Purkiss-Rose/Park Master Plan 00PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and entered into by and
between the CITY OF LA QUINTA, (the "City"), a California municipal corporation, and PURKISS-ROSE-RSI,
a California corporation, (the "Consultant"). The parties hereto agree as follows:
1.0 SERVICES OF Consultant
A. Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services related to the Community Park Master Plan Update, as specified in the "Scope of Work"
attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant
agrees 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.
B. Consultant's Proposal. The Scope of Work shall include the Consultant's proposal or bid, if any, 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.
C. Compliance with Law. All services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules, regulations and laws of THE CITY OF LA QUINTA and any Federal, State
or local governmental agency of competent jurisdiction.
D. Licenses. Permits. Fees and Assessments. 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.
E. Familiarity with Work. By executing this Agreement, Consultant represents that (a) it has investigated
and considered the work to be performed, (b) it has investigated the site of the work and acquainted itself with the
conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it understands
the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the
Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as
represented by THE CITY, it shall immediately inform THE CITY of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer (as defined in 5.13 hereof).
F. Care of Work. The Consultant 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 persons or property, until acceptance of the
work by THE CITY, except such losses or damages as may be caused by THE CITY'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 THE CITY, when such inaccuracies are due to the negligence of
Consultant.
G. Additional Services. In accordance with the terms and conditions of this Agreement, the Consultant shall
perform services in addition to those specified in the Scope of Work (Exhibit "A") and the Project Schedule, attached
as Exhibit `B" hereto and incorporated herein by reference, 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 fifteen percent (15%) of the Contract Sum may be approved by the Contract Officer.
Any greater increase must be approved by the City Council.
2.0 DELIVERABLES.
A. Generall . Consultant shall be responsible for preparation of Instruments of Service or deliverables as
specified in the List of Deliverables (Exhibit "C"), attached hereto and herein incorporated by reference. All written
deliverables shall be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on one side only, and
on a 3.5" disk in Word Perfect 7 format. All graphic material shall be as specified in Exhibit "C" or as directed by
the City.
B. Meetings, The meetings corresponding to services for this contract are set forth in the Lists of Meetings,
attached as Exhibit "D" and herein incorporated by reference. The List of Meetings may be amended by mutual
consent of the CITY'S CONTRACT OFFICER, and Consultant.
C. Monthly Progress Reports. Consultant shall submit to THE CITY a written monthly progress report
attached to the request for payment. These reports are considered a deliverable and, as such, a condition of this
Agreement.
Each progress report shall include, at a minimum, the following:
• For each Task, a brief statement of the work performed since the last monthly progress report;
• For each Task, a comparison of actual accomplishments to established objectives, milestones and/or
deadlines;
• Identification of reason(s) for "slippage" or "delay" if deadlines were not met or for failure to meet
objectives or milestones.
• Discussion of any issues that may have arisen or are expected to arise, problems encountered,
changes in personnel, etc., that could affect or are affecting the work.
• Discussion of any proposed changes in or amendments to the Scope of Work, attached hereto and
herein incorporated by reference, and any delays or deviations from the Project Schedule, attached
as Exhibit `B" hereto and incorporated herein by reference.
• Work planned for the next reporting period and anticipated accomplishments.
Each monthly progress report shall be updated to reflect an entire calendar month and subsequently submitted as
a required attachment to any request for payment submitted by Consultant_ Receipt and approval of monthly
progress reports by THE CITY is mandatory prior to any issuance of payment to Consultant.
D. QuarterlLpdate. THE CITY may require that Consultant update the Project Schedule on a quarterly
basis, dependent upon the nature and number of extensions that may have been previously approved. These updates
are considered a deliverable and, as such, a condition of this Agreement.
3.0 COMPENSATION.
A. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY shall pay to Consultant
an amount not to exceed thirteen thousand, eight hundred and fifty dollars ($13,850) in accordance with the "Project
Budget ", dated, and attached as Exhibits "B", and "Hourly Rates" as specified in a letter dated, attached as Exhibit
"F", each Exhibit which is incorporated herein by reference.
B. Maximum Amount of Allowable Costs. The "Project Budget " and "Hourly Rates" attached as Exhibits
"B & F", states the maximum allowable costs ("total costs" as shown in the last column) for each of the tasks
identified in the "Scope of World' Exhibit "A" and supplements thereto, all of which are attached and incorporated
herein by reference. To shift funds from task to task in order that the maximum allowable cost for any task is to
be increased or decreased requires the mutual consent of THE CITY'S CONTRACT OFFICER, and the Consultant.
Preparation and distribution of a letter of confirmation by Consultant shall be incorporated as a matter of record into
this Agreement upon mutual consent to shift funds.
C. Payment to Consultant. Payment shall be made to Consultant only. It shall be the responsibility of
Consultant to pay all Consultants, subConsultants and/or vendors for purchased goods or services.
D. Payment in Arrears. Payment to Consultant shall be made in arrears, not more frequently than once
every month, except that advance payments may be made for expenses related to - "Workshops" when
circumstances dictate and when approved by THE CITY.
E. Total of Invoices. The total of all invoices for tasks submitted by Consultant shall not exceed the amount
set forth in the AGREEMENT SUM above.
F. Actual Costs. Reimbursement for the services of Consultant shall be based upon actual expenses
incurred.
G. Method of Payment.
1). Consultant shall prepare a'checklist of milestones (Project Milestones for Progress Payments, Exhibit
"G"), such as meetings (List of Meetings attached as Exhibit "D"), and/or deliverables (List of Deliverables attached
as Exhibit "C") or other readily identifiable achievements, together with the percent of work represented by that
milestone, deliverable, and/or achievement of the total work to be completed fo fulfill the terms and conditions of
this Agreement. A corresponding entry for each milestone, deliverable, and/or achievement shall be included in
the Project Schedule, attached as Exhibit "B" and incorporated herein by reference. Subsequent to THE CITY'S
approval of this checklist, payment up to and including ninety percent (90%) of the maximum allowable cost for
each task shall be made to Consultant in accordance with the checklist. By way of example, for a month in which
Consultant prepares and submits to THE CITY a draft report which is identified on the checklist as representing
thirty percent (30%) of the total work to complete that Task, Consultant may request payment in the amount of thirty
percent (30%) of the maximum allowable cost for that task. THE CITY shall make payment to Consultant for all
such requests for payment up to but not exceeding an amount greater than ninety percent (90%) of the maximum
allowable cost for that task. Aforementioned Project Milestones for Progress Payments as approved by THE CITY
is attached as Exhibit "G" an incorporated herein by reference.
2). THE CITY shall withhold and retain ten percent (10%) of the maximum allowable cost for each of the
aforementioned tasks. Upon completion of work in accordance with the terms and conditions of this Agreement
and the Project Milestones for Progress Payments as approved by THE CITY and attached as Exhibit "G" and
herein incorporated by reference, THE CITY shall release an amount up to but not exceeding this remainder ten
percent (10%) as a lump sum payment to Consultant, upon receipt, review and approval of the Community Park
Master Plan. Consultant'S obligations under the terms of this AGREEMENT shall be deemed discharged upon
issuance of the final monthly payment.
3). Payment of Reimbursable. Reimbursable expenses shall be paid in full with every invoice.
In no event shall Consultant be reimbursed for any expense related to the purchase and/or consumption of
any alcoholic beverage. Costs related to reproduction, printing, and supplies shall be reimbursed on the basis of
actual charges.
H. Responsibilities of Consultant. In any month for which Consultant is entitled to payment, Consultant
shall submit to THE CITY'S Contract Officer a written request for payment that conforms to the following:
• Submitted by or on the tenth day of the following month;
• Submitted in a format prescribed by THE CITY.
• Submitted together with a monthly progress report.
• Submitted together with supporting documentation (bids, receipts, canceled checks, invoices, etc.)
or in a format approved by the City.
I. Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all requests for payment to
determine whether services performed and deliverable(s) submitted are consistent with this Agreement. Upon
approval by the Contract Officer, payment to Consultant shall be made as promptly as fiscal procedures permit,
generally within 30 days.
J. Disputes. In the event of a disputed or contested request for payment, only that portion so disputed or
contested shall be withheld from payment and the undisputed portion shall be paid. Consultant'S failure to provide
legible receipts shall be grounds for non -reimbursement of related charges. THE CITY shall notify Consultant in
writing of the basis of the dispute or contest.
K. Records. THE CITY shall have the right to review all books and records kept by Consultant and any
sub -Consultants in connection with the operation and services performed under this Agreement. THE CITY shall
withhold payment for any expenditure not substantiated by Consultant'S or sub -Consultants' books or records.
Consultant shall ensure that such books and records are retained for a period of three (3) years after satisfaction of
the terms of this Agreement and that THE CITY shall have reasonable access to said books and records.
L. Task Budget Amendments: Obligation of Consultant. It shall be the responsibility of Consultant to notify
THE CITY that there is a need to consider shifting funds from task to task in order to increase or decrease the
maximum allowable cost. Notice shall be given to THE CITY within a reasonable amount of time of discovering
the need for revision such that THE CITY may duly consider the need and subsequent impacts upon the work to
be completed and the Project Schedule.
4.0 PERFORMANCE SCHEDULE
A. Schedule of Service: Consultant will perform services as expeditiously as is consistent with professional
skill and care and the orderly progress of the project.
B. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently
and within the time period established in the "Schedule of Performance" (also referred herein as the "Project
Schedule") attached hereto as Exhibit "B" and incorporated herein by this reference. Extensions and amendments
to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.
C. Force Majeure. The time period specified in the Schedule of Performance (also referred herein as the
Project Schedule) attached hereto as Exhibit "B" 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 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 City, and unusually severe weather, if the Consultant 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 the 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.
D. Term. Unless earlier terminated in accordance with Section 8.1-1 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 (Project Schedule) attached hereto as Exhibit "B".
5.0 COORDINATION OF WORK
A. 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:
1. Steven N. Lang, Landscape Architect
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for THE CITY 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 THE CITY.
B. Contract Officer. The Contract Officer shall be the City Manager or his designee of THE CITY. It shall
be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and the Consultant shall refer any decisions which must be made by THE CITY to the
Contract Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall mean the
approval of the Contract Officer.
C. Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and
reputation of Consultant, its principals and employees were a substantial inducement for THE CITY to enter into
this Agreement. Therefore, Consultant shall not contract with any other entity (other than those included in the
Scope of Services) to perform in whole or in part the services required hereunder without the express written
approval of THE CITY. 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 THE CITY.
D. Indgpendent Consultant. Neither THE CITY nor any of its employees shall have any control over the
manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth. Consultant shall perform all services required herein as an independent Consultant of THE
CITY and shall remain at all times as to THE CITY a wholly independent Consultant with only such obligations
as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of THE CITY.
E. THE CITY Cooperation. THE CITY shall provide Consultant with any plans, publications, reports,
statistics, records or other data or information pertinent to services to be performed which are reasonably available
to THE CITY. THE CITY shall additionally provide Consultant staff assistance and shall take prompt and
appropriate action when it will assist in ensuring timely performance by Consultant hereunder.
6.0 INSURANCE, INDEMNIFICATION AND BONDS.
A. Insurance. The Consultant shall procure and maintain, at its cost, and submit concurrently with its
execution of this Agreement, public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's negligent or wrongful acts or omissions, to the extent
of the Consultant's negligence or wrongfulness, rising out of or related to Consultant's performance under this
Agreement. Consultant shall also carry Workers' Compensation Insurance in accordance with State Workers'
Compensation laws and professional errors and omissions liability insurance. Such insurance 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 THE CITY. The insurance policy shall contain a severability of interest clause providing that the
coverage shall be primary for losses arising out of Consultant's performance hereunder and neither THE CITY nor
its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming THE
CITY and its officers and employees as additional insureds as to the Consultant's liability hereunder shall be
delivered to and approved by THE CITY prior to commencement of the services hereunder. 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 THE CITY, its Consultants or employees. The amount of insurance required
hereunder shall be determined by the Contract Sum in accordance with the following table:
Contract Sum Coveragepersonal inj_urv/property damagel
Less than $50,000 $100,000 per individual; $300,000 per occurrence; $600,000 in the
aggregate
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
B. Indemnification. The Consultant shall defend, indemnify and hold harmless THE CITY, its officers,
employees, representatives and agents, 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 CITY) and for errors and omissions committed by Consultant, its
officers, employees and agents, arising directly or indirectly out of or related to Consultant's negligent or wrongful
performance and to the extent of the Consultant's negligent or wrongful performance under this Agreement, except
to the extent of such loss as may be caused by THE CITY's own negligence or wrongfulness or that of its officers
or employees.
C. Performance Bond. (Not Applicable to this Agreement).
D. Payment Bond. (Not Applicable to this Agreement).
E. Rgmedies. In addition to any other remedies THE CITY may have, if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein required, at its sole
option:
1). Order the 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.
2). Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies THE CITY may have
and 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
subConsultants' performance of work under this Agreement.
7.0 RECORDS AND REPORTS.
A. Reports. Consultant 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.
B. 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 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.
C. 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,
subConsultants and agents in the performance of this Agreement, shall be the property of THE CITY and shall be
delivered to THE CITY upon the 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 THE CITY of its full rights of ownership of the documents and materials hereunder.
Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use
the concepts embodied herein. Consultant shall cause all sub -Consultants to assign to THE CITY any documents
or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall
indemnify THE CITY for all damages suffered thereby.
D. 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, or if Consultant must use in defense of a
claim. Consultant shall not disclose to any other private entity or person any information regarding the activities
of THE CITY, except as required by law or as authorized by THE CITY.
8.0 ENFORCEMENT OF AGREEMENT.
A. 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.
B. 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 obligations hereunder so long as the injuring party commences to cure such default within ten (10)
days of service of such notice and completes the cure of such default within forty-five (45) days after service of the
notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, THE CITY may take such immediate action as THE
CITY 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
THE CITY's right to terminate this Agreement without cause pursuant to Section 8.H.
C. Retention of Funds. THE CITY may withhold from any monies payable to Consultant sufficient funds
to compensate THE CITY for any losses, costs, liabilities or damages it reasonably believes were suffered by THE
CITY due to the default of Consultant in the performance of the services required by this Agreement.
D. 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. THE CITY's consent or approval of any act
by Consultant requiring THE CITY's consent or approval shall not be deemed to waive or render unnecessary THE
CITY'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.
E. 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.
F. 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.
G. LIQUIDATED DAMAGES. (Not Applicable to this Agreement).
H. Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement,
except as specifically provided in the following Section 8.I for termination for cause. THE CITY reserves the right
to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such
as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Project Budget (Exhibit "E") or such as may be approved by the Contract Officer,
except as provided in 8.C.
I. Termination For Default Of Consultant. If termination is due to the failure of the Consultant to fulfill its
obligations under this Agreement, THE CITY may, after compliance with the provisions of 8.B, take over the work
and prosecute the same to completion by contract or otherwise, and the 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 THE CITY shall use reasonable efforts to mitigate such damages), and THE CITY may withhold any
payments to the Consultant for the purpose of set off or partial payment of the amounts owed THE CITY as
previously stated in 8.C.
J. 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.
9.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.
A. Non -liability of City Officers and Employees. No officer or employee of THE CITY shall be personally
liable to the Consultant, or any successor in interest, in the event of any default or breach by THE CITY or for any
amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
B. Conflict of Interest. No officer or employee of THE CITY 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 Consultant 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.
C. 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.
10.0 MISCELLANEOUS PROVISIONS
A. Notice. Any notice, demand, request, consent, approval, communication either party desires or is
required to give to 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 10.A.
To City: CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, California 92253
Attention: City Manager
To Consultant: PURKISS-ROSE-RSI
801 North Harbor Boulevard
Fullerton, CA 92832
Attn: Steven N. Lang
B. 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.
C. 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.
D. 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 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.
E. 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.
CITY OF LA QUINTA,
a California Charter and Municipal Government
Dated: —R-� o 0o BY:
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THOMAS P. GENOVESE, City Manager
"CITY"
ATTEST:
kEEK, City Clerk
APPROVED AS TO FORM:
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DAWN HONEYWELL, City Attorney
PURKISS-ROSE-RSI, a California corporation
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Name: C-Vto-v' le v- C-oee-
Title: P "
Dated: �- 14 or)
"Consultant"
EXHIBITS
"A" Scope of Services
"B" Project Schedule
"C" List of Deliverables
"D" List of Meetings
"E" Project Budget
"F" Hourly Rates
"G" Project Milestones for Progress Payments
EXHIBIT "A"
SCOPE OF SERVICES
The project is divided into two parts:
PART ONE: PRELIMINARY STUDY, DESIRED IMPROVEMENTS AND DESIGN
• Meet with staff to discuss and confirm proposed scope and methods of conducting work
• Conduct two public review meetings to receive public input on the proposed design
• Attend one Community Services Commission meeting to receive public input on the proposed
design
• Attend one Planning Commission meeting to present project and receive input
• Attend two City Council meetings to present project
• Provide updated preliminary cost estimates, narrative and schematic design (2 max) proposals as
needed during development of the updated Master Plan
• Review potential lighting and noise impact from proposed facility amenities
• Analysis of parking needs including possible location of access roads to facility
PART TWO: PHASING ALTERNATIVES
• Present development phasing alternatives
• Provide cost of each phased development
• Analysis manpower requirements for operation and maintenance
• Analysis utility and water for operation of the park
• Assist City Staff in the completion of appropriate environmental documents for the adoption of
the updated Master Plan. Provide information as necessary from the updated Master Plan.
S:\Community Services\Professional Service Agreement -Community Park.wpd
purkisserose -vsi
February 28, 2000
Ms. Dodie Hervitz, Director
Community Services Department
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
SUBJECT: PROVISION OF PROFESSIONAL LANDSCAPE ARCHITECTURAL
SERVICES COMMUNITY PARK NORTH, LA QUINTA
Dear Dodie:
As you requested, we have reviewed the scope of services you envision for updating the Master Plan
for Community Park North. Based on this scope, we have broken out the hours we anticipate
expending to complete this work. The following is our proposed work effort.
Scope of Services
PART
Preliminary Study, Desired Improvements and Design
1. Meet with staff to discuss and confirm proposed scope and methods of conducting work
2. Conduct two public review meetings to receive public input on the proposed design.
3. Attend one Community Services Commission meeting to gain input regarding park design.
4. Attend two City Council Meetings to present project.
5. Attend one Planning Commission Meeting to present project.
6. Provide updated preliminary cost estimates, narrative and schematic designs: (2 max.) as
needed during development of the updated Master Plan.
7. Prepare color rendered final updated Master Plan for presentation as directed.
8. Review potential lighting and noise impacts from proposed facility amenities.
9. Analyze parking needs including possible location of access roads to the facility.
Landscape Architecture
Recreation and Park Planning
801 North harbor Boulevard
Fullerton, Cahlomia 828�5:
FAX: (714) 871-1186
(714) 871-3838
PART II
Phasing Alternatives
1. Present development phasing strategies.
2. Provide cost estimate for phased development.
3. Analyze manpower requirements for operation and maintenance.
4. Analyze utility and water costs for operation of the park.
5. Assist City staff in the completion of appropriate environmental documents for the adoption
of the updated Master Plan. Provide information as necessary from the updated Master Plan.
Professional Fees
Task
Anticipated Hours
Principal
Proj. Mgr.
Draftsperson
Clerical
Phase I
1.
2
2.
8
8
3.
4
4.
8
5.
4
6.
6
24
24
8
7.
2
8
16
8.
4
9.
2
4
Phase R
1.
2
4
2.
2
4
8
4
3.
4
4
4.
1
4
5.
2
8
Total Hrs.
51
64
48
16
@ $110
@ $75
@ $60
@ $35
$5610
$4800
$2880
$560
TOTAL DESIGN FEE $13,850.00
Purkiss-Rose-RSI Landscape Architects - Hourly Fee Schedule for Additional Services
Principal ................................... $110.00/hour
Project Manager .............................. $75.00/hour
Project Captain ............................... $60.00/hour
Draftsperson ................................. $50.00/hour
Clerical and Word Processing Staff ................. $35.00/hour
(These hourly rates will remain in effect through June 2000.)
Purkiss-Rose-RSI's fees include all costs for transportation, telephone, faxes and regular mailings.
Reproduction cost will be reimbursable from the City at cost.
Thank you for the opportunity to submit this proposal. We can begin immediately with your
authorization signature below.
Sincerely,
STEVEN N.±
Landscape ACity of La Quinta
EXHIBIT "B"
PROJECT SCHEDULE
• Meet with staff to discuss and confirm proposed scope and methods of conducting work
• Conduct two public review meetings to receive public input on the proposed design
• Attend one Community Services Commission meeting to receive public input on the proposed
design
• Attend one Planning Commission meeting to present project and receive input
• Attend two City Council meetings to present project
• Provide updated preliminary cost estimates, narrative and schematic design (2 max) proposals as
needed during development of the updated Master Plan
• Prepare color rendered final updated Master Plan for presentation as directed
• Review potential lighting and noise impact from proposed facility amenities
• Analysis of parking needs including possible location of access roads to facility
PART Two: PHASING ALTERNATIVES
• Present development phasing alternatives
• Provide cost of each phased development
• Analysis manpower requirements for operation and maintenance
• Analysis utility and water for operation of the park
• Assist City Staff in the completion of appropriate environmental documents for the adoption of
the updated Master Plan. Provide information as necessary from the updated Master Plan.
S:\Community Services\Professional Service Agreement -Community Park.wpd
EXHIBIT "C"
LIST OF DELIVERABLES
Community Park Conceptual Plan (Color)
Narrative describing the Scope of Services with cost analysis (2 copies)
Note: All written material will be in WordPerfect 7. Diskette copies of the final and approved Community
Park Master Plan documentation are required. All data, information, materials and work produced
including final camera ready text, maps and graphics including all digital files will become the sole
property of the City of La Quinta.
S:\Community ServicesTrofessional Service Agreement -Community Park.wpd
EXHIBIT "D"
LIST OF MEETINGS
• Conduct two public review meetings to receive public input on the proposed design
• Attend one Community Services Commission meeting (Held the second Monday of each month)
• Attend one Planning Commission meeting to present project and receive input (Held the second
and fourth Tuesday of each month)
• Attend two City Council meetings (Held the first and third Tuesdays of each month)
• Meetings with City staff as required
SACommunity ServicesTrofessional Service Agreement -Community Park.wpd
EXHIBIT "E"
PROJECT BUDGET
• Meet with staff to discuss and confirm proposed scope and methods of conducting work $ 220
• Conduct two public review meetings to receive public input on the proposed design $ 1,480
• Attend one Community Services Commission meeting to receive $ 440
public input on the proposed design
• Attend one Planning Commission meeting to present project and receive input $ 440
• Attend two City Council meetings to present project $ 880
• Provide updated preliminary cost estimates, narrative and schematic design (2 max) $ 4,180
proposals as needed during development of the updated Master Plan
• Prepare color rendered final updated Master Plan for presentation as directed $ 1,780
• Review potential lighting and noise impact from proposed facility amenities $ 440
• Analysis of parking needs including possible location of access roads to facility $ 520
PART Two: PHASING ALTERNATIVES
• Present development phasing alternatives $ 520
• Provide cost of each phased development $ 1,140
• Analysis manpower requirements for operation and maintenance $ 580
• Analysis utility and water for operation of the park $ 410
• Assist City Staff in the completion of appropriate environmental documents $ 820
for the adoption of the updated Master Plan. Provide information as
necessary from the updated Master Plan.
Total $13,850
SXommunity Service0rofessional Service Agreement -Community Park.wpd
EXHIBIT "F"
HOURLY RATES
Purkiss-Rose-RSI Landscape Architects - Hourly Fee Schedule for Additional Services
Principal..............................................................................$110.00/hour
Project Manager..................................................................$ 75.00/hour
Project Captain....................................................................$ 60.00/hour
Draftsperson........................................................................$ 50.00/hour
Clerical and Word Processing Staff ....................................$ 35.00/hour
S:\Community Services\Professional Service Agreement -Community Park.wpd
EXHIBIT "G"
PROJECT MILESTONES FOR PROGRESS PAYMENTS
• Meet with staff to discuss and confirm proposed scope and methods of conducting work $ 220
• Conduct two public review meetings to receive public input on the proposed design $ 1,480
• Attend one Community Services Commission meeting to receive $ 440
public input on the proposed design
• Attend one Planning Commission meeting to present project and receive input $ 440
• Attend two City Council meetings to present project $ 880
• Provide updated preliminary cost estimates, narrative and schematic design (2 max.) $ 4,180
proposals as needed during development of the updated Master Plan
• Prepare color rendered final updated Master Plan for presentation as directed $ 1,780
• Review potential lighting and noise impact from proposed facility amenities $ 440
• Analysis of parking needs including possible location of access roads to facility $ 520
PART Two: PHASING ALTERNATIVES
• Present development phasing alternatives $ 520
• Provide cost of each phased development $ 1,140
• Analysis manpower requirements for operation and maintenance $ 580
• Analysis utility and water for operation of the park $ 410
• Assist City staff in the completion of appropriate environmental documents $ 820
for the adoption of the updated Master Plan. Provide information as
necessary from the updated Master Plan.
S:\Community Services\Professional Service Agreement -Community Park.wpd