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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) 1 .w._•---------,Well �, s•Washington a, [. .,;.33J _S9f�Nr" 151]A 31Ci 9t Er, tupi f52v'.(, 1Future Site Ir(comer Of Las Vistas 711M & Santa Drive) ...�,.� , It _- -. 1, , A� �,.YX ,W11 t IIo A. — r — q -rr 4tt I 1 C- .. y .. i[ .,....n_.. se t It l�s,,.�l,- t Illlll.0 .tU ����_„ a i IDS / f u o �z m WO£ S. s ' ,a... '.06 1 �tm . ,�'.�. y�� i:�kwr �+ jMpe i' ,�� •t = l �uw R' Tom. ' • 1'� � � ds i r; llinb 3J'a10.2. Oa e ba 57•1l5 j�.e n ly.j[i IIIIII 1,.0. n r Ao t i ,.�� "tea- ■ ,r Gig M i 4 - 'F ,. h. 1208il1 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•