HSA Design Group/SilverRock Landscape 07PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the LA QUINTA REDEVELOPMENT AGENCY
("Agency"), and HSA DESIGN GROUP ("Consultant"). The parties hereto agree as
follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to Landscape
Architectural Services for Phase 11 SilverRock Resort Improvements, as specified in
the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by
this reference (the "services" or "work ). Consultant warrants that all services will
be performed in a competent, professional and satisfactory manner in accordance
with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the Agency of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by Agency, Consultant shall
immediately inform Agency of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer
(as defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by Agency, except such losses
or damages as may be caused by Agency's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, iinaccurate or defective work at no further cost to Agency, when
such inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to Agency that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the Agency Board.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPE=NSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Six Hundred Fifty Eight Thousand
Four Hundred Twenty Nine Dollars ($658,429) (the "Contract Sum"), except as
provided in Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to Agency no later than the tenth (10th)
working day of such month, in the form approved by Agency's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. Agency will pay
Consultant for all expenses stated thereon which are approved by Agency pursuant
to this Agreement no later than thirty (30) days after invoices are received by the
Agency's Finance: Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots„ strikes, freight embargoes, acts of any governmental agency
other than Agency, and unusually severe weather, if Consultant shall within ten
(10) days of the: commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts
and the extent of delay, and extend the time for performing the services for the
period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. The term of this agreement shall commence on July 18, 2007
and terminate on December 31, 2012. Unless earlier terminated in accordance
with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full
force and effect until completion of the services, except as otherwise provided in
the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
Chuck Shepardson, ASLA, Principal
Mike Horton, ASLA, Principal
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for
Agency to enter into this Agreement. Therefore, the foregoing principals shall be
responsible during the term of this Agreement for directing all activities of
Consultant and devoting sufficient time to personally supervise the services
hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be Agency's Assistant
Executive Director or such other person as may be designated by the Agency's
Executive Director. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by Agency
to the Contract Officer. Unless otherwise specified herein, any approval of Agency
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for Agency to enter into this Agreement. Except as
set forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of Agency. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without
the prior written approval of Agency.
4.4 Independent Contractor. Neither Agency nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents
or employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of Agency and shall remain at all times as to Agency a wholly independent
contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency.
4.5 Agency Cooperation. Agency shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by Agency.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the .duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither Agency nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming
Agency and its officers and employees as additional insured shall be delivered to
and approved by Agency prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum
Less than $50,000
$50,000 - $300,000
Over $300,000
Personal Injury/Property Damage Coverage
$100,000 per individual; $300,000 per occurrence
$250,000 per individual; $500,000 per occurrence
$500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
Agency nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against negligent
acts, errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend the Consultant. The policy
retroactive date shall be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to Agency of proposed cancellation. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of Consultant's obligation to indemnify Agency, its officers, employees,
contractors, subcontractors, or agents.
5.2 Indemnification.
To the fullest extent permitted by law, Consultant shall indemnify, protect, defend
and hold harmless the Agency and the City and any and all of their officials, employees
and agents ("Indemnified Parties") from and against any and all losses, liabilities,
damages, costs and expenses, including attorney's fees and costs which arise out of,
pertain to, or relate to, the negligence, recklessness, or willful misconduct of the
Consultant.
5.3 Remedies. In addition to any other remedies Agency may have if
Consultant fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, Agency may, at its
sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant, hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies Agency may have. The above remedies are not the exclusive remedies
for Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and Agency agree to the following with respect to
insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds Agency, its
officials, employees and agents, using standard ISO endorsement No. CG 2010
with an edition prior to 1992. Consultant also agrees to require all contractors,
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to Agency and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the Agency, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect Agency's
protection without Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to Agency at or - prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, Agency
has the right , but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by Agency shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at Agency option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to Agency of any cancellation of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to Agency.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to Agency
for review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to Agency, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the Agency. At that time
the Agency shall review options with the Consultant, which may include reduction
or elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The Agency reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Agency will
negotiate additional compensation proportional to the increased benefit to Agency.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of Agency to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on Agency nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
Agency, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until Agency executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to Agency within
five (5) days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
Agency, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements noir as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
Agency or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to Agency. It is
not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for payment
of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the work performed under this agreement.
Agency assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve Agency.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of Agency and shall be
delivered to Agency upon termination of this Agreement or upon the earlier request
of the Contract Officer, and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to Agency any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall
indemnify Agency for all damages suffered thereby.
In the event Agency or any person, firm or corporation authorized by Agency
reuses said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, Agency hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release: of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
Agency, except as required by law or as authorized by Agency.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputers. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a clalim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, Agency may take such
immediate action as Agency deems warranted. Compliance with the provisions of
this section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit Agency's right to terminate this Agreement without
cause pursuant to Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Consultant sufficient funds to compensate Agency for any losses, costs, liabilities,
or damages it reasonably believes were suffered by Agency due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Agency's consent or approval of any act by Consultant
requiring Agency's consent or approval shall not be deemed to waive or render
unnecessary Agency's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. Agency reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, Agency may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that Agency shall use reasonable
efforts to mitigate such damages), and Agency may withhold any payments to
Consultant for the purpose of setoff or partial payment of the amounts owed
Agency as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 AGENCY OFFICERS AND EMPLOYEES: NONDISCRIMINATION.
8.1 Non -liability of Agency Officers and Employees. No officer or employee
of Agency shall be personally liable to Consultant, or any successor in interest, in
the event or any default or breach by Agency or for any amount which may
become due to Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To Agency:
LA QUINTA REDEVELOPMENT AGENCY
Attention: Thomas P. Genovese
Executive Director
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
To Consultant:
HSA DESIGN GROUP
Attention: Chuck Shepardson
42-575 Melanie Place, Suite S
Palm Desert, CA 92211
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authori�y. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
LA QUINTA REDEVELOPMENT AGENCY
Thomas P. Genovese, Executive Director
ATTEST:
16 - 5--o7
Date
• � o
z} h ero a T Montecino, CMC, Age9y Secretary
APPROVED AS TO FORM:
CONSULTANT: HSA DESIGN GROUP
Date:, J, �,� `I/ -,?� 0i
Exhibit A
Scope of Services
EXHIBIT A
SCOPE OF WORK
The following tasks shall be performed by the Landscape Architect in the preparation of the
project theming, landscape design and construction plans and specifications for the Phase II on -
site streetscapes, right-of-ways, permanent clubhouse, golf course, landscape areas, passive park,
common areas, CVWD well sites (3), resort interface areas and project entry areas.
1.0 Project Themim Phase
The following identifies the work associated with the development of the overall project
theme for the entire SilverRock Resort Project. In addition to the Scope of Work
described below, the landscape architect will be available to respond to all reasonable
requests by the Project Manager on behalf of the RDA, for meetings and
correspondences.
1.1 Existing Project Documentation Review
The Landscape Architect shall review existing project information, the existing
site conditions and existing built product, in addition to reviewing all plans and
documents for the existing Phase I facilities, and the current documents being
prepared for the Phase II development. Existing documents available for review
include:
• SilverRock Resort Specific Plan (July 18, 2006)
• Phase I Plans & Documents
• Current Phase II Plans & Documents
• Hotel Development Plans
1.2 Initiate Project
The Landscape Architect will initiate the project by meeting with the RDA's
SilverRock Technical Team (The Committee), the Project Manager, staff and
other design team members to review all available information and to discuss the
following:
• Project goals and objectives
• Project opportunities as envisioned by the Committee
0 Project design criteria
• Art in public places
• Hotel/'Commercial design concepts
• Project theming concepts including overall character, landscaping,
architecture, monumentation, lighting, etc.
• Anticipated environmental design concepts
• Project site constraints
1.3 Project Theme Development
The consultant shall work with the SilverRock Technical Team, staff, Project
Manager, and the RDA's design team to refine the SilverRock "vision" as it
relates to the overall community. Specific services as a minimum shall include
the following:
• Attend meetings and provide design input to the SilverRock Technical Team.
• Review completed Phase I work and make recommendations for various
design considerations or modifications appropriate to create design
consistency with the Phase II improvements.
• Review design team product in regard to aesthetics and design elements.
• Develop Phase II Design criteria and concepts.
• Review and define architectural style/character as it relates to landscape
architecture.
• Define building materials style and character.
• Identify design opportunities for incorporation of art in public places program.
• Develop water and energy conservation recommendations.
• Maintain the RDA "Vision" and make recommendations for various design
considerations/ alternatives for Phase I and the Phase II design process.
• Prepare site trail plan identifying pedestrian, equestrian, hiking, golf cart
and multi -use trails locations and material types.
1.4 Theming Presentations
The Consultant, based on the direction of the SilverRock Technical Team, shall
prepare graphic explanatory materials for use in presenting all proposed theming
considerations to the various stakeholders including the Planning Commission,
Committees, RDA Board of Directors, Hotel Development Team and local
residents. Presentation materials shall be in the form of photographic exhibits;
story boards (30 x 42); written bound materials (8 %2 x I1); over -head projection,
or Powerpoint presentation.
2.0 Schematic Design Phase
The following identifies the scope of work associated with the development of the
schematic design plans and specifications for the proposed landscape improvements
listed above. In addition to the scope of work described below, the Landscape Architect
will be available to respond to all reasonable requests by the Project Manager, on behalf
of the RDA for meetings and correspondence.
2.1 Existing Project Documentation Review
The Landscape Architect shall review existing project information and analyze it
to determine issues, problems, findings and problem resolutions that could be
relevant to the project design and construction. Existing documents available for
review include:
• Phase I Plans & Construction Documents
• Current Phase II Plans and Construction Documents
• Engineering Base Information
• Site Topography Map / Aerial Survey
• Completed Phase I Installations (on -site review)
• Median Landscape Plans (Avenue 52)
2.2 Project Coordination
The Landscape Architect will initiate the project by meeting with the RDA's
SlilverRock Technical Team (The Committee), the Project Manager, staff and
other design team members to review all Concept and Development Plans, and
other available information and to discuss the following:
0 Information that may be available from the RDA, including base maps,
conceptual design considerations, etc.
Existing development and construction documents currently prepared for
Phase II.
• Requirements of other design team members directly related to the
Landscape Architect's design product.
• Project budget.
• Project schedule
2.3 Site Review
The Consultant shall attend a site review meeting with the Project Manager and
other design team members to review existing Phase I conditions, visit and
analyze the proposed project site.
2.4 Plant Palette
The Consultant shall create a conceptual plant palette for review and approval.
Palette will include representative photos of proposed materials.
2.5 Local Requirements
The Consultant shall review all local requirements for sight distance setbacks,
tree spacing, irrigation, trails, parking, plan submittals, etc., to determine their
applicability to the site.
2.6 Conservation Requirements
The consultant shall prepare a water and energy conservation program addressing
water and energy conservation principles and other features to reduce
consumption of resources as part of the design and operations.
2.7 Schematic Plans
The Consultant shall prepare Schematic Plans, including conceptual planting
identifying trees, shrubs, groundcovers and revegetation, proposed plant palette,
paving patterns, bridges, cart paths, locations for art in public places, and
proposed materials for each of the following, to include:
2.7.1 200-scale Golf Course Landscape Plan.
2.7.2 100-scale golf course typical fairway landscape plan, and two (2)
sections , identifying plant palette, proposed planting concepts, and
interface with tees, greens and fairways.
2.7.3 100-scale Streetscape Landscape Plan, and a minimum of eight (8)
sections identifying plant palette, proposed planting concepts, and
interface with golf course, hotels, clubhouse, parksite, and other adjacent
facilities.
2.7.4 Conceptual Irrigation System layout for the ornamental landscape and
revegetation areas based on the Golf Course Architect's Conceptual
Routing Plan. The layout plan will include a preliminary calculation for
the irrigation water demand for all ornamental and revegetation areas.
2.8 Schematic Plans Facilities
The Consultant shall prepare Schematic Site and Landscape Plans, with input and
coordination with the Facility Architect and Civil Engineer for the project
components listed below to include proposed plant palette, planting concepts,
vehicular and pedestrian circulation, cart paths, hardscape features including
paving and walkways, and conceptual grading and drainage of ornamental
planting areas, tournament staging areas, and operational considerations, (ie.
Deliveries, vendor back of house access) to include:
2.8.1 Clubhouse Site
2.8.2 Passive Park Site (Complete Improvements)
2.8.3 Project Entries and Monumentation (Hotel Drive and Jefferson Street;
SilverRock Way and Avenue 54; Turn around at SilverRock Way and
Hotel Drive)
NOTE: The Civil Engineer will utilize the Schematic Site Plans to prepare
horizontal control plans and the project base sheets for the facilities. This
information will be provided to the design team for use in creating their
design products.
2.9 Schematic Elevations /Sections
The Consultant shall prepare Schematic Elevations and/or sections, to include:
2.9.1 Clubhouse landscape elevations, two (2)
2.9.2 Passive Park Sites, two (2)
2.9.3 Comfort station landscape elevation
2.9.4 Project entry and monumentation elevation, -Four (4)
2.9.5 Typical bridge elevation,.Two (2)
2.9.6 Typical streetscene elevations, Two (2) SilverRock Way; and one (1)
Hotel Drive, and one (1) Street B; and one (1) Street A.
2.10 Schematic Lighting Plans
The Consultant shall prepare a Schematic Lighting Plan identifying all outdoor
areas to receive lighting and preferred lighting methods. Areas to be lit may
include the following:
2.10.1 Entry Monumentation(s)
2.10.2 Clubhouse Parking lot
2.10.3 Plant material up lighting
2.10.4 Streetscapes
2.10.5 Flag pole
2.10.6 Outdoor areas of Clubhouse
2.10.7 Tunnel under crossings
2.10.8 Bridge at SilverRock Way
2.10.9 Art in public places
NOTE. All lighting attached to buildings is the responsibility of the Facility Architect.
2.11 Schematic Signage Program
The Consultant shall prepare a Schematic Signage Program for the entire facility,
including all pedestrian & vehicular directional signage, tee markers, yardage
markers, etc., for the golf course, related facilities and project entries.
3.0 Design Development Phase
After approval by the RDA of the Schematic Design, the Consultant shall prepare Design
Development Plans which will refine the design character of the project and identify
specific materials and construction methods to be used. The plans will delineate all site
construction elements, and will be developed in typical construction document format on
30" x 42 sheets, and as further defined by the RDA prior to initiation.
3.1 1lasesheets
The Consultant shall prepare basesheets based upon the Golf Course Architect or
project Civil Engineer -provided horizontal control base information, in standard
working drawing format as required by the RDA as described below for the:
3.1.1 Golf course
3.1.2 Clubhouse
3.1.3 Streetscapes and project entries
3.1.4 Passive park site
3.2 Grading
The Consultant shall review and refine the approved schematic grading concepts
depicting proposed contouring and spot elevations for walkways/hardscape, cart
paths, planting areas, and walls/fencing. Grading and drainage concepts shall be
coordinated with the project Civil Engineer, Architect, and Golf Course
Architect, through the Project Manager. (NOTE: the final grading and drainage
plans will be prepared by the Civil Engineer.)
3.3 Design Development Plans
The Consultant shall prepare Construction, Planting, Irrigation, Lighting Plans
and details as needed for all components of Phase II, identifying all materials,
finishes, sizes, quantities, colors, etc., and verify availability of all plant materials
with local nurseries.
The components of Phase II include, but are not limited to:
3.3.1 Cart paths, sidewalks, trails and hardscape/flatwork
3.3.2 Expansion, control, and score lines
3.3.3 Walls/fences/gates
3.3.4 Bridges/Undercrossings
3.3.5 Rock outcroppings
3.3.6 Planter/retaining walls
3.3.7 Hole signage markers
3.3.8 Drinking fountains
3.3.9 Enhanced paving
3.3.10 Steps and ramps
3.3.11 Railings and handrails
3.3.12 Site furniture
3.3.13 Free-standing shade/overhead structures
3.3.14 Golf course/clubhouse transitional paving
3.3.15 Entry Monumentation
3.3.16 Planting
3.3.17 Irrigation
3.3.18 Native areas
3.3.19 Art in public places locations
3.4 Signage Plans
Prepare Design Development -Level Signage Plans, identifying sign location,
styles, verbiage, colors, etc.
3.5 Alaterials/Color Boards
Prepare materials/color boards illustrating proposed plant palette, hardscape
materials, finishes, site furniture, etc., through the use of photographs/cut sheets.
3.6 Electrical Engineering
During the Design Development phase, coordinate with the electrical engineer
for all project exterior site lighting elements and incorporate all plan details and
specifications into the Landscape Design Development Package.
4.0
5.0
3.7 Structural Engineering
Following completion of the Design Development Plans, coordinate with
Agency's structural engineer for all project landscape (hardscape) construction
elements, including bridges, walls, monumentation and other items, and
incorporate all plans and details into the Landscape Construction Drawing
Package.
Construction Document Phase
After approval by the RDA of the Design Development Plans, the Consultant shall
prepare Construction Document Landscape Architectural Plans in sufficient form and
detail to facilitate construction implementation of the proposed improvements.
4.1 Basesheets
Update basesheet information based upon the project Civil Engineer, Architect,
and Golf Course Architect provided information.
4.2 Construction Plans
Prepare Construction, Planting, Irrigation, Signage and Lighting Plans and details
required to accurately locate and construct all Phase II.
Construction Cost Estimates
Consultant shall prepare an Opinion of Probable Construction Costs based upon the
Landscape Architectural improvements designed. Opinion of probable construction costs
will be provided at the completion of the Schematic Design Phase, the Design
Development Phase, and at 50% and 100% completion of the Construction Document
Phase. Estimates will include unit costs and quantities by major or construction item, as
well as contingency and soft cost estimates, ie: Construction management, inspections,
and testing.
6.0 Construction Specifications
Consultant will provide construction specifications for the improvements described above
in CSI Master Format. Construction specifications will be provided at the completion of
the Schematic Design Phase (in outline format only), Design Development Phase, and at
50% and 100°Xu
completion of the Construction Document Phase. Specifications will be compiled by the
Project Manager into a cohesive set, appropriate for public bidding, and in compliance
with the state standard specifications (Greenbook).
7.0 Value Eneineerine
The Consultant will provide value engineering services directly related to their scope of
work, and in conjunction with the other design team consultants. The Consultant will
evaluate .and incorporate where agreed as applicable, value engineering provided by other
design consultants. The Consultant will be available to meet up to three (3) times during
the design process, separate from the regular design progress meetings, for the specific
purpose of discussing value engineering issues for the project.
8.0 Team Interface
The Consultant will interface with other design team consultants through the Project
Manager by incorporating other consultant's design plan concepts as they relate to the
landscape architectural plans and specifications.
The Consultant will provide progress plan drawings as deemed necessary during team
meetings to the Project Manager as well as the necessary design team consultants in order
to communicate design progress and design changes that impact the other design team
consultants' work (note: printing of the progress plan sets shall be included within the
Landscape Architect's reimbursable requirements). Changes from the most recent
progress plan set submittal will be indicated by the Consultant by means of highlighting
or clouding.
The Consultant will be responsible for providing review and comment on other design
team consultant plans (i.e., Golf Course Architect, Civil Engineer, Facility Architect,
private hotel design team, etc.) for consistency with the Landscape Architectural Plans,
adherence to project theming and for purposes of value engineering.
9.0 Biddine Support
The Consultant shall provide assistance during the bidding of the project to include the
following:
• Review and add comments(s) to bid alternates as developed by the Project
Manager.
• Attendance at Pre -Bid Meetings to be held on site.
• Provide assistance to respond to Contractor submitted Requests for Information
pertaining directly to the Landscape Architect's scope of work in the form of
written clarifications or revisions to plans and specifications as appropriate.
• Provide assistance for review of Contractor bids.
Note: The: RDA may bid various multiple subcontractor bid packages or related work
requiring coordination by the Landscape Architect.
10.0 Construction Process
Throughout the construction of the Phase II Components, the Consultant will provide
construction support, including field and office services to include the following.
10.1 Pre -Construction Kickoff Meeting
Attend pre -construction kick-off meetings at the job site with the Contractor, and
the Project Manager to review the site conditions and to discuss key construction
processes relating to the Landscape Architectural scope of work.
10.2 Submittal Review
Review pertinent submittals for the Landscape Architectural improvements
within the construction documents and provide approvals, rejections or requests
for additional information as required.
10.3 Plant Material Review
Review quality of plant material as it is delivered to the site and provide
approvals, rejections or requests for additional material as required.
10.4 Request for Information Response
Provide responses to Contractor and Project Manager issued Requests for
Information in regards to clarification for Landscape Architectural
improvements, and provide design clarification or redesign if necessary.
10.5 Construction Observation
The Consultant will attend weekly coordination meetings at the job site, provide
observation services during the construction process and will provide input and
recommendations as necessary based upon site visits to review construction
progress on the Landscape Architectural improvements.
10.6 Project Close -Out
At the completion of the construction process, coordinate with the Project
Manager for preparation of a punch list which delineates the remaining
Contractor responsibilities in order to complete the project to the satisfaction of
the Contractor's contract.
10.7 Post -Construction Evaluation and Inspection
The Consultant will participate in post -construction job walks prior to the
expiration of the Contractor's maintenance period one year guarantee period.
11.0 As -Built Documentation Preparation
The Consultant shall prepare Record Drawings (as-builts) of the Landscape Architectural
improvernents at the completion of the project. The Record Drawings will be prepared
based upon the field documentation developed by the Project Manager and project sub-
contractors
throughout the construction process. Record Drawings will be provided in computer
format aswell as one (1) reproducible set.
12.0 Meeting. Presentations and Site Visits
12.1 Design Process
The design process is anticipated to occur over an approximate twelve (12)
month period, during which the design team will meet regularly to review design
progress, and periodically to discuss value engineering issues as well as the
project budget and schedule. The Consultant should anticipate up to two (2)
meetings per month to be held at the RDA.
12.2 Design Presentations
The Consultant shall participate in presentations of the project milestones:
• Mid -schematic design
• Schematic design approval
• Mid -design development
• Design development approval
• Construction document approval
At mid -schematic design, there may be more than one, but no more than three
Presentation reviews. Presentations will require preparation of presentation
materials such as exhibit boards, overhead presentations, PowerPoint
presentations, or other methods of communication sufficient to clearly articulate
the project concept, various features of the project and design emphasis, and
other information to ensure consistency with the goals and objectives for the
project.
12.3 Construction Process
During the construction of the Phase H Components, the Consultant will attend
site meetings and make site reviews as necessary to review the work progress.
The construction process is anticipated to occur over an approximate twelve (12)
month period.
12.4 Post Construction Process
The Consultant will provide a post construction site visit as described herein.
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed Six Hundred Fifty Eight Thousand Four
Hundred Twenty Nine ($658,429) except as specified in Section 1.6 - Additional
Services of the Agreement.
+� (im 7f,
D E 5 1 G N G R D U P
FEESCHEDULE
Phase 1 -Entire Project
1.1
Project Theming Services
$
42,000.00
1.2
Schematic Design Services
$
75,000.00
Phase 1
- Streetsc.apes, Entries & Clubhouse
1.3
Design Development Services
$
50,500.00
1.4
Construction Document Services
$
145,000.00
1.5
Constuctien Administrative Services
$
29,500.00
1.6
Field Services "
$
70,800.00
1.7
As -Built Documentation Preparation
$
6,600.00
1.8
Meetings, Presentations, & Site Visits
$
9,000.00
Subtotal $
428,400.00
Reimburseable Expenses (5%)
$
21,420.00
(Not -to -Exceed Cost)
Total for Phase 1 $
449,820.00
Note: x Assumes a one-year construction schedule
D E 5 I G N G R 0 U P
FEESCHEDULE
Phase 2 - Park and Golfcourse **
2.1
Design Development Services
$
20,250.00
2.2
Construction Document Services
$
71,500.00
2.3
Constuction Administrative Services
$
16,400.00
2.4
Field Services ***
$
84,325.00
2.5
As -Built Documentation Preparation
$
2,625.00
2.6
Meetings, Presentations, & Site Visits
$
3,575.00
Subtotal $
198,675.00
Reimburseable Expenses (5%)
$
9,934.00
(Not -to -Exceed Cost)
Total for Phase 2 $ 208,609.00
Note: ** Assumes start date no later than July 1, 2010 and
includes an annual cost -of -living increase of 6%.
Note: *** Assumes an annual cost -of -living increase of 6%,
plus a 200% increase in man hours over original hours
due to a split construction schedule. Also includes a
one-year construction schedule.
Grand Total $ 658,429.00
Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete services presented within the scope of work contained
within Exhibit "A" in accordance with the attached project schedule.
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Exhibit D
Special Requirements
None.
hQum&
P.O. Box 1504
78-495 CALLS TAMPICO
LA QLINIA, CALIFORNIA 922553
February 23, 2009
Mr. Chuck Shepardson
HSA Design Group, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
Dear Mr. Shepardson:
(760)777-7000
FAX (760) 777-7101
The La Quinta Redevelopment Agency ("Agency") and HSA Design Group, Inc.
("HSA") entered into that certain Professional Services Agreement ("PSA") on or
about July 17, 2007. The PSA includes a Schedule of Compensation, which is
attached thereto, as Exhibit "B" (the "Schedule of Compensation"). You have
requested that the Agency permit HSA to, reallocate portions of fees identified in
the Schedule of Compensation for certain services that may no longer require these
funds, into other existing line items, to provide adequate funding for these services
and to provide the Agency with flexibility over the use of the funds. By the
Agency's and HSA's execution below, the Agency and HSA hereby agree that:
1. Line Item Amount Reductions: Task 1.c — Golf Course Theming ($1500);
Task 2.c — Golf Course Schematic Design ($6,500); Task 5.c — Clubhouse
Construction Observation ($5,000); Task 5.d — Roads & .Entries Construction
Observation ($ 5,000); Task 6.a — Golf Course Design Development ($ 8,000); and
Task 7.a — Golf Course Construction Documents ($20,000).
Total Deductions: ($ 46,000)
2. Line Item Amount Additions: Task 1.b — Roads & Entries Theming
$11,000; Task 2.b - Roads & Entries Schematic Design $17,000; Task 3.a —
Clubhouse Design Development $8,000; and Task 4.a — Clubhouse Construction
Documents $10,000
Total $46,000
Chuck Shepardson
February 23, 2009
Page 2
Nothing in this letter shall be interpreted as permitting any such fee reallocations to
result in an increase in the "Contract Sum" (as that term is defined in Section 2.1
of the PSA).
Please sign both originals, and return one original to Debbie Powell, P. 0. Box
1504, La Quinta, CA 92253.
Please do not hesitate to contact Rob Jones, Project Manager, Golf Dimensions,
should you have any questions regarding this letter.
Sincerely,
Thomas P. Genovese
Executive Director
Chuck Shepar46` n
HSA Design Gt4up, Inc.
cc: Doug Evans, Assistant City Manager — Development Services
Rob Jones, Golf Dimensions
City of La GWno
Silvergock Roeort. Phase
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101 1774 551 35 07
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15.000
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13,503
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15000
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26,000
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26000
17.00
43000
19.500
19,500
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20000
19500
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5 42].32v'
REIM6URMU EXPENSES
A.CWnt NO.
Mem lb.
O Cnptiod
Eat AWL
ORIGMAL CONTRACT
Phsea i 0t Design Wak
401-1TIa-55135-07
O.WOoe6
8,185
8.185
72324
2.453.86
312210
SOW90
39^
01 1 TT6551 35 07
Prole.l Roads and Enlnes
a 185
a 185
1.05145
1,051 45
2,133 55
13%
01, 1773551354ll
Gulf Course
2,050
2050,
1,2226C
IM d4
827x
W%
Prof. I m C.U.Cv.n Obaervetlon Work
01 1774.651 3a 04
GIUMOuae
115W
1 5W
i 500 00
CC'.
0147765513a4k
Protect Roach and Enlnes
1,500
15M
150000
PIIHe 2 M Design Work
401. 177355135-07
Goll Course
5934
5934
593400
Pbese 2 0 Conatructidd OWervalloa Wank
apt-117M51 N4
Golf Course
4100
4,100
410000
C:
Tool lbffnr sebie Espenses
31,454
31, 54
5 IM7M
5 Z415331115
6A51.19
26,OIXi
1
ToW Prokmmtla antl nlbonuda s ! ,528
mflzf/46,2/]
y81,1V
MS.SM
1}1'j ei5W
PROJECT:
CONSULTANT:
`e-=y 4 lwQur«rw
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 1
SilverRock Resort, Phase II Landscape Design Services
HSA Design Group
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do
the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work
shall conform to the terms, general conditions, and special provisions of the original Contract.
•,�x�x:x..*ax*:ex��.t****xxxx�.x��x.***xrxxx�:+.+*axx:exx�:,r***x:r:ex�+x*,r*rt*,tx:�x�+��a,r ver:rxx�:x+,r+ax:
DESCRIPTION OF CHANGE
See Exhibit A.
Previous Contract Amount
$658,429
Amendment No. 1
$3,200
Revised Contract Total
$661,629
Submitted
Approved
.****�*..,t*xt,exxx,t*.+r.*x*•*xx*�*..e*r*:r****++�a*ar,t***r*,tea**,r**,t:e*t,t:a«s+*xt**:ex*..�r***x***�.,r*+
We, the undersigned Consultant, havegiven careful consideration to the changeproposed and hereby agree, if this proposal
is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and
perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown
above. _
Accepted
Title:
(t�Jlsrl c�Gj in(r. - Ser✓ice$
Date: / - 4--,W
PSA96041,doc
EXHIBIT A
1i 5, 1 .G 'N G A 0 :u P
Boll ,kmez, -G(AffAinensions
kitisG rail
SAje,cl: Ad-diiiO.:aa1T1aq,s- for -t-VWI Ubtyllttal.
. ...........
Rob:
Jln:.(6spcstlsiW;Itqqes;N from CYWJ) for aWftiofull inf6rmadowr lacd.
111 rld theRi tlow I n prope".41 f6r prur6ssi un A sery icps,rL I ated. to t1l e mtiniIat o-11 of th is, i ji f6ra i a t ippRandcoitipt cttdn OT
:A �ISZA '�Umjllarvl I effliz simijbi"br'dia't tollu"20 6 taus-e —0 :'w ten, 41V _0. -wa er-,.us- :cal:,culati(Ili.-ide.ritifitd,it)
USA work.:
2. MKirmation reggar ding, the Wat.:rsptwc6s Thi's indudek-, mder itif6rination � foil, both file
t
Auni,odt'an I. e:.wq plalljdo ifyiq the locatiolisO t bill' t4y . '11$A'Ay6r'
k.
-,-d t througb4he-City of La Quinta.
Vreparafiollof overall Pjap,for inclusipil W',mAnnittal set, . to QV-VVM
3. th&y t4Wk d' t �rpvAid_ 1- cfrlc4r}at dhibk iJre reasth.aatied doll i 'fie clubhOusa. calculatforts.. (P iting �gteell: andlandscape suupufi ii
Ajrs,,� sop -Ite,�tTonl:t 1_d, & the fak-6)
--p
AS
ml I
1. . P:p y
T $280.00
4. 11c Disiridt reclu irosi that weslibmif, zon4ruction dr-aw'mg&. J or feviewin dr I t U, r
061� n -ortund!, tv-
On mrej 10, Wan Ul� true",to,4Me
Ver s a arge -C �#Wlf g�,�tqqejl r,eq,
INA .Nvoik: Organization, layoutand preparation. d setof co-nStrudion JA . arts -tot CVW,
T6W V
Tli tines that I' V&dtioil' f r: TNOt r Us,4 Q AM h*tO(dat4-N j, (Xvid' -H A PrQP!)$4I , 4SWI Tr �dio S byihe,
4 2 -57 5' 1,101a
LkkbCAPE ARCHITECTURE
CA, 92211'
n
T
PROJECT:
CONSULTANT:
4 XP Qumrcv
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO.2
SilverRock Resort, Phase H Landscape Design Services
HSA Design Group
1Y MANAGP S NFPI
RrrlrrlrlrrrrlRrrrrrrrrlrlrRlwrlwlw!!!!w!!!!!!!w!w!!R!!!!!w!!!!!!!!!!!!!rr!!r!!wr*!!!*!!!*
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do
the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work
shall conform to the terms, general conditions, and special provisions of the original Contract.
!!rlRrlww*!RlrwRRRwRrrrrrRrwwrrwrrwrlwr►rr!!rR!!*w!*R!!RR**RlRr*R***w!!*Rw*!*!!!!*R**R*!***R***!*#
DESCRIPTION OF CHANGE
Evaluation and preparation of cost estimates for the proposed parallel relocation of the All American Canal through
the SilverRock Resort -Property.
Submitted
Approved
Previous Contract Amount
$658,429
Amendment No. 1
$3,200
Amendment No. 2
$5,000
Revised Contract Total
$666,629.00
_?0 -/0
rR*RRR*RA*R*w*rw**wwR!lrrwr:rwrwrrr!!lwwr!*!lrwr!!rr!!!!!!w!r!!w!r!lrrR!!!r!!w*wRr!#!*#Rr*rr**##*#
We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal
is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and
perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown
above. .I / L
Date: /g, �/Q
PSA9604I Am
r,Y
D E S I G N G R O U P
January 4, 2010
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Attn: Doug Evans, Assistant City Manager (Development Services)
RE: Professional Services Proposal for SilverRock Resort — Canal Relocation Cost Estimates
Dear Doug.
Please find attached our Proposal for providing professional services for the evaluation and
preparation of cost estimates for the proposed parallel relocation scenario of the CVVWD irrigation
canal from the drop structure adjacent to #10 tees to the southwest corner of the property.
Based on our previous discussions, the following summarizes the scope of services for this
evaluation:
a) Analysis of construction limits established by RBF.
b) Prepare a summary of impacts of construction to existing golf course, including
recommendations for improvements/changes required during construction and after
completion of parallel channel.
c) Preparation of a preliminary plan graphically identifying the extent of golf course and
landscape areas affected by parallel channel construction.
d) Preparation of preliminary cost estimates for consulting fees and construction work to
reestablish golf course once channel is relocated.
e) Coordination with other consultants (RBF, Harvey Mills Design, Aquatic Design Group
f) Meetings and presentation of information to the City.
Although the tasks required for the completion of the work are noted above, the overall scope is not
completely refined, making it difficult to determine the exact hours associated with each task.
42-635 Melanie Place, Suite 101 LANDSCAPE ARCHITECTURE
Palm Desert, CA 92211 www.hsadesigngroup.com
760.341.1515 tele
760.773.9315 fax h'
Therefore, we propose our services to be billed on a Time and Material / Not To Exceed basis with an
estimate of $5000.00 including reimbursements.
I realize there are monies still remaining on Phase 1 of our contract for SilverRock and would suggest
restructuring our contract to allow for these new services. I would be more than happy to discuss this
in further detail if you decide to go this route.
If you have any questions or comments, please contact me at our office.
Sincerely,
ROWS' WA'
Chuck Shepardson
Principal
HSA Design Group
42-635 Melanie Place, Suite 101 LANDSCAPE ARCHITECTURE
Palm Desert, CA 92211 www.hsadesigngroup.com
760.341.1515 tele
760.773.9315 fax w
PROJECT:
CONSULTANT:
`&*r 4 1wQ"Arw
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO.3
SilverRock Resort, Phase II Landscape Design Services
HSA Design Group
******************************************************************************************
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do
the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work
shall conform to the terms, general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
Preparation of cost estimates for the proposed relocation of the All American Canal through the SilverRock Resort
Property.
Submitted
Approved
Previous Contract Amount
$658,429
Amendment No. 1
$3,200
Amendment No. 2
$5,000
Amendment No. 3
$1,760
Revised Contract Total
$668,389.00
to-I-lo
We, the undersigned Consultant, havegiven careful consideration to the change proposed and hereby agree, if thisproposal
is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and
perform all services nec�ssa to complete th� ve specified work, and hereby accept as full payment the amount shown
above. 7 �n
Accepted
lc/Ci. Date:
PSA96041.dm