HomeMy WebLinkAboutHA33070A Design of Lndscp and Demo of 9 Ponds at One Quail Place Contract No. �33070A
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
REQUEST: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
RAY LOPEZ ASSOCIATES FOR THE DESIGN OF THE
LANDSCAPE AND DEMOLITION PLANS FOR THE BACKFILL OF
NINE PONDS AT ONE QUAIL PLACE
SUBMITTED BY: Janet M. Moore, Director of Housing
DATE: January 9, 2014
CONTENTS: Professional Services Agreement and Proposal
Recommendation
By Minute Motion, that the Authority Board,
1) Approve a professional services agreement, substantially as to form, with
Ray Lopez Associates for the design of landscape and demolition plans
for the backfill of ponds at One Quail Place in an amount not to exceed
$12,100 ($11,300 for base contract work and $800 for extra services
including bidding and construction services, if needed); and
2) Authorize reimbursable expenses in an amount not to exceed $1,210; and
3) Authorize the Executive Director to execute the agreement and any
documents necessary to facilitate the agreement.
Funds are available in the Housing Authority Replacement Reserve Fund
Executive Summary
After requesting proposals on two occasions for the demolition of nine ponds at One
Quail Place and redesign of landscape and not receiving proposals that included the
information necessary to award a contract, staff is requesting that a formal landscape
design and demolition plan be completed by a landscape architect. This will ensure that
the design and retrofit are acceptable to the Authority prior to awarding a contract for
the work.
Backqround
The Authority solicited proposals from contractors to demolish nine ponds at One Quail
Place. The primary goals of the project were to reduce pond repair costs and overall
water consumption by replacing the pond areas with drought tolerant landscape and
community gathering areas. The community areas will include benches, a shade
structure and lighting.
Staff Report Contract No. �33070A
Professional Services Agreement— Ray Lopez Associates — One Quail Place Ponds
January 9, 2014
Page 2 of 2
The Authority advertised and requested proposals (RFP) on two different occasions for
the removal and backfill of ponds at One Quail Place. The intent of the RFP as it was
written was to allow interested parties to provide some `fresh or new' ideas for the areas
similar to a `design build' process. With that in mind, the first proposals were all deemed
non-responsive as none of the responses included the required information in the RFP.
The second group of proposals received did not include the necessary detail or enough
information to award a contract for the work.
In light of this, staff suggests that we have a formal landscape design prepared by a
landscape architect. This will also ensure that the Authority accepts and approves the
redesign prior to requesting additional proposals. The landscape redesign will include
the plans and specifications for the demolition, hardscape, landscape, lighting, irrigation,
and coordination with the approvals and bid process including the required reviews by
CVWD.
Staff requested proposals from several local landscape architects to complete the
design and two responded. After reviewing the proposals received with the Landscape
Department, Ray Lopez Associates, Palm Desert, had the lowest overall price and
included more services as a not-to-exceed amount than the other proposal submitted by
RGA Landscape Architects.
Staff therefore recommends that the Authority Board approve a professional services
agreement with Ray Lopez Associates to complete the demolition, redesign plans and
specifications in an amount not to exceed $12,100 ($11,300 for the base contract and
$800 for extra services including bidding or construction assistance). As a not to exceed
arrangement, only those services provided will be billed. In addition, staff requests 10%
(up to $1,210) of the total not-to-exceed amount for reimbursable expenses.
Fiscal Impact
The fiscal impact is the cost of the redesign plans and subsequent redesign work. The
cost of these services and work is expected to be recoupe within five years through
cost savings on repairs and water usage.
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Submitted by: Reviewe :
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Jan t M. Moore, Director of Housing Paul S. Gi n, Director of Finance
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PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is made and entered into this day of , 2014,
("Effective Date") by and between the PALM DESERT HOUSING AUTHORITY ("Authority")
and RAY LOPEZ ASSOCIATES, ("Consultant") (sometimes referred to individually or
collectively as "Party" or"Parties").
WITNESSETH
WHEREAS, Authority desires to retain Consultant as an independent contractor to
perform certain technical and professional services in connection with the proposal attached
hereto as Exhibit A; such services shall be subject to the terms and conditions specified in this
Agreement and its attachments, and shall represent the entire and integrated agreement
between Consultant and Authority, notwithstanding and any applicable federal, state and local
law to the contrary.
NOW, THEREFORE, in consideration of performance by the Parties of the mutual
promises, covenants, and conditions herein contained, the Parties hereto agree as follows:
1. Consultant's Services.
1.1 Nature of Services. Consultant shall provide professional and technical
services on a non-exclusive basis, as more particularly described in Section 3, below, and in
Exhibit A, and any addendums thereto.
1.2 Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perForm the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant 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.
1.3 Standard of Performance. Consultant shall perform all services under
this Agreement in accordance with the standard of care generally exercised by like
professionals under similar circumstances and in a manner reasonably satisfactory to Authority.
1.4 Consultant Representative. For the purposes of this Agreement, the
Consultant Representative regarding the performance of services shall be RAY LOPEZ
("Consultant Representative").
1.5 Time of Commencement. The execution of this Agreement by the Parties
does not constitute an authorization to proceed. A separate written Notice to Proceed shall be
issued by the Authority Representative, and Consultant shall not commence work until receipt of
such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below.
1.6 Time of Performance/Time is of the Essence. Consultant shall commence
the services contemplated under this Agreement immediately upon receipt of a written Notice to
Proceed from the Authority, and shall prosecute to completion each task listed in Section 3 in a
timely and diligent manner.
2. Services by Authority:
2.1 Authoritv Representative. For the purposes of this Agreement, the
Authority Representative shall be JANET MOORE, or such other person designated by the
Authority's Executive Director ("Authority Representative").
2.2 Provision of Data. All information, data, reports and records and maps as
it relates to the project that are existing and available from the Authority and necessary for the
carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without
Agreement for Professional Services—One Quail Pond Removal Design Page 1�9
charge by Authority, and Authority shall cooperate in every way reasonable in the carrying out of
the work without delay.
3. Consultant's Scope of Work. Upon delivery by Authority to Consultant of a
written Notice to Proceed, Consultant shall immediately commence work pursuant to this
Agreement. Consultant's scope of work shall consist of the services in Exhibit A appended to
this Agreement.
3.1 Reporting & Record Keeqinq. To assist Authority in the performance of
its planning, reporting, and financial administration obligations, Consultant shall, throughout the
term of this Agreement, keep Authority reasonably informed of progress on work required under
this Agreement, and of any problems or delays, anticipated or otherwise, associated with each
aspect of the work. Consultant shall promptly respond to any request by Authority for
information, progress reports, or documentation. Consultant shall maintain accurate records of
all work performed for each Assignment under this Agreement, including but not limited to
originals or copies, as applicable, of all deliverable documents. Upon the completion of work,
and if requested by the Authority, Consultant shall deliver to Authority the originals of all
documentation produced, and may retain copies of such documentation, at ConsultanYs
election.
3. 2 Compliance with Laws. Consultant its employees and agents, shall at all
times possess any and all licenses and permits necessary to provide the services herein, and
shall comply with applicable federal, state and local laws, ordinances, codes and regulations in
the performance of this Agreement, and with any applicable City of Palm Desert policies and
guidelines.
3.3 Confidentialitv. Except as otherwise permitted or required by law,
Consultant shall maintain as confidential and shall not disclose any and/or all information
received in the course of performing pursuant to this Agreement. Consultant shall promptly
inform the Authority in the event Consultant receives a subpoena or court order requiring
disclosure of confidential information.
4. Term. The term of this Agreement shall be six months from date of the effective
date or the completion of the construction project for which this work is prepared, whichever
occurs first. At the option of the Authority, the agreement may be renewed on a month-to-month
basis upon satisfactory performance by the Consultant and will be on the same terms and
conditions in the Agreement. The exercise of this right to renew is a unilateral option of the
Authority, which the Authority may or may not exercise in its sole subjective discretion.
5. Compensation. Authority shall pay Consultant for the Services provided under
this Agreement as prescribed in Exhibit A not to exceed $12,100 ($11,300 for the base contract
work and $800 for extra services including bidding and construction services).
5.1 Pavment of Compensation: Authority shall pay to Consultant for work
provided under this Agreement as prescribed in Exhibit A within 30 days of receipt of an invoice
acceptable to the Authority.
5.2 Additional Services and/or Fees: Authority shall not be obligated to
compensate Consultant for additional services and/or fees performed without advance written
authorization from the Authority Representative.
5.3 Reimbursable Expenses: The reimbursable expenses described in Exhibit
A and/or as customary in Consultants type of work, in an amount not to exceed $1,210. No
other expenses shall be reimbursed without prior written authorization of the Authority. Travel
expenses, other than those specifically identified in the proposal will not be considered as part
of the reimbursable expenses nor will they be reimbursed for this project.
Agreement for Professional Services—One Quail Pond Removal Design Page 2�9
6. Method of Payment.
6.1 Payment. Authority shall pay an Authority approved invoice within 30
days of receipt of such invoice by Authority check.
7. Ownership of Work Product.
7.1 Property of Authoritv. All documents, written or digital material which is
developed or obtained by Consultant in the performance of this Agreement, including any and
all intellectual property rights arising therefrom ("Work Product"), shall be and remain the
property of Authority without restriction or limitation upon its use or dissemination by Authority.
Promptly upon the completion of each Assignment, or at any other time upon reasonable notice
to Consultant by Authority, Consultant shall deliver all Work Product to Authority.
7.2 Re-Use of Work Product. Authority and Consultant agree that all
documents, prepared by Consultant pursuant to this Agreement shall be used exclusively for the
subject project, and shall not be used by Consultant for any other work without the mutual
agreement of the Parties. Such material shall not be the subject of a copyright application by
Consultant. In the event Consultant permits the re-use or other use of such Work Product,
Authority shall require the party using them to indemnify and hold harmless Authority and
Consultant regarding such re-use or other use. In the event Authority re-uses such Work
Product on any project other than the project for which they were prepared, such re-use shall be
at the sole risk of Authority unless Authority compensates Consultant for such reuse.
8. Conflict of Interest/Prohibited Conduct and Interests
8.1 Conflict of Interest. Consultant and its officers, employees, associates
and sub consultants, if any, will comply with all conflict of interest statutes of the State of
California applicable to Consultant's services under this Agreement, including, but not limited to,
the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code
Section 1090. During the term of this Agreement, Consultant shall retain the right to perform
similar services for other clients, but Consultant and its officers, employees, associates and sub
consultants shall not, without the prior written approval of the Authority Executive Director,
perform work for another person or entity for whom Consultant is not currently performing work
that would require Consultant or one of its officers, employees, associates or sub consultants to
abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees,
agents and representatives, warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a bona
fide employee working solely for 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, Authority shall have the right to terminate
this Agreement without notice or liability, or in its discretion to deduct from the agreement price
or consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
8.3 No Financial Interest - Authoritv. No officer, member or employee of City
or Authority during his or her tenure or one year thereafter shall have any interest, direct vr
indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree
that to their knowledge no member of the City Council, Authority Board, or officer or employee
of the City or Authority, has any interest, whether contractual, non-contractual, financial or
otherwise, in this Agreement, or the subject matter thereof, nor any business or financial
relationship with Consultant, 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
Agreement for Professional Services—One Quail Pond Removal Design Page 3�9
the other Party or Parties, even if such interest would not be considered a conflict of interest
under applicable laws.
8.4 No Financial Interest — Consultant. Consultant hereby covenants, on
behalf of itself, and its officers, employees, agents and representatives, that at the time of
executing this Agreement it has no interest, and that it 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. Consultant further covenants
that in the performance of this Agreement, no person having any such interest shall be
employed by Consultant. At no time during the term of this Agreement, and for one (1) year
thereafter, shall Consultant or anyone acting on ConsultanYs behalf, accept anything of value
from any contractor or subcontractor performing services in connection with the project.
9. Indemnification. Other than in the performance of professional services and to
the fullest extent permitted by law, Consultant shall indemnify, defend and hold the City,
Authority, and City's and Authority's elected officials, officers, employees, agents and
designated volunteers free and harmless from and against all tort liability, including liability for
claims, suits, actions, expenses or costs of any kind, whether actual, alleged or threatened,
reasonable attorney's fees, court costs, and expert witness fees incurred by City or Authority,
the extent caused by the acts or omissions of Consultant, or any of Consultant's officers,
agents, employees or contractors, in the performance of this Agreement, including but not
limited to, claims, suits and liabilities for bodily injury, death or property damage to any individual
or entity, including employees or officials of Consultant. The provisions of this paragraph shall
not apply to claims arising out of the acts or omissions or willful misconduct of City or Authority,
any of City's or Authority's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and hold
harmless the Authority and the City of Palm Desert, their officials, employees, agents and
representatives from and against any and all losses, liabilities, damages, costs, and expenses,
including reasonable 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 Consultant, its officers, agents,
employees or sub-Consultants (or any entity or individual that the Consultant shall bear the legal
liability thereof) in the performance of professional services under this Agreement.
10. Insurance.
Consultant will maintain insurance in conformance with the requirements set forth below.
Without limiting Consultant's indemnification of the Palm Desert Housing
Authority and the City of Palm Desert, and prior to commencement of Work, Consultant shall
obtain, provide and maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to the Authority.
10.1 General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate, for bodily
injury, personal injury, and property damage, including without limitation, blanket contractual
liability.
10.2 Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Consultant arising out of or in connection with Work
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.
Agreement for Professional Services—One Quail Pond Removal Design Page 4�9
10.3 Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
agreement and Consultant agrees to maintain continuous coverage through a period no less
than three years after completion of the services required by this agreement.
10.4 Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000), or submit a Declaration Regarding California Worker's Compensation, as
approved by the City of Palm Desert's Risk Manager.
Consultant shall submit to Authority, along with the certificate of insurance, a
Waiver of Subro_qation endorsement in favor of the Palm Deserf Housin_q Authorifv, fhe
Citv of Pa/m Desert, and their officers, a_qents, emplovees and volunteers.
10.5 Other provisions or requirements
10.5.1 Proof of insurance. Consultant shall provide certificates of
insurance to Authority as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with Authority at all times
during the term of this agreement. Authority reserves the right to require complete, certified
copies of all required insurance policies, at any time.
10.5.2 Duration of coverage. Consultant shall procure and maintain for
the duration of the agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Work hereunder by
Consultant, his/her agents, representatives, employees or subconsultants.
10.5.3 Authority's rights of enforcement. In the event any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, Authority has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by Authority will be promptly reimbursed by Consultant
or Authority will withhold amounts sufficient to pay premium from Consultant payments. In the
alternative, Authority may cancel this Agreement.
10.5.4 Acceptable insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key
Rating Guide, unless otherwise approved by the City's Risk Manager.
10.5.5 Waiver of subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against the
Palm Desert Housing Authority, the City of Palm Desert, and their elected or appointed
officers, agents, officials, employees and vo/unteers, or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against the Palm
Desert Housing Authority and City of Palm Desert, and shall require similar written express
waivers and insurance clauses from each of its subconsultants.
10.5.6 Enforcement of agreement provisions (non estoppel).
Consultant acknowledges and agrees that any actual or alleged failure on the part of the
Authority to inform Consultant of non-compliance with any requirement imposes no additional
obligations on the Authority nor does it waive any rights hereunder.
Agreement for Professional Services—One Quail Pond Removal Design Page 5�9
10.5.7 Requirements not limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type.
10.5.8 Notice of cancellation. Consultant agrees to oblige its insurance
agent or Consultant and insurers to provide to Authority with a thirty (30) day notice of
cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal
of coverage for each required coverage.
10.5.9 Additional insured status. General liability policies shall provide
or be endorsed to provide that the Palm Desert Housing Authority, the City of Palm Desert,
and their officers, officials, employees, and agents shall be additional insureds under
such policies. This provision shall also apply to any excess liability policies.
10.5.10 Authority's right to revise specifications. The Authority
reserves the right at any time during the term of the agreement to change the amounts and
types of insurance required by giving the Consultant ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the
Authority and Consultant may renegotiate Consultant's compensation.
10.5.11 Self-insured retentions. Any self-insured retentions must be
declared to and approved by Authority. Authority reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by Authority.
10.5.12 Timely notice of claims. Consultant shall give Authority prompt
and timely notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve coverage under any of the
required liability policies.
10.5.13 Additional insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the work.
11. Status as Independent Contractor. Consultant is, and shall at all times remain
as to Authority, a wholly independent contractor. Consultant shall have no power to incur any
debt, obligation, or liability on behalf of Authority. Neither Authority nor any of its officials,
employees or agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Authority agrees that Authority shall not,
during the term of this Agreement, nor for a period of one year after termination, solicit for
employment, hire or retain, whether as an employee or independent contractor, any person who
is or has been employed by Consultant. Should Authority desire to hire Consultant's employee,
Authority agrees to pay Consultant equitable compensation for the loss of said employee.
12. Non-Assignability; Subcontracting. Consultant shall not assign or subcontract
all or any portion of this Agreement without the Authority's prior, written consent. Any attempted
or purported assignment or sub-contracting by Consultant shall be null, void and of no effect.
13. Non-Discrimination and Equal Employment Opportunity. In the performance
of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that subcontractors and applicants are
employed, and that employees are treated during employment, without regard to their race,
Agreement for Professional Services—One Quail Pond Removal Design Page 6�9
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
disability, medical condition, or sexual orientation.
14. Cooperation. In the event any claim or action is brought against Authority or
City relating to ConsultanYs performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation, which Authority or City
might require so long as the claim or action is determined not to be caused by the negligence of
the Consultant.
15. Termination. The right is reserved to the Authority and Consultant to terminate
this Agreement at any time upon thirty (30) days written notice to the other party, or upon failure
of either party to perform services or the duties specified herein. Upon notice by the Authority
and/or failure of Consultant to perform services specified herein, all residential listings will be
terminated and in no force and effect.
16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be given by first class U.S. mail or by personal service. Notices shall be deemed received on
(a) the day of delivery if delivered by hand or overnight courier service during ConsultanYs and
Authority's regular business hours or by facsimile before or during Consultant's regular business
hours; or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as
the Parties may, from time to time, designate in writing pursuant to the provisions of this section.
All notices shall be delivered to the Parties at the following addresses:
Authority: Janet Moore, Director of Housing
Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Consultant: Ray Lopez Associates
Ray Lopez
P. O. Box 12885
Palm Desert, CA 92255
-or-
56960 Jackson Street
Vista Santa Rosa, CA 92274
(760) 206-9696
17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by Authority
of any payment to Consultant constitute or be construed as a waiver by Authority of any breach
of covenant, or any default which may then exist on the part of Consultant, and the making of
any such payment by Authority shall in no way impair or prejudice any right or remedy available
to Authority with regard to such breach or default.
18. Attorney's Fees. In the event that either Party to this Agreement shall
commence any legal action or proceeding for damages for breach, or to enforce or interpret the
Agreement for Professional Services—One Quail Pond Removal Design Page 7�9
provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled
to recover its costs of suit, including reasonable attorney's fees and experts' costs.
19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement
are hereby incorporated in this Agreement. In the event of any material discrepancy between
the express provisions of this Agreement and the provisions of any document incorporated
herein by reference, the provisions of this Agreement shall prevail.
20. Contract/Agreement Documents. The complete Agreement/Contract includes
this Agreement, the Proposal from Consultant dated December 18, 2013 (any addendums
thereto), the ConsultanYs Proposal and all attachments thereto, any other documents
incorporated herein by specific reference or modifications incorporated in these documents
before their execution, collectively referred to as "Contract Documents".
This Agreement supersedes all prior oral or written negotiations, representations or
agreements. No promise or representation, whether oral or written, express or implied, that is
not set forth herein, shall be binding or have any force or effect. This Agreement may not be
amended, nor any provision waived, except in a writing signed by the Parties which expressly
refers to this Agreement.
21. Partial Invalidity. In case any provision of this Agreement should be deemed by
a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the
validity, legality or enforceability of the remaining provisions shall not be affected or impaired
thereby.
22. Successors. This Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns of the parties to this
Agreement.
23. Waivers. No waiver of any breach or default of any term or provision of this
Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no
waiver shall be valid unless in writing and executed by the waiving party.
24. Construction. Section headings in this Agreement are solely for the
convenience of the parties and are not a part of and shall not be used to interpret this
Agreement. This Agreement shall not be construed as if it had been prepared by one of the
parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references
to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by
reference.
25. In case of conflicts within the Contract Documents, the document precedence
shall be as follows:
(a) This Agreement
(b) The Consultant's Proposal dated December 18, 2013 and any
addendums thereto incorporated herein by reference
IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the
Effective Date above.
Agreement for Professional Services—One Quail Pond Removal Design Page 8�9
RAY LOPEZ ASSOCIATES, CONSULTANT
By:
Ray Lopez, Consultant
PALM DESERT HOUSING AUTHORITY
Van Tanner, Chairman
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
David J. Erwin, Authority Counsel
Agreement for Professional Services—One Quail Pond Removal Design Page 9�9
EXHIBIT A
REQUEST FOR PROPOSAL
Agreement for Professional Services—One Quail Pond Removal Design ExhibitA Page 1�i
RAY LOPEZ ASSOCIATES
LANDSCAPE ARCHITECTURE&PLANNING
56-960 Jackson Street,Vista Santa Rosa, CA 92274/Post Office Box 12885,Palm Desert,CA 92255
Phone: 760/206-9696 e-mail: RLAscape@aol.com
18 December 2013
Ms. Janet Moore,Director of Housing
CITY OF PALM DESERT
73-510 Fred Waring Drive,Palm Desert,CA 92260-2578
(0) 760/346-0611 ext. 327
RE: Landscape Architecturat Services Proposal for:
ONE QUAIL PLACE-Demolition& Backfill of Ponds-Landscape&Irrigation Up-Grade.
Ms. Moore:
Ray Lopez Associates(RLA)respectfully submits this proposal for professional landscape architectural services for the
project mentioned above.
1.1 SCOPE OF SERVICES-TASKS
1. Project Coordination -RLA will perform general project coordination with Client (e.g. meetings,
phone calls,e-mails and site visits). (6L) $600.00
a. RLA shall assist Client with the"City Approval Process" (when and if required). Includes
meeting(s)with City's Landscape Specialist,Architectural Review Board,Planning Commission
and or City Council.
2. Base Sheets - RLA shall take Client's Existing Base Information and create the Landscape `Base
Sheets"in AutoCAD. Base Sheets are required for the Landscape Plans,Demolition Plan,Irrigation Plan
and Hardscape Plans. (25D) $1,500.00
3. Preliminary Demolition Plan- This plan shall indicate and callout the removal/backfill of Ponds as
directed by the Client. Pond numbers at this time are 2,3,4,5,6,7,9, 10 and 11. Demo plans includes
calling out trees, shrubs&irrigation impacted by the removal of ponds. (15D)$900.00
a. Final Demolition Plan - Revise & adjust Demolition Plan as directed by the client and as
needed for the Final Approval. (SD)$300.00
4. Preliminary Hardscape Plan for Pond Locations 5 & 6 - This plan shall locate and callout new
concrete sidewalks,concrete patios to accommodate 2 benches,2 lights& 1 trash receptacle at Pond 5
and 1 bench, 1 light& 1 trash receptacle at Pond 6. RLA shall callout Pre-Fabricated Trellis structures
as directed by Client. (30D)$1,800.00
a. Final Hardscape Plan for Pond Locations 5 & 6 - Revise & adjust the Hardscape Plan as
directed by the client and as-needed for the Final Approval. (SD) $300.00
5. Preliminary Landscape Plan -This plan will locate, size, and identify all trees, shrubs, vines and
ground covers for review and comment from Client at the pond areas mentioned in item 3 above.
(25D) $1,500.00
a. Final Landscape Plan-This revised&adjusted plan shall locate,size,and identify al]trees,
shrubs,vines and ground covers as directed by the client and as-needed for the Final Approval.
(l OD)$600.00
City of Palm Desert- 1 Quail Place
Page 2
6. Li�htinQ Design-RLA shall indicate on the plans the landscape lighting which shall be similar style
to those already existing on-site or as directed by the Client. (15D)$900.00
7. Irrigation Plan -RLA shall provide irrigation concept notes required to accept the new landscape
design. In addition, provide diagrammatic plans that shall callout all proposed piping, valves (if
required),emitters,bubblers,controller(s)(ifrequired),mainline sizing. Includes water calculations and
Water District approval process. (25D) $1,500.00
8. Irrigation&Landscape Details&Specifications- All necessary details,notes and specifications will be
provided in order to have the above items approved and installed. (15D�$900.00
9. Cost Estimate-RLA shall provide Client one(1)Cost Estimate for value engineering purposes only.
(SD) $300.00
10. CAD Plots-CAD plotting costs are based on creating 20 plots @$10.00 per for a"lump-sum"fee
of$200.00. Plots are for RLA(progress prints)and Client review.
2.1 FEES AND CHARGES
A. Our proposal is based on providing the above services at a fee not to exceed: $11,300.00
Note: Please subtract$600.00 from proposal if Client supplies RLA with CAD base site files.
Payments(4): 0. $ 0.00-A "start-up"fee is respectfully requested at the signing of proposal and prior to the
commencement of work.
1. $ 5,400.00 due when the Base Sheets,Preliminary Hardscape& Demolition Plans are completed
and first submitted to the Client for approval. Fees are applied to Tasks 1,2,3 &4.
2. $ 2,400.00 due when Preliminary Landscape Design and Lighting Design are completed and first
submitted to the Client for review. Fees applied to Tasks 5 & 6.
3. $ 2,100.00 is due when the Final Landscape Plan& Irrigation Plan are completed and submitted to
the Client for review. Fees applied to Tasks S.a and 7.
4. $ 1,400.00 Client retainer is due when either the plans have been approved by the Client. Fees
applied to Tasks 8,9 and 10.
B. FEE SCHEDULE
L-Principal/Landscape Architect $ 100.00/hour.
P-Associate/Project Manager $ 80.00/hour.
D-Draftsman $ 60.00/hour,
GClerical $ 35.00/hour.
T-Travel $ 0.50/mile.
C. Tasks NOT included in Proposal and not limited to:
1. Any Task not included under Section"1.1 Scope of Services-Tasks".
2. Fees associated with the approval process(e.g.plan check fees).
3. Blueprints,postage,copies, etc.
4. Site observation of construction/Quality Control.
5. Electrical circuiting by Electrical Engineer. May be required for Lighting Design.
6. Assist Client with Bidding Process. $300.00.
7. Assist Client with RFIs during construction. $500.00.
City of Palm Desert- 1 Quail Place
Page 3
3.1. LIMITS OF LIABILITY
The client agrees to limit Ray Lopez Associates liability to the client and to all contractors and sub-
contractors on this project due to RLA'S acts,errors,or omissions such that the total aggregate liability
shall not exceed the amount of the total fees paid to RLA under Item 2.1.A.
4.1 TIME OF COMPLETION
The estimated time of completion for Preliminary Landscape Plan and Demolition Plan shall not exceed
30 calendar days from the date RLA receives site-base information&signed contract from the Client.
Estimated time for revisions shall be on an `as-needed' basis. Landscape Architect shall render its
services as expeditiously as is consistent with professional skill and care. During the course of the
Project, anticipated and unanticipated events may impact any Project schedule.
Upon approval and notice to proceed from the Client, RLA will be able to complete the Irrigation &
Hardscape Drawings in approximately 30 days after notice. After Irrigation, Landscape & Hardscape
Plans are completed,RLA shall submit plans to the Client for approval.
Time-line for the approval process shall be on a `to be determined' basis.
5.1 REIMBURSABLE ITEMS
Outside services, such as reproduction will be billed at cost plus 15%. Additional CADD plots at
$10.00 per plot. Client may elect to set up an account at a local blue printing service and have the
reproduction costs billed directly to the Owner.
6.1 ADDITIONAL SERVICES
If additional services are requested in writing beyond the stipulated scope of services,we will submit a
proposal for that work,and our fee will be based on the FEE SCHEDULE presented in Item `2-B'
7.1 CLIENT RESPONSIBILITIES
A. Client agrees to provide Landscape Architect with all information,surveys,reports and professional
recommendations and any other related items requested by Landscape Architect in order to provide it's
professional services. Landscape Architect may rely on the accuracy and completeness of these items.
Additional charges may occur due to inaccurate or revisions to information.
B. Client shall furnish the services of the following consultants: To Be Determined.
C. Client agrees to advise Landscape Architect of any know or suspected contaminants at the Proj ect site.
Client shall be solely responsible for all subsurface soil conditions.
D. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project.
8.1 DISPUTE RESOLUTION
A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to the
Agreement before initiating litigation. The mediation shall be conducted by a mediation service
acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a
claim or dispute arises,and the parties agree to mediate in good faith. In no event shall any demand for
mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall
be shared equally.
City of Palm Desert- 1 Quail Place
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9.1 MISCELLANEOUS PROVISIONS
A. This Agreement is governed by the law of Landscape Architect's principal place of business.
B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and
supersedes all prior negotiations,statements or agreements,either written or oral. The parties may amend
this Agreement only by a written instrument signed by both Client and Landscape Architect.
C. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the
other.
D. Irrespective of any other term in the Agreement, Landscape Architect shall not control or be
responsible for construction means, methods, techniques, schedules, sequences or procedures; or for
construction safety or any other related programs;or for another parties'errors or omissions or for another
parties' failure to complete their work or services in accordance with Landscape Architect's documents.
E. Client agrees to indemnify,defend and hold Landscape Architect harmless from and against any and
all claims,liabilities,suits,demands,losses,costs and expenses,including,but not limited to,reasonable
attorneys'fees and all legal expenses and fees incurred through appeal,and all interest thereon,accruing
or resulting to any and all persons, firms or any other legal entities on account of any damages or losses
to property of persons,including injuries or death,or economic losses,arising out of the Project and/or
this Agreement,except that the Landscape Architect shall not be entitled to be indemnified to the extent
such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape
Architect's negligent errors or omissions.
F. To the extent damages are covered by property insurance during construction,Client and Landscape
Architect waive all rights against each other and against the contractors, consultants, agents and
employees of the other for such damages. Client or Landscape Architect,as appropriate,shall require of
the contractors, consultants, agents and employees of any of them similar waivers in favor of the other
parties described int this paragraph.
G. Client acknowledges and agrees that proper Project maintenance is required after the Project is
complete. A lack of or improper maintenance in areas such as,but not limited to,watering, fertilizing,
trimming of shrubs,trees,palms,irrigation maintenance,etc.may result in damage to property or persons.
Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely
responsible for the results of any lack of or improper maintenance.
H. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.
City of Palm Desert- 1 Quail Place
Page 5
If this proposal meets with your approval,please sign and return one copy to my office. Should any questions
arise concerning this proposal,please do not hesitate to call.
Representative/Client-Title Date
�R��O�c1�(i, �o�iez 18 �ece�r6e� 2013
Submitted by Raymond C. Lopez,Owner Date
Landscape Architect,#3474
LANDSCAPE ARCHITECTS ARE REGULATED BY THE CALIFORNIA BOARD OF LANDSCAPE
ARCHITECTS. ANY QUESTIONS CONCERNING A LANDSCAPE ARCHITECT MAY BE REFERRED TO
THE BOARD AT:
Board of Landscape Architects
400 R Street, Suite 4020
Sacramento,CA 95814
Phone: 916/445-4954
THIS PROPOSAL IS VALID THROUGH JANUARY 31.2014