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HomeMy WebLinkAboutC27210 Monterey-Dinah Shore Median Sclpture Lndscp 937-06REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Award Landscape Design, Contract No. C27210 , in the amount of $88,425.00 to David Evans and Associates, Inc. for the Design of the Monterey Avenue/Dinah Shore Drive Median Sculpture and Landscape Improvements (Project No. 937-06) SUBMITTED BY: Mark Greenwood, P.E. Director of Public Works APPLICANT: David Evans and Associates, Inc. 1955 Chicago Avenue, Suite 200 Riverside, CA 92507 DATE: December 13, 2007 CONTENTS: Agreement Exhibit A - Scope of Work Exhibit B - Fee Schedule Exhibit C - Work Schedule Vicinity Map Recommendation: By minute motion: 1. Award Landscape Design, Contract No. C27210 , in the amount of $88,425.00 to David Evans and Associates, Inc. for the Design of the Monterey Avenue/Dinah Shore Drive Median Sculpture and Landscape Improvements, Project No. 937-06; 2. Approve 10% contingency in the amount of $8,843.00; 3. Authorize the Mayor to execute the agreement. Award Landscape Design Contract to David Evans and Associates, Inc. Page 2 of 3 December 13, 2007 Discussion: The project is located on Monterey Avenue from Dinah Shore Drive north, to the Southern Pacific Railroad tracks, a length of approximately 700 lineal feet. This roadway section is part of an overcrossing that crosses over the Southern Pacific Railroad and Interstate 10. The proposed landscape improvements include installing landscaping and irrigation on the ramp slopes, and replacing the 18-foot-wide concrete center median with landscape and irrigation within the described limits for a total of approximately 4 acres of landscaping. The center median will also have a public art feature integrated into the landscape to provide an entry statement into the City of Palm Desert. The City of Palm Desert's desert landscape palette will be used to theme the design. The project is partially funded with Federal Transportation Enhancement (TE) funds in the amount of $567,000 through the California Department of Transportation (Caltrans). As such, the project will be designed and constructed in accordance with the guidelines set forth within the Caltrans Local Procedures Manual. The project will be advertised with State/Federal prevailing wage requirements included in the contract specifications. The Federal Environmental Document was approved by Caltrans on November 7, 2007. On September 24, 2007 staff received five proposals for the design of the Monterey Avenue/Dinah Shore Drive Median Sculpture and Landscape Improvements, Project No. 937-06. The following firms responded to the request for proposals: David Evans and Associates Stantec Consulting, Inc. Rick Engineering Company Lynn Capouya, Inc. TKD Associates, Inc. (Riverside, CA) (Palm Desert, CA) (Riverside, CA) (Costa Mesa, CA) (Rancho Mirage, CA) A staff review committee numerically ranked the proposals in the areas of firm and personnel qualifications, experience with municipal projects of this type with an emphasis on desert landscape design, depth of resources, and fees. David Evans and Associates, Inc. received the top score, and staff is confident in the value being received. Funds for this work are available in account number 400-4645-433-4001. G IPub Works\PROJECTS1937.06 Landscape -Monterey at Dnah Snore Landscape and ArStaff Reports112-13-07 Award Design Contract to DEAAAward DEA PSA MNT-DSD LS Des,gn P937-06 doc Award Landscape Design Contract to David Evans and Associates, Inc. Page 3 of 3 December 13, 2007 Therefore, staff recommends that City Council, by minute motion, award Contract No. C , in the amount of $88,425.00 to David Evans and Associates, Inc. for the Design of the Monterey Avenue/Dinah Shore Drive Median Sculpture and Landscape Improvements, Project No. 937-06; approve a 10°/0 contingency in the amount of $8,843.00, and authorize the Mayor to execute the agreement. Prepared By: Approval: Homer Croy ACM for Dev Department Head: Mark Greenv(ood, P.E. Director of Public Works Paul Gibson ment Services Finance Director Carlos rteg�/ City Manager 1V CITY COUNCIL ACTION: APPROVED �/ DENIED RECEIVED OTHER MEETING DATE /& -/3-01 AYES: (�Gr'l. Pl l y / S pi e eL n i-ri i4)fr 1 NOES: lVP_ ABSENT: 1-irprfi f ABSTAIN: A,(�W), VERIFIED BY: 0O0/fat l Original on File watt City Clerk's Office G.IPub Works1PROJECTS1937-06 Landscape -Monterey at Dinah Shore Landscape and Art\Staff Reports112-13-07 Award Design Contract to DEAIAward DEA PSA MNT-DSD LS Design P937-06.doc AGREEMENT THIS AGREEMENT, made and entered into this day of December, 2007, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY" and David Evans and Associates, Inc.. 1955 Chicaqo Avenue, Suite 200. Riverside. CA 92507, hereinafter referred to as "LANDSCAPE ARCHITECT". WITNESSETH: WHEREAS, LANDSCAPE ARCHITECT is a corporation, the principal members of which are Professional LANDSCAPE ARCHITECTS duly registered under the laws of the State of California; and WHEREAS, CITY desires to engage LANDSCAPE ARCHITECT to render certain technical and professional landscape architecture design services as set forth in Exhibit "A" (LANDSCAPE ARCHITECTS Proposal of Services) in connection with the design of Proiect; 937-06: Monterev Avenue/Dinah Shore Drive Median Sculature and Landscaae Imarovements. NOW, THEREFORE, the parties hereto agree as follows: (1) CITY hereby agrees to engage LANDSCAPE ARCHITECT to perForm the technical andlor professional services as hereinafter set forth. (2) LANDSCAPE ARCHITECT shall perform all work necessary within the schedules provided herein to complete the services set forth in Exhibit "A" attached hereto and by reference incorporated herein and made a part hereof. (3) All information, data, reports and records and maps as are existing and available from the CITY and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to LANDSCAPE ARCHITECT without charge by CITY and CITY shall cooperate in every way reasonable in the carrying out of the work without delay. (4) LANDSCAPE ARCHITECT represents that, it employs or will employ at its own expense, all personnel required in performing the services under this Agreement. (5) All of the services required hereunder will be performed by LANDSCAPE ARCHITECT or under its direct supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under state and local law to perForm such services. (6) The execution of this Agreement by the parties hereto does not constitute an authorization to proceed. CITY's Director of Public Works has not authorized LANDSCAPE ARCHITECT to proceed. (7) The LANDSCAPE ARCHITECT shall work closely with the CITY's Director of Public Works, or his designated representative, who shall be the principal officer of the CITY. The LANDSCAPE ARCHITECT shall review and receive the Director of Public Works approval of the details of work as it progresses. The registered landscape architect hereby designated by the LANDSCAPE ARCHITECT as its representative for supervision of the work required by this Agreement is Chris Giannini, ASLA, Reqistration # 4287 (California). (8) The LANDSCAPE ARCHITECT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to -2- pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (9) The right is reserved by the CITY to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the LANDSCAPE ARCHITECT'S services, in the sole judgment of CITY, are unsatisfactory or because of the LANDSCAPE ARCHITECT'S failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the LANDSCAPE ARCHITECT shall be paid the reasonable value of the services rendered, based upon LANDSCAPE ARCHITECT'S standard hourly rates, up to the time of the termination. The LANDSCAPE ARCHITECT shall keep adequate records to substantiate costs and provide copies of original timecards in the event of termination or suspension. (10) All documents including tracings, drawings, estimates, reports, investigations and computations shall be delivered to and become the property of the CITY. CITY acknowledges and agrees that all plans, specifications, reports and other design documents prepared by LANDSCAPE ARCHITECT pursuant to this agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of LANDSCAPE ARCHITECT. In the event CITY and LANDSCAPE ARCHITECT permit the re-use or other use of the plans, specifications, reports or other design documents, CIN shall require the party using them to indemnify -3- and hold harmless CITY and LANDSCAPE ARCHITECT regarding such re-use or other use, and CITY shall require the party using them to eliminate any and all references to LANDSCAPE ARCHITECT from the plans, specifications, reports and other design documents. (11) The LANDSCAPE ARCHITECT shall comply with all federal, state and local laws, ordinances and regulations applicable to work. (12) No change in the character or extent of the work to be performed by the LANDSCAPE ARCHITECT shall be made except by supplemental authority in writing between CITY and the LANDSCAPE ARCHITECT. The supplemental authority shall set forth the changes of work, extension of time and adjustment of the fee to be paid by CITY to the LANDSCAPE ARCHITECT, if any. (13) In connection with the execution of this Agreement, the LANDSCAPE ARCHITECT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The LANDSCAPE ARCHITECT shall take affirmative actions to insure equal employment opportunity and that employees are treated during their employment without regard to their race, religion, color, sex or national origin. Such actions shall include, but not limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation and selection for training, including apprenticeship. This clause shall be included in each related subcontract, if any, awarded by the LANDSCAPE ARCHITECT. (14) The CITY agrees to pay the LANDSCAPE ARCHITECT for the work required by this Agreement on the following basis: LANDSCAPE ARCHITECT shall submit invoices monthly for services performed in the previous month not to exceed the total contract amount of: $88,425.00 -4- Eiqhtv-eiqht Thousand Four Hundred Twentv-five dollars and no cents ONLY� in accordance with the LANDSCAPE ARCHITECT'S fee scheduled presented as "Exhibit B", attached hereto and by reference incorporated herein and made a part hereof. CITY agrees to pay all undisputed invoices within thirty (30) days of receipt of invoice. CITY agrees to notify LANDSCAPE ARCHITECT of disputed invoices within fifteen (15) days of receipt of said invoice. (15) The LANDSCAPE ARCHITECT agrees to complete the work and submit the Final Design LANDSCAPE ARCHITECTURE phase as displayed in Exhibit "C" Project Schedule, attached hereto and by reference incorporated herein and made a part hereof. (16) In the event that any judgment is entered in any action upon this Agreement, the party hereto against whom such judgment is rendered agrees to pay the other party an amount equal to the reasonable value of the legal services performed in his or its behalf in such action and that such amount may be added to and made a part of such judgment. (17) This Agreement shall be binding on the successors and assigns of the parties, but it shall not be assigned by the LANDSCAPE ARCHITECT without written consent of the CITY. (18) The LANDSCAPE ARCHITECT shall be an independent contractor, not an employee of the CITY. (19) Prohibited interests are as follows: No officer, member or employee of the CITY during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto covenant and agree that to their knowledge no member of the City Council, officer or employee of the CITY has any interest, whether contractual, -5- non-contractual, financial or otherwise, in this transaction, or in business of the contracting party other than the CITY, and that if any such interest comes to the knowledge of either party at any time a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. The LANDSCAPE ARCHITECT hereby covenants that he has, at the time of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The LANDSCAPE ARCHITECT further covenants that in the performance of this work no person having any such interest shall be employed by the LANDSCAPE ARCHITECT. (20) Insurance. Prior to the beginning of and throughout the duration of the Work, LANDSCAPE ARCHITECT will maintain insurance in conformance with the requirements set forth below. LANDSCAPE ARCHITECT will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. LANDSCAPE ARCHITECT acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. LANDSCAPE ARCHITECT shall provide the following types and amounts of insurance: a. Workers' compensation and employer's liability — LANDSCAPE ARCHITECT shall provide Workers Compensation and Employer's Liability Insurance on a state-approved policy form providing benefits as � required by law with employer's liability limits no less that $1,000,000 per accident or disease. b. Professional Liability or Errors and Omissions - Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. c. Automobile liability — LANDSCAPE ARCHITECT shall provide auto liability coverage using ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1(Any Auto) or the exact equivalent with a limit of no less than $1,000,000 per accident. If LANDSCAPE ARCHITECT owns no vehicles this requirement may be met through a non-owned auto endorsement to the CGL policy. d. General liability — LANDSCAPE ARCHITECT shall provide Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 11 85 or the exact equivalent with limits of no less than $1,000,000 per occurrence for all covered losses and $3,000,000 general aggregate. -7- If the LANDSCAPE ARCHITECT does not carry Worker's compensation coverage, or if the contractor will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the City's Risk Manager. (21) Hold Harmless and Indemnity for Professional Liability. LANDSCAPE ARCHITECT shall indemnify, protect, defend and hold harmless the City, its officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the LANDSCAPE ARCHITECT, its officers, agents, employees or subcontractors (or any entity or individual that the LANDSCAPE ARCHITECT shall bear the legal liability thereof} in the performance of professional services under this agreement. (22) In case of conflicts within the contract documents, the document precedence shall be as follows: (a) This Agreement; (b) Exhibit "A" (LANDSCAPE ARCHITECT'S Proposal of Services, and any written modifications thereto). (c) Exhibit "B" (LANDSCAPE ARCHITECT'S Fee Schedule, and any written modifications thereto). (d) Exhibit "C" (LANDSCAPE ARCHITECT'S Fee Project Schedule, and any written modifications thereto). � IN WITNESS WHEREOF, said parties have executed this Agreement the date first hereinabove written. THE CITY OF PALM DESERT Municipal Corporation David Evans and Associates, Inc. Jean M. Benson, Mayor DATE: ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO CONTENT: MARK GREENWOOD, P.E. DIRECTOR OF PUBLIC WORKS DAVID J. ERWIN, CITY ATTORNEY Authorized Signature DATE: � EXHIBIT "B" LANDSCAPE ARCHITECT'S FEE SCHEDULE Anreemme�t UEA OSHIJ LS F'SA � stl � � � N � N U � d � � d L U � d d � N � L x W C� U U r� �) C'� C> O O U �"� 'J U r� r� � ' O C"� U . �. . , �n ,r. �n ,n �� (� i �i c"> �n C� .p ' ,C) •C) (�. (\ C� CJ M f`� ^) (7 ('J f`) �) N � �n ..� vi v� �.� . � �n ✓� �� . � v� ..i , � ✓� ..i �n � � �q ,� � �'� G C� C) O " C, J C� V �r, U�O � v; �f; � n' c0 P i r. -1 U � � O• C� (� � C� '� (`. (�� (�: �! r. �n � N i. N - dJ � � r, r . N . . . 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CV (V (V CV � 0 b U � C U C � � 3 0 � C C ;, O O Ol 71 � - Q lJ C p N � � � V � E 0� lJ E � C O '_ ¢ o � E n v ¢ � c w c � o � a: � ^ _ o f � V � a o m v o O � ��� o � � � � � U � H O c c � o� o U u c 0 O � O � c � � c o� a d v o a o ° w a a o Cv o P �Im .� - � 0 d C •C O ✓� V < � v y c, � � °y V � o � u o u u � � Q � � c>> W o � o _ m L y c y � v �� � G t p p Q O � j a� O O O � d V�= U Q � a — U C� N w a U a`. m � > . ^ CV �� U c`7 V V'1 �O 1� c0 U � � N c'7 v �t � � � � � � Y � � � � .at O O O O O O O O O O O O O O � �----� f- � _�--_� � _� � _t- _r _� f-- U � O � � E a� C � c O O � V � � � d � O O v C d O d v O O � O d O v a m C C a � c y � a� ` 0 0 � ? C L �' U �- � � O � = o a � „ o � u rn a Q a _o � � L a� > � = 0 0 ` � U � Q) � V C J � U � � � O G % � O � � a Q � � � o _ � � o � a E � L r o a a e y a v c E ° y CJ L �.' Q ^ � =� � � v z c - � � o EXHIBIT "C" LANDSCAPE ARCHITECT'S PROJECT SCHEDULE AgreemmCni DEA DSFiIJ LS F'SA 5tl ' �' 14g � � ,� �'�'�� ����� ���jl ��1 � -0��r r� r1 �r ���•••- � �����������1 � ����������� >� a'''•'•'', � � ���'•'��� �. � ••�����' v �''' '•1 � � ���� ��, t � ; � ���� �� � �� ���� 1►1 ° � � �����/ � a °� � ''� � {/� V' 'w•'' � G o-'•' d �'''' � � �•�� ,. ���I °� <��1 � � � o �' � �� �r _ �� � r Oct. 29, 2007 Exhibit 1 – Scope of Work Project Understanding and Scope of Work The proposed project improvements consist of new planting and irrigation within the18’ wide median in Monterey Avenue, extending from Dinah Shore Drive to the Union Pacific Railroad track undercrossing. The median is currently paved, and as a result, the existing pavement will have to be removed. The slopes on both the east and west side of Monterey Avenue within this aforementioned area are also included in the project limits. Overall, the new areas will encompass approximately 4 acres. The project scope also includes a new public art feature that will serve as an entry statement into the city of Palm Desert. We understand that it is the City’s desire to have an art element that includes sequential elements integrated with the landscape throughout the full median length. Corten steel or a similar look - along with stainless steel - is also desirable. DEA will develop site plan information from drawings provided by the City. The DEA team will coordinate hardscape improvements, sleeving, and points of connection for water and power with the appropriate agency and project personnel. The planting plans may include decorative boulders and the innovative use of inert materials, combined with a successful desert palette incorporating plants suitable for the Coachella Valley and in accordance with the City of Palm Desert’s landscape guidelines. Irrigation plans will also be prepared in accordance with City and CVWD standards. DEA will work with city staff to develop recommendations for hardscape, planting and irrigation equipment. We have developed the following scope of services based on our previous experience working with your team. Scope of Work Task 1: Pre- Design Meeting / Site Visit The DEA project team members will attend a start up meeting with City staff to discuss the design intent and visit the project area to clarify field conditions and limits of work. This meeting will provide a thorough review of the scope of services, objectives, design, maintenance requirements, method of irrigation, construction schedule and budget. At this time DEA will also request and review all existing documents that the city has with regard to existing conditions on site. Based upon the available information, a discussion may be necessary with regard to the level of accuracy that existing documents will provide. If greater accuracy is necessary, additional site survey or topographic information may be required. An additional scope item and associated fee may be discussed at this time. Deliverables: Start up meeting. Task 2: Conceptual Landscape Plans DEA will prepare a “Story Board” with a colored conceptual plan and representative photos of key elements of the design’s hardscape and plant palette. DEA will submit the conceptual plan to the city for review and comment. We will address the city’s comments per this one submittal Page 1 of 6 Oct. 29, 2007 Exhibit 1 – Scope of Work in preparation for conceptual plan presentations. The conceptual plan process will utilize existing site information to develop the base sheets and site plan that will be used for the drawings. Deliverables: 30”x42””story board” with color rendered conceptual plan and decorative hardscape and plant photos. Site revisions for one submittal. Task 3: Art Feature Conceptual Drawings DEA’s subconsultant, Artist Heath Satow, will provide the following:  Design in consultation with landscape architect will include attendance at the pre- design meeting with the landscape architect and City to discuss design direction and concept, a web page set up to present client with work-in-progress images of the design as it is developed, emails and phone calls to discuss the images on the web page. Mr. Satow will also attend an additional three (3) meetings for a total of four (4) meetings to discuss final presentation images. These meetings may be meetings with city staff or presentations to Arts in Public Places Commission or City Council.  Presentation drawings: Renderings of multiple views of design in place including two 24”x36” mounted and laminated final prints of the renderings, plus as-needed multiple 8.5”x11” photo-quality prints of additional views of work.  CAD files as needed: 2D dxf or dwg files will be available for dropping in designs of sculpture into overall plan, in both plan and elevation views as needed. If a 3D presentation is being created, 3D files in a compatible format will be provided. The drawings will provide sufficient information so as to allow the structural engineer to design appropriate footings for sculpture installation.  Review process: Modifications to original design and new presentation/plan st drawings/files based upon three-step review process. 1 review- Review concept/plans ndrd by committee, 2 review – 30-50% review by committee, 3 review – 90-100% Review by Committee. Task 4: Data Collection Data collection will include: acquiring available documents, standards, agreements, guidelines, master plans, utility agency coordination, development agreements, or other pertinent information. Deliverables: Data gathering as noted herewith. Task 5: Planting Plans/ Demolition Plan DEA landscape architects will prepare planting plans for the median limits. Plans will include a plant legend indicating trees, palms, shrubs, and ground covers, and information regarding paving demolition and the installation of fines and decorative rock. The legend will indicate the botanical and common names, quantity, size, remarks (such as variety and staking procedure). Page 2 of 6 Oct. 29, 2007 Exhibit 1 – Scope of Work The plans will provide an integrated palette of selected material, rock placement, and existing features. Design standards will be in accordance with the standards set forth by agencies such as City of Palm Desert, Coachella Valley Water Distric, Caltrans, FHWA and IID. Notes regarding the demolition of existing paving within the median will also be noted on the planting plans. Deliverables: 1”=20’ scale final planting plans; demolition information regarding existing paving within the median. (3 bond sets to City/submittal, 2 bond sets to Coachella Valley Water District, and 1 signed mylar set). Plan submittals will be at 35-50%, 90%, and 100%. Task 6: Irrigation Plans The final irrigation plans will provide the necessary information for a complete and fully automatic drip irrigation system for the project. The plans will indicate the point(s) of connection based upon CVWD requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. DEA will coordinate with the Coachella Valley Water District and the City of Palm Desert to obtain approvals prior to bidding. Deliverables: 20 scale final irrigation plans. (3 bond sets to City/submittal, 2 bond sets to Coachella Valley Water District, and 1 signed mylar set). Plan submittals will be at 35-50%, 90%, and 100% Task 7: Construction Details Construction details will be provided for planting, irrigation, fines and boulder/rock placement. Deliverables: Construction details in compliance with City standard guidelines; (3 bond sets to City/submittal, 1 signed mylar). Plan submittals will be at 35-50%, 90%, and 100% Task 8 – Geotechnical investigation Converse Consultants will provide the geotechnical investigation services and prepare a foundation report for the sculpture. Their proposed geotechnical investigation will provide personnel, equipment and materials to drill exploratory borings, conduct geotechnical laboratory testing of soil samples, perform geotechnical engineering and geological analyses, and provide recommendations for earthwork, foundations, and other related developments. Their scope of work will include the following tasks: Project Set-up As part of the project set-up, staff personnel from our office will conduct the following:  Co-ordinate site access with you.  Stake/mark the boring locations in the field such that drill rig access to all locations is available.  Notify underground Service Alert (USA) at least 48-hours prior to drilling to clear the boring location of any conflict with existing underground utilities. Field Exploration The field exploration will consist of a subsurface exploration program consisting of drilling and sampling two exploratory borings. The purpose of the borings will be to: Page 3 of 6 Oct. 29, 2007 Exhibit 1 – Scope of Work  Obtain subsurface information at the site  Obtain undisturbed and bulk samples of the various soil types for laboratory testing The borings will be drilled 20 feet below ground surface (bgs) or to refusal, whichever is shallower. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System. Undisturbed ring samples of the subsurface materials will be obtained at five-foot intervals, at changes in soil profiles, or where unusual conditions are encountered. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4 inches inside diameter and 3.0 inches outside diameter) lined with thin-walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 140- pound hammer falling 30 inches. The number of successive drops of the driving weight (“blows”) required for one foot of penetration will be shown on the boring summary sheet in the “blow/6-inch” column. The soil will be retained in brass rings (2.4 inches in diameter and one inch in height). The central portion of the sample will be retained and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags. Groundwater levels, where encountered in the borings, will be recorded. Laboratory Testing Soil samples obtained in the subsurface exploration will be transported to our geotechnical laboratory. Geotechnical testing may include the following:  In-place moisture and density tests  Sieve analysis  Direct shear tests  pH, resistivity, and soluble sulfate and chloride tests Samples will be stored in our laboratory for at least 30 days after the report is completed. At that time, samples will be disposed of unless we receive notification to do otherwise. Deliverables: Geotechnical Analyses and Report Preparation – Data obtained from the exploratory borings and the laboratory-testing program will be evaluated. Engineering and geologic analysis will be performed to develop earthwork and preliminary foundation design for the proposed project. A report will be prepared for the site, which will include the following items:  Field and laboratory procedures used in the investigation  A discussion of the materials encountered in the borings and their measured engineering properties  Logs of the exploratory borings summarizing the subsurface conditions encountered, results of laboratory testing, and a plan indicating the locations of the explorations  Depth of groundwater, if encountered, and its impact on the proposed development  Site Class Definition (A through F), Site Co-efficient (Fa, Fv) and Design spectral response acceleration parameters (Sds, Sd1) Page 4 of 6 Oct. 29, 2007 Exhibit 1 – Scope of Work  Excavability  Pier foundation design parameters  Lateral earth pressures including friction of co-efficient  Installation of pier foundation  Soil ferrous corrosivity and Portland Cement attack potential Task 9 – Structural Engineering Ogunbiyi Associates will provide structural drawings and calculations for the sculpture footing(s) in the median. If additional structural information is necessary beyond what has been noted above an additional fee may be necessary. Additional fees will be negotiated prior to the production of additional work. Deliverables: Structural calculations and details (3 bond sets to City/submittal, 1 signed mylar). Plan submittals will be at 35-50%, 90%, and 100% Task 10: Electrical Plans DEA’s subconsultant, JCA Engineering Inc. will provide electrical engineering services for the project. The Electrical plans will reflect electrical coordination with the local purveyor. A new electrical service will serve electrical and lighting needs for the new irrigation system as well as the new lighting for the proposed art component within the median. Deliverables: Electrical Plans. (3 bond sets to City/submittal, 1 signed mylar). Plan submittals will be at 35-50%, 90%, and 100% Task 11: Project Specifications DEA will prepare technical specifications, in addition to modifying the boilerplate document provided by the City. The document will include a detailed project description, preparation of bid schedule, bid item descriptions, payment methods and special provisions. Deliverables: 1 draft copy of specifications, 1 final copy of the specifications, 1 digital version of specifications and bid schedule. Task 12: Construction Cost Estimate The project team will prepare an estimate of probable cost with the final conceptual plan. A revised estimate will also be provided with final construction drawings. The final estimate will be in a per unit basis of proposed improvements once the construction documents have been completed. This format will directly match the contractor bid schedule for ease of comparison. The estimate will be in tabular form for each construction item showing quantity, unit, unit price, and total cost. Deliverables: estimates of probable cost at the end of the conceptual phase and at the end of the construction drawing phase. (2 hard copies, one digital copy in Excel format) Task 13: Project Meetings In addition to the kick-off meeting and pre-bid meeting DEA is applying an assumed 5 meetings or 25 hours of meeting time for project coordination meetings. Additional meetings beyond our assumption may require additional fees. Page 5 of 6 Oct. 29, 2007 Exhibit 1 – Scope of Work Meetings will be with city staff and/or presentations to the Landscape Beautification Committee, The Arts in Public Places Commission, and City Council. Deliverables: DEA representation at approximately 5 meetings in addition to the start up and pre-bid meetings. Travel time included. A total of three presentations by DEA for the meeting events noted above. Task 14: Bidding Process The DEA project manager shall assist staff in bidding process by attending the pre-bid conference, assist in bid advertisement coordination, prepare addenda if necessary, and respond to questions raised by prospective bidders and review bids prior to bid award by the City Council. Deliverables: Bid assistance as noted above and attendance at the pre-bid meeting. DEA proposes to complete the project tasks for the fees indicated in addition to reimbursable expenses. Invoices will be due and payable within thirty (30) days, and will be sent monthly based upon the percentage of work completed. Government fees, mileage, delivery costs such, as Federal Express charges and plotting / reproduction services are considered reimbursable expenses and are billed at cost plus 15%. Page 6 of 6 PROJECT LOCATION/LIMITS MONTEREY AVENUE/DINAH SHORE DRIVE LANDSCAPING PROJECT N Interstate 10 Costco Limits of proposed Landscaping Union Pacific Railroad Dinah Shore Dr. Sam’s Club Monterey Avenue Home Depot Walmart