HomeMy WebLinkAboutSR - R23210C - Ball Field @ Freedom ParkPALM DESERT REDEVELOPMENT AGENCY
DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE AWARD OF CONTRACT TO DAVID EVANS AND
ASOCIATES (CONTRACT NO. R- 23210C ) FOR THE
ADDITION OF A BALL FIELD AT FREEDOM PARK.
SUBMITTED BY: JAY NIEMCZAK, PARKS MAINTENANCE SUPERVISOR
CONSULTANT: DAVID EVANS AND ASSOCIATES
800 NORTH HAVEN AVENUE, SUITE 300
ONTARIO, CALIFORNIA 91764
DATE: AUGUST 24, 2006
CONTENTS: 1. PROPOSAL
2. CONTRACT NO. R-23210C
Recommendation:
By Minute Motion, that the Agency Board:
1. Authorize award of contract (Contract No. R- 23210c ) for the addition of a ball
field at Freedom Park to David Evans and Associates, of Ontario, California.
2. Allocate an amount not to exceed $39,633.00 from the Freedom Park
construction contingency Account Number 851-4670-454-4001.
Executive Summarv:
Staff is requesting that the Agency Board award a contract to David Evans and
Associates of Ontario, California, for additional design services for Freedom Park. The
design services are necessary based on the need for additional ball fields in Palm
Desert.
Discussion:
Desert Sands Unified School District (DSUSD) has informed Staff of their intentions to
renovate Palm Desert Middle School and Palm Desert High School. Both locations
Staff Report
Award of Additional Design Services Contract for Freedom Park.
August 24, 2006
Page 2 of 2
provide baseball fields to the City under a joint use agreement. During the renovations,
the City will lose the use of up to four baseball fields. To help alleviate this loss, Staff
has asked David Evans and Associates for a proposal to design an additional ball field
to be located in the passive soccer/ball field area of Freedom Park.
Staff has also requested that David Evans and Associates redesign the sports lighting
to include Musco brand lighting system. Musco lighting will meet or exceed all required
sport lighting specifications with a substantial savings in material and maintenance cost
over the life of the system.
Staff recommends that a contract for additional design services for Freedom Park be
awarded to David Evans and Associates of Ontario, California.
Submitted By:
2L 104—
J y Nielhczak
ks Maintenance Supervisor
Approval:
4:v� �e Y r i
Direct Redevelopment/Housing
"�'7
Carlos L. OExecutive Director
1. l} ►i
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VERIFIED BY Od
Original on file with City Clerk's Office
Department Head:
f I
Ja is Steele
rks and Recreation Services Manager
44
Homer Cr(y
ACM for D e pment Services
Paul Gibson, Director of Finance
H:IFREEDOM PARKISTAFF REPORT DEA ADDITIONAL BALLFIELD.doo
June 12, 2006
Mr. Jay Niemczak
City of Palm Desert
73 -5 10 Fred Waring Road
Palm Desert, CA 92253
DAVID EVANS
ANoASSOCIATES INC.
RECENED
JUN 19 20
Development Services
City of Palm Desert
SUBJECT: CHANGE ORDER
DESIGN SERVICES TO PROVIDE SWPPP, ADDITIONAL LIGHTING AT ONE
ADDITIONAL SOFTBALL FIELD AND REVISE ALL SPORTS LIGHTING AT
FREEDOM PARK — CITY OF PALM DESERT
David Evans & Associates, Inc. (DEA) is pleased to submit this proposal for design services to revise the
construction drawings for Freedom Park. The fee below reflects our agreement.
Task 1 —Grading and Drainage- $6,600
The grading and drainage plans for the park will be revised to include the new softball field west of the
concessions building. In order to add an additional field with the same dimensions as the other fields the fenced
basin area and associated drain outlet in this area will have to be moved. The new location will be in between two
ballfields. Coordination time regarding meetings and file sharing as it relates to the new engineering changes
have been included in this task as well.
Task 2 -- Site Amenities - $4,200
The construction drawings will be revised to include a new bleachers, backstop, dugouts, benches, bat racks, field
fencing, bases, pitching warm up areas, statistic table, and a skinned infield. Appropriate details will be provide
and referenced for the field area. Coordination time regarding meetings and file sharing as it relates to the new
landscape arcthitectural changes have been included in this task as well.
Task 3 — Planting and irrigation - $2,833
The planting plan will be revised to indicate the new skinned infield area. The irrigation plan will be revised to
include appropriate irrigation around the skinned infield and within the turf area of the outfield. The system will
also be adjusted to accommodate the new fencing as well.
Task 4 — Electrical/Lighting - $15,000
DEA's sub -consultant MRC Engineering will provide electrical engineering services for lighting at one additional
softball field adjacent to the snack bar building. The new ball field and the existing fields will be designed/re-
designed with Musco Lighting Systems that will replace the original Soft light systems. All structural
calculations will be provided by Musco Lighting.
Task 5 - Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) - S6500
Prior to construction, DEA will complete the Notice of Intent application to be filed with the Regional
Water Quality Control Board. Fees will be paid for by the owner. As part of this application, DEA will
prepare the Storm Water Pollution Prevention Plan (SWPPP) for the proposed site. This plan would
outline Best Management Practices (BMPs) and other measures needed to reduce the potential for storm
water pollution during construction activities. DEA planners and engineers would review the grading
and construction plans and identify potential sources of storm water pollutants. Based on this analysis,
various BMPs; r.oald b: called out for Implementation during the construction p:.riod. The SWPPP will
be prepared in accordance with the California State Water Resources Control Board Order No. 99-08-
DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002.
800 North Haven Avenue Suite 300 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.481.5757
SWPPP, Additional Ballfield, Sports Lighting
Mr. Jay Neimczak
City of Palm Desert
Page 2
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Task 6 — Reimbursables $4,500
Government fees, mileage, delivery costs such as Federal Express charges and plotting / reproduction services are
considered reimbursable fees and will be billed at our direct cost.
Total Fees- $39,633.
DEA proposes to complete the above tasks for the fees noted. Invoices will be due and payable within 30 days
and will be sent monthly based upon the percentage of work completed. Any ser.,ice requested which does not
fall within the scope of services listed, or any duplication of work due to changes desired by the owner or
modified by the engineer, will be performed on an "Extra Services" basis and negotiated accordingly.
Sincerely,
DAVID EVAN ASSOCIATES, INC.
Chris Giannini, L.A. 4287
Schedule of Hourly Billing Rates
Rates Effective through June 30, 2006
Principal
$175.00
Project Manager
$135.00
Professional Engineer
$135.00
Professional Land Surveyor
$135.00
Professional Landscape Architect
$125.00
Professional Architect
$125.00
Professional Planner
$125.00
Civil Designer
$115.00
Survey Analyst
$120.00
Landscape Designer
$95.00
Land/Environmental Planner
$95.00
CADD Designer
$95.00
CADD Drafter
$80.00
Clerical
$65.00
Note: Authorized overtime will be charged at 1.5 times the above rate.
2-Person Survey Crew $215.00
3-Person Survey Crew $275.00
Note: Per union agreement, there is a 4, 6 and 8-hour minimum charge for field survey work.
Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges,
subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or
messenger services incurred on Client's behalf.
800 North Haven Avenue, Suite 300 Ontario California 91764 909.481 5750 fax 909.481.5757
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 24 day of August, 2006,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and David Evans and Associates. ("Consultant') (sometimes referred to
individually or collectively as "Party" or "Parties").
WITNESSETH
WHEREAS, Agency desires to retain Consultant as an independent contractor to
perform certain technical and professional consulting services in connection with the
Freedom Park project, subject to the terms and conditions specified below, in the
documents attached and incorporated herein, and applicable federal, state and local
law.
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 the attached Proposal For Design Services.
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 Agency.
1.4 Consultant Representative. For the purposes of this Agreement,
the registered architect, engineer, or landscape architect who will serve as the
Consultant Representative shall be Chris Giannini ("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 Agency 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 Agency, and shall prosecute to completion each
task listed in Section 3 in a timely and diligent manner 0 calendar days of receipt of a
Notice to Proceed.
2. Services by Agency:
2.1 Aaencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Jay Niemczak, or such other person designated by the
Agency's Executive Director ("Agency Representative").
2.2 Provision of Data. All information, data, reports and records and
maps as are existing and available from the Agency and necessary for the carryings out
of the work outlined in the attached Proposal for Design Services hereof shall be
furnished to Consultant without charge by Agency, and Agency shall cooperate in every
way reasonable in the carrying out of the work without delay.
3. Consultant's Scope of Work. Upon delivery by Agency 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 the attached
Proposal for Design Services appended to this Agreement.
3.1 Reportinq & Record Keer)inq. To assist Agency in the performance
of its planning, reporting, and financial administration obligations, Consultant shall,
throughout the term of this Agreement, keep Agency 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 Agency 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 described in the attached Proposal for Design Services.
Upon the completion of work, and if requested by the Agency, Consultant shall deliver
to Agency the originals of all renderings, models, or documentation produced, and may
retain copies of such documentation, at Consultant's election.
3.2 Compliance with Laws. Consultant 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 all applicable with any applicable City of Palm
Desert policies and guidelines.
3.3 Confidentiality. 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 Agency in the event Consultant receives a
subpoena or court order requiring disclosure of confidential information.
4. Compensation. Agency shall pay Consultant for the Services provided
under this Agreement on the following basis.
4.1 Not -to -Exceed Fee: Agency shall pay to Consultant a total amount
not to exceed $ 39,633.00 for the basic services described in the attached Proposal for
Design Services. Payment shall be made on a monthly basis, based upon the hourly
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rates defined in the attached Proposal for Design Services, multiplied by the number of
hours worked by each classification of personnel assigned to the project during the
previous calendar month. The not -to -exceed fee shall not be exceeded without written
agreement between the parties.
5.2 Additional Services: Additional services beyond those described in
the attached Proposal for Design Services shall be reimbursed on a time -spent basis at
the hourly rates described in the attached Proposal for Design Services. Agency shall
not be obligated to compensate Consultant for additional services performed without
advance authorization from the Agency Representative.
5.3 Extraordinary Expenses/Costs. No claims for additional services,
expenses or costs incurred by Consultant will be allowed unless such additional
services, expenses or costs are authorized by Agency in writing prior to the
performance or incurrence of such services, expenses or costs. Any additional
services, expenses or costs authorized by Agency shall be compensated at rates
mutually agreed upon by the Parties in writing.
6. Method of Payment.
6.1 Invoices. Consultant shall submit to Agency invoices each month
for all services, if any, completed, and all expenses or costs incurred pursuant to this
Agreement during the preceding month. The invoices shall describe the services
rendered during the period and shall show the number of hours worked, the hourly rates
charged, and any milestone achievements. Copies of receipts for expenses or costs
shall be submitted with each invoice. Agency shall review such invoices and notify
Consultant in writing within fifteen (15) calendar days of any disputed amounts.
6.2 Pavment. Agency shall pay all undisputed portions of the invoice
within thirty (30) calendar days after receipt of the invoice up to the maximum amounts
set forth in Section 5.
6.3 Audit of Records. At any time during regular working hours, all
records, invoices, time cards, cost control sheets and other records maintained by
Consultant shall be available for review and audit by the Agency.
7. Ownership of Work Product.
7.1 Property of Aaencv. All documents including but not limited to
plans, bids, proposals, correspondence, permits, certificates, contracts, change orders,
invoices, receipts, reports, analyses or other written material 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
Agency without restriction or limitation upon its use or dissemination by Agency.
Promptly upon the completion of each Assignment, or at any other time upon
reasonable notice to Consultant by Agency, Consultant shall deliver all Work Product to
Agency.
7.2 Re -Use of Work Product. Agency and Consultant agree that all
documents, other than invoices, prepared by Consultant pursuant to this Agreement
shall be used exclusively for the subject project, and shall not be used for any other
work without the mutual agreement of the Parties. Such material shall not be the subject
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other use of such Work Product, Agency shall require the party using them to indemnify
and hold harmless Agency and Consultant regarding such re -use or other use, and
Agency shall require the party using them to eliminate any and all references to
Consultant from such Work Product. In the event Agency 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 Agency unless Agency 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 Agency 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, Agency shall have the right to terminate this Agreement
without notice or 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.
8.3 No Financial Interest - Aaencv. No officer, member or employee of
Agency during his or her 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 Agency Board, or officer or employee of
Agency, 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
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.
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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
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the HIP.
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, Agency, and City's and Agency's elected officials, officers, employees, agents
and 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, actual attorney's fees, court costs, and expert witness fees incurred by City
or Agency, arising out of or in any way connected with, in whole or in part, 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 sole negligence or willful misconduct of City or
Agency, any of City's or Agency's elected officials, officers, employees or agents.
In addition to the foregoing, Consultant shall indemnify, protect, defend and
hold harmless the Agency 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 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 subConsultants (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. If Consultant's existing coverage does not meet the requirements set forth here,
it will be amended to do so. Consultant 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 Agency in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to Agency.
10.1 Workers' compensation and employer's liabilitv. Consultant
shall provide Workers Compensation and Employer's Liability Insurance on an
approved policy form providing benefits as required by law with employer's liability limits
no less that $1,000,000 per accident or disease.
10.2 Professional Liabilitv 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.
10.3 Automobile liabilitv. Consultant shall provide auto liability
coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no
vehicles, this requirement may be met through a non -owned auto endorsement to the
CGL policy.
10.4 Waiver. If the Consultant does not carry Worker's
compensation coverage, or if the Consultant 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 Agency's Risk Manager.
11. Status as Independent Contractor. Consultant is, and shall at all times
remain as to Agency, a wholly independent contractor. Consultant shall have no power
to incur any debt, obligation, or liability on behalf of Agency. Neither Agency 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.
12. Non -Assignability; Subcontracting. Consultant shall not assign or
subcontract all or any portion of this Agreement without the Agency'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, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental disability, medical condition, or sexual
orientation. This clause shall be included in any contract prepared or approved by
Consultant in connection with performance of its services under this Agreement.
14. Cooperation. In the event any claim or action is brought against Agency
or City relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation which Agency or
City might require.
15. Termination. The right is reserved by the Agency 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 Consultant's services, in the
sole judgment of Agency, are unsatisfactory or because of the Consultant'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 Consultant shall be paid the reasonable value
of the services rendered, based upon Consultant's standard hourly rates, up to the time
of the termination. The Consultant shall keep adequate records to substantiate costs
and provide copies of original time -cards in the event of termination or suspension.
C
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 Consultant's and Agency'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:
Agency: Carlos L. Ortega, Executive Director
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
With a copy to:
Consultant:
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
Tel:
Fax:
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 Agency of any payment to Consultant constitute or be construed as a
waiver by Agency 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 Agency shall in no way
impair or prejudice any right or remedy available to Agency 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 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. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Consultant and Agency. 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.
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
CONSULTANT
By:
Its:
CONSULTANT
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Chairman
ATTEST:
Rachelle D. Klassen, Secretary
APPROVED AS TO FORM
Dave Erwin, City Attorney