Mills, Harvey/SilverRock Irrigation Design 08PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the LA QUINTA REDEVELOPMENT AGENCY
("Agency"), and Harvey Mills Design ("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 Golf Course Irrigation
Design Services for Phase II SilverRock Resort Improvements, 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, inaccurate 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 COMPENSATION
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 One Hundred Twenty-nine
Thousand, Two Hundred Fifty Dollars ($129,250) (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
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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 Majeure. 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.
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3.4 Term. The term of this agreement shall commence on January 16, 2008
and terminate on December 31, 2012 (initial term), This agreement may be
extended upon mutual agreement by both parties (extended term). 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:
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.
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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 bo
written on a policy form coverage specifically designed to protect against 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 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.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless Agency and any and all of its officials, employees and agents
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("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are cause in
whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or subconsultants (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements,
the Consultant shall not be liable for any injuries or property damage resulting from
the reuse of the design at a location other than that specified in Exhibit C without
the written consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless Agency, and any and all
of its employees, officials and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses) incurred in connection therewith and
costs of investigation, where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of Agency to monitor compliance with these
requirements imposes no additional obligations on Agency and will in no way act as
a waiver of any rights hereunder. This obligation to indemnify and defend Agency
as set forth herein is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of Agency under any provision of this agreement,
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Consultant shall not be required to indemnify and hold harmless Agency for liability
attributable to the active negligence of Agency, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of
the liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of Agency.
b. Indemnification Provision for Desian Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless Agency and Agency's
agents, officers, officials, employees, representatives, and departments
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, that arise out of, pertain to, or
relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
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.
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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. Consultant agrees to waive
subrogation rights against Agency regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
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.
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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
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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 coverage.
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.
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18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
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.
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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 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 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
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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
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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.
15
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:
HARVEY MILLS DESIGN
Attention: Brent Harvey
1142 "D" Street
Ramona, CA 92065
(760) 644-6633
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 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.
(SIGNATURES ON FOLLOWING PAGE)
16
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
LA QUINTA REDEVELOPMENT AGENCY
`Thomas P. Genovese, Executive Director Dater
ATTEST:
APPROVED AS TO FORM:
&X'
M. Uherne Jenson "ency Counsel
CONSULTANT: -"Nz\'f % V•`\WS 'J�b&lbki
By:
Name:
Title: q�
Date: p 2 alZ
17
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:
Agency Secretary
APPROVED AS TO FORM:
6O 4De) e,
D e
CONSULTANT: �ILilILy1 WS `r-91(0-1
By: �1G�SC
Name:
v Ex .VVN
Title:— TP S i 61-Q11,t'_
Date: $ 121 Id�
17
Exhibit A
Scope of Services
SCOPE OF WORK
The following tasks shall be performed by the Golf Course Irrigation Designer in the preparation of the
design and construction plans and specifications for the Phase II 18 hole golf course irrigation system.
(Refer to exhibit `D' Phase II Components.)
1.0 Schematic Design Phase (2008)
The following identifies the scope of work associated with the development of the schematic
design plans and specifications for the proposed golf course irrigation system and related
improvements. In addition to the scope of work described below, the designer will be available to
respond to all reasonable requests by the Project Manager, on behalf of the RDA for meetings and
correspondence.
Because of project phasing required to meet the Agency's DDA/DA with LDD SilverRock, LLC,
(Delivery of completed second golf course at resort hotel completion) the schematic design phase
shall be performed from February 2008 through May 2008.
Notes — Components to be consistent with existing golf course.
Incorporate future irrigation pumps for the new golf course with the existing pumps on the
existing golf course to operate as back up systems for one another.
The Schedule of Performance indicates an approximately 23 month period from the completion of
the schematic plans to the start of the design development and construction documents.
1.1 Existing Project Documentation Review
1.1.1 The Designer 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)
1.1.2 Review the conceptual lake system plans as proposed and provide preliminary
irrigation design guidelines for coordination with the Lake Designer.
1.1.3 Provide any suggestions that may create a more economical solution to the golf
course irrigation systems, without compromising the systems performance.
1.2 Project Coordination
The Designer 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 Concept and Development Plans and other available information, and to discuss
the following:
• 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 Designer's product.
• Project budget.
• Project schedule.
1.3 Site Review
1.3.1 The Consultant shall attend a site review meeting with the Project Manager and
other design team members to review existing Phase I conditions, and visit and
analyze the proposed project site.
1.3.2 Study the existing site to obtain a thorough understanding of all turfgrass irrigation
requirements.
1.3.3 Study existing water sources, proposed water storage facilities, site
elevations and water requirements, including the possible utilization of
existing nuisance groundwater.
1.4 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. Consultant shall coordinate with CVWD to determine
all plan ad submittal requirements.
1.5 Schematic Plans
The Consultant shall prepare Schematic Plans, including conceptual designs identifying
the following:
1.5.1 Prepare preliminary water demand analysis.
1.5.2 Prepare a preliminary sprinkler layout and main line routing utilizing the proposed
golf course routing plan provided by the golf course architect.
2
1.5.3 Determine appropriate irrigation system design concepts. Prepare complete head
and piping design of four (4) typical holes of a golf course reflecting proposed
irrigation design concepts which would influence the ultimate construction costs
of a new irrigation system. Develop an approximate location, sizing, and quantity
of field satellite units with the communication method for same four holes.
1.5.4 Compare preliminary water projections against planned water availability.
Analyze the proposed irrigation water supply for the ability to accommodate peak
period requirements based on the current delivery.
1.5.5 Identify the pumping facility requirements and distribution pipe routing and
sizing, for hydraulic requirements and preliminary peak demand flow -rates.
1.5.6 Simulate water distribution of various heads anticipated in the final design of
irrigation system. Utilize a computer program for test data to determine water
distribution and uniformity of applicable irrigation heads by spacing, nozzle size,
and pressure.
1.5.7 Requirements of the other team members directly related to the lake system. Most
importantly, identify the site hydrologic requirements and constraints.
1.5.8 Project budgets and schedules.
2.0 Design Development Phase (2010)
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, as
further defined by the RDA prior to initiation.
2.1 Basesheets
The Consultant shall prepare basesheets based upon the Golf Course Architect or
project Civil Engineer -provided horizontal control base information in a standard
working drawing format as required by the RDA.
2.2 Design Development Plans
The Consultant shall prepare Design Development Plans and details as needed for all
components of Phase II, and identify all materials, sizes, quantities, performance
standards, etc.
2.2.1 Provide criteria regarding turfgrass water requirements, potential water sources,
power requirements and power locations.
3
2.2.2 Detailed information based on this preliminary design, for electrical services
requirements and equipment locations to aid the design team in the development
of the overall project power requirements.
2.2.3 Provide an annual water use projection to be used in the evaluation of existing
water sources, existing well data and pumping requirements, to include all golf
course areas.
2.2.4 Determine turfgrass and landscape crop coefficients, estimated management
factors, and anticipated irrigation distribution uniformity to determine net monthly
system water requirements. Indicate by hole, the total season water requirements
in gallons and acre-feet, as well as peak flow demand. Develop detailed monthly
projections by turfgrass type (list per month) throughout the year indicating net
application rate, monthly usage, and total yearly requirement.
2.2.5 Provide color renderings showing sprinkler coverage.
2.2.6 Provide complete turfgrass irrigation system pipe routing, sizing and flows.
2.2.7 Prepare a distribution hydraulic network analysis model identifying proposed
distribution piping by node and pipe section. Include pertinent data such as
elevations, demand nodes, hydraulic grades, and pressure regulating valve
locations (if required).
2.2.8 Identify total material required for installing the preliminary distribution network
and corresponding irrigation design drawings to estimate probable construction
costs of the final irrigation system. Utilize typical fairway designs to project the
final quantities of the completed irrigation system.
2.2.9 Prepare a preliminary "Estimate of Probable Cost' of construction of the golf
course irrigation system at the completion of Design Development Phase of work.
2.2.10 Attend a minimum of (3) three meetings during the design development phase of
work. The first meeting will provide general information and coordination with a
goal towards a complete understanding of all issues related to the golf course
irrigation design by related team members. Other meetings will be held to present
general recommendations relevant to the golf course irrigation design and to
present the first preliminary "estimate of probable costs" of construction for the
golf course irrigation system.
2.2.11 Identify possible drainage needs based on elevations, slopes, and irrigation
distribution.
3.0 Construction Document Phase (2010)
After approval by the RDA for the Design Development Plans, the Consultant shall prepare
Construction Document Plans in sufficient form and detail to facilitate the construction
implementation.
4
3.1 Basesheets
Update basesheets based upon information provided by the project Civil Engineer,
Landscape Architect, Clubhouse Architect, Golf Course Architect, and various design
consultants.
3.2 Construction Document Plans
3.2.1 Provide the design criteria for the pump station building(s) with specific size and
construction recommendations.
3.2.2 Provide points of connection for future landscaping needs.
3.2.3 Prepare construction drawings for the irrigation system using AutoCAD. Consider
the character of the course, exposure, topography, turf types, maintenance
requirements, and soil conditions. Utilize the results of the preliminary design
analysis and design development strategies.
3.2.4 Prepare detailed -construction drawings of the hydraulic distribution piping
network, including routing, sizing, and isolation valve locations.
3.2.5 Prepare control system drawings for the control system equipment and indicate the
locations of field satellite units and limits of service, central computer, weather
station, and communication cable routing.
3.2.6 Develop irrigation construction details for appropriate components as necessary to
communicate intent of the design and identify the components of the installed
irrigation equipment assemblies, including sprinklers, piping system, control
system, and wiring.
3.2.7 Assemble project manuals to incorporate the irrigation system and pumping
facility, technical specifications, supplemental unit pricing, and general and
special conditions.
3.2.8 Be available for up to four (4) meetings with the project manager, the RDA, and
RDA staff.
3.2.9 Provide updated budget projections to verify that the proposed design is
commensurate with the RDA's construction budget. The construction cost
estimate will update the estimate prepared during the design development phase.
This estimate will also be prepared in a spreadsheet format, to include any and all
items covered in the lake system Scope of Work and will be prepared in the same
format as the lake system bid sheets to allow for easy comparison to bids at the
time of contractor selection.
5
4.0 Construction Cost Estimates
Prepare Construction Costs based upon the approved designs. 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 construction item.
5.0 Construction Specifications
Provide construction specifications for the improvements described above in CS] 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% completion of the
Construction Document Phase.
6.0 Value Eneineerine
Provide value engineering services directly related to their scope of work, and in conjunction with
other design team consultants. The Consultant will evaluate and incorporate where agreed as
applicable, the value engineering provided by other design consultants. The Contractor 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 related to the
project.
7.0 Team Interface
The Consultant will interface with other design team consultants through the Project Manager by
incorporating other design plan concepts as they relate to the landscape architectural plans and
specifications.
The Consultant will provide progress plan drawings as deemed necessary during the 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. 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 reviews and comments for other design team
consultant plans (i.e., Golf Course Architect, Civil Engineer, Lakes & Water Features Designer,
Facility Architect, Private Hotel Design Team, etc.) for consistency throughout the project.
8.0 Bidding Support
The Consultant shall provide assistance during the bidding of the project to include the following:
10
• 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 G.C. Irrigation System Design scope of work in the form of written
clarifications or revisions to plans and specifications as appropriate.
• Provide assistance reviewing Contractor bids.
9.0 Construction Process
Throughout the construction of Phase II the Consultant will provide construction support,
including field and office services to include the following;
9.1 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 Golf Course Irrigation scope of work.
9.2 Submittal Review
Review pertinent submittals for the Golf Course Irrigation System improvements within
the construction documents and provide approvals, rejections, or requests for additional
information (as required).
9.3 Material Review
Review quality of materials (as delivered to the site) and provide approvals, rejections or
requests for additional material (as required).
9.4 Request for Information Response
Provide responses to Contractor and Project Manager issued Requests for Information in
regards to clarification for Golf Course Irrigation System improvements and provide
design clarification or redesign (if necessary).
9.5 Construction Observation
9.5.1 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 the site visits to review construction
progress on the Golf Course Irrigation System improvements.
9.5.2 Field observations of the irrigation construction will be conducted during each
field visit to verify proper system installation and coordinate related construction.
Visual inspections of the contractor's work will include head spacing, thrust
blocking, fitting installation, controllers, wire splices, and other relevant items.
9.6 Project Close -Out
9.6.1 At the completion of the construction process, coordinate with the Project
Manager for the preparation of a "punch list" which identifies the remaining
Contractor responsibilities in order to complete the project to the satisfaction of
the contract.
9.6.2 Schedule and conduct a preliminary walk-through with the Contractor to review
the irrigation installation and system operation. Walk-through will consist of a
physical and operational walk-throughs. Activating each station electronically
during the operational portion of review, and check each head for proper operation
and arc adjustment. Review all above grade equipment and below grade valve box
components during the physical portion of walk-through. Prepare a "Punch List"
of all items that require corrections by the Contractor before final acceptance is
granted.
9.6.3 Conduct a final walk-through with the Contractor to insure that the installation is
complete, all necessary corrections or adjustments have been made, and that all
equipment and maintenance manuals have been provided.
9.6.4 Utilizing GPS or Total Station survey equipment, continuously map throughout
the construction phase the locations of all sprinklers, valves, controllers, and wire
splices.
9.6.5 From a construction staking survey, produce feature analysis indicating area in
square feet for each golf feature including greens, tees, fairways, roughs,
landscape areas, and water features. Produce record drawings indicating each of
these specified areas by golf hole. Include lined measurement and outline the cart
paths and water features.
9.6.6 Prepare final record drawings of the golf course irrigation system. Record
drawings will be in AutoCAD format provided on vellum plot and include "As-
builts" Mechanical, Electrical, Communication, and Control Wiring Sequence
drawings.
9.6.7 Provide the owner's representative with all relevant maintenance and operations
manuals of irrigation equipment.
9.6.8 Prepare colored version of the record drawings (laminate in plastic) for use in the
Golf Course Superintendents office.
Fi
9.6.9 Prepare individual field satellite unit drawings and plot from the final record
drawings to indicating station and area served by each satellite unit. Bind in 3 ring
binder to provide a field set of all record information.
9.6.10 A final inspection and walk through will be provided to ensure the irrigation
contractor has completed the project per the final irrigation design and
construction documents. A "punch lift" will be prepared and provided to the
owner for distribution to the golf course contractors.
9.6.11 Prepare Computer Generated Final Construction Drawings. This plan will include
locations of all sprinklers, valves, drains, piping, controllers and measurements.
9.6.12 Provide an Interactive Electronic GPS Mapping and final layout report (Cirrus or
TMAP).
9.6.13 Provide set-up, programming, and training for golf course irrigation personnel. A
minimum of 8 hours of training will be provided for all designated golf course
personnel.
9.7 Post -Construction Evaluation and Inspection
The Consultant will participate in post -construction job walks prior to the expiration of the
Contractor's maintenance for a one-year guarantee period.
10.0 As -Built Documentation Preparation
10.1 The Consultant shall prepare Record Drawings (as-builts) of the golf course irrigation
system 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 as well as one (1) reproducible set.
10.2 Following completion of each hole grading and shaping, a survey of all new golf course
features including greens, tees, fairways, bunkers, cart paths and trees. Design an
irrigation system for each constructed hole to include heads, laterals, and programming.
Irrigation "Heads" layer of Auto CAD drawing file will be downloaded into total station
survey equipment, and heads locations will be surveyed from the AutoCAD design.
Staking will include sprinkler heads, controllers, specialty valves, quick couplers, and any
other relevant items. Perform staking of all turfgrass irrigation heads. A staking report
will be sent after each visit accounting for work in progress, work completed, and variance
from design.
10.3 Distribute to Contractor "As -Surveyed" drawings within 48 hours from surveying the
heads, including field adjustments (if necessary), routing of distribution piping, and
location of field satellite units.
01
11.0 Meetings, Presentations and Site Visits
11.1 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 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 with the RDA.
11.2 Design Presentations
The Consultant shall participate in presentations of the project milestones and 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.
11.3 Construction Process
During the construction of the Phase I1, 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.
11.4 Post Construction Process
The Consultant will provide a post construction site visit as described herein.
10
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation/Cost Proposal 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 One Hundred Twenty-nine
Thousand, Two Hundred Fifty Dollars ($129,250) except as specified in Section
1.6 - Additional Services of the Agreement.
RARVEY MILLS DESIGN
GOLF COURSE IRRIGATION CONSULTING
COS-1' PROPOSAL
Phase I —Schematic Design and Design Development (2008)
Coordination Meetings with Design Team
Phase II —Construction Documents (May 2010 to June 2011)
Construction Staking (August 2011)
Construction Staking Contingency (Re -staking architectural changes)
Record Drawings (November 2011)
Control System Programming and Mapping (2012)
Total (USD)
Expense Allowance (historical average)'
Grand Total (LSD)
$ 8,000.00
5,000.00
28,500.00
35,750.00
10,000.00
10,000.00
18,500.00
$ 115,750.00
$13,500.00
$ 129,250.00
"The expense allowance noted above is an estimate based on past projects for per diem travel and incidental expenses that
will be billed for each site visit. Published California State Standard Per Diem rates will apply for hotel, meal, and incidental
expenses. Back-up for these expenses will not be included unless requested. Reproducible expenses such as plotting and
delivery services will be billed at cost plus 15% for administrative handling. These expenses will include all backup.
The fee noted above is based on 12 site visits by HMD staff (including meetings, staking, walk-through, programming and
special events. 5 additional meetings for coordination with the design team have also been Included In the fees note above.
Additional surveying of golf course features architectural changes made after final staking trip have been included in the
Construction Staking Contingency fee noted above. These fees will only be billed if changes are required due to golf course
architectural changes.
Standard Hourty Rates (USD):
Principal $175.00 per hour
Project Manager $125.00 per hour
Staf Technical f $ 95.00 per hour
Administrative Staff $ 75.00 per hour
Items not included:
• Electrical engineering to provide service to pumping facility.
• Structure engineering of pump station slabs or buried vault.
• Architectural or structural design of pumping facility enclosures.
• Water features or associated recirculation pumping facilities.
• Clubhouse detailed irrigation design not included. Fee includes designing future stub locations of water supply and wire
for this area only.
• Landscape irrigation design within golf course corridor. Wire stub locations will be identified on construction documents
for future connection by landscape designer or contractor.
TR
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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.
F`k OF Tti"t4'
PROJECT:
CONSULTANT:
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO. 1
SilverRock Resort, Phase II Landscape Design Services
Harvey Mills Design
Pursuant7to 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.
k*****k***********k***hk********kk******************k***********k*k*********************kkk*******
DESCRIPTION OF CHANGE
Evaluation and preparation of cost estimates for the proposed parallel relocation of the All American Canal through
the SilverRock Resort Property.
kk***k***RR******************k******kkkk****k*k*****kk*******k********************R***************
Previous Contract Amount
$129,250
Amendment No. 1
$3,150
Revised Contract Total
$132,400.00
*******************k*********k******kkk***k******************kkk*****kkk***************kkk****k***
Submitted
Approved
*****kk****k*********k***k********kk********k*****k********k*******kk*******k********k*****k*****k
We, the undersigned Consultant, havegiven careful consideration to the changeproposed and hereby agree, !f 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 necessary to complete the above specified work, and hereby accept as full payment the amount shown
above.
Accepted
aRVEy r1�1,� tslbt�! Date:
PSA96041.dm