RFP - Roundabout Art - Village Complete Streets Project
Request for
Proposals
Roundabout Art
The City of La Quinta seeks a Pre-Qualified artist to create a new
art piece for two roundabouts. One at Calle Sinaloa & Avenida
Bermudas and the other at Calle Tampico & Avenuda Bermudas.
Budget
$47,500 each; total project cost not to exceed $95,000.
Schedule
June 9 - RFP released to Pre-Qualified Artists
June 26 at 3pm - Last day to ask questions regarding projects
June 29 at 5pm - Due Date
June 30 to July 6 - Staff review
July 13 - Comission Consideration
Submission Instructions
1 page project proposal
Rendering or sketches to illustrate proposal
Conceptual itemized budget
Email submission to jtorres@laquintaca.gov
Question
All questions must be submitted via email to
jtorres@laquintaca.gov by the due date.
Criteria
Site-specificity
Feasibility
Quality of proposal
Relevant prior work
Unique to La Quinta
You agree to all terms on the art purchase agreement attached.
Complete the non-collusion affidivit attached.
Roundabout 1Roundabout 2
52 Calle Sinaloa/Avenida Bermudas
Calle Tampico/Avenida Bermudas
ART PURCHASE AGREEMENT
THIS ART PURCHASE AGREEMENT (the “Agreement”) is entered into and
effective this _____ day of _____________ , by and among THE CITY
OF LA QUINTA, a California municipal corporation (“City”), and [name]
(“Artist”).
R E C I T A L S
A. A goal of the Cultural Resources Element of the 2035 La Quinta
General Plan (“General Plan”) is to provide enrichment of the community by
adequate cultural and recreational facilities and activities. To implement this
goal, the General Plan further states that the cultural resources of a city
encompass those facilities and programs which refresh, enhance or recreate
people’s bodies and spirits. Community parks, recreational activities,
historic resources, library facilities and art festivals are included in this
classification. The art in public places program is intended to achieve this
purpose by providing visual art throughout the City.
B.The City Council has previously determined that visually pleasing and
high quality public art enhance the public safety and welfare of La Quinta
residents and visitors. For the benefit of its citizens and visitors, the City
Council is commissioning the creation and installation of certain artwork (the
“Artwork”) by Artist to be located in [insert location] (the “Site Location”):
NOW, THEREFORE, in consideration of the performance by the parties of the
mutual promises, covenants, and conditions contained hereinafter, the
parties hereto agree as follows:
ARTICLE I. SCOPE OF SERVICES AND PAYMENT
1.1 Scope of Design and Fabrication Services. Subject to the terms and
conditions set forth in this Agreement, Artist shall (i) prepare, or cause to be
prepared, conceptual design plans for the Artwork, including setting forth
details and samples of the materials to be used and composition of the
proposed Artwork; (ii) based on the conceptual design plans approved by
City, develop working drawings which shall be incorporated into the
Schedule of Performance attached hereto as Exhibit B; and (iii) fabricate
and install the Artwork as more particularly described in the Scope of Design
Build Services and the Schedule of Performance attached hereto as Exhibit
A and Exhibit B, respectively, and incorporated herein by this reference
(the “Design and Fabrication Services”). Artist shall perform his/her
obligations in strict conformance with the terms and conditions set forth in
this Agreement and shall take all other actions necessary and incidental to
the performance of said obligations.
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1.2 Periodic Review. City shall have the right to review the Artwork at
reasonable times during the fabrication thereof. Artist shall submit to City
regular progress narratives, including photographs, as required by the
Schedule of Performance set forth in Exhibit B. The narratives shall clearly
state the percentage of the Artwork completed to date and provide an
estimated completion date.
1.3 Materials and Labor. Artist shall furnish all tools, equipment,
apparatus, labor, services, materials and transportation necessary to
perform the Design and Fabrication Services more fully described in Exhibit
A and to install the Artwork, together with any appurtenances thereto, in a
good and workmanlike manner in the Site Location as more fully described
in said Exhibit A or reasonably inferable therein. If Artist fails to furnish the
labor, materials, equipment, and or services necessary to perform all work
and labor as herein provided in the manner herein set forth in good and
workmanlike manner, Artist shall, in addition to any other penalties provided
in this Agreement, be liable to City for all losses or damages that City may
suffer as a result of such failure, including any additional costs incurred by
City in obtaining such material or labor from other sources. It is understood
and agreed that all said labor, services, materials, equipment, and facilities
shall be furnished and said work performed and completed by Artist as an
independent contractor, subject to the inspection and approval of City.
1.4 Change Orders. Artist shall strictly adhere to the Scope of Design
Build Services set forth in Exhibit A, unless a change there from is
authorized in writing by City. Artist shall present to City in writing for its
review and advance approval any and all significant changes to the Artwork
not permitted by or in substantial conformity with the approved working
drawings and the Scope of Design Build Services set forth in Exhibit A. If
City grants such approval, the terms of said change shall be memorialized in
a written change order signed by the parties hereto prior to commencement
of said revised work. For the purposes of this section, a “significant change”
is any change in the scope, design, color, size, material, texture, or site
location which affects installation, scheduling, site preparation, or
maintenance for the Artwork or the schematic concept of the Artwork as
represented in the schematic drawings, the approved working drawings, and
the Scope of Design Build Services set forth in Exhibit A.
1.5 Working Environment. Artist shall, at all times, maintain a safe work
area and provide safe access to both the Artwork and the sites wherein the
Artwork is located prior to installation at the Site Location for inspection of
the Artwork by City and its representatives.
1.6 Testing and Inspections. Where specifications require the Artwork to
be specially tested or approved, Artist shall not perform such testing, or
cause such testing to be performed, until (1) Artist has first provided timely
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notice to City that the Artwork is ready for inspection and/or testing, and (2)
City has inspected and approved of the Artwork or consented to said testing
in writing. Artist shall, at its sole cost and expense, perform all work
required to comply with scheduled inspections and testing, and any requests
for corrections City or other inspection authorities make as a result of such
inspections or testing.
1.7 Post-Creation Obligations.
a. Artist shall notify the City in writing when the fabrication of the
Artwork is complete and ready for delivery and installation at the Site
Location.
b. Upon completion of the Artwork, and at all times during creation
and installation of the Artwork, the Artist shall comply with all
applicable statutes, ordinances, and regulations of any governmental
agency having jurisdiction over Artist or the Artwork.
c. Artist shall ensure that the Artwork is installed in a safe manner,
and is designed to withstand the forces of nature it is expected to be
exposed to during its lifetime, including, but not limited to, wind, rain,
and sun, as reasonable for artwork of a similar nature. Artist is not
responsible for repair or replacing the Artwork due to vandalism,
earthquake, or other casualty.
1.8 Post-Installation Obligations.
a. Artist shall be available at such reasonable time or times as may
be agreed between City and Artist to attend any and all inauguration,
ground breaking, or presentation ceremonies upon completion of the
Artwork.
b. City shall have the right to arrange for publicity for the
completed Artwork by local media and publications and as otherwise
as may be determined by City, in its sole and absolute discretion,
following installation.
c. Upon installation of the Artwork, Artist shall provide City with
written instructions for appropriate maintenance and preservation of
the Artwork.
1.9 Final Acceptance. Artist shall advise City in writing when Artist
believes that the Artwork and the installation of the Artwork at the Site
Location are complete. Following receipt of such notice, City shall cause the
installed Artwork to be inspected. Within five (5) working days following
completion of such inspection(s), City shall either (i) provide Artist with
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reasonably specific written objections, and a list of necessary corrections to
the installed Artwork that Artist must complete, or (ii) notify Artist of its
acceptance of the Artwork by issuing a Notice of Completion in the form
attached hereto as Exhibit D. Said Notice of Completion shall be evidence
of the satisfactory completion and installation of the Artwork in conformity
with this Agreement, subject to the indemnification, representations, and
further performance obligations set forth in this Agreement.
1.10 Risk of Loss. Artist shall bear the risk of loss or damage to the
Artwork during fabrication and installation until City issues the Notice of
Completion indicating its acceptance of the Artwork as provided in Section
1.9. Upon Artist’s receipt of the Notice of Completion, the risk of loss or
damage to the Artwork shall be borne by City. Prior to City’s issuance of the
Notice of Completion, Artist shall take such measures as are necessary to
protect the Artwork from loss or damage, through insurance or other
adequate security, and to maintain the Artwork until final acceptance by
City.
1.11 Compensation to Artist. City agrees to pay Artist for the Artwork the
compensation set forth in Exhibit C. The total compensation to be paid to
Artist shall not exceed $90,000 (Ninety Thousand Dollars). The parties
agree that said compensation represents full payment to Artist for the
design, fabrication and installation of the Artwork, including compensation
for all professional services and reimbursement for expenses, and City shall
have no additional financial obligations under this Agreement.
ARTICLE II. TIME OF PERFORMANCE
2.1 Time. Artist shall perform his/her obligations under this Agreement in
a punctual and diligent manner and in accordance with the Schedule of
Performance attached hereto as Exhibit B. In the event Artist fails to
perform fully any and all of the covenants and obligations under this
Agreement, then City may, at its option, after first giving fifteen (15) days
written notice to cure to Artist, provide any such labor and materials as may
be necessary for the completion of the Artwork. In the event Artist fails to
cure within the fifteen (15) day period, City may deduct the cost of said
labor and materials and all costs incurred in finishing the work, if applicable,
from any money then due or thereafter to become due to Artist under this
Agreement until the work undertaken by City is completely finished. Upon
completion of the work, if the unpaid balance of the amount to be paid to
Artist under this Agreement exceeds the expenses incurred by City in
securing labor and materials from other sources and/or in finishing Artist’s
work, such excess shall be paid to Artist. Conversely, if the expenses
incurred by City as described above exceed the unpaid balance due to Artist,
then Artist shall promptly pay to City the amount by which such expenses
exceed the remaining unpaid balance. The expenses incurred by City, as
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herein provided, shall be chargeable to and paid by Artist.
ARTICLE III. WARRANTIES
3.1 Artist represents and warrants that: (a) the Artwork is solely the
result of the artistic effort of the Artist and Artist is the creator and owner of
the Artwork design; (b) the Artwork is unique and original and does not
infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not
been accepted for sale elsewhere; (d) to the best of his/her knowledge, the
Artwork is not presently subject to claims of ownership, lien or encumbrance
or to common law or statutory copyright claims of any other person,
institution, or domestic or foreign government; and (e) that the Artwork is
free and clear of any and all encumbrances and/or monetary liens. Artist
covenants to defend (with counsel selected by City), indemnify and hold
City, and City’s elected and appointed officials, officers, employees,
servants, attorneys, volunteers, and agents harmless from any loss, claim,
or liability in any way related to a claim that that the Artwork violates
federal, state or local laws, or any contractual provisions, relating to
copyrights, trade names, licenses, franchises, patents, or other means of
protecting interests in products or inventions. Artist shall bear all costs
arising from the use of patented, copyrighted, trade secret or trademarked
materials, equipment, devices, or processes used on or incorporated in the
Artwork produced under this Agreement. In case such materials,
equipment, devices, or processes are held to constitute an infringement and
their use is enjoined, Artist shall, at his/her expense, either (a) secure for
City the right to continue exhibiting the Artwork by suspension of any
injunction or by procuring a license or licenses for City; or (b) modify the
Artwork so that it becomes non-infringing. The covenant and warranties set
forth in this Section 3.1 shall survive the termination of this Agreement.
3.2 Quality and Condition. Artist represents and warrants, except as
otherwise disclosed to City in writing, that: (a) the fabrication of the
Artwork will be performed in a workmanlike manner; (b) the Artwork, as
fabricated and following installation, will be free of patent and latent defects
in material and workmanship, including any defects or qualities which cause
or accelerate deterioration of the Artwork; and (c) reasonable maintenance
of the Artwork will not require procedures substantially in excess of those
described in the maintenance recommendations to be submitted by Artist to
City. The warranties described in this Section 3.2 shall survive for a period
of one (1) year after acceptance of the Artwork as evidenced by a Notice of
Completion issued in accordance with Section 1.9, except the representation
and warranty concerning latent defects shall survive for a period of three (3)
years from the acceptance of the Artwork. City shall give written notice to
Artist of any observed and claimed breach with reasonable promptness.
Artist shall, at the request of City, and at no cost to City, cure reasonably
and promptly the breach of any such warranty which is curable by Artist and
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which cure is consistent with professional conservation standards (including,
for example, cure by means of repair or refabrication of the Artwork).
ARTICLE IV. LOCATION AND DISPLAY OF ARTWORK
4.1 Location/Display. Notwithstanding any other provision of this
Agreement, Artist hereby acknowledges and agrees that City shall have sole
and absolute discretion on the determination of the location and placement
of the Artwork at the Site Location. Artist further acknowledges and agrees
that City may determine to remove the Artwork in its sole and absolute
discretion.
ARTICLE V. PERFORMANCE BONDS
5.1 Bonds. Artist shall not be required by City to post any performance
bonds or similar undertakings. Nevertheless, Artist shall prevent any lien
from attaching to the Artwork or the Site Location by any person or entity
claiming under Artist.
ARTICLE VI. PARTY REPRESENTATIVES
6.1 City Representative. For the purposes of this Agreement, City’s
representative shall be the Director of Community Services, or such other
person as that Director designates in writing (hereinafter the “City
Representative”). It shall be Artist’s responsibility to assure that the City
Representative is kept informed of the progress of the performance of the
services and obligations more particularly described in Exhibit A, and Artist
shall refer any decisions which must be made by City to the City
Representative. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the City Representative.
6.2 Artist Representative. For the purposes of this Agreement, [Name]
(“Artist”) is the sole principal and representative of Artist authorized to act in
his/her behalf with respect to the services specified herein and make all
decisions in connection therewith. It is expressly understood that the
experience, knowledge, capability and reputation of Artist were a substantial
inducement for City to enter into this Agreement. Therefore, Artist shall be
responsible during the term of this Agreement for performing or directing all
activities of Artist and devoting sufficient time to personally perform or
supervise, as appropriate, the services hereunder. Artist may not assign all
or any of his/her obligations under this Agreement without the prior written
approval of City.
ARTICLE VII. OWNERSHIP OF ARTWORK; REPRODUCTION RIGHTS
7.1 Ownership of Artwork. Title to the Artwork and any construction
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drawings, plans, or other work product generated pursuant to this
Agreement shall remain with the Artist during installation and shall pass to
and vest in City upon (i) the commencement of the installation process and
the full payment of the compensation described in Exhibit C or (ii)
Termination of this Agreement.
7.2 Intellectual Property. Upon issuance of the Notice of Completion, title
to all copyright and other intellectual property rights in the Artwork shall also
pass to and vest in City. City shall have all rights under the Copyright Act of
1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the
Artwork, including ownership and possession. Artist shall retain no rights in
the Artwork and shall have no rights under the Copyright Act of 1976, 17
U.S.C. Sections 101 et seq. In view of the intention that the Artwork shall
be unique, Artist shall not make any duplicates or reproductions of the final
artwork, nor shall Artist grant permission to others to do so. The parties
recognize that City alone may grant such approval. City and its assigns may
make reproductions of the Artwork for commercial purposes, including but
not limited to reproductions used in posters, advertising, brochures, media
publicity, and catalogues, provided that these rights are exercised in a
tasteful and professional manner. All proceeds from such reproductions shall
belong to the City. All reproductions of the Artwork by City shall include a
credit to Artist and identify the location of the Artwork.
ARTICLE VIII. ADDITIONAL ARTIST OBLIGATIONS
8.1 Artist’s Address. Artist shall notify City of any change in address. City
shall take reasonable effort(s) to locate Artist when matters arise relating to
the Artist’s rights under this Agreement.
8.2 Surviving Covenants. The covenants and obligations set forth in this
Article VII shall be binding upon the parties, their heirs, legatees, executors,
administrators, assigns, transferees, and all their successors in interest, and
City’s covenants do attach and run with the Artwork and shall be binding to
and until twenty (20) years after the death of the Artist unless otherwise
stated herein. Upon the death of the Artist, the representative of Artist’s
estate shall assume the surviving covenants and obligations of Artist set
forth in this Article VII.
8.3 Independent Contractor. Artist is, and shall at all times remain as to
City, a wholly independent contractor. Artist shall have no power to incur
any debt, obligation, or liability on behalf of City or otherwise act as an
agent of City. Neither City nor any of its agents shall have control over the
conduct of Artist or any of Artist’s employees (if any), except as set forth in
this Agreement. Artist shall not, at any time, or in any manner, represent
that it or any of its officers, agents, or employees are in any manner
employees of City. Artist agrees to pay all required taxes on amounts paid
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to Artist under this Agreement, and to indemnify and hold City harmless
from any and all taxes, assessments, penalties, and interest asserted
against City by reason of the independent contractor relationship created by
this Agreement. Artist shall fully comply with the workers’ compensation law
regarding Artist and its employees (if any). Artist further agrees to
indemnify and hold City harmless from any failure of Artist to comply with
applicable workers’ compensation laws. City shall have the right to offset
against the amount of any fees due to Artist under this Agreement any
amount due to City from Artist as a result of Artist’s failure to promptly pay
to City any reimbursement or indemnification arising under this Section 7.3.
ARTICLE IX. ARTIST’S RIGHTS AND RELATED CITY’S OBLIGATIONS
9.1 Identification. The Artist shall place his or her signature on [insert
location] identifying Artist, the title of the Artwork and the year of
completion, and shall reasonably maintain such notice in good repair for as
long as the Artwork is displayed.
9.2 Maintenance. The parties recognize that maintenance of the Artwork
on a regular basis is essential to the integrity of the Artwork. Until such
time as City determines it no longer wishes to display the Artwork, City shall
maintain the Artwork.
9.3 Repairs and Restoration.
a. City shall have the right to determine, after consultation with a
professional art conservator, when and if repairs and restoration to the
Artwork will be made. At City’s option, Artist, during Artist's lifetime,
may be given the opportunity to make or personally supervise
significant repairs and restorations and shall be paid a reasonable fee
for any such services, provided that City and Artist mutually agree in
writing, prior to the commencement of any significant repairs or
restorations, upon Artist's fee for such services. City shall have no
obligation to utilize the services of Artist in this respect if it chooses to
have the repairs and restoration done by other professionals. No fees
shall be paid to Artist for repair or restoration due to a breach of the
representations and warranties set forth herein.
b. All repairs and restorations shall be made in accordance with
recognized principles of conservation.
9.4 Maintenance, Alteration and Removal of the Artwork.
a. City shall maintain Artwork in a manner that City determines
appropriate in its sole discretion. All decisions regarding alterations to,
or relocation or removal of, the Artwork are within the sole and
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absolute discretion of the City.
b. If any alteration is made to the Artwork without the consent of
Artist, Artist shall have the right to direct the City to remove Artist's
name from the Artwork. In connection herewith, Artist hereby
acknowledges and agrees that Artist is familiar with the federal Visual
Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art
Preservation Act (Cal. Civil Code § 987 et seq.), and the rights and
protection afforded Artist thereunder. Artist, on behalf of him/herself
and on behalf of his/her successors, heirs, and assigns, hereby waives,
releases and disclaims any rights, demands or claims as may arise at
any time and under any circumstances against City, and its elected
and appointed officials, officers and employees arising under the
federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the
California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any
other local, state, federal or international laws that convey rights of
the same nature, or any other type of moral right protecting the
integrity of works of art to the fullest extent permitted by law.
Without limiting the generality of the foregoing, Artist expressly waives
any rights under the federal Visual Artists Rights Act (17 U.S.C.
§§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil
Code § 987 et seq.), and any other local, state, federal or international
laws relating to the location, placement, or removal and disposal of the
Artwork.
c. The parties acknowledge and agree that because the Artwork is
being installed at the roundabout located at Eisenhower Drive and
Calle Sinaloa that is owned by the City, it will not be possible to
preserve the Artwork if the City determines that it no longer wishes to
have the Artwork on display at that Site Location. By way of example,
the parties recognize that is would not be feasible or practical to
relocate the Artwork after it is installed. For this reason, the parties
agree that City shall have the right at any time and for any reason, to
remove, destroy, or otherwise dispose of the Artwork, and Artist shall
have no right to notice of such actions. City shall have no obligation to
preserve the Artwork if it determines it no longer wishes to display the
Artwork. In addition, should City transfer property containing the Site
Location to a third party, all obligations of City under this Agreement
shall terminate.
9.5 Permanent Record. The City shall maintain a record of this Agreement
and of the location and disposition of the Artwork.
ARTICLE X. ASSIGNMENT OR TRANSFER
10.1 Artist shall not assign or transfer any interest in this Agreement
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without the prior written consent of City. If the assignment is approved, the
parties shall enter an assignment and assumption agreement. Any attempt
by Artist to assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder without City’s prior written consent shall be null, void and
of no effect.
ARTICLE XI. TERMINATION
11.1 City may, at its option, by written notice to Artist, terminate this
Agreement either upon the failure by Artist to perform any of its obligations
hereunder in accordance with the terms hereof or any other breach by Artist
of the terms of this Agreement, and such failure or breach continues
uncured for fifteen (15) days following notice thereof from City to Artist
(“Termination”). Upon Termination, except as provided in this Agreement,
all parties shall be released from all further obligations and liability
hereunder. Effective upon Termination, the Artwork, or so much thereof as
has then been completed, shall be transferred to and shall belong to City. In
such event and upon Artist’s written request, City shall remove Artist’s name
from the Artwork.
ARTICLE XII. INSURANCE AND INDEMNIFICATION.
12.1 Insurance. Prior to the commencing any work under this Agreement
and throughout the duration of the term of this Agreement, Artist shall
procure and maintain, at Artist’s sole cost and expense, and submit to City
concurrently with its execution of this Agreement, policies of insurance as
set forth in Exhibit E (the “Insurance Requirements”) which is incorporated
herein by this reference and expressly made a part hereof.
12.2 Indemnification. To the fullest extent permitted by law, Contractor
shall indemnify, protect, defend and hold harmless City and any and all of its
officers, employees, agents, and volunteers as set forth in Exhibit F
(“Indemnification”) which is incorporated herein by this reference and
expressly made a part hereof.
ARTICLE XII. GENERAL PROVISIONS
12.1 Notices. All notices, requests, demands, and other communications
which are required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been duly given (a) upon the delivery
or receipt thereof, as the case may be, if delivered personally or recognized
overnight courier service; or (b) on the third business day following deposit
in the United States mail, sent by registered or certified mail, return receipt
requested, postage prepaid, to the addresses set forth below, 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 addressed as
follows:
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CITY: ARTIST:
City of La Quinta [Name]
Attn: Deputy City Manager [Address]
78495 Calle Tampico [Address]
La Quinta, CA 92253
12.2 Nondiscrimination. In the performance of the services under this
Agreement, neither Artist nor City shall discriminate as to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation. Artist shall
comply with the equality of employment opportunity provisions of State and
local laws and regulations as presently existing or hereafter amended.
12.3 Entire Agreement. This Agreement and all exhibits attached hereto
and incorporated herein by reference, embodies the entire integrated
agreement and understanding between the parties hereto. There are no
other agreements or understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby,
except as set forth herein above.
12.4 Modification. This Agreement and each of the terms embodied herein
may be amended, altered, changed, or modified only by a written
instrument signed by each party hereto and approved by appropriate action
of City.
12.5 Waiver. No waiver of performance by any party hereto shall be
construed as or operate as a waiver of any subsequent default of any terms,
covenants, and conditions of this Agreement. The payment or acceptance of
fees for any period after a default shall not be deemed a waiver of any right
or acceptance of defective performance.
12.6 Governing Law; Venue. This Agreement, regardless of where executed
or performed, shall be governed by and construed in accordance with the
laws of the State of California. In addition to any other rights or remedies
and subject to the restrictions otherwise set forth in this Agreement, any
party hereto may institute legal action to seek specific performance of the
terms of this Agreement, to recover damages, or to obtain any other
remedy, at law or in equity, consistent with the purpose of this Agreement.
Such legal actions must be instituted in the Superior Court of the County of
Riverside, or in the Federal District Court in the district of California which
includes Riverside County.
12.7 Binding Effect. This Agreement shall be binding upon and shall inure
to the benefit of City and Artist, and their respective heirs, personal
representatives, successors, and permitted assigns.
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12.8 Severance. If any provision(s) of this Agreement is decalred to be
invalid, void, or illegal, such provision(s) shall be severed from this
Agreement and shall in no way affect, impair or invalidate any other
provision hereof, and such remaining provisions shall remain in full force and
effect.
12.9 Substitution. Whenever in the specifications of materials or process
the Scope of Design Build Services indicates or specifies materials or
processes by patent or proprietary name or by name of manufacturer, such
specification shall be deemed to be used for the purpose of facilitating
description of the material and/or process desired, and shall be deemed to
be followed by the words “OR EQUAL,” and Artist may offer any material or
process which shall be equal in every respect to that so indicated or
specified. Artist shall not offer any substitute material or process if a
substitute so offered by Artist is not found to be equal to that so indicated or
specified by name, if one only be so specified or named, or, if more than one
be so specified or named, then such one as shall be specified in the
proposal, or if none be so specified, then such one as shall be required by
City.
12.10 Authority. The persons executing this Agreement on behalf of each of
the parties hereto represent and warrant that (i) such party is duly
organized and existing or is a natural person, (ii) they are duly authorized to
execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of
this Agreement, and (iv) that entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This
Agreement shall be binding upon the heirs, executors, administrators,
successors, and permitted assigns of the parties.
12.11 Force Majeure. In addition to specific provisions of this Agreement,
performance by any party hereunder shall not be deemed to be in default
where delays or defaults are due to war, insurrection, strikes, lock-outs,
riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the
public enemy, epidemics, quarantine restrictions, freight embargoes, lack of
transportation, governmental restrictions or priority, litigation, unusually
severe weather, inability to secure necessary labor, materials or tools,
delays of any contractor, subcontractor or supplies, acts of the other party,
acts or failure to act of any public or governmental agency or entity,
including, without limitation, unreasonable delays in the processing and
issuance of required permits for the installation of the Artwork by Artist
(except that any act or failure to act of City shall not excuse performance by
City) or any other causes beyond the reasonable control or without the fault
of the party claiming an extension of time to perform. Notwithstanding the
foregoing, market and economic conditions shall not entitle Artist to an
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extension of time to perform. An extension of time for any such cause shall
be for the period of the enforced delay and shall commence to run from the
time of the commencement of the cause, if notice by the party claiming such
extension is sent to the other party within ten (10) days of knowledge of the
commencement of the cause. In addition, times of performance under this
Agreement may be extended by mutual written agreement by City and
Artist.
12.12 No Third Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
12.13 Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Last Revised April 2015 Page 14 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
CITY OF LA QUINTA, a California Municipal Corporation
By:
JON MCMILLEN, City Manager
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
ARTIST:
[Name]
By:
Title:
State License No.
Last Revised April 2015 Page 15 of 25
EXHIBIT A
SCOPE OF DESIGN BUILD SERVICES
I. SCOPE OF WORK
II. GENERAL ITEMS OF INCLUSION:
III. SPECIFIC ITEMS OF INCLUSION
Last Revised April 2015 Page 16 of 25
EXHIBIT B
SCHEDULE OF PERFORMANCE
SCHEDULING:
REVIEWS:
Last Revised April 2015 Page 17 of 25
EXHIBIT C
SCHEDULE OF COMPENSATION
SCHEDULE OF PAYMENT TO ARTIST BY CITY:
Last Revised April 2015 Page 18 of 25
EXHIBIT D
NOTICE OF COMPLETION FOR ARTWORK
Piece of Artwork: [Name of Artwork, if any]
WHEREAS, by that certain Art Purchase Agreement dated
_______________________, ____ (“Agreement”), THE CITY OF LA
QUINTA, a California municipal corporation (“City”) contracted with [Name]
(“Artist”) to provide certain “Artwork” (as defined in the Agreement); and,
WHEREAS, as referenced in the Agreement, City shall furnish Artist with a
Notice of Completion upon completion of the fabrication and installation of
the Artwork; and,
WHEREAS, such certificate shall be conclusive determination of satisfactory
completion of the fabrication and installation of the Artwork, as required by
the Agreement, has been satisfactorily completed.
NOW, THEREFORE, the City hereto certifies as follows:
1. As provided in the Agreement, City does hereby certify that the
fabrication and installation of the Artwork has been fully performed and
completed.
2. Nothing contained in this instrument shall modify in any other way any
executory portions of the Agreement.
IN WITNESS WHEREOF, City has executed this certificate this _____ day
of__________, ____.
CITY OF LA QUINTA, a California Municipal Corporation
By: Chris Escobedo, Director – Community Resources
Last Revised April 2015 Page 19 of 25
EXHIBIT E INSURANCE REQUIREMENTS E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate).
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Artist shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Artist's acts or omissions rising out of or related to Artist's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Artist's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Artist shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Artist, its officers, any person directly or indirectly employed by Artist, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Artist's performance under this Agreement. If Artist or Artist’s employees will use personal autos in any way on this project, Artist shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Artist's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. 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 Artist and “Covered Professional Services” as
Last Revised April 2015 Page 20 of 25
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 include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Artist shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Artist shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Artist shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Artist’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Artist to stop work under this Agreement and/or withhold any payment(s) which become due to Artist hereunder until Artist demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Artist's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Artist. Artist and City agree to the following with respect to insurance provided by Artist: 1. Artist agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Artist also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Artist, or Artist’s employees, or agents, from waiving the right of subrogation prior to a loss. Artist agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do
Last Revised April 2015 Page 21 of 25
likewise. 3. All insurance coverage and limits provided by Artist and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Artist shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Artist’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Artist or deducted from sums due Artist, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Artist or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Artist agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Artist, provide the same minimum insurance coverage required of Artist. Artist agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Artist agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Artist agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Artist’s existing coverage includes a deductible or self-
Last Revised April 2015 Page 22 of 25
insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Artist, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Artist ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Artist, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Artist acknowledges and agrees that any actual or alleged failure on the part of City to inform Artist of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Artist will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Artist shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Artist’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Artist under this agreement. Artist expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. 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 limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or
Last Revised April 2015 Page 23 of 25
provision conflicts with or impairs the provisions of this Exhibit. 20. Artist agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Artist for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Artist agrees to provide immediate notice to City of any claim or loss against Artist arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Last Revised April 2015 Page 24 of 25
EXHIBIT F INDEMNIFICATION F.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Artist’s services, to the fullest extent permitted by law, Artist shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Artist or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Artist, its officers, agents, employees or subcontractors (or any entity or individual that Artist shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Artist shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Artist. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Artist shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Artist or by any individual or entity for which Artist is legally liable, including but not limited to officers, agents, employees, or subcontractors of Artist. F.2 Standard Indemnification Provisions. Artist agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Artist in the performance of this Agreement. In the event Artist fails to obtain such indemnity obligations from others as required herein, Artist agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Artist and shall survive the termination of this agreement or this section. a. Limitation of Indemnity. Without affecting the rights of City under any provision of this agreement, Artist shall not be required to indemnify and hold harmless City for liability attributable to the active
Last Revised April 2015 Page 25 of 25
negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Artist will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Landscape Concept - PLANT PALETTE
PLANT SCHEDULE OVERALL PROJECT
TREES
BOTANICAL NAME
COMMON NAME
Acacia ensure
Mulga
g _•
La erstroemia indica x faurei 'Tuscarora'
9
Tuscarora Craps Myrtle s
p
Parkinsonia x 'Desert Museum'
Desert Museum Palo Verde
SHRUBS
BOTANICAL NAME
COMMON NAME
Bougainvillea x 'Rosenka'
Bougainvillea
Caesalpinia pulcherrima
Red Bird Of Paradise
Dasylirion wheeleri
Grey Desert Spoon
Hesperaloe parvilora
Red Yucca
Leucophyllum frutescens'Compacta'
Compact Texas Ranger
Leucophyllum zygophyllum 'Blue Ranger'
Blue Ranger
Muhlenbergia capillaris'Regal Mist' TM
Muhly Regal Mist
Santolina chamaecyparissus
Lavender Cotton
0
Santolina virens
Green Lavender Cotton
OSenna
artemisioides
Silver Senna
AGAVE AND CACTI
BOTANICAL NAME
COMMON NAME
Agave americana
Century Plant
Agave vilmoriniana
Octopus Agave
0
Echinocackrs grusonii
Golden Barrel Cactus
Fouquieria splendens
Ocotillo
GROUND COVER
BOTANICAL NAME
COMMON NAME
Lantana montevidensis
Trailing Lantana
Lantana x 'New Gold'
New Gold Lantana
�La Quinta, California
INERT COVER
BOTANICAL NAME
7
3" - 8" Rock Cobble
ILI
314" Crushed Rock
E314"
Crushed Rock
El
Decomposed Granite
hl►[M]:112r,W_1►IIII 1►[eIePI:3:ikyjIWA
COMMON NAME
Arizona Cobble
Desert Gold
Apache Sunset
Southwest Brown Fines
1. The following refined concepts reflect initial design ideas illustrating
different plant combinations and layouts in the (5) five proposed
roundabout central islands. These concepts are unique to each
roundabout location, which are identified by sheet title. Each location
/ design is unique in that various underground utility constraints
dictate where trees, permanent structures, and potential art can be
located.
2. All central islands will have elevated (I F-30") ground planes with
plant materials in an effort to control sight lines through the
roundabouts. This is achieved through the use of gravity rock
retaining walls, or through mounding of soil to create a gentle dome
shape. Refer to each roundabout location for grading and structural
concepts.
REVISED LANDSCAPE
CONCEPT PLAN {4.12.2018j
PLANT MATERIAL SELECTION
1. Plant materials are selected based on character, color, regional
climate conditions, and known existing use 1 availability in the area.
2. Most plants will require very little water once established. All plants
selected will tolerate periods of drought.
3. Irrigation will be via low volume system delivered either by a drip
component system via a flexible tubing, or a hard piped system using
drip components.
DESIGN INTENT
1. The following design concepts are presented in response to City
review and comments regarding preferred design approaches. Each
central island, as part of this project, have a unique design that
accommodates the preferred concepts styles and characteristic as
determined during the initial concept review.
2. The Landscape Architect's approach is to create an attractive and
colorful design in the central islands of the roundabout areas, while
controlling the view shed through the roundabout for safety purposes.
3. The landscape design for the sidewalk planters between the sidewalk
improvements and roadway will reflect the plant palette utilized in the
roundabout center island, and/or use plant materials to transition back
into existing planted areas. (NOTE: MEDIAN LANDSCAPE TO BE
HARDSCAPED PER CIVIL PLANS)
4. Combinations of inert materials (rock mulches, gravels, decomposed
granite) are used to create interesting ground level pattems while
providing weed and dust control.
5. ART: The City has directed the consultant to allow for the potential of
an art piece in each roundabout. Toward that end, the Landscape
Architect has identified a 6'X6'X8'Tall area that should not conflict with
utilities or sight visibility. Actual size, shape, and art character to be
determined by others.
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Landscape Concept - PLANT AND MATERIAL IMAGES
Acacia Tree
A
Palo Verde Tree Crape Myrtle Tree
Aw
` Tk
yy -
_.
Century Plant Octopus Agave
Desert Spoon
i
yet.
3
Fd.+
Ocotillo
Deer Grass
I�Lw'
�-V
Golden Barrel Cactus
Red Yucca
Mexican Red Bird of Paradise Little John Battle Brush Purple Lantana Yellow Gold Lantana Bouganvilla
01-a Quinta, California
IMAGE NOTES
THESE IMAGES (COMMON NAMES INDICATED) REFLECT THE GENERAL
CHARACTER OF THE PLANT MATERIALS PROPOSED ON PLANT PALETTE-
{3Dy SKETCH IMAGES ON THE FOLLOWING PAGES REFLECT THE
CHARACTER OF THESE PLANTS IN AN ILLUSTRATIVE APPROACH.
REVISED LANDSCAPE
CONCEPT PLAN (4.12.2018)
V.
F"
Pink Muhly Texas Ranger Silver Senna
F.
Inert Materials Used in the Designs
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Design Approach - CALLE TAMPICO AND AVENIDA BERMUDAS
CONCAVE BOULDER WALL
APPROXIMATELY 24" TALL TO
RETAIN SOIL ON CONVEX SIDE.
SOIL TO GENTLY SLOPE TO
MEET GRADE AT PLANTER
EDGES.
ART FOOTPRINT:
TYPE, SIZE, AND SHAPE TO BE
DETERMINED AT LATER DATE.
SPACE PROVIDED IS 6XV.
GROUND LEVEL 1 FLAT.
F— TRUCK APRON - MATERIAL,
PATTERN AND COLOR TO BE
DETERMINED.
EXISTING MANHOLE LOCATIONS,
PROTECT IN PLACE. FRAMES TO BE
ADJUSTED TO GRADE IF NEEDED.
CaflerT,imy,)i6o'and•AVe tidar Bermudas Central Island Concept Sketch
APPROXIMATE LOCATION OF
UNDERGROUND UTILITIES, TYP.
SCALE: 1 • = 8
Calle Tampico and Avenida Bermudas Central Island Concept Sketch
UINTA
VIL
IS La Quinta, California
PLANT SCHEDULE RA 2
TREES
BOTANICAL NAME
COMMON NAME
Parkinsonia x'Desert Museum'
Desert Museum Palo Verde
SHRUBS
BOTANICAL NAME
COMMON NAME
Bougainvillea x'Rosenka'
Bougainvillea
Caesalpinia pulcherrima
Red Bird Of Paradise
Dasylirion wheeleri
Grey Desert Spoon
Hesperaloe parvillora
Red Yucca
0
Santolina virens
Green Lavender Cotton
AGAVE AND CACTI
BOTANICAL NAME
COMMON NAME
Agave americana
Century Plant
Echincoactus grusonii
Golden Barrel Cactus
GROUND COVER
BOTANICAL NAME
COMMON NAME
aLantana
x 'New Gold'
New Gold Lantana
3" - 8" Rock Cobble Arizona Cobble
i
F1 3/4" Crushed Rock Desert Gold
Decomposed Granite Southwest Brown Fines
DESIGN NOTES
1 THIS DESIGN REFLECTS A CONCAVE CURVING BOULDER WALL APPROXIMATELY 24"
HIGH IN THE MIDDLE, TAPERING TO ABOUT 12" ON THE ENDS.
2. THE MAIM PLANTER AREA SLOPES AWAY TOWARD THE CURB.
3. ART, THE CITY HAS DIRECTED THE CONSULTANT TO ALLOW FOR THE POTENTIAL OF
AN ART PIECE IN EACH ROUNDABOUT. TOWARD THAT END, THE LANDSCAPE
ARCHITECT HAS IDENTIFIED A 6'X6'X8'TALL AREA THAT SHOULD NOT CONFLICT WITH
UTILITIES OR SIGHT VISIBILITY. ACTUAL SIZE, SHAPE, AND ART CHARACTER TO BE
DETERMINED BY OTHERS.
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Design Approach - CALLE SINALOA / AVENUE 52 8 AVENIDA BERMUDAS
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ART FOOTPRINT:
TYPE, SIZE, AND SHAPE TO BE
DETERMINED AT LATER DATE.
SPACE PROVIDED IS VX6'.
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SCALE: V - 5'
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APPROXIMATE LOCATION OF
UNDERGROUND UTILITIES, TYP.
Calle Sinaloa, Avenue 52, and Avenida Bermudas Central Island Concept Sketch
UINTA
VIL
IS La Quinta, California
PLANT SCHEDULE RA 5
SHRUBS
BOTANICAL NAME
COMMON NAME
Bougainvillea x'Rosenka'
Bougainvillea
j
Dasylirion wheeled
Grey Desert Spoon
Hesperaloe parviflora
Red Yucca
AGAVE AND CACTI
BOTANICAL NAME
COMMON NAME
Agave americana
Century Plant
Agave vilmoriniana
Octopus Agave
GROUND COVER
BOTANICAL NAME
COMMON NAME
Lantana montevidensis
Trailing Lantana
Lantana x' New Gold'
New Gold Lantana
INERT COVER
BOTANICAL NAME
COMMON NAME
314" Crushed Rock
Desert Gold
Decomposed Granite
Southwest Brown Fines
DESIGN NOTES
1. THIS DESIGN REFLECTS A 24" TALL SPIRALING MASONRY WALL SUPPORTING A RAISED
PLANTER.
3. ART: THE CITY HAS DIRECTED THE CONSULTANT TO ALLOW FOR THE POTENTIAL OF AN
ART PIECE IN EACH ROUNDABOUT. TOWARD THAT END, THE LANDSCAPE ARCHITECT HAS
IDENTIFIED A 8'X6'X8'7ALL AREA THAT SHOULD NOT CONFLICT WITH UTILITIES OR SIGHT
VISIBILITY. ACTUAL SIZE, SHAPE, AND ART CHARACTER TO BE DETERMINED BY OTHERS.
Calle Sinaloa, Avenue 52, and Avenida Bermudas Central Island Concept Sketch
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