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2002 10 14 RDAc&t,, 4 ,(PQut«tw Redevelopment Agency Agendas are now Available on the City's Web Page @ www.la-quinta.org Redevelopment Agency Agenda LA QUINTA CIVIC CENTER 78-495 Calle Tampico La Quinta, California 92253 SPECIAL MEETING Monday October 14, 2002 - 1:00 P.M. Beginning Res. No. RA 2002-17 CALL TO ORDER A. Roll Call: Board Members: Adolph, Pena, Perkins, Sniff, Chairperson Henderson PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION - None NOTE: WHEN THE REDEVELOPMENT AGENCY IS CONSIDERING ACQUISITION OF PROPERTY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES ARE NOT INVITED INTO THE CLOSED SESSION MEETING. CONSENT CALENDAR - None BUSINESS SESSION 1. CONSIDERATION OF PROPOSALS FOR LAND USE PLANNING SERVICES FOR THE RANCH PROPERTY. A. MINUTE ORDER ACTION 2. CONSIDERATION OF AN ADDITIONAL APPROPRIATION OF UP TO $75,000 FROM PROJECT AREA NO. 1 LOW MOD -INCOME AFFORDABLE HOUSING FUND TO ACQUIRE A SINGLE FAMILY HOME LOCATED AT 52-890 AVENIDA HERRERA. A. MINUTE ORDER ACTION PUBLIC HEARINGS - None ADJOURNMENT - Adjourn to the next regular meeting to be held on Tuesday, October 15, 2002, in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553. -2- DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency Special meeting of October 14, 2002, was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin boards at the La Quinta Chamber of Commerce and at Stater Bros., 78-630 Highway 111, on Friday, October 11, 2002. DATED: October 11, 2002 1 JUNE S. G EEK, CIVIC Agency Secretary, City of La Quinta, California PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. Redevelopment Agency Special Meeting -3- October 14, 2002 TWy 4 4Qulxfw AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: October 14, 2002 CONSENT CALENDAR: STUDY SESSION: Consideration of Proposals for Land Use PUBLIC HEARING: Planning Services on The Ranch RECOMMENDATION: Authorize staff to negotiate a contract for professional services with the selected Land Use Planning Firm. FISCAL IMPLICATIONS: Consistent with the City's consultant selection process, specific cost proposals submitted by proposing firms are not reviewed until the firms are ranked. The cost proposals are then opened to determine a "fair and reasonable value of the services to be performed," and serve as a basis for negotiating actual contract value. The FY 2002-03 Capital Improvement Program includes a project entitled Municipal Golf Course — Phase 1, including $2.5 million for contractual services related to administration and engineering. BACKGROUND AND OVERVIEW: The Agency authorized distribution of a Request for Proposals (RFP) for Land Use Planning Services for The Ranch on August 6, 2002 (Attachment 1). Twenty-three firms were on the distribution list. The Agency inquired as to whether the RFP would be advertised and made available to an even larger list. Accordingly, staff published notices in the media, including the American Planning Society's web site, and made the full RFP available to interested parties via mail, e-mail, facsimile and the City's web site. Twenty-two firms submitted proposals to the Agency for consideration (Attachment 2). The Agency's Consultant Selection Committee reviewed the twenty-two proposals pursuant to criteria established consistent with services sought within the RFP. Specifically, proposals were evaluated with respect to content, schedule compliance, experience/expertise and presentation, vision and 001 organization. The Committee met on September 20, 2002 and selected six firms for interviews on September 27, 2002: • Design Workshop • EDAW, Inc. • GMA International • IBI Group • Lowe Enterprises, Inc. • RTKL Assoc., Inc. Based upon interviews conducted by the Committee on September 27, 2002, and consistent with Agency direction of August 6, 2002, the Committee selected three firms for interview by the full Redevelopment Agency Board: Design Workshop • GMA International • IBI Group The three selected firms have been invited to make a short presentation to the Board (i.e., limited to twenty minutes), followed by a question and answer period. Their original proposals are included for Agency Board review (Attachment 3). The firms have been advised of the following schedule for interviews: 1:00 P.M. GMA International 2:15 p.m. Design Workshop 3:30 p.m. IBI Group FINDINGS AND ALTERNATIVES: Pursuant to the City's Consultant Selection Procedures, and consistent with the Mini Brooks Act, the Agency is asked to select the most qualified firm for The Ranch planning process. Staff will then review cost submittals and negotiate a contract with the selected firm. If those negotiations are successful, staff will forward a formal contract to the Agency for future consideration and approval. To that end, the alternatives available to the Agency include: G In" P- 1. Interview the three firms and authorize staff to initiate contract negotiations with the preferred firm for The Ranch land use planning services; or 2. Provide staff with alternative direction. Respectfully submitted, Mark Weiss Assistant Executive Director Approved for submission by: Thomas P. Genovese Executive Director Attachments: 1. RFP 2. List of submitted proposals 3. Proposals 0 10"03 ATTACHMENT 1 La Quinta Redevelopment Agency Resort & Public Golf Course Request For Proposal 004 P 0) Request For Proposal The City of La Quinta Redevelopment Agency requests proposals from qualified firms to prepare a desert resort master land use plan and development program for one of the Coachella Valley's premier golf and resort locations. The Agency recently purchased 525 acres of desert property that was once the Ahmanson family's ranch. Known as The Ranch, the Agency desires to develop resort, golf, passive recreation and commercial uses that embrace the adjoining Coral Reef Mountains and incorporate some of the Ahmanson ranch structures. In order to identify the optimum development program, a planning process that generates a master land use plan is required. The selected consultant team must have intimate knowledge of designing and developing desert resort and golf communities and village centers. The Agency is seeking specialists who are experienced with creating special places that combine hotel, condo hotel, golf, passive recreation and commercial uses. Part of the development will include a village or town center that facilitates the interface of the community with the resort and golf uses. Our goal is to establish a destination that caters to the needs of both world travelers and La Quinta residents. Specific expertise the Agency is seeking includes: Experience with designing and developing desert golf resort communities Experience with place making, developing villages or village centers Experience with conducting community interface and presentation processes Experience with translating the operational needs of hotel, golf, clubhouse, restaurant, conference center, and retail uses into a workable land use plan Experience with configuring buildings, public spaces and recreation areas to accommodate the desert environment Experience with integrating buildings with indigenous landscaping such that the buildings and development are an extension and outgrowth of the surrounding landscape. 005 flora Desired Services Tasks the Agency anticipates the consultant team will perform shall include: Project management and schedule maintenance Preparing at least three (3) preliminary conceptual design plans Preparing a menu of improvements needed to develop each plan, including potential costs Designing and facilitating a process wherein the public would review, comment and have meaningful input on the development program Preparing a final master land use plan and development program that: identifies site locations for the desired uses presents a site circulation plan and entry points details required utility and other infrastructure systems outlines architectural elements and the landscape materials palate =: Coordinating with City departments and outside agencies, as required Preparing CEQA documentation, if necessary The Agency understands that one firm may not have all of the required disciplines and various sub -consultants may be required. However, the Agency intends to award a contract to one firm who would retain and manage any required sub -consultants. The selected firm must designate a single Project Manager who has the experience on similar master planning engagements. This individual will become the day-to-day liaison with the Agency's project manager. G0G 007 Ranch Vision The Ranch's canvas spans 525 acres to the base of the Coral Reef Mountains in the City of La Quinta. The Agency desires to develop premiere hospitality and golf venues that become must see destinations in the Coachella Valley. The final development should be crafted as if it had evolved over time by melding the rich hues of the desert and strong architectural elements inspired by the site with rusticated materials. Site topography and view planes should be used to their fullest potential to reinforce an organic village concept. As part of the acquisition process the Agency processed a mitigated negative declaration that evaluated the environmental impacts associated with the following uses: one 250-room hotel with a 10,000 square foot conference center, 300 condo hotel or fractional units with up to 500 keys; two 18-hole public golf courses with a driving range and a 25,000 square foot clubhouse; one 9-hole short game public golf course; and 25,000 square feet of ancillary tourist commercial uses. Additional uses that were part of the environmental review entailed passive park space, trails, and view corridors. The Coachella Valley branch of the All American Canal traverses the property, offering the potential for water features that contrast with the desert environment. The Ranch is adjacent to the exclusive private golf communities of PGA West, the Country Club of the Desert, the Tradition and the Citrus. As such, the site's perimeters must be improved to reflect the quality of these adjoining communities while preserving views to the Coral Reef Mountains. The mountains are potential habitat for the peninsular bighorn sheep; care must be taken to buffer the mountain areas from impacts generated by adjoining development. The Ranch, due to its premiere location and site characteristics, warrants the attention of exceptional planning, architectural and engineering expertise to ensure development in a manner befitting the site, the City's economic development objectives and needs, and the City's character. The challenge lies in creating a development plan and program that ensures enactment of the community vision and captures the history and values of the City of La Quinta. 007 1we" 0 Regional Location 008 009 Ranch Location ro9 010 Ranch History The Ranch property was acquired by the La Quinta Redevelopment Agency in June 2002. Prior planning activities include Specific Plan No. 85-006, which was adopted in March 1985 and subsequently amended in 1998. As part of this Specific Plan and its subsequent amendments, a variety of site surveys, topographic maps, boundary surveys, shade and shadow studies, and geotechnical and biological assessments have been prepared. Both hard copies and computer files will be made available to the selected consultant team. 010 O11 Application Procedure Pre -Proposal Conference A pre -proposal conference will be scheduled for Tuesday, August 20, 2002, at 10:00 a.m., at La Quinta City Hall in the Session Room, 78-495 Calle Tampico, La Quinta, California. Attendance is not mandatory for proposal submittal. Proposal Packages and Submittal Deadline Proposal packages (Work Proposals and Cost Proposals) are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Work proposals are to be submitted in the envelope marked "Work Proposal" and cost proposals are to be submitted in the envelope marked "Cost Proposals". Only one proposal per consultant will be considered. Work proposal packages are to be received by 5:00 p.m., Friday, September13, 2002. Proposal packages are to be delivered to: Mark Weiss, Assistant Executive Director La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 The final master plan, development program and site plans will be provided on CD disks in Microsoft Word format, AutoCAD 14 format as well as on "D" size Mylar and 11" x 17" format. Project scheduling will be provided in Microsoft Projects,4.0 for Windows 2000. Contact Person All questions regarding The Ranch, the master planning process, and this Request for Proposals should be directed to Mark Weiss via phone at 760.777.7100 or via email at mweiss@la-quinta.org. 112 Proposal Format Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall be separated into two envelopes, a Work Proposal Envelope and a Cost Proposal Envelope. The Selection Committee will select the top three consultants based upon the materials submitted in the Work Proposal. Only after the top three consultants are selected, will the Cost Proposal be opened. The proposal shall include a minimum of the following items: 1. Work Proposal (Envelope 1) - Submit six (6) copies limited to a maximum of 20 pages. A. Cover Letter i. The name, address and phone number of the consultant's contact person for the remainder of the selection process. ii. Any qualifying statements or comments regarding the consultant's proposal, relevant to the information provided in the RFP or the proposed contract. iii. Identification of sub consultants and responsibilities. B. Statement of Qualifications i. A listing of proposed project personnel, including personal experiences and resumes for prime and sub consultants. ii. Consultant's and sub consultant experience with similar work, including names and current phone numbers of references for listed projects. C. Project Understanding and Approach i. A description of the project team's understanding of the project, and how the Consultant's firm will approach project development. D. Scope of Work Program i. A description of the tasks, sub tasks, and specific deliverables that will be provided. 012 013 E. Schedule Requirements i. 'The anticipated date for a Notice to Proceed is October 21, 2002. ii. The Agency envisions a 6 month process to prepare, review and final the master plan and development program. 2. Cost Proposal (Envelope 2) A. The consultant is to submit a detailed cost proposal for all services and materials including the firm's direct and indirect rate (with overhead) and percent of profit anticipated in completing the project as outlined in the RFP. Man hours and extended billing rates per classification of personnel will be indicated for each task and/or sub task defined therein. The consultant shall determine a not -to -exceed allowance for reimbursables included within the cost proposal. rl3 014 Selection Process Work programs will be reviewed by a Consultant Selection Committee. The Committee will select the top three consultants based upon the materials submitted in the Work Proposal. Only after the top three consultants are selected, will the Cost Proposal be opened. Those top three firms will then be referred to the Agency Board for final interviews and selection. The Agency will open contract negotiations with the selected firm. The successful consultant will be expected to enter into the attached Professional Services Agreement. The tentative schedule is as follows: Issue Request for Proposals Pre -proposal meeting Proposal due Oral interviews Recommendation to the Agency Start Project August 9, 2002 August 20, 2002 September 13, 2002 Week of September 23, 2002 October 15, 2002 October 21, 2002 Co 14 015 Sample Professional Services Agreement 615 016 CONTRACT SERVICES AGREEMENT This AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and entered into by and among the CITY OF LA QUINTA (the "Municipality"), a California municipal corporation, the La Quinta Redevelopment Agency (the "Agency"), a California public corporation, and (The "Contractor"). The parties hereto agree as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of the Agreement, the Contractor shall provide those services related to , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. Services will be provided to the Municipality and to the Agency. For convenience, the Agency and the Municipality are referred to herein as the "City". 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor'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. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the Municipality, the Agency, and any and all Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all G16 such damages, to person, or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Contractor shall not relieve Contractor from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the negligence of Contractor. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, the Contractor shall perform services in addition to those specified in the Scope of Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that Contractor shall not be required to perform any additional services without compensation. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to the Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit `B" and incorporated herein by this reference. The method of compensation set forth in the Schedule of Compensation will include payment for time and materials based upon the Contractor's rates as specified in Exhibit `B", or such other methods as may be specified in the Schedule of Compensation (Exhibit `B"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expenses, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit `B"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (10`s) working day of such month, in the form approved by the Contract Officer, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. The Municipality or the Agency, whichever is appropriate based upon the election ofthe Agency and the Municipality, will pay Contractor for all expenses stated thereon which are approved by the Municipality or the Agency pursuant to this Agreement no later that the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the performance of this Agreement. 3.3. Force Majeure. All time periods specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to 0 17 unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contracting Officer in writing of the causes of the delay. The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for performing their services for the period of the forced delay when and if in his judgment such delay is justified, and the Contracting Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect for five (5) years, from the date of the execution of this Agreement. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 1. 2. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of the Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager or such other person as may be designated by the City Manager of the Municipality. The Contract Officer has been authorized to act on behalf of the Agency and the Municipality for the purposes of this Agreement. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written 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 City. C,Is 019 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. The City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to the City. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of the Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Coverage (personal injury/property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,0004300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insured shall be delivered to and approved by the City prior to commencement of the services hereunder. G19 Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. All insurance required by the Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, 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 Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City, at its sole option: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. 2. Order the Contractor to stop work under this Agreement and/or withhold any payments(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 3. Terminate the Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to person or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 021 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents, and other materials, whether in hard copy or electronic form, which are prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination of this Agreement or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall ensure all subcontractors to assign City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other private entity or person any information regarding the activities of the City, except as required by law or as authorized by the City. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall no the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligation hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to 022 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 the Agreement for cause and to any legal action, and such compliance shall not be a waiver of any parry's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by the Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 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 Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit `B") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligation under this Agreement, City may, after compliance with the provision of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the r22 023 Contractor for the purpose of setoff or partial payment of the amounts owned the City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connections with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City of for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of the Agreement. 8.2 Conflict of Interest. No officer or employee of the 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 Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person orgroup of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other parties or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To Municipality: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Mark Weiss Assistant City Manager To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attention: Mark Weiss Assistant Executive Director �I0�' 024 To Contractor: 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by all parties. 9.4 Severability. In the event that any or more of the phrases, sentences, clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Dated: CITY MANAGER "MUNICIPALITY ATTEST: City Clerk 0 025 APPROVED AS TO FORM: City Attorney LA QUINTA REDEVELOPMENT AGENCY Dated: By: EXECUTIVE DIRECTOR ATTEST: Secretary APPROVED AS TO FORM: Agency Counsel Dated: Name: Title: "Agency" "CONTRACTOR" 026 RFP's Received Date Received The Ranch 9/12/02 9/12/02 9/12/02 Design Workshop 9/12/02 9/13/02 Proj ctDesi n Consultants 9/13/02 9/13/02 HOK Planning Group 9/13/02 The Planning Center 9/13/02 Johnson Fain Partners 9/13/02 B3 Architects 9/13/02 Landmark 9/13/02 Perkins Design Associates 9/13/02 IBI Group 9/13/02 EDAW, Inc. 9/13/02 DIAP Consultant Group 9/13/02 Outline Graphics Design (combination of Mainiero Smith, HAS Design, Via Archit. & Envisioning & Storytelling) (no cost proposal) 9/13/02 RNM Architects 9/13/02 Projects Pacific 9/13/02 David W. Pfaff 9/13/02 9/13/02 Belt Collins 9/13/02 RTKL Assoc. Inc. 9/13/02 TKC (The Keith Companies) 9/13/02 9/13/02 GMA International 9/13/02 Lowe Enterprises, Inc. 9/13/02 Forrest K. Haag 9/13/02 Carrier Johnson ATTACHMENT 2 027 COUNCIL/RDA MEETING DATE: October 14, 2002 ITEM TITLE: Consideration of an Additional Appropriation of Up to $75,000 from Project Area No. 1 Low and Moderate Housing Fund to Acquire a Single Family Home Located at 52-890 Avenida Herrera AGENDA CATEGORY: BUSINESS SESSION: �-- CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the additional appropriation from the Project Area No. 1 Low and Moderate Housing Fund in an amount not to exceed $75,000 to purchase the property located at 52-890 Avenida Herrera. To purchase this Property at the Trustee's Sale will require an expenditure from the Project Area No. 1 Low Mod Housing Fund in an amount not to exceed $150,000. On October 1, 2002, the Agency approved an appropriation of up to $75,000 from the Low and Moderate Housing Fund to acquire this Property. This amount represents the amount necessary to pay off the first mortgage and any foreclosure costs which have accrued. However, to be competitive with other potential bidders at the Trustee's Sale, the Agency must purchase the Property at a price which includes its $60,000 Second Trust Deed. This amount will be returned to the Agency if the Agency is the successful bidder. The additional $15,000 is being requested in the event other bidders are present who may bid the price over the total encumbrances because the market value of properties in the Cove area has increased significantly in recent months. The encumbrances of $135,000 plus the $15,000 excess provides RSG the ability to bid up to $150,000, but only if conditions at the Trustee's Sale warrant. Based on the 2002 affordable housing cost allowances, the Agency can anticipate the ability to resell this property to another low income household at approximately $155,000. In order to protect the Agency's second trust deed investment of $60,000 and maintain the affordability covenant, the Agency would have to purchase the Property. At the Trustee's foreclosure sale, the property is subject to public bid; it will be sold G:\WPDOCS\CC Stf Rpts\52890Herrera.wpd to the highest bidder. If the Agency does not elect to purchase the property, then the low income affordability covenant would be extinguished. If the Agency is not the successful bidder, any amount less than $135,000 being offered for the property will cause a loss of the Agency's second trust deed and a loss of a qualifying unit for its inclusionary housing requirement. The alternatives available to the Redevelopment Agency include: 1. Approve the additional appropriation of $75,O0O from the Project Area No. 1 Low and Moderate Housing Funds (245-000-300-290) located at 52-890 Avenida Herrera; or 2. Do not approve the additional appropriation of $75,000 from the Project Area No. 1 Low and Moderate Housing Funds (245-000-300-290); or 3. Provide staff with alternative direction. Respectfully I Herman ( munity Development Director Approved for submission by: Thomas P. Genovese, Executive Director G:\WPDOCS\CC Stf Rpts\52890Herrera.wpd