Pinnacle Design/SilverRock 04PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the "Agency"), and
Pinnacle Design Company. (The "Contractor"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to Landscape Architecture, as
specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "work"). Contractor 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. Services will be provided to the Agency.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid, which shall be incorporated herein by this reference as though fully set
forth herein. In the event of any inconsistency between the terms of such proposal and this
Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
Municipality, the Agency, and any and all Federal, State or local governmental agency of competent
jurisdiction.
1.4 Licenses, Permits, Fees, and Assessments. Contractor 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. Contractor 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.
1.5 Familiarity with Work. By executing this Agreement, Contractor
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 the Contractor discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the Agency, it shall immediately inform Agency of such
fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof).
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to person, 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 Contractor
shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective
work at no further cost to the Agency, when such inaccuracies are due to the negligence of
Contractor.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the Contractor shall perform services in addition to those specified in the Scope of
Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that
Contractor shall not be required to perform any additional services without compensation.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to the Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto
as Exhibit "B" and incorporated herein by this reference. The Contractor shall be compensated in an
amount not exceeding One Hundred Ninety -Two Thousand and Fifty -Five Dollars ($192,055) (the
"Contract Sum"). The method of compensation set forth in the Schedule of Compensation will
include payment for time and materials, not -to -exceed, based upon the Contractor's rates as specified
in Exhibit `B".
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to the Agency no later than the tenth (10t') working day of such
month, in the form approved by the Contract Officer, 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, (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice
shall contain a certification by a principal member of Contractor specifying that the payment
requested is for work performed in accordance with the terms of this Agreement. The Municipality
or the Agency, whichever is appropriate based upon the election of the Agency and the Municipality,
will pay Contractor for all expenses stated thereon which are approved by the Municipality or the
Agency pursuant to this Agreement no later that the last working day of the month.
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 performance of this Agreement.
3.3. Force Majeure. All time periods specified 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 the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay is
justified, and the Contracting Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 and 7.8 of
this Agreement, this Agreement shall continue in full force and effect for one (1) year, from the date
of the execution of this Agreement.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
1. Ronald B. Gregory, Partner
2. Ken Alperstein, Partner
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 the Agreement for
directing all activities of Contractor and devoting sufficient time to personally supervise the services
hereunder. The foregoing principals may not be changed by Contractor 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 the Assistant Executive
Director or such other person as may be designated by the Executive Director of the Agency. The
Contract Officer has been authorized to act on behalf of the Agency for the purposes of this
Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor 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 Contractor, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approvajl of the 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 the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor with only such obligations as are consistent
with that role. Contractor 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. The Agency shall provide Contractor with any plans,
publications, reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to the Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. The Contractor shall procure and maintain, at its cost, and
submit concurrently with its execution of the Agreement, public liability and property damage
insurance against all claims for injuries against persons or damages to property resulting from
Contractor's acts or omissions rising out of or related to Contractor'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 Contractor's performance hereunder and neither
the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming the Agency and its officers and employees as additional insured shall be
delivered to and approved by the 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
Coverage (personal injury/property damage)
Less than $50,000
$100,000 per individual; $300,000 per occurrence
$50,0004300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
$500,000 per individual; $1,000,000 per occurrence
The Contractor shall also 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 the Contractor, its officers, any directly or indirectly employed by the Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement. 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 Contractor's performance
hereunder and neither the Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming the Agency and its officers and employees as
additional insured shall be delivered to and approved by the Agency prior to commencement of the
services hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance with State
Workers' Compensation laws.
The Contractor shall procure professional errors and omissions liability insurance in the
amount acceptable to the Agency.
All insurance required by the Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days' written notice of proposed
cancellation to Agency. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the
Agency, its officers, employees, contractors, subcontractors or agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless
the Agency, its officers, officials, employees, representatives and agents, ("Agency indemnitees"),
from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to
property (including property owned by the Agency) ("Claims") and for errors and omissions
committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement, except to the extent of
such loss as may be caused by Agency's own active negligence, sole negligence or willful
misconduct, or that of its officers or employees.
In the event the Agency indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the
Agency indemnitees, or at the Agency's option, reimburse the Agency indemnitees their costs of
defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnitees. h& X" `, 'A.f , A'aJzA (P
5.3 Remedies. In addition to any other remedies the Agency may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, the Agency, at its sole option:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the Agency
may have and are not the exclusive remedies for Contractor'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 Contractor may be held responsible for payments of damages to person or
property resulting from Contractor's or its subcontractorsO performance of work under this
Agreement.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Contractor 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 principles. 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of Agency and shall be delivered to Agency upon the termination of this Agreement
or upon the earlier request of the Contract Officer, and Contractor shall have not 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. Contractor may retain copies of such
documents for its own use. Contractor shall ensure all subcontractors to assign Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor 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. Contractor shall not disclose to any other private entity or person any
information regarding the activities of the City or Agency, except as required by law or as authorized
by the 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 Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. 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 claim
therefor. The injured party shall continue performing its obligation 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, the Agency may take such immediate action as the Agency
deems warranted. Compliance with the provisions of this Section shall be a condition precedent to
termination of the 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
Contractor sufficient funds to compensate Agency for any losses, costs, liabilities or damages it
reasonably believes were suffered by Agency due to the default of Contractor in the performance of
the services required by the Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting 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 Contractor 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 Contractor. 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 cutO, 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. The Agency reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor 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 (Exhibit `B") or such
as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the
provision of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owned the 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 connections with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees. No officer or employee of
the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the Agency of for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of the Agreement.
8.2 Conflict of Interest. No officer or employee of the 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 effects his personal interest or the interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given and
will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor 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, disability or ancestry in the performance of the
Agreement. Contractor 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, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties 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 9.1.
To Agency:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant Executive Director
To Contractor:
Pinnacle Design Company
74-020 Alessandro, Suite E
Palm Desert, CA 92260
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, 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 all parties.
9.4 Severability. In the event that any or more of the phrases, sentences,
clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceable shall not effect 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 Authority. 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.
Dated: /
ATTEST:
APPROVED AS TO FORM:
&Agen..c/C6ounselqo�
Dated: s, st.O4
LA QUINTA REDEVELOPMENT
AGENCY,
By:
EXECUTIVE DIRECTOR
"AGENCY"
By:
Name: W t LL t A.A&_�•O 1Q •fi�SG H"
Title: G Fo I hU40LIS'M g�
"CONTRACTOR"
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EXHIBIT A
SCOPE OF SERVICES
I. Scope of Services - Tasks, Subtasks and Deliverables
A. Pre -design meeting and research phase
1. Pinnacle Design Company will coordinate meetings between our team
(Pinnacle Design Company and Nolte Associates) the City Project Manager,
City Staff project master planner and the golf course architect to discuss (2
meetings included in this scope).
a. Design parameters
b. Budget
c. Scheduling
2. This phase will also include research of:
a. Existing topographic and road engineering.
b. Existing hydrology information.
c. Location of existing utilities within the parkways and building sites for
reference.
d. Review of landscape theme and plant material being
designed on Palmer course for coordination.
3. Deliverables: Summary report of our understanding of the project's design
parameters, budget, scheduling and any issues which need to be resolved prior to
commencement of design.
B. Conceptual Design Phase
Preparation of a conceptual design indicating:
a. Proposed plant palette.
b. Overall landscape theme indicating tree locations at 100 scale, with
enlargements of selected areas to indicate detail of shrub and ground cover
design .
c. Multi -use trail layout.
d. Fencing and berming (terming at exterior parkways only).
e. Corner statement at Jefferson and Avenue 52.
f. Corner statement at Jefferson and Avenue 54.
g. Avenue 52 entry with lake design by PACE incorporated into the plan,
indicating; planting, enhanced paving, fencing and monumentation.
h. Maintenance facility, indicating planting, pedestrian circulation, fencing
and monumentation.
i. Conceptual grading studies (any deviations from the master plan grading will
be designed as an additional service, after approval of this phase plan).
j. Conceptual estimates of probable construction costs.
2. Meetings with project manager, city staff, Palmer and PACE to discuss the
concept and review suggestions (4 meetings included in this scope).
3. Deliverables: 4 sets of the conceptual design.
C. Preliminary Design Phase
1. Incorporation of comments from the conceptual design phase and preparation of a
preliminary design at 100 scale, with selected enlargements as described in the
conceptual design phase, for review by the City Planning staff and possibly City
Council.
2. Preliminary level grading design.
3. Updated estimate of probable construction cost.
4. Attendance at City review meetings and coordination with other project
consultants as necessary (5 meetings included)
5. Deliverables: 1 colored set of the preliminary design plotted and mounted on
boards for presentation, 4 sets of bond copies and a CD with the presentation in
JPEG format.
D. Construction Documents (20 scale)
1. Incorporation of comments received in preliminary phase, and preparation of
bid documents, including:
a. Grading and drainage plans prepared by a licensed civil engineer. Limited to
berm for exterior parkway.
b. Hardscape plans indicating dimensioning and details for all approved
hardscape elements, such as enhanced paving, multi -use trail, fencing/wall,
monumentation and pedestrian circulation. (civil engineering and sub surface
drainage design for hardscape will be by others).
c. Irrigation plans, indicating points of connection, controllers, valves, mainline
and heads. Irrigation points of connection and controller locations will be
coordinated with the golf course system, and will utilize the existing
electrical design for the golf course to service the controllers. Includes
processing through CVWD. (Electrical design, if any, by golf course
irrigation designer).
d. Planting plans; indicating plant legend with all plants categorized by common
and botanical names, quantities and sizes, all tree, shrub and ground cover
locations.
e. Accent light fixture specifications and location (circuiting, panel size and
electrical engineering by others).
f. Details as need for construction of the work within our scope.
g. Specifications based on our standard construction specifications with general
and special conditions as coordinated with the City.
h. Final estimate of probable construction cost.
2. Meeting with City staff to review the documents and pick-up plan check
corrections. (1 meeting included)
E. Bid Phase
a. Our team will attend one pre -construction meeting and 2 additional meetings.
b. Our team will be available to respond to questions from bidders. (Bid
coordination, including advertisement, pre -qualification of bidder, and
distribution of sets is not included).
F. Construction Phase
Construction phase services are not included in this scope of work.
G. Civil Enaineerina Notes
Field Surveys and Maaaina
Nolte shall be provided, by the La Quinta Redevelopment Agency, with digital
design, horizontal and vertical control of the street, parkway, property line and
adjacent interior project property along the perimeter of the project for the purposes
of establishing a base of information for to perform civil engineering services below.
No additional surveying is anticipated, however in the event the information to be
provided is not adequate to perform the civil engineering services, Nolte shall notify
the La Quinta Redevelopment Agency and enter into a separate agreement to provide
the information.
Construction Documents
Nolte shall prepare construction level design documents for the parkway grading and
drainage. It is anticipated that any localized landscape or storm drain run-off will be
handled by connection to onsite project systems. It is assumed that no separate Storm
Water Pollution Prevention Plan will be required for the parkway grading and that the
Silver Rock Ranch project will address the requirements of and the conformance with
the local Regional Water Quality Control Board Requirements. The civil engineer
responsible for the exterior street design is assumed to be providing the basic
hydrology and hydraulics information that will address the street and parkway run-
off.
Nolte shall provide coordination and assistance in the construction document phase,
update the cost estimate to a final design level and prepare the civil engineering
specifications for the project, in conformance with the "Green Book" standard
specifications for Public Works Construction, 2000 Edition as part of the
specification format provided by the landscape architect.
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EXHIBIT C
SCHEDULE
Proy2sal Schedule
Following is our proposed schedule for the design:
A. Pre -design, Following notice to proceed from the City of La Quinta, we will schedule a
meeting with the project team to discuss design goals and the budget. We suggest this
meeting occur after the February 17 golf course budget meeting. Presume February 23.
Complete pre -design work and prepare summary report: March 8.
B. Conceptual design, Submit to project team and City Staff. April 5, comments back by
April 9.
C. PrelimigM design, Submit to project team and City Staff: April 26; comments back by
April 30.
D. Construction Documents, submit to City and CVWD: June 4, comments back by
June 25 submit final set to the City for bidding:
July 2.
Amendment `A'
Indemnification; paragraph 5.2
It is understood that references to defense and indemnification of the Agency pertain to
negligent performance under this agreement by the Contractor, Pinnacle Design Co.
LaQuinta Redevelopment Agency
By:
Edgecourse, Inc., dba Pinnacle Design Co.
ti
racu
4 4a QdA
of r9�
PROFESSIONAL SERVICES AGREEMENT:
PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURE AT
SILVERROCK RESORT, PROJECT NO. 2002-07
CONSULTANT: PINNACLE DESIGN COMPANY
Attention: Doug Enroth
74-020 Alessandro, Suite E
Palm Desert, CA 92260
AMENDMENT NO. 1
******************************************************************************
Pursuant to the terms of the original Professional Service Agreement, you are hereby directed to
make the herein described changes or do the following described work not included in the Scope
of Services for the Agreement. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the Agreement.
******************************************************************************
DESCRIPTION OF CHANGE
The Consultant shall perform three (3) site visits reviewing six (6) holes each time; flag the
material and comment on any additional landscape changes (i.e. sodding, installation of trees,
etc.), including spotting material in empty emitters; prepare a list of plant material and a cost
estimate for each visit; and provide list to the City, which will coordinate installation of the
material., all in accordance with the scope of work presented in the attached Additional Field and
Design Work Request, dated February 2, 2006, attached and made a part hereof.
******************************************************************************
Previous Contract Amount Through Amendment No. -0- $1929055.00
Add this Amendment No. 1 . $5,500.00
Revised Contract Total $197,555.00
The contract completion date is not affected.
******************************************************************************
Submitted Date: ,-,
By:
(�
Approve �`l ``` Date:/
By:�/y a
******************************************************************************
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 , except a may be noted above, and perform all services necessary to
complete the above,
,gAqQed work, ahif hereby accept as full payment the amount shown above.
Accepted By: ,oL / 'C�(�I"/( Title: G Fo
Consultant: ' tl o N pcGLG rl %51L-.Trj Z-4n, . Date: 3.2D • o
`ea
4 4 Qum&
�z
OF'h'°FS
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 2
LANDSCAPE ARCHITECTURE AT SILVERROCK RESORT, PROJECT NO. 2002-07
CONSULTANT: PINNACLE DESIGN COMPANY
Attention: Doug Enroth
74-020 Alessandro, Suite E
Palm Desert, CA 92260
tt**t t****t Y t*4*tii**tit***Y**4******i**4***14*i**six****4****i***iY**4*4****Yi f*4
Pursuant to the terms of the original Professional Service Agreement, you are hereby directed to make the
herein described changes or do the following described work not included in the Scope of Services for the
Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special
provisions of the Agreement.
DESCRIPTION OF CHANGE
The Consultant shall observe the progress of Project No. 2002-07 0 SilverRock Resort On -
Site & Off -Site Native Area Enhancements for additional plant material and landscape
improvements of the golf course, existing clubhouse, entry drive, and perimeter parkways
at SilverRock Resort. The consultant will flag the material and comment on any additional
field changes (i.e. sod, installation of trees, additional irrigation, etc.) including spotting
material for empty emitters.
Previous Contract Amount through Amendment No. 1 $197,555
Add this Amendment No. 2 $11,900
Revised Contract Total $209,455
The contract completion date is not affected.
/i
Submitted By: - - Date: -1 -
/7 1O)
Approved By: // Date: f a/06
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.
Accepted By:
Consultant: Title: