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Purkiss-Rose/Park Master Plan 01T4ht 4 4Q" PROFESSIONAL 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 QUINTrk 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 famish 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. Page 1 of 30 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 ss 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. Quarterly Update. THE CITY may require that Consultant update the Project Schedule on a quarterly Page 2 of 30 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 two hundred seven thousand five hundred ninety five dollars ($207,595) in accordance with the "Project Budget ", dated, and attached as Exhibits "E", 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 "E & 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 to 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. Page 3 of 30 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. Page 4 of 30 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 8.14 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. Page 5 of 30 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. Independent 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 Coverage (personal injury/property damage) 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 Page 6 of 30 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. Remedies. 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. Page 7 of 30 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. The City acknowledges such documents are instruments of the Consultant's professional services. The City agrees to indemnify, defend, and hold Consultant harmless from and against any claims, costs, losses and damages as a result of the City's misuse or reuse of such drawings, specifications whether in print or in electronic form. 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 S.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. Riehts 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 Page 8 of 30 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. L 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 8.13, 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 CAy Officers and Employ. 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 Page 9 of 30 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 _c;c Dated: �., '� By: THOMAS P. GENOVESE, City Manager "CITY" Page 10 of 30 ATTEST: APPROVED AS TO FORM: ,,-,n - 992L 0-\1,� M. KATHERINE JE SON, City Attorney PURKISS-ROSE-RSI, a California corporation By: C " r" " Q Name: C-a ✓ l� P f t S� Title: Dated: 2-) - -,? 7 - 0 "Consultant" Page 11 of 30 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 Page 12 of 30 EXHIBIT "A" SCOPE OF SERVICES The project is divided into two parts: PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed. • Prepare basesheet for construction drawings • Based upon approved Master Plan, obtain approval for all site materials, equipment and site furnishings. • Based upon approved Master Plan and the additive alternates determined by the City Council, prepare final plans, technical specifications and bidding documents in sufficient detail to obtain competitive construction bids. Plans shall incorporate City standards and meet all federal, state and local requirements as necessary. City shall provide final "Boiler Plate" for incorporation with technical specifications. Construction documents will include: Demolition Plan Grading and Drainage Plan Public Utility Plan Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) Planting Plan Irrigation Plan Architectural Plans for Concession/Restroom Building Electrical Plans (sports field lighting, security lighting, irrigation controller service, buildings, public telephone) Construction Details Technical Specifications Additive Alternates as indicated below: Basketball Court Walking Path and Exercise Stations Picnic Shade Structures (2) (premanufactured) Tot Play Area • All construction will be in accordance with current ADA and Title 24 requirements. • Submit for 50% review by City Planning Commission, Architectural Review Committee Page 13 of 30 and other agencies. Make necessary corrections to plans, as needed. • Present itemized opinion of probable costs for review and approval by City. • Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. • Prepare final opinion of probable costs. • Assist City staff in bidding process as required. Participate in pre -bid meeting if scheduled by the City. • Prepare any addendum required. PART TWO: CONSTRUCTION SUPPORT SERVICES (6 MONTHS) • Attend pre -construction conference. • Review and approve all shop drawings and submittals. • Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies (12 meetings) • Participate in the review of the Contractor's interim pay requests. • Assist in processing requests for information (RFI's), quotation requests and change orders. • Participate in final walk through and prepare punch list for Contractor's action. • From "As Built" information provided by Contractor, revise drawings to produce "record drawings" indicating underground changes. Page 14 of 30 Community Park, City of La Quinta SCOPE OF WORK This Scope of Services is being suggested with full recognition that more detailed and accurate breakdowns can be developed after substantial input by staff. The specific tasks and their sequence are based on our experience with projects of similar scope and complexity. It is our firm's intent to produce a final product that meets your objectives in terms of citizen participation, design quality, innovation, budget control, and completion schedules. This program can still be modified to ensure attainment of these goals. The work plan will include, but is not limited to, the following: PHASE I - CONSTRUCTION PLANS AND SPECIFICATIONS Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed. (1 meeting) 2. Prepare basesheet for construction drawings. 3. Based on approved Master Plan, obtain approval for all site materials, equipment and site furnishings. 4. Based on approved Master Plan and the additive alternates determined by the City Council, prepare final plans, technical specifications and bidding documents in sufficient detail to obtain competitive construction bids. Plans shall incorporate City standards and meet all federal, state and local requirements as necessary. City shall provide final "Boiler Plate" for incorporation with technical specifications. The construction documents will include: • Demolition Plan • Grading and Drainage Plan • Public Utility Plan (sewer, water, gas) • Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) • Planting Plan • Irrigation Plan • Architectural Plans for Concession/Restroom Building • Electrical Plans (sports fields lighting, security lighting, irrigation controller service, buildings, public telephone) • Construction Details • Technical Specifications purWs rose-rsi Page 15 of 30 Community Park, City of La Quinta SCOPE OF WORK Additive Alternates as indicated below Basketball Court Exercise Trail & Stations Picnic Shade Shelters (2) Premanufactured Ornamental Fencing Tot Play Area Skateboard Park All construction will be in accordance with current ADA and Title 24 requirements. Submit for 50% review by City and other agencies. Make necessary corrections to plans, as needed. (2 meetings, 1 w/staff and 1 w/ others) 5. Present itemized opinion of probable costs for review and approval by City. 6. Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. ( 2 meetings, 1 w/ staff and 1 w/ others) 7. Prepare final opinion of probable costs. 8. Assist City staff in bidding process as required. Participate in pre -bid meeting if scheduled by the City. Prepare any addendum required. (1 meeting) PHASE III - CONSTRUCTION SUPPORT SERVICES (6 month duration) 1. Attend pre -construction conference. 2. Review and approve all shop drawings and submittals. 3. Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies.(12 meetings) 4. Participate in the review of the Contractor's interim pay requests. 5. Assist in processing requests for information (RFI's), quotation requests and change orders. 6. Participate in final walkthrough and prepare punch list for Contractor's action. purkfss rose-rsi Page 16 of 30 Community Park, City of La Quinta SCOPE OF WORK 7. From "As Built" information provided by Contractor, revise drawings to produce "record drawings" indicating underground changes. EXCLUSIONS: Geotechnical Testing Topographical or Field Survey Inspection Services Reproduction of Bid Documents City "Boiler Plate" revisions E.I.R. or Environmental Assessment Footing Design for Premanufacturer Shade Shelters purkiss rose-rsi Page 17 of 30 Community Park, City ojLa Quinta COST PROPOSAL The Scope of Work and Fee Structure are based on the scope of improvements and $2.5 million design and construction budget identified by the City for Phase I development and the additive alternates as requested by the City. If the scope of improvements changes, the design fee would be commensurately adjusted. Phase/Task Labor Allocation ours Principal ($115/hr) Project Manager $85/hr Project Captain $75/hr CadDraft (S65/hr) Clerical (S35/hr.) Consults. (S90/hr.) averse Other Direct Costs Subtotal Construction Documents for Base Bid Task 1. Scope Review 4 4 12 S 1,880.00 Task 2. Basesheet Development 2 8 16 16 20 S 4,950.00 Task 3. Review materials, equip, & site furnishings 8 30 30 S 6,170.00 Task 4. Prepare construction documents 50% review (2 mtgs.) 40 200 60 80 20 420 S 69,800.00 Task 5. Prepare prelim. opinion of probable costs 6 12 12 8 30 S 5,470.00 Task 6. Prepare construction documents 100% review (2 mtgs.) 30 200 60 80 20 400 S 66,850.00 Task 7. Prepare final opinion of probable costs 8 20 12 8 30 S 6,380.00 Task 8. Bid assistance & (1 mtg. ) 8 20 10 S 3,520.00 Sub Total 106 494 136 200 56 952 S 165,020.00 Construction Support (6 months duration) Task 1. Attend Pre -construction conference 4 $ 460.00 Task 2. Review & approve shop drawings 4 60 30 S 8,260.00 Task 3. Provide bi-weekly site visitations (12) 48 30 $ 8,070.00 Task 4. Participate in pay request review 6 $ 690.00 Task 5. Assist with RFI's, quotation requests, change orders 14 72 18 S 9,350.00 Task 6. Final walkthrough & punch list 4 8 12 S 2,220.00 Task 7. Prepare "Record Dwgs." 8 12 12 S 2,360.00 Sub Total 80 178 12 12 1 60 S 31,410.00 Total 186 672 148 212 56 1012 S 196,430.00 Design Additive Alternates Task 1. Basketball Court 6 8 S 1,030.00 Task 2.Exercise Trail & Stations 1 9 10 S 1,530.00 Task 3. Picnic Shade Shelters (2) 1 1 1 8 8 10 is 2,215.00 Page 18 of 30 purkiss rose-rsi Community Park, City of La Quinta COST PROPOSAL Task 4. Ornamental Fencing 1 8 4 15 4 $ 2,430.00 Task 5. Tot Play Area 2 24 26 S 3,960.00 Task 6. Skate Park 8 84 50 70 8 30 S 19,340.00 Sub Total 13 139 54 137 8 44 S 30,505.00 Grand Total 199 811 202 349 64 1056 S 226,935.00 Reproduction and delivery will be a reimbursable from the City at cost. Page 19 of 30 purkiss rose-rsi Community Park, City of La Quinta COST PROPOSAL Material testing and staking shall be billed on a times and material basis. Should any additional work or changes to our work be requested, we shall utilize the following hourly fee schedule: Purkiss Rose-RSI Principal .................................................. $115.00/hour Project Manager ............................................. $ 85.00 / hour Project Captain ............................................. $ 70.00 / hour Draftsperson ............................................... $ 65.00 / hour Clerical ................................................... $35.00/hour Huitt Zollars Senior Officer/Principal........................................ $ 115/hour Architect/Engineer/Surveyor VII, VIII, Officer ...................... $ 108 /hour Architect/Engineer/Surveyor IV, V, VI .......................... $ 81- 105/hour Architect/Engineer/Surveyor I, II, III ............................ $ 74 - 95/hour Designer ................................................. $ 57-75/hour Technician ................................................ $ 44-60/hour CADD I through Supervisor .................................. $ 46 - 73/hour Document Control Support through Supervisor ................... $ 46 - 80/hour Clerical, Project Support ..................................... $ 26 - 73/hour 1 person robotic total station crew .............................. $ 90.00/hour 2 person total station crew .................................... $ 170.00/hour 3 person total station crew .................................... $ 205.00/hour 1 person GPS crew ......................................... $ 100.00/hour 2 person GPS crew ......................................... $ 200.00/hour 3 person GPS crew ......................................... $ 300.00/hour Correia Consulting and Design, Structural Engineer Principal Engineer ........................................... $135.00/hour Senior Proj. Engineer .......................................... $ 90.00/hour Proj. Engineer ............................................... $ 75.00/hour Staff Engineer ............................................... $ 60.00/hour Jr. Eng./Designer............................................. $ 55.00/hour Draftsman .................................................. $50.00/hour Clerical .................................................... $ 40.00/hour Crane Architectural Group Principal ................................................... $110.00/hour Staff Architect ............................................... $ 90.00/hour Project Designer ............................................ 1 $ 70.00/hour Project Manager .............................................. $ 45.00/hour CADD Draftsman ............................................ $ 35.00/hour Draftsman .................................................. $32.00/hour Clerical .................................................... $30.00/hour Page 20 of 30 purkiss rose-rsi Community Park, City of La Quinta COST PROPOSAL Consolidated Engineering Principal Engineer ............................................ $ 95.00/hour Project Design Engineer ..................................... I .. $ 70.00/hour Design/Drafting.............................................. $ 50.00/hour Clerical .................................................... $30.00/hour Page 21 of 30 purl ss rose-rsi EXHIBIT "B" PROJECT SCHEDULE PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Scope review • Basesheet development • Review materials, equipment and site furnishings • Prepare construction documents • 50% review by City Planning Commission, Architectural Review Committee and other agencies • Prepare preliminary opinion documents • Prepare construction documents • 100% review • Prepare final opinion of probable costs • Bid assistance PART Two: CONSTRUCTION SUPPORT • Attend pre -construction conference • Review and approve shop drawings • Provide bi-weekly site visitations • Participate in pay request review • Assist with RFI's, quotation requests, change orders • Final walk through and punch list • Prepare "Record Drawings" Page 22 of 30 EXHIBIT "C" LIST OF DELIVERABLES Basesheet for construction drawings Construction documents will include: Demolition Plan Grading and Drainage Plan Public Utility Plan Staking Plan (layout, parking, sports fields, play area, picnic areas, plazas, walks) Planting Plan Irrigation Plan Architectural Plans for Concession/Restroom Building Electrical Plans (sports field lighting, security lighting, irrigation controller service, buildings, public telephone) Construction Details Technical Specifications Additive Alternates as indicated below: Basketball Court Walking Path and Exercise Stations Picnic Shade Structures (2) (premanufactured) Tot Play Area Final opinion of probable costs "Record Drawings" Note: All written material will be in WordPerfect 7. Diskette copies of the final Record Drawing documentation is 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. Page 23 of 30 EXHIBIT "D" LIST OF MEETINGS • Review project intent, scope, approach, schedule of work, and approvals required with staff and others, as directed One meeting • Submit for 50% review by Architectural Review Committee One Meeting • Submit for 50% review by City Planning Commission One Meeting • Submit for 100% review by City and other agencies. Make final corrections/adjustments as necessary. Two Meeting • Participate in pre -bid meeting if scheduled by the City. One Meeting PART TWO: CONSTRUCTION SUPPORT SERVICES (6 MONTHS • Attend pre -construction conference. One Meeting • Provide bi-weekly site visitations and prepare reports on construction progress and quality with recommendations for correction of any deficiencies Twelve Meetings • Participate in final walk through and prepare punch list for Contractor's action. One Meeting Page 24 of 30 EXHIBIT "E" PROJECT BUDGET PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Scope review • Basesheet development • Review materials, equipment and site furnishings • Prepare construction documents, 50% review by City Planning Commission, Architectural Review Committee and other agencies • Prepare preliminary opinion documents • Prepare construction documents, 100% review • Prepare final opinion of probable costs • Bid assistance Total Part One PART Two: CONSTRUCTION SUPPORT • Attend pre -construction conference • Review and approve shop drawings • Provide bi-weekly site visitations • Participate in pay request review • Assist with RFI's, quotation requests, change orders • Final walk through and punch list • Prepare "Record Drawings" Total Part Two Total Part One and Two $1,880 $4,950 $6,170 $69,800 $5,470 $66,850 $6,380 $3,520 $165,020 $460 $8,260 $8,070 $690 $9,350 $2,220 $2,360 $319410 $196,430 Page 25 of 30 ADDITIVE ALTERNATES: • Basketball Court $1,030 • Walking Path and Exercise Course $1530 • Picnic Shade Shelters (2) $2,215 • Ornamental Fencing $2,430 • Tot Play Area $3,960 Total Additive Alternates $119165 Grand Total $207,595 Page 26 of 30 EXHIBIT "F" HOURLY RATES Hourly Fee Schedule for Additional Services Purkiss-Rose-RSI Landscape Architects Principal.............................................................................. $115/hour Project Manager..................................................................$ 85/hour Project Captain....................................................................$ 70/hour Draftsperson........................................................................$ 65/hour Clerical and Word Processing Staff ...................................$ 35/hour Huitt Zollars Senior Office/Principal..........................................................$115/hour Architect/Engineer/Surveyor VII, VIII, Officer ....................$108/hour Architect/Engineer/Surveyor IV, V, VI.................................$81-105/hour Architect/Engineer/Surveyor I, II, III....................................$74-95/hour Designer................................................................................. $57-75/hour Technician............................................................................. $44-60/hour CADD I through Supervisor..................................................$46-73/hour Document Control Support through Supervisor ....................$46-80/hour Clerical, Project Support ........................................................$26-73/hour 1 person robotic total station crew.........................................$90/hour 2 person total station crew.....................................................$170/hour 3 person total station crew.....................................................$205/hour 1 person GPS crew................................................................$100/hour 2 person GPS crew................................................................$200/hour 3 person GPS crew................................................................$300/hour Correia Consulting and Design, Structural Engineer Principal Engineer.................................................................$130/hour Senior Project Engineer.........................................................$90/hour Project Engineer....................................................................$75/hour Staff Engineer........................................................................$60/hour Jr. Engineer/Designer............................................................$55/hour Draftsman.............................................................................. $ 50/hour Clerical.................................................................................. $40/hour Crane Architectural Group Principal................................................................................ $110/hour Staff Architect.......................................................................$90/hour Project Designer....................................................................$70/hour Project Manager....................................................................$45/hour Page 27 of 30 CADD Draftsman ..................................................................$35/hour Draftsman.............................................................................. $ 3 2/hour Clerical.................................................................................. $ 3 0 /ho ur Consolidated Engineering Principal Engineering............................................................$95/hour Project Design Engineer........................................................$70/hour Design/Drafting ..................................................................... $ 5 0/hour Clerical.................................................................................. $ 3 0/hour Page 28 of 30 EXHIBIT "G" PROJECT MILESTONES FOR PROGRESS PAYMENTS PART ONE: CONSTRUCTION PLANS AND SPECIFICATIONS • Scope review • Basesheet development • Review materials, equipment and site furnishings • Prepare construction documents, 50% review by City Planning Commission, Architectural Review Committee and other agencies • Prepare preliminary opinion documents • Prepare construction documents, 100% review • Prepare final opinion of probable costs • Bid assistance Total Part One PART Two: CONSTRUCTION SUPPORT • Attend pre -construction conference • Review and approve shop drawings • Provide bi-weekly site visitations • Participate in pay request review • Assist with RFI's, quotation requests, change orders • Final walk through and punch list • Prepare "Record Drawings" Total Part Two Total Part One and Two $1,880 $4,950 $6,170 $69,800 $5,470 $66,850 $6,380 $3,520 $1659020 $460 $8,260 $8,070 $690 $9,350 $2,220 $2,360 $31,410 $1969430 Page 29 of 30 ADDITIVE ALTERNATES: • Basketball Court • Walking Path and Exercise Course • Picnic Shade Shelters (2) • Ornamental Fencing • Tot Play Area Total Additive Alternates Grand Total $1,030 $1530 $2,215 $2,430 $3,960 $11,165 $207,595 Page 30 of 30 / T 0 0 AW Y� C' INCORPORA7ID ivsz OF Sheet of 1 of 1 PROFESSIONAL SERVICES AGREEMENT: COMMUNITY PARK PROJECT NO, CONSULTANT: PURKISS-ROSE-RSI CONTRACT CHANGE ORDER NO, 2 694 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Provide field exploration, percolation testing, laboratory testing, engineering analysis and report preparation to provide geotechnical information for the use in the design and construction of the foundations for the proposed restroom/concession building, light poles and percolation rates for onsite stormwater retention system design. Previous Contract Amount Through Change Order No. 1 $ 220 705 Add/Deduct this Change Order $ 22875 Revised Contract Total $ 2239580 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The original contract comp etion date hall be: 07 /O1 /02 Submitted By: Date: e� Approved B : Date: Q PP Y We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complet,9 the above specifiCd work, and hereby accept as full payment the amount shown above. Accepted By: Consultant: "CCtYF-�SSr Title: V[- t--- Date: ((2,161 SACommunity Services\Community Park\CHANGE ORDER #2.wpd 10/9/01 FROM : FAX NO. Sep. 21 2001 03:IOPM F'2 Sep 21 C1 01:3dP P. *Kf Sladden 5782 Tanton AVG., Suite E, Buena Perk, CA 9%21 (582) 864.4121 (714) 523-0952 Fax (714; 5Zs-1XQ 39-725 Garand Ln., Sutta G, Palm Dosed, CA 92211 (760) 772-3893 Fax (700) 772-3695 Svpswmber ?.1, 2001 Piirkiss Rase, RSi 801 N. Harbor Boulevard Fullerton, California 92832 Attention: Mr. Steve Loog SubJect: ?roposal for GwLm- onic;al l rvc,stigatiorl Proi ect. Proposed. La Qu irta Coavnuv ity Park Wcstward Ho Drive &- A.darns StredT La Quints, California Proposal No, 5PD-01-176 Pursuant to your recent roquest, Nve are pleased to submit the following or posal to provide the eotechtlical services as outlined hevein for the proposed apFroximateiv 18 acre► La Quinta Comillunity uric to be located on the northea ► cor:�er of Westward Ho Drive ar.d Adams Strut >>� the City of La Qu inta California. SCOPE OF SERVICES. Our scope of serviuts iculWes the field exploration, percolation testing, ►aboralOrY testing, 0119i:teer'���, an3iy3is and report prepal•at:on as doCxibed hcrcln. Trio are. intonded to prluvide gWechtiical liltOrtrati �Tt Tor Lase in the design end con3truction of the foulidatiGlls N- the proposed MtrcIt,miC01I. e55ioo building, light polo$, and percolation rates for ol;site stcrrilwater retention �ystern design. A. The field investigation wit; it,clude the ex; 3N,ation of 6 to S explcratvr3 borings on the site. The exploratory borings will be ax:.avated wit; a trucX mounted drill : ig aizd hollow -stem augers. Disturbed and relatively undisturbed samples will ai: obtained within the bot i;igs for la.boratorY testing. APeroolstion testing wi jl be perfornwd within 2 CK 3 locat'011$ 11 o: der CO evaluate the 11etCflt'�ulf�Cs�s for use iii ctisite storrnwater rgrZ1tionl.�rCOiationllnzltratl0n pOtCtllf system design. B. LabQratory testing will,be performed on sL)il samples to detenninio; soil characteristics and pertinent arz �nC�.*ii� pt'OpC2"t�C9 T11A` siio��id be cat�sidct-ed in an etigil�e jjIg �sivatiov, T�stiaig will inc�udc g Soil Ciassifl ation dgt t'tlliilatlon, in -situ density and moisture content determine'', 11, 1-my,1111uin densi to thous' Inolsture deters-nimation, shear strength determine ion, consclidation testitig and �' p 50tuble sgi fate content dectcrtniriarlon. FROM FAX NO. Sep. 21 2001 03:19PM P3 Sep 21 01 01 : 3'-JP p • c' September 21, 201 2 Propos;al No, SPD-0 .176 V • C, A formal rCpoct will be prepared summarizing cur findings. The report will include; descriptions o.r our field and Ia oroto�y� procodurrs grid - re3wits, discussions regarding our ens ineerjizg ev2luation me hods and results. and related ree-oramendations. Recommendations will inciudr; site pmparation wd grading criteria; foundation design parameters, Iatei-al valcce5, setYlerne►;t i�otci�tirll, groundwater considerations, in' ltration rain for onsite storn-twatcr rettotloti system dc5igr. sci'l ; .orrosivity considerations a.k pavrzlent design sec:tiens. In addition, discilssiOtis slid co«ckusions regarding !iquefaction potential and other geologic. and Seim nitc hazards will be included. TW11 SCHEDULE: Based upon the requested information, we feel eotifidont thttt we can provide the Gootechnica.l Iavestigaticx1 Report in as cnpeditious manner. Field work shuuld beggw withici two weeks of au horizaticn to proved (weather pormitting) and the compieWJ report should be zva' cable within tto weeks of the cotnpiet;ion of the Feld exploration and perc;olation testing. FEW: St titpon tile 9cc+pe of work described its this proposal, we proposed to provide the services d�escr;bed on a fixed fee basis. The tees %r the coinTleted report a�- described herein will k $2,6*04.00. If there are Duly questions regarding this proposal, please c nntaot die undersignird. Please revioNk, the attached Terms of Service as they form a part of this agreement. Upon acceptance of this proposal please sign c111c copy and fax it to our office as authorization to proceed. Rcspectfu l ly submitted, SLAVVEN ENGINEERING Bcett L. I81.J cr President Froposal/pc Copies: 21'Purkiss Rose, RBI Au th orized by: SEgnatua��: ;Marne (print) Title Date sladdin Enitin eeri n,e FROM : FAX NO. : Sep 21 Oi 01: 39p Sep. 21 2001 03:19PM P4 . J it) SladdenEngineering $7$2 Stanton Ave., Suite E. $uena Park, CA 90621 (562) 864-4121 (714) 513-o952 Fax (714; 623.1368 30-725 iarand Ln., Suite G, Pala Desert, CA, 92211 (760) 772-3893 Fax 1,760) 772.3895 TERMS OF SERVICE STANDARD OF CARE The client ivcoViizes that su�surface sail conditions may vary from those observed at test locationo and that soil conditions may change with time. The services provided by Sladden Engineerii,g will be performed in it manlier con.5istent with the level of care and skill normally exercised ay members of our pc-ofessiun at the tine of services uid in the sami locality of the project. No other warranty either expressed or implied, is made. CON STP UCTION MONO 1 hOWNG Sladden Engin=*Ing will report tO the client any work that in our professional opinion does not conforin with the project plans and spcc;ifications, Slacddin S-ngincerit1g I-= no aLWhority 10 raject or direct the work of the client or cootraotors, such rights are reserved sole!v for the client. Sladden Engineering's presence on the site III do way gusrant.ecs the quality of the wurk pei-fortred by the client or h!s contactors. 'I lie presence of Sladden izf;�neerins' persontivl shall in no way be construed to imply that gladden �,ititineerittg iza$ ally responsibility for j0she safety. 'I"he cheat agrees that the Gentral Contractor is .-%I responsible far lobsitc saterr, 'Fite client warrants that Sladden Engineering shall be named additional insured by the General Contractor's insurance carrier. INSURANCE Sladde,1 E«gineering and ifs pemonnal are protected by worker's compe-niation, p11blis liability and property dautage insurance coverage that Sladden Engineering deems adequate. Cei�t;ficaMi of Is%$Ura»^e can be provided to the client if desired. Sladden Engineering shall no: be respowtible for any loss, damage. er liability beyond the amounts of our insurance coverege. Sladden E:nginctorin& shall not k ,c responsible for any loss, damage or liability arising From the acts of the client, it,s agelits, st?.ff, o'iter consultants or contractors employed by the owncr. RISK ALLOCATION no client agees that there arc risks that may potentially affect Sladden Englaccring by virtue Vf providing professional sdrvicer, on the client's behalf. The cheat agrees that in no way can Sladden Eagineering be held respon5ibie for errors or vrrliSSiotts of; the client, other design professionals, contractors or sulvontractors. Tlx clients agrees to indetnnit/, hold harmless and dcfeod Sladden Enginecring against all ;shims arising froin sorv:ces performed by Sladden Engineering or uv-ork by the client or other parties otl the pVoject exotpt where such losses W-e the results of «egliget,c-e or willful misconduct by Sladden Ert�ineerirg. BILLING AND PAYMENT Inyvices will be considered delinquent if payment is not received within 30 days of the date of the invoice, Service clwrges of tip to 1.5 percent per mot1th call be imposed for dciinquellt itivoices. �a(�i,�,wt�a.•c tvco O-Tm �4 �M OF T PROFESSIONAL SERVICES AGREEMENT: COMMUNITY PARK CONSULTANT: PURKISS-ROSE-RSI Sheet of 1 of 5 PROJECT NO. 2000-11 CONTRACT CHANGE ORDER NO. 3 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE: Additional topographical survey for street widening of Westward Ho Drive east of park location, street widening plans for Westward Ho Drive east of park location, offsite sewer improvements to extend service to park site, coordination of street widening and sewer construction into the construction documents, expansion of restroom/concession to include an additional stall in the each of the restrooms, revision of play area and surrounding area to accommodate swing sets, and reproduction costs (reimbursable at cost). The scope of work submitted by Purkiss-Rose-RSI dated January 30, 2002 is attached and incorporated as part of the contract change order. Previous Contract Amount Through Change Order No. 2 $ 2239580 Add/Deduct this Change Order $ 163305 Revised Contract Total $ 2399885 By reason of this contract change order the time of completion is adjusted as follows: -0- days added/deleted to contract time. The original contract completion date shall be: 07 /01 /02 Submitted By: Approved By: ate: ate: Z- We, the undersigned Consultant, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete t� above specified work, and hereby acc�pt as fullpayment the amount shown above. Accepted By: %- IV, Consultant: RAA.,"_ Title: VT - Date: 44 1 u 2/5/02 S:\Community Services\Community Park\CHANGE ORDER #3.wpd 0 r Issprose -ysi January 30, 2002 Ms. Dodie Horvitz City of La Quinta P.O. Box 1504 La Quinta , CA 92253 SUBJECT: ADDITIONAL DESIGN SERVICES, LA QUINTA COMMUNITY PARK 400-130 Dear Dodie: As you have requested we have combined the additional design services that have been requested into one request for a fee adjustment. Following is a breakdown of the requests we have received: l . Additional topographic survey for street widening ...................... $2,200.00 2. Street widening plans for Westward Ho Drive east of the Community Park ... $3,315.00 3, Offsite sewer improvement plans to extend service to park site ............. $4,115.00 4. Coordination of street widening and sewer construction into the construction documents .................................................... $1,150.00 5. Expansion of restroom/concession to include an additional stall in the women's and men's restrooms............................................ $2,900.00 6. Revision of play area and surrounding area to accommodate swings ......... $2,125.00 7, Reproduction costs (reimbursable at cost) ............................. $500.00 TOTAL ............ $16,305.00 Landscape Architecture Hecreatiou and Park Flannintl 601 Nurtli 1l:urhur Buulevgid Fuileriuii, C«liluniin FAX: ;714) d71-1 166 ;7 1 =4) 6 i 1 3(:3ti We have attached a more detailed description ofthe services provided by the civil engineer as previously sent to you and reviewed at our meeting with you and Mr. Nick Nickerson. We would appreciate your preparation of an amendment to our contract. If you have any questions or need additional information, do not hesitate to call. Sincerely, Steven N. Lang, ASLA Landscape Architect # 1771 w/ attachments L.� AMENDED CHANGE ORDER NO. 1 SCOPE OF ADDITIONAL BASIC SERVICES CONSTRUCTION DOCUMENTS 1. Additional Topographic Surveying............................................................ $ 29200 Provide cross-section survey of north side of Westward Ho Drive at 25-foot intervals along residential lot east of park, and for an additional 200 feet to the east (a total of approximately 550 feet). Surface culture and visible features of existing utilities will be located within the limits of the additional cross - sectioning 2. Additional Street Improvement Plan ......................................................... $ 2,800 Prepare additional construction plan for street widening improvements on the north side of Westward Ho Drive along frontage of residential lot east of park (approximately 350 feet). Plans will show existing improvements in plan and profile for an additional 200 feet east of limit of widening, as required by City. The widening improvements will be limited to installation of curb and gutter, sidewalk, and pavement widening. Utility relocations, street lighting, underground utilities, storm drain improvements, and traffic signals are assumed to not be required. City will provide pavement structural section(s). Preparation of right-of-way and easement documents is not included in this Agreement. Additional blueprinting, reprographics and computer plotter charges are included in the fee for "Additional Street Improvement Plan." 3. Specifications and Estimate........................................................................$ 515 Provide additional engineering services for preparing specifications and estimates, due to additional street widening improvements along residential lot. 11 H U ITT- 7SJLPM mitwn/ 10-0736-04/c/d01 scope/1 0-29-0 1 Am CHANGE ORDER NO. 2 / SCOPE OF ADDITIONAL BASIC SERVICES CONSTRUCTION DOCUMENTS 1. Sewer Improvement Plan............................................................................$ 3,590 Prepare additional construction plans for a new sewer main in Westward Ho Drive east of Adams Street (approximately 120 feet), and a sewer lateral from the new main to the parksite. Plans will show new sewer main in plan and profile, and new lateral in plan view only. Sewer plans will consist of*a plan and profile sheet, and a title sheet with notes and quantities. Plan will be processed to obtain approval of Coachella Valley Water District. CVWG fees, bonds and charges will be the responsibility of the City of La Quinta. Processing to obtain City approval will be dome by Purkiss-Rose as part of obtaining approval of overall plan set. Utility relocations are assumed to not be required. City will provide pavement structural section(s) for replacing the pavement over the sewer trench., Additional blueprinting, reprographics, and computer plotter charges are included in the fee for "Sewer Improvement Plan." 2. Specifications and Estimate........................................................................$ 525 Provide additional engineering services for preparing specifications and estimates, due to sewer main improvements in Westward Ho Drive. H U ITIT ZZLIARS rr/tusn/ I 0-073 6-04/c/a/02scope/ 11-2 8-01 Am