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C09-05 - ALHAMBRA GROUP3/4/09 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR Landscape Architecture Design Services — Oak Valley Parkway West THIS AGREEMENT is made and effective as of the 7th day of April, 2009, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6th Street, Beaumont, California 92223 and ALHAMBRA GROUP, whose address is 41635 Enterprise Circle North, Suite C, Temecula, California 92590, telephone 951- 296 -6802, fax 951- 296 -6803 e -mail info @alhambragroup.net, Fed. Tax Id. No. 330575507 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of assisting the OWNER with landscape architecture services. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until April 30, 2010, unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Page 1 of 8 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 45 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. Page 2 of 8 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $1,000,000.00 per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required � ; Obtain a policy of errors and omissions insurance in a minimum amount of $ (N /A) per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and /or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "AN11 ") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 8 D 5.05.1 To the full extent permitted by law, CONTRACTOR shall I I indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and /or CONTRACTOR's agents and /or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all - inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and /or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Page 4 of 8 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. Page 5 of 8 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and /or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents Page 6of8 and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment Page 7 of 8 will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and /or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. /Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CONTRACTOR: CITY OF BEAUMONT ALHAMBRA GROUP By By Mayor, City ounci Vincent Di Donato, Owner Page 8 of 8 3/4/09 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Landscape Architecture Services — Oak Valley Parkway West) TASK ORDER NO.: One CONTRACTOR: Name: ALHAMBRA GROUP Address: 41635 Enterprise Circle North, Suite C Temecula, California 92590 Telephone: 951- 296 -6802 Fax: 951- 296 -6803 E -mail: info @alhambragroup.net Fed. Tax Id.: 330575507 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and ALHAMBRA GROUP ( "CONTRACTOR ") dated April 7, 2009 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following tasks: a. Prepare landscaping and irrigation plans, specifications and bid documents for Oak Valley Parkway West medians as described in the Proposal dated March 30, 2009, attached hereto as part of Exhibit A. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 20 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before December 31, 2009. 3. Liaison of OWNER. Mr. David Dillon, Economic Development Director shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: Vincent Di Donato, Owner 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: May 1, 2009: CONTRACTOR shall prepare and submit to OWNER two sets of preliminary plans; Page] of 3 May 31, 2009: CONTRACTOR shall prepare and deliver to OWNER two sets of final plans, specifications and bid documents. 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed sum of $30,925.00 based on time and materials charged in accordance with the Hourly Rate Schedule attached hereto as part of Exhibit A. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall/ � shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order: CONTRACTOR anticipates organizing up to 3 field observations and 3 meetings for which CONTRACTOR shall prepare agendas, attend meetings, and conduct follow - up tasks as needed. Attendance at additional meetings may require an amendment to the project budget. IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. Dated: Dated: 4 1 0 CITY OF BEAMONT By _ L MM y r, lity Cou cil CONTRACTOR: ALHAMBRA GROUP ,I By ' Z Vincent Di Donato, Owner Page 2 of 3 Exhibit A Proposal and Hourly Rate Schedule Page 3 of 3 STAFF REPORT Agenda Item TO: Mayor and Council Members FROM: Public Works Department DATE: April 7, 2009 SUBJECT: Agreement and Task Order for Landscaping Design Services — Oak Valley Parkway West Medians Background and Analysis: The proposed Agreement and Task Order would authorize Alhambra Group to prepare landscaping and irrigation plans, specifications and bid documents for the medians in the newly constructed Oak Valley Parkway between Desert Lawn Drive and Palmer Avenue. The plans will be completed in accordance with the City of Beaumont's Landscaping Ordinance which requires implementation of water saving techniques in the design. The plans will utilize drip irrigation and native, drought tolerant plants which are consistent with the natural environment of San Timoteo Canyon. The plans will also include details for two monument signs to be placed in the medians at both ends of the project. The monument signs will be designed to complement plans for the Historic San Timoteo Canyon Bike and Pedestrian Facility Project which will include two informational kiosks planned to be installed along the road in the future. The cost of the services will be billed on a time and material basis and will not exceed $30, 295.00. Recommendation: Staff recommends APPROVAL of the Agreement, Task Order and Project Report, and AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney to make non - substantive changes. ALHAMBRA GROUP Email �4 LANDSCAPE ARCHITECTURE Copy License# 2017 AGREEMENT BETWEEN OWNER AND LANDSCAPE ARCHITECT March 30, 2009 1.00 DESCRIPTION OF SERVICES The Alhambra Group (Landscape Architects) shall provide construction documents and professional services required for the landscape development of Oak Valley Parkway Medians in the City of Beaumont, California described herein: 2.00 SCOPE OF WORK Landscape Development Plans for areas shown on plans provided by Urban Logic Consultants, Inc.. 2.01 Review site plan for conformance to Municipalities Landscape area requirements. 2.02 Utilize Engineers AutoCAD base sheet at scale required. 2.03 Research & Measurement a. Site Visits/ Inventory b. Obtain all available documentation. 2.04 Schematic Design Phase: a. Prepare conceptual landscape plan for City Approval. b. Prepare Color Concept Exhibits. 2.05 Analysis a. Analyze information obtained from all reports & contacts. 2.06 Construction Document Phase: a. Formalize the conceptual landscape plan into construction documents that detail the Project's construction requirements. b. Prepare construction documents to include: i. Construction Plans Including Dimensioning for Hardscape & Details. ii. Planting plans. iii. Irrigation plans. iv. Planting & Irrigation details & specifications. v. Budget Estimate & Water Use Calculations. 2.07 Construction Phase: c. Provide clarifications to drawings and/ or specifications when required. d. Review required contractor submittals, such as shop drawings and samples, but only to determine if they conform to the Landscape Architect's visual and aesthetic design intent. 3.00 INFORMATION TO BE PROVIDED BY OTHERS Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. All necessary architectural and engineering plans and designs required by the Landscape Architect to complete his work including, but not limited to, the following: 3.01 Site hardscape layouts and details (roadways, curbs, walls, etc.). 3.02 Site grading elevations and slope face locations. 3.03 Final site building pad locations and elevations. 3.04 Site electrical and utility layouts. Initial 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296 -6802' F (951) 296 -6803 E -Mail infoO.AlhambraGrouo.net " Web site: www.AlhambraGrouo.net Page 1 of 5 E:Nccounting INFOIProp —le Pend1ng120091C1fy of Bea umom- Mediem.doc 3.05 Client agrees to provide the items described in Article 3.00 and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. 4.00 TIME OF PERFORMANCE Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. The Landscape Architect agrees to commence work within three weeks once the site plan conforms to Municipalities Landscape area requirements. The services of the Landscape Architect will be coordinated with the client and undertaken in a sequence to assure their timely completion. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Landscape drawings will and may not progress until the site plan conforms to item 2.01. 4.01 Upon commencement of work, conceptual landscape plan (if applicable) to be completed and released to project coordinator within two weeks. 4.02 If site revisions occur, landscape plans will reflect the revision two weeks after receipt of correct site plan from engineer. 4.03 If City /County required revisions occur, landscape plans will reflect the revision and be prepared for re- submittal within two weeks of receiving the red line plans from the City /County. 5.00 FIELD OBSERVATIONS The Landscape Architect shall provide the following field observations during construction, although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies: 5.01 (3) Field Observations. 5.02 Field Observations per owners request ($350.00 Minimum per Visit). 6.00 MEETINGS The Landscape Architect shall provide the following Meetings: 6.01 (12 hrs) for Coordination/ Team Meetings. 6.02 Additional Meetings per owners request ($175.00 /Hour —1 hour minimum). 7.00 PROCESSING AND APPROVAL The owner or his representative shall obtain and pay for all landscape related permits, application fees and bonds necessary from authorities with jurisdiction over the Project, and is responsible for the submittal of plans. 7.01 The landscape construction documents shall conform to all pertinent City of Murrieta codes and requirements. 8.00 COMPENSATION AND FEE SCHEDULE As of the date of this agreement Compensation for this project shall be $ 30,925.00 (Thirty thousand nine hundred twenty five dollars) and payable per the following invoice submittals. Construction Document Phase: 8.01 Schematic Design Phase $ 3,000.00 8.02 Preparation of Construction Document Phase $ 23,250.00 8.03 (12 Hrs) for Coordination/ Team Meetings $ 2,100.00 8.04 (3) Field Observations $ 1,575.00 8.05 Construction Phase $ 250.00 8.06 Reimbursable Expenses $ 750.00 TOTAL $ 30,925.00 8.07 Client acknowledges that significant changes to the Project or construction schedule or budget, or to the Project's scope may require Additional Services of Landscape Architect. Any changes, which alter the site plan to such a degree as to necessitate revisions to the Landscape Plans, shall be reimbursable at an hourly rate of $90.00 per hour and payable upon receipt of invoice. Initial 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296 -6802' F (951) 296 -6803 E -Mail info RDAlhambraGrouo.net `Web site: www.AlhambraGrouo.not Page z or s E:IAccuu Mine INFOIPropoaaa, Pe rd in81 oonity of Bea umo M- Med!a m.doc 8.08 Reimbursable Expenses are subject to a multiple of 1.20 and include, but are not limited to: reproduction, postage, and handling of documents; authorized travel; and Client requested renderings and models.(Bid Sets provided by Client) 8.09 Landscape Architect shall bill Client for Basic, Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. Payments will be considered past due if not paid by due date on Invoice. An amount equal to 2% per month will be charged on all Past Due Accounts. 8.10 Failure to honor any of the compensation payment schedules justifies suspension and/or cessation of further service. 8.11 Returned Check Policy: There will be a $20.00 charge to all clients with checks returned due to Non Sufficient Funds. 9.00 CONSTRUCTION DOCUMENT PHASE Construction document price quote is based on the start of construction documents within (1) year on the signing of the contract. If the construction documents have not been started within the (1) year period the Landscape Architect reserves the right to renegotiate this fee. 10.00 EXCLUSIONS Excluded Services are not a part of Landscape Architect's Basic or Additional Services and are the responsibility of others. Excluded Services include, but are not limited to, the following: Recycled Water Plan, Color Renderings, all Architectural, Structural Engineering, Soils Engineering & Civil Engineering, Subsurface conditions; soil issues (including suitability for plant material, soil content, level of compaction); lot line location; drainage; utilities' location; signage; security; lighting; and project or construction cost estimates. 11.00 USE AND OWNERSHIP OF LANDSCAPE ARCHITECT'S DOCUMENTS Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect's documents as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. 11.01 The LANDSCAPE ARCHITECT will prepare plans and specifications in accordance with generally accepted professional practices for the intended use of the project and the LANDSCAPE ARCHITECT makes no warranty either express or implied. 12.00 ABANDONMENT OF PROJECT If for any reason the OWNER finds it necessary to abandon the project or terminate the work of the LANDSCAPE ARCHITECT, THE LANDSCAPE ARCHITECT shall be notified in writing and compensated for the percentage of the work completed at the time of receipt of the abandonment notice by the Landscape Architect. 12.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 13.00 WAIVER Failure to strictly enforce any of the provisions of this agreement does not constitute a waiver thereof. Initial 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296 -6802' F (951) 296 -6803 E -Mail info(aAlhambraGrouo. net ' Web site: www.AlhambraGroup.net Page 3 of 5 E:Accounting INFOWmponIs Ped g%2D09%G1ty of a--m- Mod i—doc 14.00 ATTORNEYS' FEES Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. 15.00 LANDSCAPE ARCHITECT REGULATORY The California Board of Landscape Architects regulates Landscape Architects. Any questions concerning a Landscape Architect may be referred to the technical committee @: Landscape Architects Technical Committee, 2420 Del Paso Road, Suite 105 Sacramento, CA 95834. Phone (916) 575 -7230. 16.00 OWNERICLIENTS RESPONSIBILITY FOR MAINTENANCE Owner /Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, [Planting & Irrigation area's] may result in damage to property or persons. Owner /Client further acknowledges and agrees that, as between the parties to this Agreement, Owner /Client is solely responsible for the results of any lack of or improper maintenance. 17.00 TERMINATION 17.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. 17.02 If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. 17.03 Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 18.00 MISCELLANEOUS PROVISIONS This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect, 18.01 This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.02 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. 18.03 Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. 18.04 Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. Initial 41635 Enterprise Circle North Suite C, Temecula, CA 92590 e P (951) 296 -6802 `F (951) 296 -6803 E -Mail info(D.AlhambraGrouo.net' Web site: www.AlhambraGrouo.not Page 6 of 5 E:IAccourding INFMProposab Periding120091City of eeaume M- Media —doc 18.05 Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and /or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. 18.06 Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project. 18.07 To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. 18.08 Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. 19.00 ACCEPTANCE OF CONTRACT Written acceptance of this contract shall constitute a binding contractual agreement between the Alhambra Group (Mr. Vincent Di Donato), and City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Ph (951) 769 -8518 ' Fx (951) 769 -8526 19.01 Contract not valid until the aforementioned firms have executed this agreement. If this agreement is not accepted within ninety days (90), the offer to perform the described services may, in Landscape Architect's sole discretion, be withdrawn and shall be null and void. ACCEPTED BY: OWNER (Signature) X (Print Name) X (Title) X (Company Name) X (Date) The Alhambra Group is pleased to submit this proposal for your consideration. We look forward to the opportunity to work with you on this project. Respectfully submitted, Vincent Di Donato Landscape Architect #2017 Alhambra Group VD /cb 41635 Enterprise Circle North Suite C, Temecula, CA 92590 ` P (951) 296 -6802' F (951) 296 -6803 E -Mail info(tDAlhambraGrouo.net * Web site: www.AlhambraGroup.net Page 5 of 5 E lAcccuMing INFOIPm pow Is Pending1200910ty of Ow—rd- Medium Ooc Form W'9 Request for Taxpayer Give form to the (Rev. January 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name (as shown on your income tax return) rn m Vincent Di Donato o Business name, if different from above o` Alhambra Group N N I o 16 Individual/ Check box: ✓❑ Sole ❑ ❑ ❑ Exempt from backup ❑ appropriate proprietor Corporation Partnership Other ► ------------------ withholding Z Address (number, street, and apt. or suite no.) Requester's name and address (optional) 41635 Enterprise Circle, N Suite C City, state, and ZIP code V Temecula, CA 92590 N List account numbers here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number to enter. 3 13 + 0 15 17 15 15 10 17 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here U.S. person ► Date ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. For federal tax purposes you are considered a person if you are: • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. Foreign person. If you are a foreign person, do not use Form W -9. Instead, use the appropriate Form W -8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Cat. No. 10231X Form W -9 (Rev. 1 -2005) ALHAMBRA GROUP LANDSCAPE ARCHITECTURE License# 2017 PREVAILING HOURLY BILLING RATES As of January 1, 2008 LANDSCAPE ARCHITECTURE: Principal $175 Project Manager $ 150 Project Designer $100 Senior Draftsperson $ 75 Draftsperson $ 50 ADMINISTRATIVE SERVICES: Administrative Assistant Word Processing Operator MISCELLANEOUS SERVICES AND EXPENSES: Mileage Subsistence Outside Services Materials & Other Expenses $ 45 $ 40 0.50 /mile Cost Cost plus 20% Cost plus 20% ALHAMBRA GROUP HOLDS THE FOLLOWING INSURANCE AND AMOUNTS: Liability Insurance $ 1,000,000.00 Professional Liability (Errors & Omissions) $1,000,000.00 These prices shall be valid until January 1, 2009 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296 -6802' F (951) 296 -6803 E -Mail :r `', '6W .. ; . y r -: .,` .-- Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, April 7, 2009 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Cleric's office at 550 E. 6"' Street during normal business hours" WORKSHOP SESSION (This is the portion of the agenda where the city council can review documents and receive clarification on item to be heard on current or future agendas) Workshop began at 4:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tern Dressel, Council Member DeForge, and Council Member Gall were present. Council Member Berg was excused. Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION No Action Taken Closed Session began at 5:00 p.m. Place: Civic Center Conference Room Roll Call: Mayor Fox, Mayor Pro Tem Dressel, Council Member DeForge, and Council Member Gall were present. Council Member Berg was excused. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator — City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8 — 4 h Street $ Beaumont Avenue C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel — Existing Litigation(Govemment Code 54956.9) 1. Outdoor Media Group, Inc. vs. City of Beaumont — Case No. ED CV 03 -01461 RT SGLx 2. Peters vs. City — Case No. RIC 467388 3. Beaumont Citizens for Responsible Growth vs. City of Beaumont — Case No. RIC518058 REGULAR SESSION Regular Session began at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor Fox, Mayor Pro Tem Dressel, Council Member DeForge, and Council Member Gall were present. Council Member Berg was excused. Invocation: Council Member DeForge Pledge of Allegiance: Council Member DeForge Presentation: • Commander Tidwell - VFW - Looking for Assistance in finding a permanent location for the VFW Post • MDA PresentationfThank you • Southern California Council of Governments - Arnold St. Miguel • Certificates of Appreciation for Volunteers of the Bike Classic • Bob Atwood - VFW • Proclamation - National Crime Victims Rights Week • Proclamation - May is Mental Health Month Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: Anyone wishing to address the City Council on any matter not on the agenda of this meeting may do so now The oral communications portion of the agenda is to hear public comments. Anyone wishing to speak on an item on the agenda may do so at the time the Council considers that item. All person(s) wishing to speak must 9 out a 'Request to Speak Form' and give it to the City Clerk at the beginning of the meeting. The forms are available on the table at the back of the room. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox - Update of Appropriations Meetings in DC b) Mayor Pro Tern Dressel - RCA and WRCOG Update C) Council Member Berg - Excused d) Council Member DeForge - Nothing to Report e) Council Member Gall - Nothing to Report 2. CITY MANAGER REPORTS a. Community Information Update 1) Mobile Community Substation 2) Senior Center Update 3) Road Closure Update 4) Transit Update 5) Sustainability Update 6) Lobbying Update - Report on DC Trip b. Local Project Update 1) Community Recreation Center Update 2) Stewart Park Restroom/Snack Bar Renovation C. Calendar of Events 1) Second and Third Wednesday of Each Month - Story Time Cafe 2) April 15 & 16, 2009 - Legislative Action Days - Sacramento 3) April 18 & 19, 2009 - Relay for Life 4) May 7, 2009 - State of the City at Four Season Lodge 5) May 16, 2009 - Ms. Beaumont Queen's Pageant 6) May 30, 2009 - Cherry Festival Car Show 7) May 30, 2009 - Breezin through Beaumont 8) June 4-7, 2009 - Cherry Festival 9) June 13, 2009 - Community Recreation Center Grand Opening 10) Concerts in the Park a) July 4, 2009 -Air Supply b) July 8, 2009 — Pat Benstar C) July 22, 2009 — Disney's High School Musical d) July 29.2009 — KC and the Sunshine Band e) August 5, 2009 — Wilson Phillip d. What's That and Rumor Control e. Report on Oral and Written Communications (City Manager) 1) Update on Fairway Canyon Parks 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting March 17, 2009. C. Approval of the Warrant List for April 7, 2009. d. Approval of Water & Sewer Lines Relocation Project at the Noble Creek Bridge Reconstruction Site — Initial Study/Negative Declaration Addendum e. Approval of Agreements with SunCal Heartland, LLC for Wetlands Mitigation f. Approval for American Crown Circus to hold a circus at Beaumont Swap Meet on April 15, 2009 g. Authorization for the Mayor to sign Lot Line Adjustment 09- LLA-04 — Location: Cherry Valley Acres Lane & Shane Lane. h. Approval of a one -year extension for Tentative Tract Map No. 29267 (a Portion of the Noble Creek Speck Plan, West of Beaumont Avenue and North of Oak Valley Applicant: Noble Creek Meadows, LLC i. Approval of Stream Restoration Project for an Unnamed Tributary of Marshall Creek and Associated Initial Study /Negative Declaration j. Approval Agreement and Task Order for Landscaping Design Services — Oak Valley Parkway West Medians k. Approval of the Termination of the Development Agreement for Beaumont Motorcycle I. Authorization to Accept a Grant Deed for a Portion of Noble Creek Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member DeForge, Seconded by Council Member Dressel to approve the Consent Calendar as presented. Vote: 4/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Resolution No. 2009 -13 —Animal Service Fees Recommendation: Hold a Public Hearing and Adopt Resolution No. 2009 -13 as presented. Staff report was given by Frank Coe, Chief of Police. Open Public Hearing 6:37 p.m. No Speakers Closed Public Hearing 6:37 p.m. Motion by Council Member DeForge, Seconded by Council Member Dressel to adopt Resolution No. 2009 -13 as presented. Vote: 410 b. Resolution Expanding the Economic Stimulus and Neighborhood Improvement Programs and Property Tax Relief Stimulus Program Recommendation: Adoption of the Resolution No. RDA 2009 -02 and Approval of the Project Progress Report, and Authorization of the Mayor to execute the Project Progress Report and of the Executive Director to expend funds to implement the Neighborhood Improvement Program and approval of the Property Tax Relief Stimulus Program Staff report was given by Dave Dillon, Economic Development Director and Alan Kapnicas, City Manager. Motion by Council Member Dressel, Seconded by Council Member Gall to adopt Resolution No. RDA 2009 -02 and Approval of the Project Progress Report, and Authorization of the Mayor to execute the Project Progress Report and of the Executive Director to expend funds to implement the Neighborhood Improvement Program and approval of the Property Tax Relief Stimulus Program. Vote: 4/0 C. Consideration by the City Council of forming the Beaumont Charitable Foundation Recommendation: Discuss and Direct Staff. If Council directs staff to proceed, the Foundation Articles of Incorporation and By -Laws will be drafted and brought back to Council approval at a future meeting. Staff report was given by Alan Kapanicas, City Manager Council directed staff to move forward and bring back to Council for consideration. d. Submittal of Grant to Utilize COPS Funding to fill Vacant Police Officer Positions (American Recovery and Reinvestment Act of 2009) Recommendation: Approve as presented. Staff report was given by Frank Coe, Chief of Police. Motion by Council Member DeForge, Seconded by Council Member Gall to authorize the Chief to submit the grant application for consideration. Vote: 4/0 Adjournment of the City Council Meeting at 6:49 p.m. City Ma 3/4/09 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR Landscape Architecture Design Services — Sixth Street Medians THIS AGREEMENT is made and effective as of the 30th day of June, 2009, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6`h Street, Beaumont, California 92223 and ALHAMBRA GROUP, whose address is 41635 Enterprise Circle North, Suite C, Temecula, California 92590, telephone 951- 296 -6802, fax 951- 296 -6803 e -mail info @alhambragroup.net, Fed. Tax Id. No. 330575507 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of assisting the OWNER with landscape architecture services. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until June 30, 2010, unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Page 1 of 8 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 45 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. If, however OWNER has a disagreement about the amount of the payment application, the OWNER will notify CONTRACTOR in writing, within 15 days of receipt of invoice of the reasons for the 's disagreement. Obligations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From Page 2 of 8 time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $1,000,000.00 per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required � ; Obtain a policy of errors and omissions insurance in a minimum amount of $ (N /A) per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and /or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "AN11 ") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. CONTRACTOR acknowledges that OWNER would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect OWNER as set forth here. Page 3 of 8 V40 5.05.1 To the full extent permitted by law, CONTRACTOR shall, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and /or CONTRACTOR's agents and /or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all- inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Page 4 of 8 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug_ free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. Page 5 of 8 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. 8. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents Page 6 of 8 and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents, Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment Page 7of8 will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CITY OF BEAUM 131�G y6i, City CONTRACTOR: ALHAMBRA GROUP By V111 ai t� Vincent Di Donato, Owner Page 8 of 8 3/4/09 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER (Landscape Architecture Services — Sixth Street Medians) TASK ORDER NO.: One CONTRACTOR: Name: ALHAMBRA GROUP Address: 41635 Enterprise Circle North, Suite C Temecula, California 92590 Telephone: 951- 296 -6802 Fax: 951- 296 -6803 E -mail: info @alhambragroup.net Fed. Tax Id.: 330575507 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and ALHAMBRA GROUP ( "CONTRACTOR ") dated May 4, 2009 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following tasks: a. Prepare landscaping and irrigation plans, specifications and bid documents for Oak Valley Parkway West medians as described in the Proposal dated March 30, 2009, attached hereto as part of Exhibit A. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 20 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before December 31, 2009. 3. Liaison of OWNER. Mr. Deepak Moor ani, Public Works Director shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: Vincent Di Donato, Owner 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: August 15, 2009: CONTRACTOR shall prepare and submit to OWNER two sets of preliminary plans; Page 1 of 3 September 30, 2009: CONTRACTOR shall prepare and deliver to OWNER two sets of final plans, specifications and bid documents. 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed sum of $19,875.00 based on time and materials charged in accordance with the Hourly Rate Schedule attached hereto as part of Exhibit A. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall/ � shall not /be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: Miscellaneous Matters. The following additional matters are made a part of this Task Order: CONTRACTOR anticipates organizing up to 3 field observations and 3 meetings for which CONTRACTOR shall prepare agendas, attend meetings, and conduct follow - up tasks as needed. Attendance at additional meetings may require an amendment to the project budget. IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. CITY OF BEAMONT r _ Dated: ` 3- ©� By / 21, or, ity Coq Dated: CONTRACTOR: ALHAMBRA GROUP By 4 Z�" Vin ent Di Donato, Owner Page 2 of 3 Exhibit A Proposal and Hourly Rate Schedule Page 3 of 3 ALHAMBRA GROUP LANDSCAPE ARCHITECTURE License# 2017 AGREEMENT BETWEEN OWNER AND LANDSCAPE ARCHITECT May 4, 2009 1.00 DESCRIPTION OF SERVICES The Alhambra Group (Landscape Architects) shall provide construction documents and professional services required for the landscape development of Sixth Street Medians West of Xenia and Highland Springs in the City of Beaumont, California described herein: 2.00 SCOPE OF WORK Landscape Development Plans for areas shown on plans provided by Urban Logic Consultants, Inc.. 2.01 Review site plan for conformance to Municipalities Landscape area requirements. 2.02 Utilize Engineers AutoCAD base sheet at scale required. 2.03 Research & Measurement a. Site Visits/ Inventory b. Obtain all available documentation. 2.04 Schematic Design Phase: a. Prepare conceptual landscape plan for City Approval. b. Prepare Color Concept Exhibits. 2.05 Analysis a. Analyze information obtained from all reports & contacts. 2.06 Construction Document Phase: a. Formalize the conceptual landscape plan into construction documents that detail the Project's construction requirements. b. Prepare construction documents to include: L Construction Plans Including Dimensioning for Hardscape & Details. ii. Planting plans. iii. Irrigation plans. iv. Planting & Irrigation details & specifications. v. Budget Estimate & Water Use Calculations. 2.07 Construction Phase: a. Provide clarifications to drawings and/ or specifications when required. b. Review required contractor submittals, such as shop drawings and samples, but only to determine if they conform to the Landscape Architect's visual and aesthetic design intent. 3.00 INFORMATION TO BE PROVIDED BY OTHERS Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. All necessary architectural and engineering plans and designs required by the Landscape Architect to complete his work including, but not limited to, the following: 3.01 Site hardscape layouts and details (roadways, curbs, walls, etc.). 3.02 Site grading elevations and slope face locations. 3.03 Final site building pad locations and elevations. 3.04 Site electrical and utility layouts. 41635 Enterprise Circle North Suibe C. Temecula, CA 92590' P (951) 296 -6802' F (951) 296 -6803 E -Mail irfo;dAlhambraGrouo.net *Web site: www.AlhambraGrouo.net Page 1 015 EIP —ridng 1NFWmpmk PwWkV lODAtity of Berm d- Sixth StrM W EYm.doc 3.05 Client agrees to provide the items described in Article 3.00 and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. 4.00 TIME OF PERFORMANCE Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. The Landscape Architect agrees to commence work within three weeks once the site plan conforms to Municipalities Landscape area requirements. The services of the Landscape Architect will be coordinated with the client and undertaken in a sequence to assure their timely completion. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Landscape drawings will and may not progress until the site plan conforms to item 2.01. 4.01 Upon commencement of work, conceptual landscape plan (if applicable) to be completed and released to project coordinator within two weeks. 4.02 If site revisions occur, landscape plans will reflect the revision two weeks after receipt of correct site plan from engineer. 4.03 If City/County required revisions occur, landscape plans will reflect the revision and be prepared for re- submittal within two weeks of receiving the red line plans from the City/County. 5.00 FIELD OBSERVATIONS The Landscape Architect shall provide the following field observations during construction, although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies: 5.01 (3) Field Observations. 5.02 Field Observations per owners request ($350.00 Minimum per Visit). 6.00 MEETINGS The Landscape Architect shall provide the following Meetings: 6.01 (6 hrs) for Coordination/ Team Meetings. 6.02 Additional Meetings per owners request ($175.00 /Hour —1 hour minimum). 7.00 PROCESSING AND APPROVAL The owner or his representative shall obtain and pay for all landscape related permits, application fees and bonds necessary from authorities with jurisdiction over the Project, and is responsible for the submittal of plans. 7.01 The landscape construction documents shall conform to all pertinent City of Murrieta codes and requirements. 8.00 COMPENSATION AND FEE SCHEDULE v,rp As of the date of this agreement Compensation for this project shall be $119875.00 (Ninteen thousand eight hundred seventy five dollars) and payable per the following invoice submittals. Construction Document Phase: 8.01 Schematic Design Phase $ 2,000.00 8.02 Preparation of Construction Document Phase $14,500.00 8.03 (6 Hrs) for Coordination/ Team Meetings $ 1,050.00 8.04 (3) Field Observations $ 1,575.00 8.05 Construction Phase $ 250.00 8.06 Reimbursable Expenses $ 500.00 TOTAL $19,875.00 8.07 Client acknowledges that significant changes to the Project or construction schedule or budget, or to the Project's scope may require Additional Services of Landscape Architect. Any changes, which after the site plan to such a degree as to necessitate revisions to the Landscape Plans, shall be reimbursable at an hourly rate of $90.00 per hour and payable upon receipt of invoice. 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296-6802' F (951) 296 -6803 E -Mail irfofa�AlharnbraGrouo.net' Web site: www.AlhambraGrouo.net Papa 2 d S E %Aa utIDp I FOWOp=11 PWWWq 2QWCdy on Bawan M. SIM Strad Wbrwd. 8.08 Reimbursable Expenses are subject to a multiple of 1.20 and include, but are not limited to: reproduction, postage, and handling of documents; authorized travel; and Client requested renderings and models.(Bid Sets & Mylars provided by Client) 8.09 Landscape Architect shall bill Client for Basic, Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. Payments will be considered past due if not paid by due date on Invoice. An amount equal to 2% per month will be charged on all Past Due Accounts. 8.10 Failure to honor any of the compensation payment schedules justifies suspension and /or cessation of further service. 8.11 Returned Check Policy: There will be a $20.00 charge to all clients with checks returned due to Non Sufficient Funds. 9.00 CONSTRUCTION DOCUMENT PHASE Construction document price quote is based on the start of construction documents within (1) year on the signing of the contract. If the construction documents have not been started within the (1) year period the Landscape Architect reserves the right to renegotiate this fee. 10.00 EXCLUSIONS Excluded Services are not a part of Landscape Architect's Basic or Additional Services and are the responsibility of others. Excluded Services include, but are not limited to, the following: Recycled Water Plan, Color Renderings, all Architectural, Structural Engineering, Soils Engineering & Civil Engineering, Subsurface conditions; soil issues (including suitability for plant material, soil content, level of compaction); lot line location; drainage; utilities' location; signage; security; lighting; and project or construction cost estimates. 11.00 USE AND OWNERSHIP OF LANDSCAPE ARCHITECT'S DOCUMENTS Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect's documents as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. 11.01 The LANDSCAPE ARCHITECT will prepare plans and specifications in accordance with generally accepted professional practices for the intended use of the project and the LANDSCAPE ARCHITECT makes no warranty either express or implied. 12.00 ABANDONMENT OF PROJECT If for any reason the OWNER finds it necessary to abandon the project or terminate the work of the LANDSCAPE ARCHITECT, THE LANDSCAPE ARCHITECT shall be notified in writing and compensated for the percentage of the work completed at the time of receipt of the abandonment notice by the Landscape Architect. 12.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 13.00 WAIVER Failure to strictly enforce any of the provisions of this agreement does not constitute a waiver thereof. 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296.6602' F (951) 2% -6603 E -Mai irfoeAlhambraGrouo.net *Web site: www.AihambraGrouo.net PI" S"S E:Vkmuft IFOVrop .Ws PwidYglt WZRy W B�Wmt -SIM Shd M-d rdx 14.00 ATTORNEYS' FEES Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. 15.00 LANDSCAPE ARCHITECT REGULATORY The Caifomia Board of Landscape Architects regulates Landscape Architects. Any questions concerning a Landscape Architect may be referred to the technical committee @: Landscape Architects Technical Committee, 2420 Del Paso Road, Suite 105 Sacramento, CA 95834. Phone (916) 575 -7230. 16.00 OWNER/CLIENTS RESPONSIBILITY FOR MAINTENANCE Owner /Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, [Planting & Irrigation area's] may result in damage to property or persons. Owner /Client further acknowledges and agrees that, as between the parties to this Agreement, Owner /Client is solely responsible for the results of any lack of or improper maintenance. 17.00 TERMINATION 17.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. 17.02 If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. 17.03 Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 18.00 MISCELLANEOUS PROVISIONS This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.01 This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.02 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. 18.03 Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. 18.04 Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. 41635 Enterprise Circle North Suile C, Temecula, CA 92590' P (951) 296 -6802' F (951) 296 -6803 E -Mail irfaA.IhambraGrouo.net' Web site: www.,4ihambraGrouo.net Papa 4 of S E:U1 —ftg BFOWmpmh PeditliOD" of Bw—t- 5110 Sfnd Mlft -d- 18.05 Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attomeys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architects negligent errors or omissions. 18.06 Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project 18.07 To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. 18.08 Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. 19.00 ACCEPTANCE OF CONTRACT Written acceptance of this contract shall constitute a binding contractual agreement between the Alhambra Group (Mr. Vincent Di Donato), and City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Ph (951) 769 -8518 ' Fx (951) 769 -8526 19.01 Contract not valid until the aforementioned firms have executed this agreement. If this agreement is not accepted within ninety days (90), the offer to perform the described services may, in Landscape Architect's sole discretion, be withdrawn and shall be null and void. ACCEPTED BY: OWNER: X (Signature) X (Print Name) X (Title) X (C(mpany Name) X (Date) The Alhambra Group is pleased to submit this proposal for your consideration. We look forward to the opportunity to work with you on this project. Respectfully submitted, Vincent Di Donato Landscape Architect #2017 Alhambra Group VD /cb 41635 Enterprise Circle North Suite C, Temecula, CA 92590' P (951) 296 -6602' F (951) 296 -6603 E -Mail irfo aAlhambraGrouo.net' Web site: www.AihambraGrouanet Pape s of s Em —finp BFOWopoaab Powwaveff ty or Ba wt- sixth shsar Mod— d- 0-) CITY OF BEAUMONT PROJECT PROGRESS REPORT LANDSCAPED MEDIANS - OAK VALLEY PARKWAY WEST Fund Project Name: Landscaped Medians — Oak Valley Source: Transportation Funds Parkway West Contract April 7, 2009 Contractors: Alhambra Group Date: Const. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: $30,295.00 Project Start Date: March 2009 Report Period: April 2009 Work Completed During Report Period: Prepared proposal for landscape architecture services. Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Prepare plans, specifications and bid documents for landscaped medians in Oak Valley Parkway between Desert Lawn Drive and Palmer Avenue. Report App owed by ,,\ or's ignatu Date of City Council Approval Beaumont City Council Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, June 30, 2009 Page 1 of 7 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 61h Street during normal business hours" WORKSHOP SESSION (This is th"ortion of the agenda where the city council can review documents and receive clarification on item to be heard on current or future agendas) 1) Pass Area Fire Service information 2) Southern California Council of Governments (SCAG) Presentation - Bonnie Flickenger - SCAG Representative Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION - City Council has voted to entry into, an agreement to purchase property locat Grace. Ave._ in the amount of 44 1000,000 .00 and Authorizes the Mayor to execute the agreement. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator - City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8 - 650 Magnolia Avenue & 500 Grace Avenue C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation - Conference with Legal Counsel - Existing Litigation(Government Code 54956.9) Beaumont City Council Page 2 of 7 1. Outdoor Media Group, Inc. vs. City of Beaumont - Case No. ED CV 03 -01461 RT SGLx 2. Peters vs. City - Case No. RIC 467388 3. Beaumont Citizens for Responsible Growth vs. City of Beaumont - Case No. RIC518058 4. Cherry Valley Acres and Neighbors vs Sunny Cal - Case RIC 480954 REGULAR SESSION Roll Mayor Fox, Mayor Pro Tern Dressel, Council Member Berg, Call: Council Member DeForge, and Council Member Gall were present. Invocation - Council Member DeForge_ Pledge of Allegiance - Council Member DeForge Presentation: Swing Away for MDA Softball Tournament Check Presentation -_$5 000 Check presented. Adjustments to Agenda: None Oral and Written Communications: Nancy Hall - Opposed to the Tattoo and Piercing Business which is coming before the City Council Stan Owens - Asked for donation for Beaumont Stealth Baseball Club Stan Owens - Requesting donation for Stealth Baseball Team 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox - WRCOG Meeting, Community Recreation Center Opening. Fourth of July Celebration b) Mayor Pro Tem Dressel - None c) Council Member Berg_RCTC d) Council Member DeForge - Dedication of Basketball Court, MDA Golf Toumament e) Council Member Gall - None Beaumont City Council 2. CITY MANAGER _REPORTS a. Community Information Update 1) Mobile Community Substation - 4th of J 2) Senior Center Update 3) Road Closure Update 4) Sustainability Update 5) Transit Update b. Local Project Update 1) Community Recreation Center Update - Open and in full operation c. Calendar of Events Page 3 of 7 1) Second and Third Wednesday of Each Month - Story Time Cafe 2) July 4, 2009 - Pyro- Spectacular Fireworks Display /Music by Air Supply 3) Concerts in the Park a) July 8, 2009 - Pat Benatar b) July 22, 2009 - Disney's High School Musical c) July 29, 2009 - KC and the Sunshine Band d) August 5, 2009 - Wilson Phillips d. Financial Update e. What's That and Rumor Control f. Report on Oral and Written Communications (City Manager) 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting June 2, 2009. c. Approval of the Warrant List for June 30, 2009. Beaumont City Council Page 4 of 7 d. Denial of Claim - Tammy Leviege e. Denial of Claim - Valerie Jean Cashmer f. Approval of a One Year Time Extension on Tentative Tract Map No. 28988 (West of Beaumont Avenue South of Brookside). g. Approval of the City Personnel Manual. (Supersedes June, 2008 version) h. Resolution No. 2009 -24 - A Resolution of the City Council of the City of Beaumont, California, Decertifying the Final Environmental Impact Report; Rescinding Adoption of Findings, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, Specific Plan No. 07 -02, Pre - Zoning Ordinance No. 924, Development Agreement Ordinance No. 925, and Request for the Local Agency Formation Commission to Initiate Annexation Proceedings as to The Legacy Highlands Specific Plan, Site Plan, Land Division, Annexation, Pre - Zoning And Zoning i. Approve Commerce Bank Account Payable Agreement, Authorize the City Manager to Execute the Agreement, and Designate the City Manager and Finance Director as authorized personnel to obtain the credit card account as per the attached Commerce Bank Resolution and authorize the City Clerk to sign the Resolution. j. Designation of the Mayor and Mayor Pro Tern as the Voting Delegates for the League of California Cities Annual Conference to be held September 16 -18, 2009. k. Approval to participate in the Riverside County Mortgage Certificate (MCC) Program. I. Approval of Change Order and Project Progress Report for the Secondary Parking Lot at the Albert A. Chatigny Community Recreation Center. m. Approval of Agreement, Task Order, and Project Report for "Landscape Design Services - Sixth Street' and Authorize the Mayor to execute the Agreement subject to the authority of the City Attorney to make non - substantive changes. n. Approval of a Deposit Agreement with the Inland Empire Resource Conservation District. Recommendation: Approval of the Consent Calendar as presented. Motion by Council Member DeForge, Seconded by Council Member Berg to approve the Consent Calendar as presented. 5/0 4. ACTION ITEMSIPUBLIC HEARING /REQUESTS Beaumont City Council Page 5 of 7 a. Ordinance No. 956 - An Urgency Ordinance of the City Council of theC ity of Beaumont. California Extending for 10 Months and 15 Days the Terms and Conditions. of Ordinance No. 954, As Amended by Ordinance No. 955, Declaring a Moratorium of the Approval of the Collective Cultivation and /or Distribution of Medical Marijuana within the City to Allow the City Council time to study and consider enactment of Development_ Standards, Recommendation: Hold a Public hearing and Approve Urgency Ordinance No. 956 as presented. Staff Report was given by Joe Aklufi, City Attorney Open Public Hearing 6:26 p. m. No Speaker Closed Public Hearing 6:26 p. m. Motion by Council Member Berg, Seconded by Council Member Dressel to Approve the first reading of Ordinance No. 956 as presented. Vote: 5/0 b. Ordinances and Resolutions Adding Chapter 10.06 - Curb Markings: Adding Chapter 10.14 - _Commercial Vehicles on Cif Streets: Adding Chapter 10.08, 095 - Penalty for Violations: Adding Chapter 10.24.070 - Penaky for Violations; and Ordinance 555 - Repealed: Resolution 1972 -17 - Repealed', Resolution 2009 -24._ Ordinance No. 953 - An Ordinance of the City Council of the City_ of Beaumont. -California Adding Chapter 10. 06. entitled "Curb Markings', '" to the Beaumont Municipal Code_. Ordinance No._ 957 - An Ordinance of the City Council of the City of Bgaumorrt California _Adding Chapter 10.14 entitled. "Commercial Vehicles on City Streets" to the Beaumont_Municipal Code and Repealing Ordinance No. 555 regulating the use of City Streets by commercial vehicles. No. _958 - An Ordinance of the City Council of the City of Beaumont, California adding Section 10.08.095, entitled "Penalty for Violations" to Chapter 10.08 of the Beaumont Municipal Cod :and amending Section 10.24.070. entitled Violation—Penalty" and, repealing Chap er9.32,_entitled "Violations- Penalty" of the Beaumont Municipal_ Code in its entirety. Open Public Hearing at 6:26 p. m. Motion by Council Member DeForge, Second by Council Member Berg to Continue to the regular meeting of August 4, 2009 at 6:00 p. m. Vote: 5/0 c. Short Range Transit Plan Recommendation: Hold a Public Hearing and Approve the Short Range Transit Plan for FY 200912010. Beaumont City Council Page 6 of 7 Staff Report was given by Elizabeth Urtiaga, Resources Director Open Public Hearing 6:34 p. m. No Speaker Closed Public Hearing 6:34 p. m. Motion by Council Member Gall, Seconded by Council Member DeForge to approve the Short Range Transit Plan as presented. Vote: 5/0 d. Reduction in Waste Management Trash Collection - Commercial Recommendation: Approve the Rate Schedule effective July 1, 2009 Staff Report was given by Alan Kapanicas, City Manager Open Public Hearing 6:36 p. m. No Speakers Closed Public Hearing 6:36 P. M. Motion by Council Member Dressel, Seconded by Council Member Gall to approve the reduction in Waste Management Commercial Fees. Vote: 5/0 e. Interim_ Funding for Additional Fire Services to be provided from Station 20 Recommendation: Authorize funding up to $500,000 from the General Fund and or General Fund Reserves Staff Report was given by Andrew Bennett, Battalion Chief. Speakers: Bill Dickson - Thank the City for their continued cooperation with the Fire Department. Motion by Council Member DeForge, Council Member Gall to approve with the condition that a plan be submitted by the City of Banning at the next regular meeting to show an overall financial plan for upcoming years on funding for this engine. Vote: 5/0 f. Approval of Beaumont Charitable Foundation Bylaws. Articles of Incorporation, and Action by. the.,aoard of Directors. Recommendation: Approve the Foundation's Articles of Incorporation, By -Laws, and Action by the Board of Directors. Direct staff to file necessary documents with the California Secretary of State and Internal Revenue Service. . Staff report was given by Alan Kapanicas, City Manager. Beaumont City Council Page 7 of 7 Motion by Council Member Berg, Seconded by Council Member DeForge to Approve as presented. Vote: 5/0 Adjournment of the City Council Meeting at 6:55 p.m. CITY OF BEAUMONT PROJECT PROGRESS REPORT LANDSCAPED MEDIANS — SIXTH STREET Fund Project Name: Landscaped Medians — Sixth Street Source: Transportation Funds Contract June 30, 2009 Contractors: Alhambra Group Date: Const. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: $19,875.00 Project Start Date: April 2009 Report Period: June 2009 Work Completed During Report Period: Prepared proposal for landscape architecture services. Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Prepare plans, specifications and bid documents for landscaped medians in Sixth Street between Highland Springs Avenue and Illinois Avenue. Report Ap Signature by: Date of City Council Approval AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR Landscape Architecture Design Services — Marshall Creek Bikeway & Slope Areas between Cherry Valley Acres and Cougar Way THIS AGREEMENT is made and effective as of the 1 st day of September, 2009, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6`h Street, Beaumont, California 92223 and ALHAMBRA GROUP, whose address is 41635 Enterprise Circle North, Suite C, Temecula, California 92590, telephone 951- 296 -6802, fax 951- 296 -6803 e-mail info @alhambragroup.net, Fed. Tax Id. No. 330575507 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of assisting the OWNER with landscape architecture services. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until September 1, 2010, unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Marshall Creek Bikeway & Slope Areas Project 9/01/09 Page 1 of 8 time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $1,000,000.00 per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required 4 ; Obtain a policy of errors and omissions insurance in a minimum amount of $ N/A per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER's), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "AMI ") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. Marshall Creek Bikeway & Slope Areas Project D.,..o Z ..F 4 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. Marshall Creek Bikeway & Slope Areas Project D" c .,f Q and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents: Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assignor otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment Marshall Creek Bikeway & Slope Areas Project D- 7 nF 4 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER Landscape Architecture Services Marshall Creek Bikeway & Slope Areas between Cherry Valley Acres and Cougar Way TASK ORDER NO.: One CONTRACTOR: Name: Address: Telephone: Fax: E -mail: Fed. Tax Id. ALHAMBRA GROUP 41635 Enterprise Circle North, Suite C Temecula, California 92590 951- 296 -6802 951- 296 -6803 info@alhambragroup.net 330575507 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and ALHAMBRA GROUP ( "CONTRACTOR") dated September 1, 2009 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following tasks: a. Prepare landscaping and irrigation plans, specifications and bid documents for Marshall Creek Bikeway & Slope Areas Improvement Project as described in the CONTRACTOR's Proposal dated June 30, 2009, attached hereto as part of Exhibit A. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 20 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before December 31, 2009. 3. Liaison of OWNER. Mr. Deepak Moor ani, Public Works Director shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assignments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: Vincent Di Donato, Owner (See Contractor Address Above) 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: On September 30, 2009 CONTRACTOR shall prepare and submit to OWNER two sets of preliminary plans, and, on November 30, 2009 CONTRACTOR shall prepare and deliver to OWNER two sets of final plans, specifications and bid documents. Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 Page 1 of 3 Exhibit A CONTRACTOR'S SOURLY RATES ALHAMBRA GROUP LANDSCAPE ARCHITECTURE License 2017 PREVAILING HOURLY SLUNG RATES As of January 1, 218 UwS;CAIW MiCHITEMRE: Principal $175 Project Manager $150 Project Designer $100 Senior Draftsperson S75 DraAsperson $50 Aoiwrlmmm SOiVI M Adrninis4r,ta Assistant $45 'Mad Processing Operates $ 40 MMLLAMMS SEMMES mo, EXPENSES: Map 0, 50,hnile Subsislencre Cast Outside Services Cost pus 20% Materials S Other Expenses Cosl plus 20% ALMWRA GROUP HOLDS THE FOL OyMNO INSURANCE miD Allows- Liability Insurance b 1,000,000.00 Professional Liability (Errors A Omissions) $1,000,000.00 Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 Page 3 of 3 4.00 TIME OF PERFORMANCE Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. The Landscape Architect agrees to commence work within three weeks once the site plan conforms to Municipalities Landscape area requirements. The services of the Landscape Architect will be coordinated with the client and undertaken in a sequence to assure their timely completion. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Landscape drawings will and may not progress until the site plan conforms to item 2.01. 4.01 Upon commencement of work, conceptual landscape plan (if applicable) to be completed and released to project coordinator within two weeks. 4.02 If site revisions occur, landscape plans will reflect the revision two weeks after receipt of correct site plan from engineer. 4.03 If City/County required revisions occur, landscape plans will reflect the revision and be prepared for re- submittal within two weeks of receiving the red line plans from the City/County. 5.00 FIELD OBSERVATIONS The Landscape Architect shall provide the following field observations during construction, although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies: 5.01 (3) Field Observations. 5.02 Field Observations per owners request ($350.00 Minimum per Visit). 8.00 MEETINGS The Landscape Architect shall provide the following Meetings: 6.01 (6 hrs) for Coordination/ Team Meetings. 6.02 Additional Meetings per owners request ($175.00/Hour — 1 hour minimum). 7.00 PROCESSING AND APPROVAL The owner or his representative shall obtain and pay for all landscape related permits, application fees and bonds necessary from authorities with jurisdiction over the Project, and is responsible for the submittal of plans. 7.01 The landscape construction documents shall conform to all pertinent City of Beaumont codes and requirements. 8.00 COMPENSATION AND FEE SCHEDULE As of the date of this agreement Compensation for this project shall be $ 14,375.00 (Fourteen thousand three hundred seventy five dollars) and payable per the following invoice submittals. Constriction Document Phase: 8.01 Schematic Design Phase $ 1,500.00 8.02 Preparation of Construction Document Phase $ 9,500.00 8.03 (6 Hrs) for Coordination/ Team Meetings $ 1,050.00 8.04 (3) Field Observations $ 1,575.00 8.05 Construction Phase $ 250.00 8.06 Reimbursable Expenses $ 500.00 TOTAL $ 14,375.00 8.07 Client acknowledges that significant changes to the Project or construction schedule or budget, or to the Project's scope may require Additional Services of Landscape Architect. Any changes, which alter the site plan to such a degree as to necessitate revisions to the Landscape Plans, shall be reimbursable at an hourly rate of $90.00 per hour and payable upon receipt of invoice. 8.08 Reimbursable Expenses are subject to a multiple of 1.20 and include, but are not limited to: reproduction, postage, and handling of documents, authorized travel, and Client requested renderings and models. (Bid Sets provided by Client) 41635 EnWpdse ck,.6 North Suite C, T.r hk G 92590' P (951) 2966=02 • F (951) 2066803 E-" W*dkAlhsnbmGroun.o9' w.b •[o: IINL l:NSr•Yiry MOMAN�Y ►M�lOOMEq N/�r.r•1. frNr OrrY.ie Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 2 15.00 LANDSCAPE ARCHITECT REGULATORY The California Board of Landscape Architects regulates Landscape Architects. Any questions concerning a Landscape Architect may be referred to the technical committee @: Landscape Architects Technical Committee, 2420 Del Paso Road, Suite 105 Sacramento, CA 95834. Phone (916) 575 -7230. 18.00 OWN RICA -01 S RESPONSIBILITY FOR MAINTENANCE Owner /Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, [Planting & Irrigation area's] may result in damage to property or persons. Owner/Client further acknowledges and agrees that, as between the parties to this Agreement, Owner/Client is solely responsible for the results of any lack of or improper maintenance. 17.00 TERMINATION 17.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. 17.02 If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. 17.03 Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 18.00 MISCELLANEOUS PROVISIONS This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.01 This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.02 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. 18.03 Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. 18.04 Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction meads, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. 18.15 Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, inducing, but not limited to, reasonable attomeyd fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of arty damages or losses to property or persons, inducing injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. 18.06 Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project.. 41635 C-r/trprieo Girl. NoM Sub C. T�* CA 92500 • P (951) 2968802 • F (051) 2966803 E-Mril In QOAhmrnbm0ftuo.nol' w*b sb: n .AOrnbr�Grouo.nN Pip• Ni CIA wnnYlt trrotia"� ►oWhry000pGy N�4W� �.as Marshall Creek Bikeway a Slope Areas Project 9/01/09 Limits of Work 1, g,- i ae sue ea.o Marshall Creek Bikeway a Slope Areas Project 9/01/09 6 AGREEMENT FOR SERVICES BY INDEPENDENT CONTRACTOR Landscape Architecture Design Services — Marshall Creek Bikeway & Slope Areas between Cherry Valley Acres and Cougar Way THIS AGREEMENT is made and effective as of the 1 st day of September, 2009, by and between the CITY OF BEAUMONT ( "OWNER ") whose address is 550 E. 6th Street, Beaumont, California 92223 and ALHAMBRA GROUP, whose address is 41635 Enterprise Circle North, Suite C, Temecula, California 92590, telephone 951- 296 -6802, fax 951- 296 -6803 e-mail info @alhambragroup.net, Fed. Tax Id. No. 330575507 ( "CONTRACTOR "). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. OWNER desires to engage the services of CONTRACTOR to perform such services as may be assigned, from time to time, by OWNER in writing for the purpose of assisting the OWNER with landscape architecture services. B. The specific services to be performed by CONTRACTOR shall be described in one or more written Task Orders issued by OWNER to CONTRACTOR pursuant to this Agreement. C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and has represented and warrants to OWNER that CONTRACTOR possesses the necessary skills, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, OWNER and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until September 1, 2010, unless extended or sooner terminated as provided for herein. 2. Services to be Performed by CONTRACTOR. CONTRACTOR agrees to provide such services as may be assigned, from time to time, in writing by the City Council of OWNER. Each such assignment shall be made in the form of a written Task Order. Each such Task Order shall include, but shall not be limited to, a description of the nature and scope of the services to be performed by CONTRACTOR, the amount of compensation to be paid, and the expected time of completion. Marshall Creek Bikeway & Slope Areas Project 9/01/09 Page I of 8 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform each such assignment; provided, however, that CONTRACTOR shall not subcontract any of the work to be performed without the prior written consent of OWNER. 4. Compensation. 4.01 In consideration for the services to be performed by CONTRACTOR, OWNER agrees to pay CONTRACTOR as provided for in each Task Order. 4.02 Each Task Order shall specify a total not -to- exceed sum of money and shall be based upon CONTRACTOR's schedule of regular hourly rates customarily charged by CONTRACTOR to its clients. 4.03 OWNER may reimburse CONTRACTOR for reasonable and necessary expenses incurred by CONTRACTOR in the performance of services for OWNER. Reimbursement shall be according to a schedule of reimbursable expenses included in each Task Order. 4.04 CONTRACTOR shall not be compensated for any services rendered nor reimbursed for any expenses incurred in excess of those authorized in any Task Order unless approved in advance by the City Council of OWNER, in writing. 4.05 Unless otherwise provided for in any Task Order issued pursuant to this Agreement, CONTRACTOR agrees that payment of compensation earned shall be made in monthly installments within 45 business days after receipt of a detailed, corrected, written invoice describing in reasonable detail, to the extent applicable, the services performed, the time spent performing such services, the hourly rate charged therefor, the identity of individuals performing such services for the benefit of OWNER, and materials consumed or used. Such invoice shall also include a detailed itemization of authorized expenses incurred. 5. Oblivations of Contractor. 5.01 CONTRACTOR agrees to perform all assigned services in accordance with the terms and conditions of this Agreement and those specified in each Task Order. 5.02 Except as otherwise provided for in each Task Order, CONTRACTOR will supply all personnel, materials and equipment required to perform the assigned services. 5.03 CONTRACTOR shall keep OWNER informed as to the progress of the work assigned hereunder, by means of regular and frequent consultations. From Marshall Creek Bikeway & Slope Areas Project Dunn 7 nF 9 time -to -time, when requested by the OWNER, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the services assigned by OWNER. Therefore, CONTRACTOR hereby covenants and agrees to: a. Obtain a comprehensive general liability insurance policy in an amount of not less than $1,000,000.00 per occurrence for all coverage naming OWNER as an additional insured; b. Optional Insurance Coverage: Choose and check one: Required _/Not Required � ; Obtain a policy of errors and omissions insurance in a minimum amount of $ (__N/A ) per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any services for OWNER; C. Comply with all applicable local (including OWNER'S), state and federal laws, rules and regulations regarding, by way of example and not by limitation, nondiscrimination and payment of wages; d. Provide worker's compensation insurance for CONTRACTOR's employees and agents with limits as prescribed by law and custom. CONTRACTOR waives all rights of subrogation against OWNER. Evidence of all insurance coverage shall be provided to OWNER prior to issuance of the first Task Order. Such policies shall be issued by a highly rated insurer (minimum Best's Ins. Guide rating of "A:VII ") licensed to do business in California, and shall provide that they shall not be cancelled or amended without 30 days' prior written notice to OWNER. Self - insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that all such insurance is in addition to CONTRACTOR's obligation to fully indemnify and hold OWNER completely free and harmless from and against any and all claims arising out of any, loss, injury or damage to property or persons caused by the negligent acts or omissions of CONTRACTOR in performing services assigned by OWNER. 5.05 CONTRACTOR and OWNER agree that OWNER, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to OWNER. Marshall Creek Bikeway & Slope Areas Project D- Z ..f4 5.05.1 To the full extent permitted by law, CONTRACTOR shall, indemnify and hold harmless OWNER, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by owner, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of OWNER. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by OWNER. 5.05.2 Without affecting the rights of OWNER under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless OWNER as set forth above for liability attributable to the sole fault of OWNER, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where OWNER is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where OWNER's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all- inclusive and OWNER will be indemnified for all liability incurred, even though a percentage of liability is attributable to conduct of OWNER. CONTRACTOR acknowledges that its obligation pursuant to this Section extends to liability attributable to OWNER, if that liability is less than the sole fault of OWNER. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of OWNER. 5.06 In the event that OWNER requests that specific employees or agents of CONTRACTOR supervise or otherwise perform the services specified in each Task Order, CONTRACTOR shall ensure that such individual (or individuals) shall be appointed and assigned the responsibility of performing the services. 5.07 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. Marshall Creek Bikeway & Slope Areas Project D­ A ..f R 5.08 CONTRACTOR shall be solely responsible for obtaining all permits, licenses and approvals necessary or applicable to the performance of services under this Agreement, unless otherwise expressly provided for in any Task Order issued pursuant to this Agreement. In the event OWNER is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.09 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99 -603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.10 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug -free workplace. 6. Obligations of Owner. 6.01 OWNER shall do the following in a manner so as not to unreasonably hinder the performance of services by CONTRACTOR: a. Provide information, requirements and criteria regarding OWNER's project; b. Furnish all existing studies, reports and other available data and items pertinent to each Task Order that are in OWNER's possession; C. Designate a person to act as a liaison between CONTRACTOR and the City Council of OWNER. 7. Additional Services, Changes and Deletions. 7.01 During the term of this Agreement, the City Council of OWNER may, from time to time, and without affecting the validity of this Agreement or any Task Order issued thereunder, order changes, deletions and additional services by the issuance of written change orders authorized and approved by the City Council of OWNER. 7.02 In the event CONTRACTOR performs additional or different services than those described in any Task Order or authorized change order without the prior written approval of the City Council of OWNER, CONTRACTOR shall not be compensated for such services. Marshall Creek Bikeway & Slope Areas Project Dorm f of 4 7.03 CONTRACTOR shall promptly advise OWNER as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of services to be provided pursuant to this Agreement. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City Council of OWNER. 7.04 In the event that OWNER orders services deleted or reduced, compensation shall likewise be deleted or reduced by a fair and reasonable amount and CONTRACTOR shall only be compensated for services actually performed. In the event additional services are properly authorized, payment for the same shall be made as provided in Section 4 above. Termination of Agreement. 8.01 In the event the time specified for completion of an assigned task in a Task Order exceeds the term of this Agreement, the term of this Agreement shall be automatically extended for such additional time as is necessary to complete such Task Order, and thereupon this Agreement shall automatically terminate without further notice. 8.02 Notwithstanding any other provision of this Agreement, OWNER, at its sole option, may terminate this Agreement at any time by giving 10 days' written notice to CONTRACTOR, whether or not a Task Order has been issued to CONTRACTOR. 8.03 In the event of termination, the payment of monies due CONTRACTOR for work performed prior to the effective date of such termination shall be paid within 45 business days after receipt of an invoice as provided in this Agreement. Upon payment for such services, CONTRACTOR agrees to promptly provide and deliver to OWNER all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to OWNER. 9. Status of Contractor. 9.01 CONTRACTOR shall perform the services assigned by OWNER in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of OWNER. CONTRACTOR shall be under the control of OWNER only as to the result to be accomplished and the personnel assigned to perform services. However, CONTRACTOR shall regularly confer with OWNER's City Council as provided for in this Agreement. 9.02 CONTRACTOR hereby specifically represents and warrants to OWNER that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services. Further, CONTRACTOR represents Marshall Creek Bikeway & Slope Areas Project D--- 4 .,f Q and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement. 10. Ownership of Documents; Audit. 10.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of services assigned to it by OWNER shall become the sole property of OWNER, and CONTRACTOR shall promptly deliver all such materials to OWNER. At the OWNER's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions. If OWNER uses such documents for any purpose other than for which they were prepared without CONTRACTOR's prior written approval, OWNER hereby waives any claims against CONTRACTOR and will hold CONTRACTOR harmless from any claim or liability for injury or loss arising from OWNER's unauthorized use. 10.02 Subject to applicable federal and state laws, rules and regulations, OWNER shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not use for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of OWNER. 10.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as OWNER may deem necessary, CONTRACTOR shall make available to OWNER's agents for examination all of such records and shall permit OWNER's agents to audit, examine and reproduce such records. 11. Miscellaneous Provisions. 11.01 This Agreement supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for OWNER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 11.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment Marshall Creek Bikeway & Slope Areas Project D -1..fQ will release or discharge the assignor from any duty or responsibility under this Agreement. 11.03 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the services authorized hereunder. 11.04 If required by law, CONTRACTOR shall file Conflict of Interest Statements with OWNER. 11.05 Any dispute which may arise by and between the OWNER and the CONTRACTOR, including the CONTRACTOR's subcontractors, laborers, and suppliers, shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with its construction industry rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. Arbitration shall be conducted before a panel of three arbitrators, unless the PARTIES agree in writing to submit the matter before a single arbitrator. The arbitrators must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrators' decision and award are subject to judicial review for errors of fact or law in accordance with Section 1296 of the Code of Civil Procedure, by a Superior Court of competent venue and jurisdiction. Discovery may be conducted in the arbitration proceeding pursuant to Section 1283.05 of the Code of Civil Procedure. Unless the PARTIES stipulate to the contrary, prior to the appointment of the arbitrators, all disputes shall first be submitted to non - binding mediation, conducted by either the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc./Endispute, in accordance with their respective rules and procedures for such mediation. In any arbitration or litigation arising out of this Agreement, or the performance of any obligation under this Agreement, the arbitrators or the court in such arbitration or litigation shall award costs and expenses of arbitration or litigation, including mediation and arbitration fees and expenses, expert witness fees and attorneys' fees, to the prevailing PARTY. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement as of the day and year first above - written. OWNER: CITY OF BEAUMONT By May6r, bty CcWincil Marshall Creek Bikeway & Slope Areas Project CONTRACTOR: ALHAMBRA GROUP Vincent Di Donato, Owner D­ 9 .,f 4 CITY OF BEAUMONT INDEPENDENT CONTRACTOR'S TASK ORDER Landscape Architecture Services Marshall Creek Bikeway & Slope Areas between Cherry Valley Acres and Cougar Way TASK ORDER NO.: One CONTRACTOR: Name: ALHAMBRA GROUP Address: 41635 Enterprise Circle North, Suite C Temecula, California 92590 Telephone: 951- 296 -6802 Fax: 951- 296 -6803 E -mail: info @alhambragroup.net Fed. Tax Id.: 330575507 THIS TASK ORDER is issued pursuant to that certain Agreement for Services by Independent Contractor between the CITY OF BEAUMONT ( "OWNER ") and ALHAMBRA GROUP ( "CONTRACTOR ") dated September 1, 2009 (the "AGREEMENT "). 1. Task to be Performed. CONTRACTOR shall provide all labor, materials and equipment to perform the following tasks: a. Prepare landscaping and irrigation plans, specifications and bid documents for Marshall Creek Bikeway & Slope Areas Improvement Project as described in the CONTRACTOR's Proposal dated June 30, 2009, attached hereto as part of Exhibit A. 2. Time of Performance. Time is of the essence. Therefore, CONTRACTOR shall begin work within 20 days of the date this Task Order is signed by the OWNER and shall complete performance of such services by or before December 31, 2009. 3. Liaison of OWNER. Mr. Deepak Moorjani, Public Works Director shall serve as liaison between OWNER and CONTRACTOR. 4. Staff Assi ng ments. CONTRACTOR will assign the following personnel to perform the services required by this Task Order: Vincent Di Donato, Owner (See Contractor Address Above) 5. Deliverables. CONTRACTOR shall deliver to OWNER not later than the date or dates indicated, the following: On September 30, 2009 CONTRACTOR shall prepare and submit to OWNER two sets of preliminary plans, and, on November 30, 2009 CONTRACTOR shall prepare and deliver to OWNER two sets of final plans, specifications and bid documents. Marshall Creek Bikeway & Slope Areas Project 9/01/09 Page 1 of 3 6. Compensation. For all services rendered by CONTRACTOR pursuant to this Task Order, CONTRACTOR shall receive a total not -to- exceed sum of $14,375.00 based on time and materials charged in accordance with the Hourly Rate Schedule attached hereto as part of Exhibit A. 7. Reimbursable Expenses. In addition to the compensation provided for in Paragraph 6 above, CONTRACTOR (choose and check one:) shall � shall not be entitled to reimbursement for expenses. If authorized by this Task Order, reimbursable expenses shall be limited to: 8. Miscellaneous Matters. The following additional matters are made a part of this Task Order: CONTRACTOR anticipates organizing up to 3 field observations and 3 meetings for which CONTRACTOR shall prepare agendas, attend meetings, and conduct follow -up tasks as needed. Attendance at additional meetings may require an amendment to the project budget. IN WITNESS WHEREOF, the parties have executed this Task Order on the date indicated below. Dated: Dated: CITY OF BEAM T By or, 6ty &uncill CONTRACTOR: ALHAMBRA GROUP Vincent Di Donato, Owner Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 Page 2 of 3 Exhibit A CONTRACTOR'S HOURLY RATES ALHAMBRA GROUP LANDSCAPE ARCH11'L:C -1- RC. License;'i 2.017 PREVAILING H04JRLY BI1.I,.ING RATES As of January 1, 2M UWDSCAPE ARMTECTURE: Principal $175 Project Manager $150 Prajed Designer $100 Senior Draftsperson $ 75 OraAsperson $ 50 ADMISTRATIVE SERVICES: Adfmnistralive Assistant $ 45 ,ftrd Prooessing OperatX $ 40 MWELLANEOUS SERVICES AMID EXPENSES: iA ieage 0, 50"ile Subsirtce Cost Oulside Sere m Cost plus 20` 6 Materials & Other Expenses Cosl plus 20% ALHIMMBRA GROUP HOLDS THE FOLLOVANG INSURANCE AND AmmwTs: Liabilily Insurance $1,000,000.00 Professional Liability (Errors & Qmimions) $1,000,000.00 Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 Page 3 of 3 Exhibit A Proposal and Hourly Rate Schedule ALHAMBRA GROUP 4* LANDSCAPE ARCHITECTURE License# 2017 AGREEMENT BETWEEN OWNER AND LANDSCAPE ARCHITECT June 30. 2009 1.00 DESCRIPTION OF SERVICES The Alhambra Group (Landscape Architects) shall provide construction documents and professional services required for the landscape development of Marshall Creek Slope Plans in the City of Beaumont, California described herein: 2.00 SCOPE OF WORK Landscape Development Plans for areas shown on plans provided by Urban Logic Consultants, Inc.. 2.01 Review site plan for conformance to Municipalities Landscape area requirements. 2.02 Utilize Engineers Auto CAD base sheet at scale required. 2.03 Research & Measurement a. Site Visits/ Inventory b. Obtain all available documentation. 2.04 Schematic Design Phase: a. Prepare conceptual landscape plan for City Approval. 2.05 Analysis a. Analyze information obtained from all reports & contacts. 2.06 Construction Document Phase: a. Formalize the conceptual landscape plan into construction documents that detail the Project's construction requirements. b. Prepare construction documents to include: i. Construction Plans Including Dimensioning for Hardscape & Details. ii. Planting plans. iii. Irrigation plans. iv. Planting & Irrigation details & specifications. v. Budget Estimate & Water Use Calculations. 2.07 Construction Phase: c. Provide clarifications to drawings and/ or specifications when required. d. Review required contractor submittals, such as shop drawings and samples, but only to determine if they conform to the Landscape Architect's visual and aesthetic design intent. 3.00 INFORMATION TO BE PROVIDED BY OTHERS Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. All necessary architectural and engineering plans and designs required by the Landscape Architect to complete his work including, but not limited to, the following: 3.01 Site hardscape layouts and details (roadways, curbs, walls, etc.). 3.02 Site grading elevations and slope face locations. 3.03 Final site building pad locations and elevations. 3.04 Site electrical and utility layouts. 3.05 Client agrees to provide the items described in Article 3.00 and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. 41635 Enterprise Circle North Suite C, Temecula, CA 912590' P 051) 2961902' F (951) 29Fi$803 E1t/bil infobo PJhaml—Grouo. net' Web site w AlharrbraGroim. net vagsws ,AR—*M NFO.V p cr wsyzrnd�e a.M�ow -canna o.ecaoc Marshall Creek Bikeway 6 Slope Areas Project 9 /01 /09 4.00 TIME OF PERFORMANCE Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. The Landscape Architect agrees to commence work within three weeks once the site plan conforms to Municipalities Landscape area requirements. The services of the Landscape Architect will be coordinated with the client and undertaken in a sequence to assure their timely completion. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Landscape drawings will and may not progress until the site plan conforms to item 2.01. 4.01 Upon commencement of work, conceptual landscape plan (if applicable) to be completed and released to project coordinator within two weeks. 4.02 If site revisions occur, landscape plans will reflect the revision two weeks after receipt of correct site plan from engineer. 4.03 If City/County required revisions occur, landscape plans will reflect the revision and be prepared for re- submittal within two weeks of receiving the red line plans from the City/County. 5.00 FIELD OBSERVATIONS The Landscape Architect shall provide the following field observations during construction, although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies: 5.01 (3) Field Observations. 5.02 Field Observations per owners request ($350.00 Minimum per Visit). 6.00 MEETINGS The Landscape Architect shall provide the following Meetings- 6.01 (6 hrs) for Coordination/ Team Meetings. 6.02 Additional Meetings per owners request ($175.00 /Hour — 1 hour minimum). 7.00 PROCESSING AND APPROVAL The owner or his representative shall obtain and pay for all landscape related permits, application fees and bonds necessary from authorities with jurisdiction over the Project, and is responsible for the submittal of plans. 7.01 The landscape construction documents shall conform to all pertinent City of Beaumont codes and requirements. 8.00 COMPENSATION AND FEE SCHEDULE As of the date of this agreement Compensation for this project shall be $ 14,375.00 (Fourteen thousand three hundred seventy five dollars) and payable per the following invoice submittals. Construction Document Phase: 8.01 Schematic Design Phase $ 1,500.00 8.02 Preparation of Construction Document Phase $ 9,500.00 8.03 (6 Hrs) for Coordination/ Team Meetings $ 1,050.00 8.04 (3) Field Observations $ 1,575.00 8.05 Construction Phase $ 250.00 8.06 Reimbursable Expenses $ 500.00 TOTAL $ 14,375.00 8.07 Client acknowledges that significant changes to the Project or construction schedule or budget, or to the Project's scope may require Additional Services of Landscape Architect. Any changes, which alter the site plan to such a degree as to necessitate revisions to the Landscape Plans, shall be reimbursable at an hourly rate of $90.00 per hour and payable upon receipt of invoice. 8.08 Reimbursable Expenses are subject to a multiple of 1.20 and include, but are not limited to: reproduction, postage, and handling of documents, authorized travel, and Client requested renderings and models-(Bid Sets provided by Client) 41635 Enterprise Circle North Suite C, Ternecula, CA 92590" P (05 1) 296 -6802 • F (951) 296 -6603 E-Mail inro®AlhambraGroumnet' Web site: www.AlhanbraGrouo.net f goZ efe E:4loceurtlne InFOPRposea PenBne1200➢tc1ly otaea,mer6 MrM1ea CrNe.ex Marshall Creek Bikeway s Slope Areas Project 9/01/09 2 8.09 Landscape Architect shall bill Client for Basic, Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. Payments will be considered past due if not paid by due date on Invoice. An amount equal to 2% per month will be charged on all Past Due Accounts. 8.10 Failure to honor any of the compensation payment schedules justifies suspension and/or cessation of further service. 8.11 Returned Check Policy: There will be a $20.00 charge to all clients with checks returned due to Non Sufficient Funds. 9.00 CONSTRUCTION DOCUMENT PHASE Construction document price quote is based on the start of construction documents within (1) year on the signing of the contract. If the construction documents have not been started within the (1) year period the Landscape Architect reserves the right to renegotiate this fee. 10.00 EXCLUSIONS Excluded Services are not a part of Landscape Architect's Basic or Additional Services and are the responsibility of others. Excluded Services include, but are not limited to, the following: Recycled Water Plan, Color Renderings, all Architectural, Structural Engineering, Soils Engineering & Civil Engineering, Subsurface conditions, soil issues (including suitability for plant material, soil content, level of compaction); lot line location; drainage; utilities' location; signage, security; lighting, and project or construction cost estimates. 11.00 USE AND OWNERSHIP OF LANDSCAPE ARCHITECT'S DOCUMENTS Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use Landscape Architect's documents as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Landscape Architect, including but not limited to, drawings and specifications, are the property of Landscape Architect. These documents shall not be reused on other projects without Landscape Architect's written permission. Landscape Architect retains all rights, including copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this Project with others unless Landscape Architect is found to have materially breached this Agreement. 11.01 The LANDSCAPE ARCHITECT will prepare plans and specifications in accordance with generally accepted professional practices for the intended use of the project and the LANDSCAPE ARCHITECT makes no warranty either express or implied. 12.00 ABANDONMENT OF PROJECT If for any reason the OWNER finds it necessary to abandon the project or terminate the work of the LANDSCAPE ARCHITECT, THE LANDSCAPE ARCHITECT shall be notified in writing and compensated for the percentage of the work completed at the time of receipt of the abandonment notice by the Landscape Architect. 12.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 13.00 WAIVER Failure to strictly enforce any of the provisions of this agreement does not constitute a waiver thereof. 14.00 ATTORNEYS' FEES Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, ..prevailing party" shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. 41635 Enterprise Circle North Suite C. Terneeuls, CA 92590' P (951) 296 -6802" F (951) 2966803 E-Mail infoWlhe braGrouo.mt" Web site: www.AlhambraGroua.net f+po 3 of 6 E:V1rKaurYne INFOPrW wtlt Par4rg1200BlGlyof Beaomarf. McNar Qmtk.eot Marshall Creek Bikeway & Slope Areas Project 9/01/09 15.00 LANDSCAPE ARCHITECT REGULATORY The California Board of Landscape Architects regulates Landscape Architects. Any questions concerning a Landscape Architect may be referred to the technical committee @: Landscape Architects Technical Committee, 2420 Del Paso Road, Suite 105 Sacramento, CA 95834. Phone (916) 575 -723& 16.00 OWNERICLIENTS RESPONSIBILITY FOR MAINTENANCE Owner /Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as, but not limited to, [Planting & Irrigation area's] may result in damage to property or persons. Owner/Client further acknowledges and agrees that, as between the parties to this Agreement, Owner/Client is solely responsible for the results of any lack of or improper maintenance. 17.00 TERMINATION 17.01 Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. 17.02 If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. 17.03 Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services or termination due to Client's nonpayment. 18.00 MISCELLANEOUS PROVISIONS This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.01 This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. 18.02 In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. 18.03 Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other. 18.04 Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs; or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. 18.05 Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. 18.06 Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question arising out of or relating to the Project.. 41635 Enterprise Circle North Suite C, Temecula, CA 92590 " P (951) 296 -6802" F (951) 2966603 E-Mail inroOAlhambraGrouo.net" Web site: www.AlhambraGroue.net Peee a of 6 E:Vlaeurene INFOpmpasYe PenArp1Y0071C1y of Beeumew Meehal f]eek.tlx Marshall Creek Bikeway a Slope Areas Project 9/01/09 18.07 To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. 18.08 Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. 19.00 ACCEPTANCE OF CONTRACT Written acceptance of this contract shall constitute a binding contractual agreement between the Alhambra Group (Mr. Vincent Di Donato), and City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Ph (951) 769 -8518 ' Fx (951) 769 -8526 19.01 Contract not valid until the aforementioned firms have executed this agreement. If this agreement is not accepted within ninety days (90), the offer to perform the described services may, in Landscape Architect's sole discretion, be withdrawn and shall be null and void. ACCEPTED BY: OWNER: x (Signature) X (Print Name) X (Title) X (Company Name) X (Date) The Alhambra Group is pleased to submit this proposal for your consideration. We look forward to the opportunity to work with you on this project. Respectfully submitted, Vincent Di Donato Landscape Architect #2017 Alhambra Group VD /cb 41835 Enterprise Circle North Suite C, Temecula, CA 92590 • P (951) 2968802. F (951) 296-8803 E-Mail info ®AlhambraGroue.net" Web site: www.ABuonbraGrouu.net Pseeb ole E:Uaa+tanp INFOPmpaals ranampooncev of Bssrmart- MNNiI prk.rbc Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 Limits of Work f a, Marshall Creek Bikeway & Slope Areas Project 9/01/09 6 ALHAMBRA GROUP LANDSCAPE ARCHITECTCJRE License# 2017 PREVAILING HOURLY BILLING RATES As of January 1, 2008 LANDSCAPE ARCHRECTURE: Principal $ 175 Project Manager $ 150 Project Designer $100 Senior Draftsperson $ 75 Draftsperson $ 50 ADi iNtS'TRATIVE SERVICES: Administrative Assistant $ 45 Word Processing Operator $ 40 MISCELLANEOUS SERVICES AND EXPENSES: Mileage 0.50/mile Subsistence Cost Outside Services Cost plus 20'0 Materials & Otter Expenses Cost plus 20% ALiiAmsRA GROUP HOLDS THE FOLLOWING INSURANCE AND AMOUNTS: Liability Insurance $1,000,000,00 Professional Liability (Errors & Omissions) $1,000,000.00 Marshall Creek Bikeway 6 Slope Areas Project 9/01/09 7 CITY OF BEAUMONT PROJECT PROGRESS REPORT LANDSCAPING DESIGN — MARSHALL CREEK BIKEWAY & SLOPE AREAS Fund Source: CFD 93 -1 Fund Project Name: Marshall Creek Bikeway and Slope Areas Improvement Project Contract Date: September 1, 2009 Contractors: Alhambra Group Const. Budget: TBD Subcontractors: See approved CIP Contractor List A &E Budget: $14,375.00 Project Start Date: September 24, 2009 Report Period: Ending December 2009 Work Completed During Report Period: Marshall Creek landscape architecture plans for bikeway improvement and striping, fencing, planting and irrigation (including project specifications and bid package preparation) — See Exhibit "A" of Task Order Problems or Delays During Report Period: No problems or delays. Change Orders: No change orders. Recommendation(s) for City Council Action: Prepare plans, specifications and bid documents for landscaping design work for the bikeway and sloping areas along Marshall Creek between Cherry Valley Acres and Cougar Way. Report Approved by: J/ 9/1/09 Ma is Signature Date of City Council Approval STAFF REPORT Agenda Item _3J TO: Mayor and Council Members FROM: City Manager DATE: September 1, 2009 SUBJECT: Agreement and Task Order for Landscaping Design Services for the Marshall Creek Bikeway and Slope Areas between Cherry Valley Acres and Cougar Way Background and Analysis: The proposed Agreement and Task Order would authorize the Alhambra Group to prepare landscaping and irrigation plans, specifications and bid documents for the bikeway and sloping areas surrounding the Marshall Creek watercourse between Cherry Valley Acres and Cougar Way. The plans will be completed in accordance with the City of Beaumont's Landscaping Ordinance which requires implementation of water saving techniques in the design. The plans will utilize drip irrigation and native, drought tolerant plants. The cost of these services will be billed on a time and material basis and will not exceed $14,375. Recommendation: Staff recommends APPROVAL of the Agreement, Task Order and Project Progress Report, and AUTHORIZATION of the Mayor to execute the Agreement, Task Order and Project Progress Report subject to the authority of the City Attorney to make non - substantive changes. Beaumont City Council Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, September 1, 2009 Page 1 of 7 "Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's office at 550 E. 6t' Street during normal business hours" WORKSHOP SESSION (This is the portion of the agenda where the city council can review documents and receive clarification on item to be heard on current or future agendas) 1) Weed Abatement Power Point Presentation 2) Master Sign Program Introduction Items included in the workshop session are for discussion purposes only. No action by the city council is taken at this time. This portion of the agenda is to give input and receive clarification for items on the scheduled agenda or for future agenda's. CLOSED SESSION - No reportatble action taken. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator - City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator Property Generally Located at: 1. Government Code Section 54956.8 - 650 Magnolia Avenue & 500 Grace Avenue C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation - Conference with Legal Counsel - Existing Litigation(Government Code 54956.9) Outdoor Media Group, Inc. vs. City of Beaumont - Case No. ED CV 03 -01461 RT SGLx Beaumont City Council Page 2 of 7 2. Peters vs. City - Case No. RIC 467388 3. Beaumont Citizens for Responsible Growth vs. City of Beaumont - Case No. RIC518058 4. Cherry Valley Acres and Neighbors vs Sunny Cal - Case RIC 480954 REGULAR SESSION Invocation: Council Member Berg Pledge of Allegiance: Council Member Berg Presentation: Check Presentation by Cynthia Garcia - Southern California Edison MDA will be presentated a Check in the Amount of $23,000 at the Jerry Lewis Telethon on Labor Day Adjustments to Agenda: Staff has received _a request from Supervisor Ashley -requesting that item 3.f be postponed for 60 day., Motion by Council M - ember DeFor_ge,-Seconded-by- Council Member Dressel to deny the request from Supervisor Ashley to postpone item for 60 days. Vote: 15/0 Motion by Council Member-Gall, Seconded by Council rg -Member - DeFoe to disapprove the Cooperative Agreement between the County of Riverside and the City of Beaumont to -Irnplement-Municipal Land Use Planning and Development Standards in the Sphere of Influence. Vote: 510 Oral and Written Communications: Patsy Reeley - Opposed to item 3.f Chris Mann - San Gorgonio- Pass Community Alliance - Opposed to item 3.f Victor Dominguez -,Opposed to item 3.f Sharron Hamilton - Opposed to item 3.f Barbara Voight - Opposed to item 3.f Barry Steele - Opposed to item 3.f Nancy Hall _- Opposed to item 3.f Paul St. Martin - Outdoor Display of Merc - handise at loca - I - businesses John Covington - Item 3.f - Would like to do a Dresentation from the Water Quality Task Force in regards to the onsite -Waste _DisposW in Cherry Valley. Council asked for that to be done at the Next Council Meeting Workshop. Marshall Commack - Speaker e r ..-questing that the City hold a program on how the City operates. Paul Angulo - Introduce self as Candidate for Riverside County Auditor Controller Beaumont City Council Page 3 of 7 Susan_ Lara_- Thank_ you to the City Council on behalf of the School District for all of the assistance with the first week of school Mary Daniel Opposed to item 3.f Frances Flanders - Opposed to item 3.f 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor Fox Thank Cal Fire for all of their hard work, Our Community is a community, Veterans of Foreign War, b) Mayor Pro Tern Dressel Loma Linda Medical Center, RTA Meeting, c) Council Member Berg RCTC Update d) Council Member DeForge Thank the audience for coming out, Plane Pull, Chase Bank Opening, MDA Yard Sale, Loma Linda Medical Center Grand Opening e) Council Member Gall Opening of Chase Bank, Loma Linda Medical Center Grand Opening, areas of concern - issues of the south side of town such as street paving 2. CITY MANAGER REPORTS a. Community Information Update 1) Mobile Community Substation 2) Road Closure Update 3) Sustainability Update 4) Update on Stimulus Program b. Local Project Update 1) Transportation Update c. Calendar of Events Beaumont City Council 1) Second and Third Wednesday of Each Month - Story Time Cafe 2) September 7, 2009 - Check Presentation to MDA at the Jerry Lewis Telethon d. Financial Update e. What's That and Rumor Control f. Report on Oral and Written Communications (City Manager) Page 4 of 7 1) Report on Concern at the intersection of Brookside Ave. and Lemon St. 2) Landscaping on Brookside Avenue 3) Street Lighting - North California Avenue 3. CONSENT CALENDAR a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary. b. Approval of the Minutes of the City Council Meeting August 4, 2009. c. Approval of the Warrant List for September 1, 2009. d. Approval of a three year time extension on Tentative Tract Map No. 35540 and Plot Plan 07 -PP -02 (1343 E. 8th Street) Applicant: James Y. Liang e. Approval of a three year time extension on Tentative Tract Map No. 34990 and Plot Plan 05 -PP -04 (South side of Oak Valley Parkway, East of Interstate 10 and North of Noble Creek), Applicant: AVG Partners. f. Approval of Cooperative Agreement between the County of Riverside and the City of Beaumont to Implement Municipal Land Use Planning and Development Standards in the Sphere of Influence. g. Approval of Agreement and Task Order for Landscaping Design Services for the Marshall Creek Bikeway and Slope Areas between Cherry Valley Acres and Cougar Way. h. Adoption of Ordinance No. 953 read by title only - An Ordinance of the City Council of the City of Beaumont, California Amending Title 10 of the Beaumont Municipal Code Entitled 'Vehicle and Traffic" i. Approval of Lease with Veterans of Foreign War to lease City property located at 450 E. 4th Street, pending review of insurance requirements by the City Attorney. Beaumont City Council Page 5 of 7 Approval of Negative Declaration No. 09 -ND -06 - San Timoteo Management Zone Monitoring Network Development and Mitigation Program. (continued from the meeting of August 4, 2009) k. Approval of Final Parcel Map No. 35023 Located at Nicholas Road and Fourth Street - Oakmont Dowling Orchard, LLC. Approval of Agreement for Water Quality Management and Engineering Services and Authorization for the Mayor to Execute the Agreement and Project Progress Report subject to the Authority of the City Attorney to make non substantive changes. m. Approval of Supplemental Agreement for CDGB 2009 -2010. n. Adoption of Resolution No. 2009 -29 - A Resolution of the City Council of the City of Beaumont approving the application requesting funds from the 09/10 Public Transportation Modernization, Improvement & Service Enhancement Account (PTMISEA) for Security Cameras and Equipment o. Approval of Request for Neighborhood Improvement Program Approval at 1154 Magnolia Avenue Recommendation: Approval of the Consent Calendar as presented. Patsey Reeley - 3.e - Doesn't agree with the three year time extension. Asked for EIR every 6 month if approved. Nancy Hall 3.e - Doesn't agree with the three year time extension. Concerns that there are not going to be the water resources. Nancy Hall 3.1- There are not bids included in the staff report. Does this require a Bid? Was this previously budgeted? Council Member Berg abstained from Item 3.d Motion by Council Member DeForge, Seconded by Council Member Dressel to approve all Consent Calendar with the exception of item 3.d. Vote: 5/0 Motion by Council Member DeForge, Seconded by Council Member Dressel to approve item 3.d as presented. Vote: 4/0/1 (Council Member Berg abstained) 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS a. Ordinance No. 947 - An Ordinance of the City Council of the City of Beaumont California Amending Section 1.17.250.A of the Beaumont Municipal Code. Recommendation: Hold a Public Hearing and Approve the 1 st reading of Ordinance No. 947 as presented. Beaumont City Council Staff report was given by Keith Hightower, Building and Safety and Code Enforcement Open Public Hearing 7:11 p.m. No Speakers Closed Public 7:13 p.m. Page 6 of 7 Motion by Council Member Dressel, Seconded by Council Member DeForge to approve the 1st reading of Ordinance No. 947 as presented. Vote: 510 b. Ordinance No. 957 -,An Ordinance of the City Council of the._City_of Beaumont, Californ ia Amending certain_ section s_ of Chapter 8.32 of the Beaumont Municipal Code Entitled "Nuisances" Recommendation: Hold a Public Hearing and Approve the 1 st Reading of Ordinance No. 957 as presented. Staff report was given by Keith Hightowwer, Building and Safety and Code Enforcement Open Public Hearing 7:14 p.m. David Knight - Sundance Resident - Shopping Carts in the neighborhood Closed Public Hearing 7:20 p.m. Motion by Council Member Berg, Seconded by Council Member Dressel to approve the 1 st reading of Ordinance No. 957 as presented. Vote: 5/0 c. Abatement of Substandard Structure located at 637 -639 Beaumont Avenue Recommendation: Adopt Resolution No. 2009 -27 and Approve the proposal from Weaver Grading Inc. in the amount of $35,000 for the demolition and removal of the structure located at 637 -639 Beaumont Avenue. Staff report was given by Keith Hightower, Building and Safety and Code Enforcement. Open Public Hearing 7:35 p.m. Rose Edmunds - Owner Steve Murray - Engineer Thelma Santos - Potential Buyer Closed Public Hearing Motion by Council Member Gall to and give applicantlowner 30 days to hire architectural and structural engineer, and board up and fence the premises right away and present reports to the City and Council at least 10 days prior to October 6. No Second. Beaumont City Council Page 7 of 7 Motion by Council Member Berg, Seconded by Council Member DeForge adopt Resolution No. 2009 -27 and to hold off on the abatement until October 7, 2009 with the following conditions added: Fence and board premises within 24 hours Hire Architectural and Structural Engineer and present contracts to staff within 5 days Present Escrow Documents to swithin 5 days Present Site Plan and Structural Engineering Plan by September 22, 2009 Asbestos Survey Vote: 4/1 (Gall voted no) Adjoumment_of the City _Council Meeting to the League of California Annual Conference in San Jose Se�gtember 16 - 18, 2009 at 8:20 p.m. ly City Manager Any Person with a disability who requires accommodations in order to participate in this meeting should telephone Shelby Hanvey at 951- 769 -8520 ext. 323, at least 48 hours prior to the meeting in order to make a request for a disability - related modification or accommodation