CVWD - Well Site Landscaping 08AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COACHELLA VALLEY
WATER DISTRICT FOR MAINTENANCE OF
WELL SITE PERIMETER LANDSCAPING AND IRRIGATION
THIS AGREEMENT FOR MAINTENANCE OF WELL SITE PERIMETER
LANDSCAPING AND IRRIGATION (Agreement) is entered into as of this 2 grA day of
%t16MCII oo (Effective Date) by and between the City of La Quinta, a
municipal corporation (La Quinta), and Coachella Valley Water District, a public agency of
the State of California (CVWD).
RECITALS
A. CVWD is the owner of six (6) well sites (Well Sites) located within the City of
La Quinta, California and more particularly depicted on the Site Map attached hereto as
Exhibit "A" and by this reference incorporated herein. The Well Sites are at such locations
described on Exhibit "B" attached hereto and by this reference incorporated herein.
B. Each Well Site contains certain landscape improvements (Improvements)
which will require regular repair and maintenance.
C. Well maintained landscapes raise the value of the land in La Quinta due to
their esthetic values. La Quinta desires to promote these esthetic values by repairing and
maintaining the Improvements at the Well Sites.
D. CVWD desires to finance the cost of repairing and maintaining the
Improvements at the Well Sites.
NOW THEREFORE, the parties mutually agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated as part
of this Agreement.
2. (a) La Quinta will provide all necessary materials, tools, equipment, and
labor to operate and maintain the landscaping at the Well Sites in good condition.
Maintenance of the landscaping at the Well Sites shall be in accordance with the
reasonable requirements of CVWD, as such may be amended from time to time.
(b) CVWD will provide all necessary utilities (including, but not limited to,
water and electricity).
(c) Except as hereinafter provided, CVWD shall reimburse La Quinta for
all costs and expenses incurred by La Quinta for the maintenance of the landscaping
pursuant to and in accordance with the duties and at the fees and costs set forth on
Exhibit "C" attached hereto and by this reference incorporated herein. A ten percent (10%)
administrative charge shall be added to the reimbursement cost.
3. La Quinta will notify CVWD within twenty-four (24) hours of any landscape
maintenance, repair or replacement costs not covered on Exhibit "C" for the Well Sites. If
requested by CVWD, La Quinta will provide CVWD with a cost estimate to make the
repairs or replacements. If CVWD wishes to have La Quinta make the repairs or
replacements, CVWD will provide La Quinta written authorization to proceed with the
repairs or replacements and CVWD agrees to reimburse La Quinta for the additional
work, including the ten percent (10%) administrative charge as described in subparagraph
(c) above, provided that the actual cost shall not exceed the cost estimate by more than
ten percent (10%) without the prior written consent of CVWD.
4. La Quinta will submit reimbursement bills, which shall include all proper
documentation required by CVWD, to CVWD quarterly or in such other periodic sequence
as may be agreed to in advance by the Finance Directors of La Quinta and CVWD. Bills
must be submitted within thirty (30) days following the close of the corresponding billing
period and shall be paid by CVWD within fourteen (14) calendar days of receipt thereof
unless there is a dispute regarding the billing. In the event of a dispute regarding the
billing, CVWD shall pay the undisputed amount within fourteen (14) calendar days of
receipt thereof. The parties shall meet and confer in good faith to resolve the disputed
amount. CVWD shall pay the agreed amount within fourteen (14) calendar days after the
resolution of the dispute. La Quinta shall maintain, on the generally accepted accounting
basis, complete and accurate records that support all billings. These records shall be
made available to CVWD at reasonable times for review and shall be retained for a period
of three (3) years after payment of said billings.
5. Any and all notices, reimbursement bills, and payments sent or required to
be sent to the parties to this Agreement will be mailed to the following addresses:
CVWD
Coachella Valley Water District
Attn: Javier Miranda
P.O. Box 1058
Coachella, CA 92236
La Quinta:
City of La Quinta
Attn: Timothy Jonasson
78-495 Calle Tampico
La Quinta, CA 92253
Any such notice, reimbursement or payment is effective three (3) days following the date
of mailing.
6. Nothing in this Agreement is intended to create duties or obligations to or
rights in third parties.
7. (a) La Quinta shall indemnify, defend and hold CVWD and its officers,
directors and Representatives (as defined in subparagraph 7(c) below) (the, "CVWD
Indemnitees") harmless from any liabilities, claims, costs, expenses, demands, debts,
suits, actions and causes of action, or obligations of whatever kind or nature including
attorneys' fees and charges and costs of all other professionals and all other court costs
(collectively, "Costs") which may be made against the CVWD Indemnitees arising out of or
in connection with: (a) the performance of or failure to perform the work covered by this
Agreement to be performed by La Quinta, which is caused or occasioned by any act,
action, neglect on the part of La Quinta or its Representatives; and (b) any property
damage, personal injury or wrongful death, accident or casualty caused or claimed to be
caused by La Quinta or its Representatives or its or their property.
(b) CVWD shall indemnify, defend and hold La Quinta and its officers,
council members and Representatives (the, "La Quinta Indemnitees") harmless from any
Costs which may be made against the La Quinta Indemnitees arising out of or in
connection with: (a) the performance of or failure to perform, the work covered by this
Agreement to be performed by CVWD which is caused or occasioned by any act, action,
neglect on the part of CVWD or its Representatives; and (b), any property damage,
personal injury or wrongful death, accident or casualty caused or claimed to be caused by
CVWD or its Representatives or its or their property.
(c) The term "Representatives" shall mean employees, representatives,
agents, contractors, subcontractors or any other persons directly or indirectly employed by
any one of the foregoing or reasonably under the control of any of the foregoing or for
whose acts any of the foregoing may be liable.
8. The term of this Agreement shall be five (5) years, commencing on the
Effective Date. This Agreement will automatically renew every five (5) years, upon the
same terms and conditions, unless one party notifies the other party in writing thirty (30)
days prior to the termination date that the Agreement shall not be extended.
Notwithstanding the foregoing, this Agreement may be terminated upon the written
agreement of all parties or upon thirty (30) days written notice by either party to the other
party.
9. This Agreement may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as
of the date first written above.
LA QUINTA:
By:
/ `���
Thomas P. Genovese, City Manager
City of La Quinta
CVWD:
By: J
Steve Robbins, General Manager -
Chief Engineer
Coachella Valley Water District
ATTEST:
APPROVED AS TO FORM:
M. Katherind Jenson,
City of La Quinta
JM ms/trades/mercy/groundskeeping/well site agreement
ATTEST:
APPROVED AS TO FORM:
Gerald D. Shoaf, Attorney
Redwine and Sherrill
Coachella Valley Water District
EXHIBIT LIST
EXHIBIT "A" SITE MAP
EXHIBIT "B" LOCATION OF WELL
SITES
EXHIBIT "C" DUTIES, FEES AND
COSTS
µ_
EXHIBIT "B"
TO
AGREEMENT
LOCATION OF WELL SITES
The locations of the Well Sites are as follows:
1) South West corner of Saguaro and Date Palm Drive (Well 5707-1)
2) 46-995 Adams Street -NW corner of Adams and Avenue 47 (Well 5704-1)
3) South East corner of Las Vistas and Sanita Drive (Future Site)
4) 52-520 Velasco, South of Ensenada (Booster Station 06650);
5) North Side of Bermudas between Velasco and Herrera (Booster Station 06601);
6) South East Corner of Hidalgo and Velasco (Abandoned Well 6649)
(Please See Attached Photos)
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CONTRACT:
NO.2005-08
CONTRACTOR:
EXHIBIT "C°
TO
AGREEMENT
DUTIES, FEES AND COSTS
L.M.C. 2007/2008
Kirkpatrick Landscaping Services, Inc.
43-752 N. Jackson St. P.O. Box 1807
Indio, CA 92202
CONTRACT CHANGE ORDER NO. 6
PROJECT
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes
or do the following described work not included in the plans and specifications for this Contract. Unless otherwise
stated all work shall conform to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE: Addition of Landscape Maintenance as follows:
Location:
Turf @
$0.116/SF
Planter @
$0.157/SF
Irrigation
@
$0.0264 SF
Monthly
Annual
Saguaro & Date Palm (S/W comer)
$380.00
$4,560.00
46-995 Adams Street (N/W
Adams/Ave 47)
$380.00
$4,560.00
Las Vistas & Sanita Dr. (S/E corner)
$175.00
$2,100.00
52-520 Velasco (South of Ensenada)
$ 75.00
$ 900.00
Ave Bermudas (N/S, at Velasco &
Herrera)
$125.00
$1,500.00
Hildal o & Velasco
$265.00
$3,180.00
TOTAL
$16,800.00
All other requirements of the Landscape Maintenance Contract (LMC) 2006-2007 shall apply.
Previous Contract Amount Through Change Order No. 5 $
Add This Change Order $ 16,800.00
Revised Contract Total $
Submitted
Approved
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is
approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all
services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes
all direct and indirect overhead expenses for any delays
Accepted
Contractor• Date•