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CONTRACT 3858 Professional Services Agreement CLOSED3858 • •'.:� PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND MARINA LANDSCAPE, INC. This AGREEMENT is entered into this 20th day of August, 2008 by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and MARINA LANDSCAPE, INC., a California Corporation ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed seven thousand four hundred ninety -five dollars ($7495) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical. administrative, professional and other personnel, all supplies and materials. equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. -1- 3858 • ,'-:'I 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. CITY's city manager ( "Manager ") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ( "Additional Work ") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work. B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. Payments over $749 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. -2- 3858 • ,'; a Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be from October 1, 2008 to March 31, 2009. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A "; B. Termination as stated in Section 16. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services. 11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below (check all that apply): A. ® Exhibit A: Scope of Work B. ® Exhibit B: Request for Proposal (RFP) C. ❑ Exhibit C: n/a 12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the -3- 3858 • ,'; contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. I" 7, 9 5 8 - ." 71 17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 19. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. -5- 3858. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 23. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below (check all that apply): Type of Insurance ® Commercial general liability: ® Professional Liability ® Business automobile liability ® Workers compensation Limits $1,000,000 $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of 0 3858. J ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16. 24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: -7- If to CONSULTANT: Hue Ta, Principal Marina Landscape, Inc. 1900 S. Lewis Street Anaheim, CA 92805 Attention: Hue Ta, Principal If to CITY: Dan Garcia, Assistant City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Dan Garcia, Assistant City Eng Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is One (1) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. -8- 3858. 34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] -9- w 3858•,,, IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY *EGUNDO Ja ayity Man ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HEN§�EY, City Attorney Karl H. Berger, Assistant City t -torney -10- JMINA LANDSCAPE, INC. Robert Cowan, Secretary Taxpayer ID No. 95- 3760820 MAIRU 8 Still Growin EXHIBIT "A" Scope of Work MARINA LANDSCAPE, INC., 1900 S. LEWIS STREET, ANAHEIM, CALIFORNIA 92805 AGREEMENT JOB # 08 -083 AGREEMENT FOR IRRIGATION CONSULTING SERVICES August 06, 2008 Washington Park Irrigation System Design This Agreement is between: CLIENT: City of El Segundo 350 Main Street El Segundo, CA 90245 Attn: Daniel R. Garcia T:310.524.2358 F:310.640.0489 CONSULTANT: Marina Landscape Inc. dba: Marina Design Group 1900 S. Lewis Street Anaheim, CA 92805 We are pleased to submit this Agreement for Professional Services in connection with the proposed irrigation design for Washington Park, in El Segundo, California, County of Los Angeles. SCOPE OF SERVICES: PHASE I - CONSTRUCTION DOCUMENTS: The Consultant shall prepare Construction Documents pertaining to the irrigation improvements after the Client and has given authorization to proceed. A) Perform one (1) site visit to review the site conditions, make site observations and obtain site analysis information. B) Obtain and review the local authorities' irrigation design standards. PLEASE INITIAL: Consultant Client ("A- mAkAb 8•,.,1 MA ItIEm"�W Still Growing 9 C) Review the site plan as it pertains to irrigation goals with the intent to minimize any future landscape input and restraints. Specific areas to be focused on are: 1. Washington Street R.O.W. 2. Turf Area Bordered by Palm Ave, Washington Street, Maple Ave. 3. Park Side of neighborhood wall 4. Playground Planters 5. Parkway on Palm Ave. Note: If it is necessary to begin this phase of work prior to provision of the final Architecture or Site Plan, revisions to the Consultant's drawings resulting from such changes shall be billed to the Client as Additional Services on an hourly basis. The Construction Documents shall include the following: A) Base sheet preparation (the Consultant shall draft irrigation improvements in Autocad based upon scan from hardcopy plan of City of El Segundo Plan- Automatic Sprinkler system Washington Parkette between Palm Ave. and Maple Ave, dated 8/25/75 provided by the Client which also includes hardscape, walls, and sited buildings if any). 1. Site Plan- V=30'-O" B) Washington Park Irrigation System Specifications (Provided by the City of El Segundo): Washington Park irrigation is serviced by reclaimed water. All pipes, valve boxes, sprinklers heads, etc. must be purple in color to identify use of reclaimed water. Main line must be in a loop configuration with six (6) commercial grade isolation ball valves located equal distances on the main loop. Rainbird 44 NP quick coupling valves with round reclaimed water box. Rainbird commercial grade remote control valves with union fittings in reclaimed rectangular water box. Valve box lid must be branded with corresponding station number as well as station number tag on valve. Hunter commercial grade commercial rotors will be used in large turf areas. Toro 570 series pop ups will be used in smaller parkway and planter areas. Irritrol MC plus irrigation controller with rain guard located in a stainless steel pedastool type enclosure. As built blueprints of entire system. Four (4) sets of laminated legends. PLEASE INITIAL: Consultant Client MA iti 8..0 . W��W Still Growing C) Develop the following plans for construction. 1. Irrigation Plan The Irrigation Plan will diagrammatically depict all landscape irrigation piping, valves, control equipment, sprinkler heads and related irrigation equipment (including sizes and types) for the automatic irrigation of planting areas using recycled water as the primary source. All necessary details required to install the irrigation system will be included. a) Provide local governing agencies water use calculations when required. b) Provide local governing agencies irrigation schedule when required. c) Provide local governing agencies design pressure calculations when required. 2. Details Providing an example for the contractor, the details show graphical drawings of properly installed irrigation equipment. All details are subject to approval by local governing agencies, and will be used as a guide during the irrigation observation. 3. Specifications The Specifications will identify the types, manufacturers and /or qualities of materials to be used or incorporated into the work, will outline methods of installation, and will establish the quality of workmanship for the completed project. C) The Client will submit Construction Drawings to all governing agencies for approval. D) The Consultant shall develop cost estimate based upon completed construction drawings. Cost estimates provided by Consultant are not guaranteed, and shall only be used as reference by the Client after more accurate bids are obtained from others. E) The Consultant shall provide assistance during the bid process to interpret the landscape drawings and specifications. F) The Consultant shall be available for telephone conferences with the Client and other design consultants as necessary. PHASE II — CONSTRUCTION ADMINISTRATION: Construction Administration shall include the following as needed by the Client: PLEASE INITIAL: Consultant Client 3 M A iti W�k Still Growing A) Review and respond to irrigation materials submittals. B) Review and respond to Requests For Information (RFI) regarding the Irrigation Construction Documents. C) The Consultant shall be available for telephone conferences with the Client and /or Contractor D) The Consultant will provide administration of construction documents and periodically observe construction during the installation phase to as certain conformity of construction to general design intent. Consultant assumes no obligation to determine whether Client, its contractors, or other design professionals have complied with state or local building codes, the applicable standard of care, or the plans and specifications. Our participation shall be based upon the request from the Client or his authorized field representative. As part of this phase of work our services include: 1. Preconstruction conference (number of visits anticipated 1). 2. Irrigation mainline test (number of visits anticipated 1). 3. Observation of layout of irrigation work in relation to design intent (number of visits anticipated 1). 4. Observation to establish 90 -day maintenance period. Develop a punch list as required (number of visits anticipated 1). 5. Final observation at the end of the 90 -day maintenance period. Develop a punch list as required (number of visits anticipated 1). E) Although the Consultant may observe and discuss potential problems, these visits are not construction inspections or not a guarantee that there will not be construction deficiencies. COMPENSATION: The fee for our services to complete the scope of work outlined above is as follows: Phase I Construction Documents $ 6,495 Phase 11 Construction Administration $ 1,000 (or $300 per visit) (Note: Does not include reimbursable expenses.) ASSUMPTIONS & EXCLUSIONS: A) The Client shall provide accurate to -scale AutoCAD (2000) drawing files and an accurate topography survey including legal boundaries, spot grades, existing utilities and anticipated improvements sited on plan. B) The project will not be phased and can be packaged as one (1) set of working drawings. PLEASE INITIAL: Consultant Client 4 �- cc MARL ` ' J Still Growing C) Others will prepare subsurface drainage plan including sizing pipe and calculating inverts. D) Any changes or redrawing of plans or documents prepared by the Consultant which result from changes to landscape architectural, building architectural, structural, civil engineering, interior design, plumbing /fire sprinkler, electrical engineering, or the plans of other consultants outside the scope of Consultant's services as outlined in the Agreement, required by a governmental or private agency having authority, shall be billed as an extra as described in the above Scope of Work. E) Verbal request to commence each task constitutes approval of prior design, material selection, etc. Design revisions will be incorporated into the subsequent design phase. Changes or revisions to the site plan that affect the preliminary or construction document package, that are considered beyond the Consultant's control, will be considered as Additional Services and shall be documented and billed on an hourly basis. F) Excludes services include, but are not limited to the following: Subsurface conditions, soil issues (including suitability for plan material, soil content, level of compaction), lot line location, drainage, utilities location, signage, security, lighting, and project or construction cost estimates. PAYMENT SHALL BE MADE AS FOLLOWS: A) Invoices are billed the 1st of each month and are based upon percentage of work completed per phase. B) Each invoice shall be due and payable upon receipt and delinquent 30 days after its date. In the event of delinquency, interest shall accrue from the invoice date at the rate of 10 %, or at the highest rate permitted by California Law, whichever is lower. No deductions shall be made from the Consultant's compensation on account of claims or losses for which an appropriate court or arbitrator has not held the Consultant legally liable. C) In light of the obvious advantage of resolving questions and disputes regarding the Consultant's billing quickly and while recollections are fresh, the Client will notify the Consultant of any questions or dissatisfaction which may regard any particular invoice within 60 days of the invoice date, and if the Client fails to give the Consultant such notice, then the Client will have waived its right to dispute the accuracy and appropriateness of the invoice and the invoice will be binding upon the Client. ADDITIONAL SERVICES: The compensation fee for services, set forth above, specifically does not include any of the following, which shall be considered as Additional Services: A) All costs involving document reproduction and deliveries. B) Contract administration. C) Any design change after construction drawings have been started or completed. D) Plan check fees and /or building permits. E) Additional meetings beyond those described above. PLEASE INITIAL: Consultant Client 5 �--- JtJWAft,A6* NA Still Growin 5 F) Irrigation water use calculations or schedules if not required by local governing bodies. G) Soils and /or geological investigation. H) Separating or phasing construction bid packages. 1) "As- Built" record drawings. J) The Client shall provide all necessary base sheet, boundary and utility information required for performance of the work. The Consultant assumes no responsibility for the accuracy of such information or services and shall not be held liable for errors or omissions therein. Should the Consultant be required to provide services in compiling this information, such services shall be charged as Additional Services. HOURLY RATES: (Rates subject to adjustment one (1) year from date of contract) If during the progress of the development of plans or during construction, the Client finds it desirable or necessary to cause the Consultant to perform Additional Services other than those defined, the payment for such additional work shall be based on our hourly rates. Principal $ 180.00 Senior Associate $ 150.00 Associate $ 140.00 Irrigation Manager $ 110.00 Assistant Irrigation Manager $ 100.00 Irrigation Designer II -Job Captain $ 85.00 Irrigation Designer 1 $ 75.00 CAD Manager $ 75.00 CAD Technician $ 65.00 Administrative $ 50.00 Mileage $ 00.50 GENERAL CONDITIONS: Should the Client find it necessary to abandon the project or decide to sell the project the Consultant shall be compensated for all work completed according to the schedule of payment designated. Scheduled items not completed but upon which work has been performed, shall be paid for upon the basis of estimated extent of completion. It is mutually agreed that this agreement is not transferable by either signatory to a third party without the prior written consent of the other principal party. The reimbursable expenses concerning the project for which the Client shall be responsible at a multiple of 1.25 include, but are not necessarily limited to, all costs involving document reproduction, deliveries, mileage, approved travel, additional insurance required by the Client over and above that which the Consultant or its sub - consultants customarily carry, employee overtime necessitated by the Client's express request for expedited service, and any governmental fees or costs advanced by the Consultant as a Client accommodation. Any promotion of the project that acknowledges the design team shall include credit to the Consultant as the Irrigation Consultant. PLEASE INITIAL: Consultant Client A Lr� 58. MARL Still Growing The Client acknowledges that construction meetings and Construction Administration provided by the Consultant is not in a supervisory role to the contractors or their workers, but merely to observe the progress of the installation of materials indicated in the plans and specifications provided by the Consultant and conformance to the general design intent created by the Consultant. Consultant is not retained to provide opinions or directions as to the contractor's or subcontractor's compliance with plan details or specifications provided by others (including, but not limited to, civil engineering or grading plans) applicable building codes, or standards of care. PLEASE INITIAL: Consultant Client 7 P 3858•,.A EXHIBIT `B' RFP Request for Proposal Washington Park Irrigation System Specifications Washington Park irrigation is serviced by reclaimed water. All pipes, valve boxes, sprinklers heads, etc. must be purple in color to identify use of reclaimed water. Main line must be in a loop configuration with six (6) commercial grade isolation ball valves located equal distances on the main loop. Rainbird 44 NP quick coupling valves with round reclaimed water box. Rainbird commercial grade remote control valves with union fittings in reclaimed rectangular water box. Valve box lid must be branded with corresponding station number as well as station number tag on valve. Hunter commercial grade commercial rotors will be used in large turf areas. Toro 570 series pop ups will be used in smaller parkway and planter areas. Irritrol MC plus irrigation controller with rain guard located in a stainless steel pedastool type enclosure. As built blueprints of entire system. Four (4) sets of laminated legends.