2002 11 05 RDATiht 4 e(P Q"
Redevelopment Agency Agendas are
available on the City's Web Page
@ www.la-quinta.org
Redevelopment Agency
Agenda
CITY COUNCIL CHAMBER
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, November 5, 2002 - 2:00 P.M.
Beginning Res. No. RA 2002-20
CALL TO ORDER
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.
III. CLOSED SESSION
CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT
78-950 HIGHWAY 111 (APN 643-080-004), WAL-MART STORE. PROPERTY
OWNER/NEGOTIATOR: CHRIS MOORE, KOHL'S.
CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED ON THE
NORTH SIDE OF CALLE TAMPICO, WEST OF DESERT CLUB DRIVE, EMBASSY SUITES
(TENTATIVE PARCEL MAP 29909, PARCEL 8). PROPERTY OWNER/NEGOTIATOR:
DANNY BROWN, BISON HOTEL GROUP.
NOTE: Time permitting, the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, when the Agency is considering acquisition
of property, persons identified as negotiating parties are not invited into the Closed Session
Meeting.
RECONVENE AT 3:00 PM
RDA Agenda
November 5, 2002
IV. PUBLIC COMMENT
At this time members of the public may address the Agency Board on items that appear within
the Consent Calendar or matters that are not listed on the agenda. Please complete a "request
to speak" form and limit your comments to three minutes. When you are called to speak,
please come forward and state your name for the record. Please watch the timing device on
the podium.
For all Agency Business Session matters or Public Hearings on the agenda, a completed
"request to speak" form should be filed with the City Clerk prior to the Agency beginning
consideration of that item.
V. CONFIRMATION OF AGENDA
VI. APPROVAL OF MINUTES
APPROVAL OF THE MINUTES OF SPECIAL MEETING OF OCTOBER 14, 2002.
2. APPROVAL OF THE MINUTES OF THE MEETING OF OCTOBER 15, 2002.
VII. CONSENT CALENDAR
Note: Consent Calendar items are considered to be routine in nature and will be approved by
one motion.
1 . APPROVAL OF DEMAND REGISTER FOR NOVEMBER 5, 2002.
2. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH DESIGN WORKSHOP FOR A
LA QUINTA/COACHELLA VALLEY MARKET STUDY.
3. APPROVAL OF AN AWARD OF CONTRACT TO GMA INTERNATIONAL FOR THE RANCH
LAND USE PLANNING SERVICES.
Vill. BUSINESS SESSION
IX. CHAIR AND BOARD MEMBERS' ITEMS
X. PUBLIC HEARINGS
Xl. ADJOURNMENT
Adjourn to a regularly scheduled Meeting of the Redevelopment Agency to be held on
November 19, 2002, commencing with closed session at 2:00 p.m. and open session at the
conclusion of the 3:00 p.m. City Council business session in the City Council Chambers,
78-495 Calle Tampico, CA 92253.
RDA Agenda -2- November 5, 2002
DECLARATION OF POSTING
I, June S. Greek, Secretary of the La Quinta Redevelopment Agency, do hereby declare that the
foregoing agenda for the La Quinta Redevelopment Agency meeting of Tuesday, November 5, 2002,
was posted on the outside entry to the Council Chambers, 78-495 Calle Tampico and on the bulletin
board at the La Quinta Chamber of Commerce and at Stater Bros. 78-630 Highway 1 1 1, on Friday,
November 1, 2002.
DATED: November 1, 2002
JUN GREEK, CIVIC
Agency Secretary, City of La Quinta, California
PUBLIC NOTICES
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
RDA Agenda -3- November 5, 2002
CJ1111�i',l�M�. r
AGENDA CATEGORY:
BUSINESS SESSION
COUNCIL/RDA MEETING DATE: NOVEMBER 5, 2002 ,
CONSENT CALENDAR
ITEM TITLE:
STUDY SESSION
Demand Register Dated November 5, 2002 PUBLIC HEARING
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated November 5, 2002 of which $469,995.13
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
Tityl 4 P Q"
COUNCIL/RDA MEETING DATE:
November 5, 2002
ITEM TITLE•
Approval of a Contract Services Agreement
with Design Workshop for a La Quinta/Coachella
Valley Market Study
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 0-
STUDY SESSION:
PUBLIC HEARING:
Approve a contract services agreement with Design Workshop for a La
Quinta/Coachella Valley market study, and authorize the Executive Director to
execute the contract.
FISCAL IMPLICATIONS:
The proposed contract budget is $58,540. The Agency's 2002-03 budget includes
funding for a new La Quinta/Coachella Valley market study as part of the Agency's
overall economic development work program for fiscal year 2002-03. Adequate
funds have been budgeted in account numbers 405-902-603-595 (Project Area No.
1) and 406-905-605-526 (Project Area No. 2). The budget provides that half of
the cost will be derived from Project Area No. 1 and half will be derived from
Project Area No. 2.
BACKGROUND AND OVERVIEW:
On August 6, 2002, the Agency Board authorized the distribution of a Request for
Proposals (RFP) for a new La Quinta/Coachella Valley market study. Proposals
were due on September 13, 2002, and six firms submitted proposals. The
Selection Committee, consisting of the Assistant Executive Director, Director of
Community Development, the Agency's Redevelopment/Economic Development
Consultant, and a Management Analyst, evaluated the six proposals based on the
following criteria: Content, Schedule, Experience/Expertise, and Proposal
Organization. The Committee interviewed four firms on October 2, 2002. The
firms selected for interview included (in alphabetical order) Design Workshop,
Natelson Company, Robert Charles Lesser & Company, and the Sedway Group.
The interviews consisted of a short presentation by each firm followed by a
question and answer period. The firms were evaluated based on their previous
experience, project approach and ideas, and personnel. The Committee evaluated
the proposals and presentations, and ranked Design Workshop highest.
Pursuant to the City's consultant selection process, staff then negotiated a
contract with Design Workshop, which is included as Attachment 1. The total cost
of the market study is $58,540. Once the contract has been executed, it is
anticipated that the market study will be completed in approximately three months.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
Approve a contract services agreement with Design Workshop for a La
Quinta/Coachella Valley market study, and authorize the Executive Director
to execute the contract; or
2. Authorize the Executive Director to negotiate a contract with another firm for
a La Quinta/Coachella Valley market study; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Contract Services Agreement
ATTACHMENT 1
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 Design Workshop. (The "Contractor"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to the La Quinta/Coachella Valley
Market Study, 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, 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
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the life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to person, or property, until acceptance of the work by 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 Contractor shall be
compensated in an amount not exceeding Fifty -Eight Thousand, Five Hundred Forty Dollars
($58,540) (the "Contract Sum"). 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`h) working day of such
month, in the form approved by the Contract Officer, an invoice for services rendered prior to the
date of the invoice. Such invoice shall (1) describe in detail the services provided, including time
and materials, (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice
shall contain a certification by a principal member of Contractor specifying that the payment
requested is for work performed in accordance with the terms of this Agreement. The Municipality
or the Agency, whichever is appropriate based upon the election of the Agency and the Municipality,
will pay Contractor for all expenses stated thereon which are approved by the Municipality or the
Agency pursuant to this Agreement no later that the last working day of the month.
3.0 PERFORMANCE SCHEDULE
Agreement.
3.1 Time of Essence. Time is of the essence in the performance of this
3.2 Schedule of Performance. All services rendered pursuant to this Agreement .,
005
shall be performed diligently and within the performance of this Agreement.
3.3. Force Majeure. All time periods specified for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay
is justified, and the Contracting Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect for six (6) months, 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:
a. Rebecca R. Zimmerman
b. Brian Corbett
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
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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.
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 dama e
Less than $50,000
$100,000 per individual; $300,000 per occurrence
$50,000-$300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
1 $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.
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:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
b. 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.
C. 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` s
resulting from Contractor's or its subcontractors' performance of work under this Agreement.
Mgl
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 Contractor. Contractor shall deliver the
aforementioned materials 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 notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligation hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and completes
011,9
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 the Agreement for cause and to any legal action, and such compliance shall not be
a waiver of any party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit 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
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 or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance
of the Agreement. Contractor shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, national origin, physical disability, mental disability, medical condition,
age or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
To Municipality:
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
To Agency:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant City Manager
To Contractor:
Design Workshop
1390 Lawrence Street, Suite 200
Denver, CO 80204-2048
Attention: Rebecca R. Zimmerman
Principal
Attention: Mark Weiss
Assistant Executive Director
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.
stated below.
Dated:
ATTEST:
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
CITY OF LA QUINTA, a California municipal
corporation
Bv:
CITY MANAGER
"MUNICIPALITY"
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
ATTEST:
Secretary
APPROVED AS TO FORM:
LA QUINTA REDEVELOPMENT AGENCY
in
Agency Counsel
Dated: By:
Name:
Title:
EXECUTIVE DIRECTOR
"Agency"
"CONTRACTOR"
EXHIBIT A
SCOPE OF SERVICES
See Attached Scope of Work
Scope of Work
Design Workshop will complete the La Quinta/Coachella
Valley Market Study in two phases. Details of the seven tasks
to be completed are provided below. Phase I will focus on the
people and the essence of the place, while Phase II will
address issues related to the real estate that makes La Quinta
what it is and what it will become. Results from Phase I will
empower La Quinta to define its identity, while the results
from Phase II will help La Quinta design its own destiny.
1-2 (d). Build Excel spreadsheet models for each
demographic factor that:
Calculate historic growth rates;
Project five+ year growth rates;
Apply growth rates to historic and current data; and
Perform sensitivity analysis.
1-2 (e). Calculate and report forecasted demographic data.
Task 1-3. Opportunities Analysis
Phase I -Define La Quinta's Opportunity The Opportunities Analysis will identify La Quinta's
Task 1-1. Project Kick-off
Brian Corbett will meet with Redevelopment Agency staff
and other stakeholders in La Quinta to review and discuss the
goals and expectations for the market study, contacts, existing
data, and other important issues for the La
Quinta community.
Task 1-2. Demographic Forecast
Preparing the demographic component of the market study
will involve collecting historic, current and
projected data from primary and secondary sources, analyzing
the data, identifying trends, and understanding how different
data points and indicators impact and interact with one
another. All of the data we present will have actual values to
a point with projections extending at least to 2007.
1-2 (a). Collect data and information from the planning
departments, convention and visitors bureaus, chambers of
commerce, and other organizations in La Quinta, the
Greater Coachella Valley, and Riverside County.
1-2 (b ). Gather electronic 2000 Census data from federal,
state and local agencies.
1-2 (c). Identify factors that impact future population growth
rates, age distribution, household size, permanent non-
agricultural employment by industry, tourism, lodging
demand and others.
comparative strengths, weaknesses, opportunities and
threats in the context of the Greater Coachella Valley.
This is a critical component of the market study since it
will inform City staff and council how La Quinta is
defined on local and regional levels. Plus, it will highlight the
positive attributes of the community and the niches
that are missing for residents and visitors alike. Several
aspects of this section will be completed on the ground in the La
Quinta area.
1-3 (a). Tabulate resident and visitor amenities in La Quinta
and the Greater Coachella Valley. Categories will include
housing, visitor services, lodging and accommodations,
dining, religion, culture and recreation, professional and
medical services, retail and commerce.
1-3 (b). Summarize real estate asset inventories for residential,
retail, hotel/lodging and commercial/industrial uses in La
Quinta and the Greater Coachella Valley.
1-3 (c). Compile list of characteristics of successful desert,
golf resort communities.
1-3 (d). Compare La Quinta's inventory to those of
neighboring communities to identify overlaps and
potential product and service gaps that La Quinta may be
able to fill.
1-3 (e). Interview key stakeholders to understand how both
insiders and outsiders perceive La Quinta. Design
Workshop's list of key stakeholders extends
o lr
beyond local officials and members of the real estate
community to include select members of the City's Boards,
Commissions and Committees, prominent members of the
business community, and travel planners.
1-3 (f). Hold two public workshops in one evening in City
facilities to solicit broader community input on the City's
opportunities and desired identity.
Participants in the final design of the workshops would be
determined by Design Workshop and the City.
1-3 (g). Summarize La Quinta's strengths, weaknesses,
opportunities and threats in the context of the
Greater Coachella Valley.
Task 1-4. Mid -Project Review
Before proceeding to Phase II, Becky Zimmermann and
Brian Corbett will meet with City staff during a half -day
workshop to report on and discuss the findings from Phase I,
since they largely will drive the analysis and results in Phase
II. The Mid -Project Review will take place at a location of
the client's choice in La Quinta and will be scheduled on the
day following the public workshop.
Phase II -Define La Quinta's Possible Futures
Task 2-1. Real Estate Demand Forecast
Design Workshop will project market demand in the Greater
Coachella Valley and predict La Quinta's potential share of this
demand for the following seven real estate
uses:
a. Regional servicing retail;
b. Community retail;
c. Neighborhood retail;
d. Live/Work housing (and other residential if deemed
necessary);
e. Lodging/Hotel;
f. Office; and
g. Light industrial.
To complete the Real Estate Demand Forecast, Design
Workshop will ask questions of key stakeholders, study
comparable markets, incorporate findings from the
Demographic Forecast and draw upon our extensive
knowledge of real estate uses and markets. The general
process will involve evaluating existing capacity for each use,
projects proposed or in the planning/construction
stages, and market potential. Amenities and other
ancillary land uses that are required to make the real
estate development successful will also be included.
2-1 (a). Create real estate inventories for each of the seven uses
in La Quinta and the Greater Coachella Valley.
2-1 (b ). Compile lists of projects under construction, recently
approved or in planning stages in the Greater Coachella
Valley.
2-1 ( c ). Estimate how many people will visit or move to
La Quinta and the Coachella Valley in the next five to ten
years and their socioeconomic characteristics.
2-1 (d). Predict what types of real estate uses and services
residents, visitors and businesses will require in the next
five years to determine potential demand by drawing upon
project experience, knowledge of consumer behavior and
real estate markets, and primary and secondary data
sources.
2-1 (e). Summarize findings from the Demographic Forecast,
Opportunities Analysis and predictions about general
market conditions and changes to create a profile of
different types of real estate and real estate consumers in
La Quinta.
2-1 (f). Incorporate knowledge of site selection criteria used by
local and national retailers and understand how the profile
of La Quinta compares.
2-1 (g). Interview city planners, members of chamber of
commerce and select regional employers to
determine which companies have expansion, contraction
or relocation plans in the next five years and which may
impact real estate markets in La Quinta.
2-1 (h). Study communities comparable to La Quinta to
identify trends in real estate demand for all seven uses. -
s
s .
2-1 (i). Determine share of future real estate growth that La
Quinta likely will capture.
Task 2-2. Land Area Requirements
The land area requirement analysis will be completed in
conjunction with the Real Estate Demand Forecast. As part of
the assessment of Land Area Requirements, Design Workshop
will:
2-2 (a). Research standard, historic and comparable land area
ratios and ranges for each land use in the Coachella Valley
and communities that are similar to La Quinta.
2-2 (b ). Apply standard, historic and comparable land
area requirement ratios and ranges to forecasted demand
for each land use.
2-2 (c). Determine, based on findings of the Demographic
Forecast, Opportunities Analysis and our knowledge of
site selection criteria, probable site characteristics for
each land use.
2-2 (d). Determine major shortfalls in zoned capacity that may
exist in La Quinta.
Task 2-3. Absorption Forecast
Absorption is impacted by a combination of market potential
and demand. Design Workshop will combine forecasted data
from previous analysis for the market study, a thorough
understanding of the past and present absorption rates and a
layer of subjectivity in order to project a timetable for the
absorption of the seven identified uses.
2-3 (a). Calculate, for each use, historic absorption rates.
2-3 (b ). Tabulate absorption rates at communities
comparable to La Quinta.
2-3 (c). Determine market factors in La Quinta and the
Coachella Valley that will either accelerate or inhibit
absorption.
2- 3 (d ). Apply absorption rates to results of Land Area
Requirements analysis to estimate the square footage of
new real estate that will be required in La Quinta each
year until 2007 using Excel spreadsheets.
Task 2-4. Project Wrap-up
Shortly after completing research and analysis, we will compile
the data we have collected and analyzed, write narrative
analysis and summarize the market conclusions for five copies
of a screen check market study that will be presented to City
staff for review. After the staff has reviewed the screen check
market study, we will meet in La Quinta to discuss the findings
and potential changes or additions before producing the final
deliverables. During the final trip to La Quinta, Brian also will
educate City staff on how to utilize the tools that are presented
as part of the package of deliverables, so that the city can easily
keep data current should they choose to do so.
Final Deliverables
1. Ten bound originals of the final market study, including
all text, tables and charts in easy to understand and use
formats.
2. A digital version of the final market study on CD.
3. Photo -ready, one -page facts sheets for retail,
tourism/hospitality, and commercial uses in La Quinta.
4. Electronic copies of all Excel spreadsheets used to
forecast data and publish results and brief explanations
of procedures to update as necessary.
017
EXHIBIT B
SCHEDULE OF COMPENSATION
Fee Summary
Phase 1
Task 1.1 Project Kick-off $ 2,060
Task 1.2 Demographic Forecast 4,125
Task 1.3 Opportunities Analysis 10,770
Task 1.4 Mid -Project Review 2,740
Phase 2
Task 2.1 Real Estate Demand Forecast 11,150
Task 2.2 Land Area Requirements 3,550
Task 2.3 Absorption Forecast 3,590
Task 2.4 Project Wrap-up 13,705
Total Fees $51,690
Expenses
Includes travel, cost of census data,
telephone, copies, printing, etc.
Total Expenses $ 6,850
Total Contract Sum $58,540
n18
T4ty,l 4 w'*P Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: November 5, 2002 CONSENT CALENDAR:
ITEM TITLE: STUDY SESSION:
Approval of an Award of Contract to GMA
International for The Ranch Land Use Planning PUBLIC HEARING:
Services
RECOMMENDATION:
Approve authorization for the Executive Director to execute a contract with GMA
International (GMA) as modified and subject to review of Agency Counsel in an
amount not to exceed $234,650 for Land Use Planning Services on The Ranch.
FISCAL IMPLICATIONS:
The proposed contract is for an amount not to exceed $234,650. The FY 2002-03
Capital Improvement Program includes a project entitled Municipal Golf Course -
Phase I, with a budgeted amount of $2.5 million for contractual services related to
administration and engineering.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The La Quinta Redevelopment Agency acquired 525 acres of property referred to as
"The Ranch" in June of 2002. The property was acquired to generate economic
development opportunities and assist in realizing goals of the City's Economic
Development Plan, including:
• Enhancing General Fund Revenue by attracting retail/hospitality uses;
• Increasing recreation opportunities; and
• Preserving natural resources that make La Quinta a unique place.
The Agency authorized a Request for Proposals in August 2002. In October, the
Agency interviewed three responding planning firms and authorized staff to negotiate
a contract for planning services with GMA International. To that end, staff negotiated
a contract generally consistent with GMA's submitted proposal. Minor changes to
the work program have been included within the contract to include:
• Enhancement of Project Image Development Theme (i.e., Preliminary
development of a "story line" and thematic direction for the project);
• Field review of comparative projects;
• Enhanced traffic/parking analysis of resort concepts; and
• Review of golf routing concepts by a specified golf architect (i.e., Palmer
Design).
In addition, GMA has refined the Community Participation Program (i.e. "Phase Five")
and plans to initiate the planning process with a Study Session discussion with the
Agency Board on December 3, 2002.
Minor changes to the Contract Services Agreement (Attachment 1) as submitted by
GMA are recommended as follows:
Section 2.1 Clarify that the contract sum is for an amount not to exceed
$234,650.
Section 3.4 The term of the agreement shall be for a period of one year (i.e.,
not five).
Section 7.7 Correct the reference to "the following Section 7.8" (i.e., not
7.9).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve authorization for the Executive Director to execute a contract with
GMA as modified and subject to review by Agency Counsel in an amount not
to exceed $234,650 for Land Use Planning Services on The Ranch; or
2. Do not approve authorization for the Executive Director to execute a contract
with GMA; or
3. Provide staff with alternative direction.
Respectfully submitted,
Mark Weiss
Assistant Executive Director
Approved for submission by:
Thomas P. Genovese
Executive Director
Attachment: 1 . Contract Services Agreement
003
Ce4;4
Planning * Landscape Architecture ATTACHMENT 1
Entitlement Environmental
Specializinq in Golf and Resort Communities
October 28, 2002
Mr. Mark Weiss
Assistant Executive Director
:2 La Quinta Redevelopment Agency
78-495 Calle Tampico
:2 La Quinta, CA 92253
:2 Re: Resort and Public Golf Course Proposal for "The Ranch"
is Dear Mr. Weiss:
M GMA is honored and excited to have been selected to master plan such a prestigious project as
"The Ranch" property. As we indicated to you earlier in the selection process, our team is ready
and able to commit our professional and personal resources to the City so as to accomplish your
Z goal to prepare a world -class desert resort master land -use plan. Based on the City's Contract
Services Agreement, our recent meeting and subsequent conversations, we have prepared our
Contract Services Agreement.
2 Our Contract Services Agreement is organized into five sections as follows:
Exhibit A Scope of Services
Exhibit B Schedule of Compensation
Exhibit C Team Members
Exhibit D Insurance Information
2 Exhibit E Scheduling Information
Once we have the formal contract executed, we are prepared to conduct a kick-off meeting. If
you should have any questions or comments regarding the attached information, please do not
hesitate to contact us.
Sincerely,
GMA International
Gil Martinez
President
2 Enclosures
M GM Jc
2700 Newport Blvd_ Ste 190 • Newport Beach, CA 92663 0 0 5
Phone: (949) 675-9559 fax: (949) 675-9552 V
e-mail: gmaaGMAintl.net • website: www.GMAintl.net
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 GMA International (The "Contractor"). The parties hereto agree as follows:
i
` 1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to "The Ranch" asspecified
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,
i 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.
11 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
2 ' 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.
i 1.5 Familiarity with Work. By executing this Agreement, Contractor
i' 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
31 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 re b resented
�i P y 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).
�f 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,
1I 0136
i papers and other components thereof to prevent losses or damages, and shall be responsible for all
such damages, to person, or property, until acceptance of the work by 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 sob the Contract Officer, � ) g y ,provided that
I
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
t 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
i 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`h) working day of such
month, in the form approved by the Contract Officer, an invoice for services rendered prior to the
date of the invoice. Such invoice shall (1) describe in detail the services provided, including time
and materials, (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice
shall contain a certification by a principal member of Contractor specifying that the payment
requested is for work performed in accordance with the terms of this Agreement. The Municipality
or the Agency, whichever is appropriate based upon the election of the Agency and the Municipality,
:1 1 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
�j
3.1 Time of Essence. Time is of the essence in the performance of this
31 Agreement.
i
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
i shall be performed diligently and within the performance of this Agreement.
■
007
M i
3.3. Force Majeure. All time periods specified for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of.the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
: epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
' The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay is
justified, and the Contracting Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with 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
-r
behalf with respect to the work specified herein and make all decisions in connection therewith:
1• Gil Martinez
2. Kevin Varner
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
1 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
Z j 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
:NJ 008
V
2
2
9
2
assigned or transferred, voluntarily or by operation of law, without the prior written appproval of City.
All team members are listed and identified in Exhibit "C' attached.
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. - EXHIBIT "D"
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
009
insured shall be delivered to and approved by the City prior to commencement of the services
hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance with State
Workers' Compensation laws.
The Contractor shall procure professional errors and omissions liability insurance in the
amount acceptable to the 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
1 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 in to or death of erson s for damage to roe (including property owned
Y Jam' P (), g property rtY (� g P P Y
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:
1. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
i + Agreement.
2. Order the Contractor to stop work under this Agreement and/or
i withhold any payments(s) which become due to Contractor hereunder
i' until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
11.
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 ; f
resulting from Contractor's or its subcontractors' performance of work under this Agreement.
010
All
{
9
6.0 RECORDS AND REPORTS
E
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,
1 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.
t Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
i { therefor. The injured party shall continue performing its obligation hereunder so long as the injuring
i E 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
'i oil
2
91
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
t 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
i 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
i
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
(112
�i
services required hereunder exceeds the compensation herein stipulated (provided that the City shall
W j
use reasonable efforts to mitigate such damages), and City may withhold any payments to the
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
i
arising out of or in connections with this Agreement, the prevailing parry shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
i
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 shallhave any
personal interest, direct or indirect, in this Agreement nor shall any such officer or employee
`.
participate in any decision relating to the Agreement which effects his personal interest or the
interest of any corporation, partnership or association in which he is, directly or indirectly, interested,
in violation of any State statute or regulation. The Contractor warrants that it has not paid or given
and will not pay or give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Either
`
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
To Municipality: To Agency:
!
CITY OF LA QUINTA La Quinta Redevelopment Agency
78-495 Calle Tampico 78-495 Calle Tampico
=0;
013
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-H
La Quinta, California 92253 La Quinta, California 92253
Attention: Mark Weiss Attention: Mark Weiss
Assistant City Manager Assistant Executive Director
ETo
Contractor:
GMA International
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2700 Newport Blvd., Ste 190
Z!
Newport Beach, CA 92663
9.2 Integrated Agreement. This Agreement contains all of the agreements of
4
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
a i
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: By:
! CITY MANAGER
"MUNICIPALITY
ATTEST:
J
City Clerk
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APPROVED AS TO FORM:
City Attorney
Dated:
ATTEST:
Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
LA QUINTA REDEVELOPMENT AGENCY
EXECUTIVE DIRECTOR
"Agency".
GMA INT RNATIONAL
By: 070
Name: #t—A1"%/%iZ—
Title: PRESIDENT
"CONTRACTOR'
Exhibit "A"
Scope of Services
016
Exhibit "A"
:2 Scope of Services
Z Phase One
RECONFIRM CITY OF LA QUINTA'S MASTER PLANNING & DEVELOPMENT
OBJECTIVES
Task QD_c: Reconfirm project expectations and a timetable for the efforts necessary to complete the Master
M Plan. Seek to determine the City's `risk and reward' development scenario to more clearly define
political and financial models for project success. Identify preferred or familiar resort destination
projects for preliminary comparison and research.
Task w : Establish a basis for regular and thorough communication methods with City and development
team, including the sharing of contact information and meeting calendar(s), comparison of software
and systems and methods of delivery for plan review and informational exchange. Identify key
team members along with roles and responsibilities.
Phase Two
REVIEW EXISTING PRELIMINARY PLANS AND ESTABLISH A PROGRAM FOR THE
PROPERTY
M
Task One: Meet with City Staff to inventory existing information relative to the conceptual master planning
and design efforts. Upon receipt and review of the available information, and during our initial
reconnaissance, we will provide assistance in defining a preliminary development program and
strategy with the City, as well as assemble the necessary topographic, geo-technical and survey
data, such as may be currently available or requested.
M Task Two: Based on the statement of objectives concluded in Phase One above. GMA will conduct on -going
research to assist the City in analyzing each of the resort uses, the golf course component as well
as village commercial uses contemplated which may effect plans and program currently envisioned
for "The Ranch" property.
Task Three: Prepare a draft preliminary summary of a program and strategy for the property. This task will be
coordinated with the City.
Task Four: Based on the City's review and comment of our draft preliminary program and strategy summary,
refine and finalize the summary suitable for in-house project management purposes.
Task Five: Project Image Development - Begin preliminary development project "Story Line" and Thematic
direction for the project. This task will depict the representative character and environment
envisioned. This will include the design of a project logo, project name and by-line, as well as
market application of theme as the project is being designed and developed.
Phase Three
CONDUCT A COMPARATIVE/COMPETITIVE RESORT PROPERTIES REVIEW AND
ANALYSIS
Task One: Based on the information gathered in Phase One, Task One, GMA will conduct a thorough and
independent review of the appropriate comparative projects. We will use our existing archives as
well as research various resort and travel sources to build a comprehensive design and programming
017
database. A matrix of uses, amenities, size of acreages and corresponding values will be included,
where available.
We have allocated two days of field review in the Cochella Valley as well as an additional two days
to review comparative projects in other locations such as Scottsdale or Tucson, Arizona.
Task Two: An executive summary of the preliminary research will be composed as well as a database created
from the research efforts, including locations of study projects, phone numbers, names of managers,
etc., and will be saved to CD ROM for client usage.
Task Three: A Project Image Library will be established with divisions for proposed land uses, programming
efforts as well as conceptual architectural, landscape architectural, unique features and operational
design purposes.
Phase Four
DETERMINE PRELIMINARY DEVELOPMENT OPPORTUNITIES AND CONSTRAINTS
Task One: Based on data collected in Phase Two, GMA along with our project engineer team member will
establish an accurate base map, complete with boundaries and legal identification; we will review
and analyze site characteristics
Assess ingress and egress restrictions
Existing property improvements, buildings, roads, etc.
• Existing historical components (existing "Ranch" structures, etc.)
Topography
• Trees and vegetation; conduct a plant inventory (optional)
Inward and outward view orientation opportunities
• Sun orientation, sunset view(s), shade and shadow analysis
• Prevailing wind patterns
• Climate conditions
• All American Canal — impacts and consideration
• Perimeter street parkway scenic considerations
• Santa Rosa Mountain considerations
• Review existing available traffic capacities and assess demands based on variety of land uses
contemplated.
Task Two: Prepare a summary of our analysis in both a graphic and narrative format.
Task Three: Meet with council for information review of status of project and establish a preliminary direction
for alternatives as well as citizen input process.
Phase Five
COMMUNITY PARTICIPATION PROGRAM
Task One: Research and identify issues of public interest that would effect the scope and pace of development;
these issues may include land uses, access and circulation, parking and traffic considerations, issues
that unite/divide the community; identify the perception of the value and benefit of the project
to the community. Identify existing funding mechanisms considered by the city, review current
information being communicated by the city regarding revenue generating potential.
018
Task Two: Identify key stakeholders, relationship linkages and including individuals, agencies and
organizations (public and private) and contributing consultancies to the process. Determine history
of community involvement in La Quinta and the strengths and weaknesses of existing. interested
groups. Establish a Project database for use in communicating vital updates and issues with
stakeholders.
Task ret: Prepare, strategize and design a public review process tailored to the City of La Quinta's
circumstances and needs that will create meaningful input on the development program. With an
understanding of the resources of the City of La Quinta and a proposed pre -development timetable,
propose a public input calendar.
M Task Four: Facilitate the public review process and coordinate the public input calendar with the conceptual
planning and design efforts.
Task Fiv : GMA will conduct up to eight (8) public consensus building, information sharing and comment -
gathering meetings at designated venues, throughout the process.
Task Six: Consolidate input from the community, city staff and public leaders for incorporation into the
design and program efforts to create a Master Plan that gives the community of La Quinta the sense
of ownership.
Phase Six
PREPARE THREE ALTERNATIVE RESORT AND GOLF COURSE ROUTING SKETCH
MASTER PLANS
Task One: Prepare a resort distribution plan. This task will involve identifying the possible locations,
configurations and densities of the various resort uses, such as:
Championship Golf Courses
• Fractional
• Timeshare
• Resort Hotel (rooms and Suites)
• Destination Retail Entertainment Village
• Executive conference center facility
• Spa facility
• Hiking, bicycling and equestrian facilities/trails
• If appropriate, water sports/recreational
• Linkages to existing trails, pathways, etc.
• Additional amenity considerations, as warranted or desired
This task will also involve preliminary research of possible prototype floor plans, architectural
character and relationship to the competitive market as well as the development of a project image
and character.
Task Two: GMA will prepare three alternative golf course routing plans for two championship 18-hole golf
courses and one 9-hole executive golf course in coordination with our sub consultant Palmer
:X Design. If necessary, Palmer Design will assist GMA in verifying and reconfirming the golf routing
for the resort golf courses, as well as identify Clubhouse location options
019
a
Ta 1. Three: Explore interrelationship and possible connectivity of other City of La Quinta landmarks, venues,
key commercial areas (restaurants, retail, etc.), hotels, etc. connectivity may be linked through
trails, roads, signage, trolley systems, etc.
Talk Four: Prepare a unique resort circulation system and explore traffic and parking implications based on the
three alternative master plans.
Task Fv : Coordinate with the City to refine "The Ranch" resort program goals and objectives.
Task Si : Prepare three alternative sketch plans and accompanying statistical summaries. The plans and
statistical summaries will be prepared suitable for inhouse review and evaluation.
Task Seven:Prepare alternative Project Image packages based on the three alternative Master plans. This will
include story line development including how this area has evolved and developed over time along
with the character and environment envisioned for the property. Logo design, project theme,
characterization for marketing purposes and the project name may also be addressed.
Task Eight: Prepare preliminary enlargement sketch site plan vignettes of the hotel area, golf clubhouse area,
and entertainment village.
Task Nine: Based on City/Design Team input, prepare a draft image booklet of the resort uses and environment
envisioned. For internal review purposes only.
Task Ten: Based on City/Design Team input, prepare a preliminary sketch plan graphics package and
statistical information suitable for in-house review and comment.
Task Eleven:Attend and conduct a coordination / study session to solicit comments from the City's "The Ranch"
Master Planning management team to select the preferred alternative.
Task Twelve:Attend and conduct two coordination / study sessions with city decision makers to solicit
comments and selection of the preferred alternative plan.
Phase Seven
REFINE AND FINALIZE CONCEPTUAL RESORT MASTER PLAN
Based on comments received from the city staff, redevelopment agency, if appropriate city council
members and Master Planning team members, prepare refinements and finalize the preferred
conceptual resort sketch plan to a final conceptual World Class destination resort master plan.
Task One: Refine and finalize the preferred alternative plan and land use components, such as golf course
routing and golf course clubhouse location and practice area alternative plans, as well as the
i immediate surrounding area.
11
Task Two: Refine anua d finalize the conceptl design for the Resort Hotel facility, destination entertainment
village and the executive conference facility area.
Task Three: Refine and finalize overall unique resort uses and circulation system. This task will also include the
preparation of a Master Plan statistical summary.
i Task Four: Refine and finalize the preferred resort sketch plan into an international world class destination
resort master plan. This task will involve the integration of the various resort uses such as the hotel,. -
two exclusive golf courses, a 9-hole executive golf course, a village or town center that facilitates
020
2
the interface of the resort community with the resort uses. Additional uses and/or features will
include a world -class spa, a fitness center, executive conference facility, a unique circulation
system, parking, passive recreational uses and a full range of food and beverage opportunities for
the hotel, golf courses and responsiveness to both the hotel guest as well as the local community.
In addition, GMA will explore the potential of connections (via trolley, pedestrian, signage, etc.)
and interrelation of "The Ranch" to other key areas of the City of La Quinta (venues, commercial
centers, restaurants, hotels, etc.) to help establish the City as a destination with added character,
ambiance and inter connectivity promoting both the resort and community feel.
Task Five: Refine and finalize site plan vignettes of the various special resort component areas.
Task ix: Refine and finalize a DRAFT image booklet. This task will also involve refining and finalizing the
project story line as well as the project theme and character envisioned.
Task Seven:Prepare graphics for City review prior to final coloring and digital scanning for presentation
purposes.
Task Eight:
Based on comments received from the City, prepare labeling and descriptive notes on final
graphics.
Task Nine:
Engage in on -going coordination with the City to solicit final comments prior to preparation of the
graphics package.
Phase Eight
PREPARE AN ILLUSTRATIVE MASTER PLAN PACKAGE
Based on comments received, prepare a final illustrative master plan presentation package.
Task One:
Incorporate final comments and then color exhibits suitable for public presentations and promotional
purposes. Exhibit package to include:
Vicinity map
• Illustrative conceptual site plan. This exhibit will depict the site layout of all the resort uses
and incorporate the world -class quality envisioned. The plan will depict trees, buildings,
golf courses, hotel, resort units, lakes, streets, parking, amenity detailing, recreational areas,
shadows and textures and will be fully illustrated and colored.
Three to four vignettes of enlarged areas within the concept plan
This task will include digital scanning and electronic manipulation of the graphic exhibits to ensure
presentation quality exhibits.
Task Two:
Prepare preliminary thematic concept ideas for the overall resort. This task will include digital
scanning and manipulation of images to present the thematic concept.
Task Three:
Prepare a final project image booklet. This booklet will depict the exclusive resort environments
proposed and envisioned for the project. This task will also include digital scanning and electronic
enhancement to produce the final booklet.
Task Four:
Present the presentation package to The City of La Quinta for review and acceptance. A
:3
021
a
Phase Nine
PREPARE ENVIRONMENTAL INFORMATION FORM
Based on the city's representation within the RFP, that if the land uses generally remain the same,
the CEQA requirements are already satisfied. However, for the purposes of this assignment,
Michael Brandman Associates will review the proposed alterations, the preferred / selected plan as
well as be involved in aspects of the refinement and finalization of the master plan
Task One: Prepare Environmental Information Form
Task Two: Submit the Environmental Information Form to the City for review and comment
Should it become necessary to do additional Environmental Assessments and/or studies such
as Biological or a 404 Permit Avoidance Plan based on additional environmental input we will
expand Michael Brandman Associates involvement to assist in preparation of the appropriate
Environmental documents and information to deem the project environmentally acceptable.
However for the purposes of this proposal we have assumed that additional environmental research
of studies will not be necessary.
Phase Ten
MEETINGS AND COORDINATION
Task One: This task will involve attendance at project coordination meetings, field trips and presentations to
interested parties as directed by the City not specified in the Phases and Tasks listed above.
Task Two: Coordination with Redevelopment Agency as well as City Departments and outside agencies as
required.
Task Three: Prepare meeting notes and monthly status reports for in-house Redevelopment Agency project
management purposes.
022
Exhibit "B"
Schedule of Compensation
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a Exhibit "B"
Schedule of Compensation
REIMBURSABLE EXPENSES
For your budgetary purposes, we estimate reimbursable expenses to be approximately $30,000. This should
cover blueprinting, digital scanning, cellular phone and communication costs, printing and plotting, Federal
Express/Courier services as well as travel related expenses. We recommend that teh client engage the services
of a reproduction company for normal reprographic/xeroxing/scanning/plotting needs for this project and to be
charged directly to the Client. All other project related expenses will be invoiced with a 10% administration
handeling fee. Milage will be billed at thirty-five cents ($.35) per mile.
Following is a current schedule of rates charged by GMA for authorized extra work of services contracted on
an hourly (time and material) basis effective January 2002.
:2
President
$200.00/hour
Principal (Vice President)
$150.00/hour
:2
Principal
$120.00/hour
Senior Planner/Landscape Architect (Sr. Associate)
$ 90.00/hour
Planner/Landscape Architect (Associate)
$ 75.00/hour
Project Manager
$ 65.00/hour
Project Planner/Designer
$ 55.00/hour
CAD Operator
$ 50.00/hour
Graphic Designer/Planning Analyst
$ 45.00/hour
Draftsperson/Professional Staff
$ 45.00/hour
Administrative Support/Work Processing
$ 35.00/hour
025
Exhibit "C"
Team Members
026
f
Exhibit "C"
Team Members
The GMA master planning team will consist of GMA International as the Primary Consultant / Team Leader,
three Consultant Team Members and four Sub -Consultant / Advisory Team Members on an as -needed basis, as
follows:
Primary Consultant Team Leader
• GMA International
• Gil Martinez, President
• Steve Garcia, Vice President
• Carol Ackerman, Vice President
• Kevin Varner, Senior Planner
• Kevin Korczyk, Project Manager
• Phill Siegler
• Tom Pagluiso
• Patricia Mickey
Consultant Team
• MDS Consulting
• Stan Morse, Principal
• Chris Bergh, Vice President
• Lee Quiala, Office Manager
• Synthesis Realty
• Matthew Shanaberger
• Robert Burnett
• The Concord Group
• John Shumway
Sub-Consultants/Advisory Team Members
• Palmer Course Design
• Arnold Palmer
• Ed Seay
• Harrison Minchew
• Chapman Development Company
• David Chapman
• Michael Brandman Associates
• Michael Brandman
• Bill Kunzman
• Bill Kunzman
• Carl Ballard
- Project Management
- Resort Master Planners
- Landscape Architects and Site Planners
- Environmental Analysts
- Entitlement Services
- Thematic Designers
- Architectural Designers
- Planners
- Engineers
- Surveyors
Hotel and Conference Facility Market Analysis
- Strategic Marketing Analyst
Golf analyst, fractional/time share analyst, village
concept analyst
- Golf Course Routing Design review and analysis and
golf operations
- Golf Course Resort tournament play, events
and promotions
- Resolution of practical issues
- Golf Course Design Management and Operations
- Hospitality analyst
- Conference center and retail management / operations
related issues
- Overall development analyst
- Environmental services / natural resources management
I - Traffic and Parking Systems Analyst
0 27
Exhibit "D"
Insurance Information
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CERTIFfC_ ATE?OF INSURANCE. "2
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RODUCER Cert# 42952 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
PARENT INSURANCE BROKERS, LLC CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
SHERMAN
4770 CAMPUS DRIVE SUITE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
NEWPORT BEACH, CA 92660 I POLICIES BELOW.
(949) 660-3700
FAX (949) 660-3777 COMPANIES AFFORDING COVERAGE
INSURED
MARTINEZ DESIGN ASSOCIATES
DBA: GMA
2700 NEWPORT BLVD #190
NEWPORT BEACH, CA 92663
"APANY
A NORTHERN INSURANCE COMPANY OF NEW YORK
COMPANY
B GREAT AMERICAN ASSURANCE COMPANY
C
COM
D
OVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
ANY REQUIREMENT, TERM
LISTED BELOW HAVE BEEN
OR CONDITION OF ANY CONTRACT
ISSUED TO THE INSURED
OR OTHER DOCUMENT
NAMED ABOVE FOR THE
WITH RESPECT TO WHICH
AND CONDITIONS
POLICY PERIOD INDICATED,
THIS CERTIFICATE MAY BE ISSUED OR MAY
OF SUCH POLICIES. LIMITS SHOWN MAY
NOTWITHSTANDING
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS,
EXCLUSIONS
I{e,�'= BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTNE
POLICY EXPIRATION
LIMITS
CO TYPE OF INSURANCE
POLICY NUMBER
DATE (MM/DD/YY)
DATE (MM/DDM')
LTR
GENERAL AGGREGATE
S 2,000,000
'GENERAL LIABILITY
PAS35419283
AUG 24 02
AUG 24 03
PRODUCTS-COMP/OP AGG.
$ 2,�00,000
x COMMERCIAL GENERAL LIABILITY
PERSONAL 8 ADV INJURY
$ 1,000,0 00
LAMS MADE OCCUR.
EACH OCCURRENCE
$ 1,000,000
AffOWNER'S & CONTRACTOR'S PROT.
FIRE DAMAGE(Any One Fire)
$ 1,00,000
MED. EXPENSE(Any One Person]
$ 10,000
,AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT I
$ 1,00,00
PAS35419283
AUG 24 02
AUG 24 03
BODILY Y INJURY
___ ANY Auro i
_
ALL OWNED AUTOS
(Per Person) ,
$
r—� SCHEDULED AUTOS
i
A i HIRED AUTOS
BODILY INJURY I
$
X NON -OWNED AUTOS
(Per Accident)
PROPERTY DAMAGE
$
� J
— —
AUTO ONLY - EA ACCIDENT
$
ANY AUTO —
EACH ACCIDENT $
L—� AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE I$
i
I OTHER THAN UMBRELIA FORM
STATUTORY LIMITS
,WORKER'S COMPENSATION AND i EACH ACCIDENT
EMPLOYERS' LIABILITY
i DISEASE -POLICY LIMIT $
THE PROPRIETOR/ INCL I DISEASE -EACH EMPLOYEE
PARTNERS/EXECUTIVE EXCL $
OFFICERS ARE: _
B OTHER EDN320959702 JUL 5 02 JUL 5 03 $ 00,000 / $1.000,000
I CLAIMS MADE PROFESSIONAL
RETRO RETROACTIVE DATE 7 5S2 OOENGINEERS $ DEDUCTIBLE:
5,000
RIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
CITY OF LA QUINTA, AND ITS OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS
TO GENERAL LIABILITY.
RE:
CERTIFICATE HOLDEK
CITY OF LA QUINTA
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATWRITTENION NOTDATE CE TO THEOF. THE CERTIFICA E'NG HOLDER PANY WLL MAIL NAMED TO THE LEFT.DAYS
10-DAY NpTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM
Exhibit "E"
Scheduling Information
y
030
Exhibit "E"
Schedule Requirements
Phase Description
Time Required
Phase One:
Reconfirm City of La Quinta's Design &
2 Weeks, plus
Development objectives and conduct a
ongoing, as required
Project resource inventory
Phase Two:
Review existing Preliminary Plans and
2 Weeks
Establish a Program for the Property
Phase Three:
Conduct Comparative/Competitive Resort
2 Weeks, plus
Properties Review and Analysis
ongoing as required
Phase Four:
Develop Preliminary Development
2-4 Weeks
Opportunities and Constraints
Phase Five:
Community Participation Program*
Ongoing as required
Phase Six:
Prepare Three Alternative Resort and
5 Weeks
Golf Course Routing Sketch Master Plans
Phase Seven:
Refine and Finalize Conceptual Resort Master
4 Weeks
Plan
Phase Eight:
Prepare an Illustrative Master Plan Package
4 Weeks
Phase Nine:
Prepare Environmental Questionnaire
2 Weeks
Phase Ten:
Meetings and Coordination
Ongoing
TOTAL TIME
REQUIRED:
6 MONTHS
*Note: Unforeseeable circumstances such as socio-political issues may affect the schedule.
031