HomeMy WebLinkAboutSR - R26470 - Lndscpe Irrigation Coordination DsgnPALM DESERT REDEVELOPMENT AGENCY
REQUEST
SUBMITTED BY
CONTRACTOR:
DATE:
CONTENTS:
Recommendation:
STAFF REPORT
RATIFICATION OF AGREEMENT FOR PROFESSIONAL SERVICES
(CONTRACT NO. R26470 ) FOR LANDSCAPE IRRIGATION
COORDINATION DESIGN SERVICES AT ENTRADA DEL PASEO
MISSY WIGHTMAN, PROJECT COORDINATOR
RANDY PURNEL LANDSCAPE ARCHITECTS
70390 HIGHWAY 111, SUITE A
RANCHO MIRAGE, CA 92270
MAY 24, 2007
AGREEMENT FOR PROFESSIONAL SERVICES
By Minute Motion, that the Agency Board ratify an agreement in an amount not -to -
exceed $5,500 (including reimbursables) with Randy Purnel Landscape Architects
for landscape irrigation coordination design services at Entrada del Paseo. Funds
for this work are available in Account No. 850-4358-433-4001.
Executive Summary:
By approval of the staff recommendation, the Agency Board will ratify an agreement approved
and executed by the Agency's Executive Director. The consultant will provide professional
design services necessary to distribute a comprehensive plan to all contractors currently
working on -site. This plan will clearly lay out all of the irrigation connections and controllers
between all the new construction and landscaping to be installed.
Discussion:
The Redevelopment Agency has been diligently working to coordinate all the efforts between
several contractors on the Entrada del Paseo site. Currently, the Henderson Community
Building, Phase II Civil Improvements, and the La Spiga restaurant are all under construction
simultaneously. Along with this construction, the landscaping plans surrounding the new access
road to La Spiga and the Henderson Community Building are in final stages of plan check. As
soon as these are complete, the Entrada del Paseo Phase II Landscaping and the La Spiga
landscaping will go out for bid. With so much new construction, the landscape contractor
awarded the project will be responsible for coordinating all of the new meters, controllers, and
line runs, so that the correct areas of improvement will be connected separately. This new plan
will represent a clear view of the irrigation connections that need to be made to allow the
separate invoicing of water use by City properties, private properties, and the common area
maintenance fees distributed amongst all of the properties at Entrada del Paseo. This plan will
serve as a master layout that will inform all the contractors where to stop and start service within
their own scope of work.
Staff Report
Ratification of Agreement for Professional Services (Contract No. R26470 ) for
Landscape Irrigation Coordination Design Services at Entrada del Paseo
Page 2
May 24, 2007
Staff knows that Randy Purnel Landscape Architects has a strong knowledge of the site, and is
fully capable of providing these professional design services. They were chosen based on their
accuracy, speed, professionalism, and familiarity of the site. Staff has negotiated an agreement
for necessary services, which has been executed by the Executive Director. The agreement is
hereby presented to the Agency Board for ratification.
Submitted by:
PssyWig&n,Project Coordinator
Department Head:
Dave Yrigoyen
Director of Redevelopment/Housing
Approval:
Ji 1n cCarthV.-ACM.Ieedevelobment
L. Orteg
irector
Martin Alvarez, Redevelopment`Manager
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Paul S. Gibson, Director of Finance
6WrO Vfj- BY RDA
ON 5` a Lf- 1) `l
VERIFIED BY g Im I r
Original on file with City Clerk's Office
GArda\Melissa Wightman\La Spiga\Landscaping\Ratification Staff Report -Irrigation Coordination Services.doc
CONTRACT NO. R26470
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 16 day of April, 2007,
("Effective Date") by and between the PALM DESERT REDEVELOPMENT AGENCY
("Agency") and Randv Purnel Landscape Architects. a Landscape Architecture
("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
Entrada del Paseo 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 Exhibit A, Landscape Architecture Proposal and Rate Schedule.
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 Randv Pumel ("Consultant Representative"), LSA.
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
CONTRACT NO. R26470
task listed in Section 3 in a timely and diligent manner thirtv (30) calendar days of
receipt of a Notice to Proceed.
2. Services by Agency:
2.1 Agencv Representative. For the purposes of this Agreement, the
Agency Representative shall be Missv Wiahtman, 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 Exhibit "A" hereof shall be furnished to Consultant without charge
by Agency, and Agency shall cooperate in every way reasonable in the carving out of
the work without delay.
2.3 Proiect Budget. The Agency shall provide a budget for the project
that shall include contingencies for bidding, changes during construction, and other
costs, which are the responsibility of the Agency.
2.4 Tests and Inspection. The Agency shall furnish structural,
mechanical, chemical, and other laboratory tests, inspections, and reports as required
by law or the contract documents, provided however that the Consultant shall advise the
Agency in advance of the necessity of such tests and inspections, and shall coordinate
and cooperate with the testing and inspection agencies, if any, at no additional cost to
the Agency.
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 Exhibit A
appended to this Agreement.
3.1 Revortinq & Record Keepinq. 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 Exhibit A. 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.
CONTRACT NO. R26470
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 Fixed Fee: Agency shall pay to Consultant a total amount not to
exceed $5,000.00 for the basic services described in Exhibit A. Payment shall be made
on a monthly basis, based upon services rendered on the project during the previous
calendar month. The fixed fee shall not be exceeded without written agreement
between the parties.
4.2 Additional Services: Additional services beyond those described in
Exhibit A shall be reimbursed on a time -spent basis at the hourly rates described in
Exhibit A. Agency shall not be obligated to compensate Consultant for additional
services performed without advance authorization from the Agency Representative.
4.3 Reimbursable Expenses: Agency shall pay to Consultant actual
costs plus ten percent (10%), subject to the limitation given below, for expenses
incurred on behalf of the project for long distance telephone calls, reproduction, express
delivery and courier services, postage, out-of-town travel if pre -approved in writing by
the Agency Representative, and other expenses directly attributable to the project and
expressly approved by the Agency Representative. Reimbursable expenses, including
Consultant's mark-up, shall not exceed $500.00 for this project.
4.4 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.
5. Method of Payment.
5.1 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 show 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.
5.2 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 4.
CONTRACT NO. R26470
5.3 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.
6. Ownership of Work Product.
6.1 Property of Aqencv. 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.
6.2 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
of a copyright application by Consultant. In the event Consultant permits the re -use or
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.
7. Conflict of Interest/Prohibited Conduct and Interests
7.1 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.
7.2 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
CONTRACT NO. R26470
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.
7.3 No Financial Interest - Aaencv. No officer, member or employee of
Agency during his or her tenure or one (1) 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.
7.4 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
Consultant's behalf, accept anything of value from any contractor or subcontractor
performing services in connection with the project.
8. 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.
CONTRACT NO. R26470
9. 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.
9.1 Workers' Compensation and Employer's Liabilitv. Consultant shall
provide Workers Compensation and Employer's Liability Insurance on an approved
polic form providing benefits as required by law with employer's liability limits no less
that 1,000,000 per accident or disease.
9.2 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.
9.3 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.
9.4 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.
10. 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.
11. 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 subcontracting by Consultant shall
be null, void and of no effect.
12. 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,
CONTRACT NO. R26470
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.
13. 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.
14. 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 timecards in the event of termination or suspension.
15. 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: Missy Wightman, Project Coordinator
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
Tel: (760) 346-0611
Fax: (760) 341-6372
CONTRACT NO. R26470
Consultant: Randy Purnel, Principal
Randy Pumel Landscape Architects
70390 Highway 111, Suite A
Rancho Mirage, CA 92270
Tel: (760) 324-2682
Fax: (760) 202-7012
16. Non -Waiver of Terms, Rights and Remedies. Waiver by either Party of
anyone 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
IN WITNESS WHEREOF, said parties have executed this Agreement effective
as of the Effective Date above.
RANDY PURNEL LANDSCAPE ARCHITECTS
Its.
By:
Its:
PALM DESERT REDEVELOPMENT AGENCY
Carlos L. Ortega, EX e Director
ATTEST:
Rachelle D. KlasseTi;ecre a
APPROVED AS TO FORM
Dave Erwin, it ttorney
CONTRACT NO. R26470
22. 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.
23. 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.
24. In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement
(b) Exhibit A — Landscape Architecture Proposal and
Rate Schedule
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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the person(p .whose name( is/ate-subscribed to the within instrument and
acknowledged to me that he/shekhey executed the same in his/herA it authorized
capacity(mies), and that by his/he4t4eir signatures on the instrument the person(s), or
the entity upon behalf of which the person(g) acted, executed the instrument.
WITNESS my hand and official seal.
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CONTRACT NO. R26470
EXHIBIT A
LANDSCAPE ARCHITECTURE PROPOSAL
AND RATE SCHEDULE
(760) 324-2682 FAX (760) 202-7012 www.rpla.net 70390 Hwy 1 11, Suite A, Rancho Mirage, CA 92270
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~ April 12, 2007
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t City of Palm Desert
= Missy Wightman
W 73-510 Fred Waring Drive
Q Palm Desert, Ca 92260
a Phone:76O.346.0611
Q Fax:760.341-6372
cn E-Mail: mwightman@ci.palm-desert.ca.us
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w Dear Ms. Wightman,
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°C Attached you will find our proposal for Landscape Architectural services explaining all stages of design and
� Y P P P P 9 9 9
a documentation.
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Our goal is to work with the City of Palm Desert to develop the desired Master Irrigation Plan for the project Entrada
Q del Paseo.
cc
Upon reviewing my services completely, please contact me if you feel a need to discuss my proposal any further. 11
there is anything in question please do not hesitate to call for additional explanation. If all is satisfactory please sign
and return all copies for my signature. I will sign and forward one copy to you establishing our agreement.
Sincerely,
Randy W. Purnel
Principal
April 1 2. 2007
Fntrada c1•_I Paseo
Page 2 of 5
I. Proied Description:
Entrada del Paseo
El Paseo & Painters Path
Palm Desert, Ca 92260
(Limit of Work to map attached)
Description of Services:
a) Master Irrigation Plan:
at) Prepare a diagrammatic master irrigation plan indicating the coordination of existing and new
irrigation controls and points of connections to alternate points of connnetions and new Cal
Sense controllers.
a2) Specifiy irrigation details and specifications for proper installation.
a3) Plan shall include the following areas: Eric Johnson Garden Not, Eric Johnson Garden Not,
Henderson Building, La Spiga, Palm Valley Storm Channel and Common Areas.
a4) City Meetings required in accordance with the completion of this project.
III. Exclusions:
a) All engineering and engineering plans including but not limited to civil, grading, geotechnical, drainage,
electrical, hydraulic and structural.
b) Visitor Center area of landscaping
c) Onsite Supervisions of installation
c) City, County, and State fees and permits.
April 12. 2)D07
Entrada del Paso
Page 3 of' S
IV. Fees:
Landscape Architectural fees for Entiada de/Paseo shall be:
a) Master Irrigation Plan $ 5,000.00
b) Construction Observation Hours billed per hourly rates
as noted in item V. additional fees.
TOTAL: $ 5,000.00
V. Additional Fees:
The following items will be considered extra services and will be billed to the owner on a per hourly basis with
Owner's or Owner's Representative approval;
a) Revisions and or changes to the plans that are not part of Section //. Description of Services.
b) Revisions as a result of the error of other consultants.
c) Changes in the City policies during the term of this agreement.
d) Changes in the original description of design work.
e) Modifications to the drawings after the approval by Owners.
f) Bid coordination and site visit services.
Our hourly fees will be as follows :
Principal Landscape Architect:
$150/hr
Landscape Architect:
$125/hr
Landscape Designer:
$ 85/hr
Draftsmen time:
$ 75/hr
Secretarial time:
$ 85/hr
April 12, 2007
Entrada del Pa;eo
Page 4 of 5
VI. Reimbursable Expenses: Id D \16
The following are in addition to the fees described above and will be billed at cost plus) o for bookkeeping and
handling. Reimbursable expenses include, but are not limited to :
a) Reproduction of drawings and specifications for any purpose, including blue lines, black lines, and
reproducibles and preparation of CAD files for submission to the owner, contractor or government agency.
b) Postage costs for distribution of drawings and specifications: (Express Mail, UPS, Federal Express, etc.)
c) Consultants retained with approval of the Owner, e.g., structural engineer
VI. Payment:
ALL FEES ARE DUE UPON RECEIPT OF INVOICE
a) Invoices that remain unpaid after 30 days will be considered delinquent.
b) If we have not received payment within 45 days from the date on the invoice we will stop all work until the
invoice is paid.
c) It is understood that the Owner agrees to pay the fee as stipulated, and is not solely relying upon
obtainment of financing to make payment.
If the Landscape Architect is to be paid when the Owner receives funding from a third party, the fee may be
adjusted to compensate for excessive delays.
d) Landscape Architect has the option not to proceed with this project if agreement has not been signed
within 15 days of date on agreement, or if project is delayed for more than 30 days after agreement has
been signed.
April 1 _'. 2007
Enuada d,_I Pa;eo
Paue 5 of 5
The Terms and Conditions below are included within this contract.
TERMS AND CONDITIONS
1. Arbitration: Any controversy or claim arising out of or relating to this contract or the breach thereof
shall be settled by arbitration administration by the American Arbitration Association in accordance with its
applicable rules, and judgment upon the award rendered by the arbitrator(s) may be entered in the court
having jurisdiction thereof. Arbitrator shall be a California licensed landscape architect.
2.. Attorney's Fees and Limitation of Liability: In the event either parry is required to bring an action
to enforce or interpret any provision herein, the prevailing party shall be entitled to reasonable attorneys
fees, as determined by an arbitrator or, if applicable, a court of appropriate jurisdiction, as well as costs,
expenses and damages to which said party may be entitled. In no case shall landscape Architect be liable
for more than the total amount of his fees.
The Owner agrees to indemnify the Landscape Architect from any and all legal actions relating to the
services provided in this agreement brought by persons of entities not a party to this agreement.
3. Incorporation of Plans and Specifications: The terms and conditions of the specifications set
forth in the specification manual and/or plans are hereby incorporated by reference in this Agreement.
Owner and Landscape Architect agree to be bound by said terms and conditions. Wherever there is a
conflict between this Agreement and the plans and specifications, the terms and specifications on the plans
shall prevail.
4. Owner's responsibilities: shall include, but are not be limited to: Owner shall be responsible for
delivery of an accurate site plan, on electronic media, to the landscape architect; Owner is responsible for
accuracy of property lines; and Owner is responsible for proper maintenance of the project after completion
of construction.
5. Termination of Agreement: This agreement will automatically be terminated upon receipt by the
Landscape Architect of the final payment from the Owner. Either party may terminate this agreement upon
seven (7) days written notice. If the Owner should elect to terminate this agreement, then all fees and
expenses accrued but unbilled to that date, plus all outstanding invoices, are immediately due and payable.
6. NOTICE TO PROPERTY OWNER: IF BILLS ARE NOT PAID IN FULL FOR THE LABOR,
SERVICES, EQUIPMENT, OF MATERIALS FURNISHED, A MECHANIC'S LIEN LEADING TO THE
LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY
BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID
YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS
CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY
THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR
CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE WHICH IS APPROPRIATE UNDER THE
CIRCUMSTANCES.
Landscape Architects are regulated by the Landscape Architects Technical committee at 400 R Street,
Suite 4000, Sacramento, California 95814, (916) 445-4954.
Thank You,
Randy Purnel Date Approved By Date
Landscape Architect
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