2003 07 01 RDA&r# 44 Qdjta
Redevelopment Agency Agendas are
Available on the City's Web Page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, July 1, 2003 - 2:00 P.M.
Beginning Resolution No. RA 2003-12
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Osborne, Perkins, Sniff, and Chairperson Henderson
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes. Please watch the timing device on the podium.
CLOSED SESSION
1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL
PROPERTY AT THE SOUTHEAST CORNER OF WESTWARD HO/DUNE PALMS
(APN: 649-040-001) AND AT WESTWARD HO EAST OF DUNE PALMS (APN: 649-
040-005). PROPERTY OWNER/NEGOTIATOR: SUSAN HARVEY.
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Redevelopment Agency Agenda 1 July 1, 2@3
NOTE: Time permitting, the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, persons identified as negotiating parties
are not invited into the Closed Session meeting when the Agency is considering acquisition
of real property.
RECONVENE AT 3:00 P.M.
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.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF MAY 30, 2003
2. APPROVAL OF MINUTES OF JUNE 13, 2003
3. APPROVAL OF MINUTES OF JUNE 17, 2003
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 DATED JULY 1, 2003.
BUSINESS SESSION
1. CONSIDERATION OF MASTER SCHEDULE, RFP FOR CIVIL ENGINEERING
SERVICES AND PLANT INVENTORY SERVICES FOR SILVERROCK RANCH.
A. MINUTE ORDER ACTION
100
1 � 1
Redevelopment Agency Agenda 2 July 1, 2003
STUDY SESSION - NONE
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
Adjourn to an adjourned regular meeting of the Redevelopment Agency to be held on July
22, 2003 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in
the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing
agenda for the La Quinta Redevelopment Agency meeting of Tuesday, July 1, 2003, was
posted on the outside entry to the Council Chamber, 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, June 27, 2003
DATED: June 27, 2003
JUNE S. GREEK, CIVIC, City Clerk
City of La Quinta, California
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Redevelopment Agency Agenda 3 July 1, 2003 13
4
AGENDA CATEGORY:
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GF�1 OF T 9
BUSINESS SESSION
COUNCIL/RDA MEETING DATE: JULY 1, 2003 /
CONSENT CALENDAR
ITEM TITLE:
STUDY SESSION
Demand Register Dated July 1, 2003 PUBLIC HEARING
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated July 1, 2003 of which $1,091,637.60
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
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COUNCIL/RDA MEETING DATE: July 1, 2003
ITEM TITLE:
Consideration of Master Schedule, RFP for Civil
Engineering Services and Plant Inventory Services for
SilverRock Ranch
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the proposed SilverRock Ranch Implementation Master Schedule; and
Authorize the distribution of an RFP for civil engineering services (Phases 1 A and
1 B); and
Authorize staff to solicit and retain the services of a Plant Inventory Consultant.
FISCAL IMPLICATIONS:
None for this action. The City's Capital Improvement Program includes a project
entitled Municipal Golf Course - Phase I, including $2.5 million for contractual services
related to planning, engineering and property management services. Approximately
$2.2 million remains in this account. Current construction estimates for Phase I,
including supporting infrastructure, total $21.5 million. The estimated fee for civil
engineering services is estimated at $400,000, to be negotiated with the selected
consultant. The estimated fee to conduct the plant inventory is less than $25,000, to
be negotiated with the consultant.
BACKGROUND AND OVERVIEW:
The Redevelopment Agency acquired 525 acres of property, commonly referred to as
"The Ranch," in June of 2002. The Agency adopted a conceptual land use plan and
renamed the project "SilverRock Ranch" in May 2003. The Agency selected Palmer
Golf'Course Design to provide golf course architectural services and Roy Stephenson,
P.E. of Berryman & Henigar to serve as Development Coordinator for Phase I of the
project.
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The Development Coordinator's responsibilities include assisting the project
development team in identifying and preparing Request for Proposals (RFP) for
specialists needed to design the golf course, support infrastructure, landscape
improvements, a temporary clubhouse, restrooms, and other ancillary structures. In
addition, the Development Coordinator will prepare RFP's or Statement of
Qualifications (SOQ) for construction managers, golf course contractors, golf course
operators and pre -opening marketing services.
Master Schedule
An important element of the Development Coordinator's responsibilities includes the
preparation and continual update of a Master Schedule for implementation. This
schedule is included as Attachment 1. The critical component that impacts other
specialist/contractors is the golf course architect's schedule. The Palmer Course
Design Company's preliminary schedule sets forth completion of plans and
specifications for bidding in February 2004. Allowing for six weeks to bid the project,
award of the golf course construction contract could be made in April 2004.
This master schedule requires that the other specialists, design consultants,
construction managers, operators, and pre -qualification of golf course contractors be
identified and retained in a timely manner.
Civil Engineering Request for Proposal
A Request for Proposals has been prepared for Civil Engineering services (Attachment
2). These services include: conducting a geotechnical investigation of the site;
preparation of a mass grading plan; improvement plans and specifications for street,
water, sewer, bridges, water wells; and dry utility coordination. Boundary, design and
construction survey services are also included. Staff is seeking Agency authorization
to solicit proposals for civil engineering services for Phases IA and IB of the project.
Staff proposes that the Selection Committee members include:
Mark Weiss, Assistant Executive Director
Tim Jonasson, Public Works Director
Jerry Herman, Community Development Director
Roy Stephenson, Development Coordinator
Frank Spevacek, Redevelopment/Economic Development Consultant
Pursuant to the City's consultant selection procedures, the Agency Board may appoint
one or two members to participate in or observe the selection process.
Plant Inventory Consulting Services
The design team needs an inventory of all plant material (primarily trees) in order to
identify those plants that can be incorporated into the project. Since the estimated
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cost for these services is less than $25,000, staff is recommending the consultant be
retained under the "minor contract" provision of the City's consultant selection
procedures. Staff is seeking Agency authorization to solicit and retain the services of
a Plant Inventory Consultant.
Agency Board Action Schedule
The attached master schedule delineates dates of anticipated Agency Board actions in
retaining/qualifying the needed support designers, construction managers, golf course
contractors and other specialists.
The tentative schedule to retain these specialists is set forth below:
Consultant/Contractor
Agency RFP/RFQ Approval
Agency Selection
Civil Engineer
July 1, 2003
September 16, 2003
Plant Inventory Consultant
July 1, 2003
N/A
Marketing Consultant
August 5, 2003
September 16, 2003
Building Architect
August 5, 2003
October 7, 2003
Landscape Architect
September 16, 2003
November 4, 2003
Construction Manager
September 16, 3003
December 2, 2003
Golf Course Operator
October 7, 2003
December 2, 2003
Pre -Qualification of Golf
Course Contractors
October 7, 2003
December 2, 2003
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve the proposed SilverRock Ranch implementation master schedule;
authorize the distribution of an RFP for civil engineering services (Phases 1 A and
1 B); and authorize staff to solicit and retain the services of a Plant Inventory
Consultant; or
2. Do not approve the proposed SilverRock Ranch implementation master
schedule; do not authorize the distribution of an RFP for civil engineering
services (Phases 1 A and 1 B); and do not authorize staff to solicit and retain the
services of a Plant Inventory Consultant; or
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3. Provide staff with alternative direction.
Respectfully submitted,
s e
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Proposed Master Schedule
2. Civil Engineer Request for Proposal
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ATTACHMENT 2
Request For Proposals
The La Quinta Redevelopment Agency (RDA) is requesting proposals
from Civil Engineering consulting firms to prepare mass and precise
grading plans, infrastructure improvement plans, Geotechnical
investigations, survey, utility service coordination and to process the
necessary local agency approvals for Phases IA and IB of the
SilverRock Ranch Project.
In July 2002, the Agency purchased 525 acres that was once the
Ahmanson family ranch. Now known as SilverRock Ranch, the
RDA's goal is to develop a premier golf -oriented resort community
that encompasses two 18-hole golf courses, resort, passive
recreation and resort oriented commercial uses. The property is
adjacent to the Coral Reef Mountains and the private golf
communities of PGA West, The Tradition, The Citrus, and The
Hideaway.
GMA International has completed the conceptual master plan and
development program for this property, which was approved by the
Redevelopment Agency Board on May 6, 2003. The master plan
includes a preliminary routing plan for both golf courses, entry roads,
and identifies future hotel and commercial sites. The master plan
also includes a phasing plan (Exhibit A). Phases IA and IB have now
been conceptually approved by the RDA for implementation.
The RDA has selected Arnold Palmer Golf Design as the Golf Course
Architect for Phase IA. The RDA has also extended the contract with
GMA International to provide support services during the design
effort. Berryman & Henigar, Inc. has been retained to provide
development coordination services.
MDS Consulting is currently under contract to prepare an offsite
hydrology report, process a Streambed Alteration Permit (1603), and
to prepare and process applications and exhibits for the ultimate
abandonment of existing on -site Bureau of Reclamation Easements.
MDS is also designing the street improvement plans for Avenue 52
and water improvement plans for the extension of an 18" line from the
project's westerly boundary (Tradition to the proposed project entry at
GASilverRock Ranch\Civil EngineeARFP 6-24-03.DOC
12
Cetrino (Citrus). A stub will be provided southerly for future on -site
extension.
The Civil Engineer is required to work closely with Palmer Design,
GMA International and the SilverRock Ranch Development Team.
The Civil Engineer, in addition to preparing construction drawing and
bid specifications and cost estimates, will provide construction survey
services and assistance in responding to requests for information
(RFI's) and change orders.
An aerial topographic survey is available at the City of La Quinta. It is
in a digital format at a scale of 1 "=40' with 1' contours.
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC
Exhibit A Phasing Plan
ISO
G:\SilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC 14
Desired Services
The selected Civil Engineer will work closely with the Development
Team and the Golf Course Architect to insure the infrastructure plans
are compatible with the golf course design and the Conceptual
Master Plan. Specific services should, at a minimum, include the
following:
• Prepare geotechnical investigation report describing the work
performed, subsurface soils conditions encountered, and
presenting the findings of your work. The report shall address
at minimum, the following:
- Feasibility of site for proposed construction (Phases 1 A &
1B)
- Identification and mitigation of geologic and seismic hazards
including a liquefaction study (if required) (Phases 1A & 1 B)
- Recommendations for foundation design, including
allowable bearing pressures, estimated total and differential
settlement
- Recommendations for site preparation and engineered fill
placement, including a description of the on -site soils and
the suitability of these soils for use in compacted fills
- Recommendations for slab -on -grade, including damp
proofing or waterproofing interior slabs
- Discussion of the sulfate content of the on -site soils and
preliminary recommendations for imported fill (if required)
for use in compacted fills
- Preliminary infiltration rate for retention basin design
- Preliminary pavement structural section for streets and
parking areas based on R Value testing of the site
- Identify locations of bedrock
• Prepare boundary survey of the entire property boundary to
establish a basis for survey control and future subdivision of the
property.
• Provide design and construction survey for phases IA and IB.
1:�
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC 1 5
• Prepare mass grading plan for phase IA and IB at 1" = 100'
scale.
• Prepare on -site hydrology analysis and drainage plan including
retention basin design.
o Prepare plan and profile street improvement plans for Avenue
54 and the Entry Road including street lighting at 1 "=40' scale.
• Coordinate the preparation of the dry utility plans through the
respective utility companies for the entire site.
• Prepare and process through CVWD backbone water and
sewer improvement plans.
• Prepare vehicular bridge plans for three crossings of the All
American Canal, including processing through CVWD.
• Design conveyance systems from All American Canal laterals
and on -site well to irrigation lakes.
• Design on -site water well(s).
• Prepare cost estimates and specifications for bidding purposes.
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC 16
Ranch Vision
The SilverRock Ranch's canvas spans 525 acres adjacent to the
base of the Coral Reef Mountains in the City of La Quinta. The
RDA's goal is to develop premiere hospitality and golf venues that
become must -see destinations in the Coachella Valley. The final
development will be crafted as if it had evolved over time by melding
the rich hues of the desert and strong architectural elements inspired
by the site with rusticated materials.
Environmental approvals have been secured to develop the following
uses on SilverRock Ranch: a 250-room hotel with a 10,000 square
foot conference center; 300 condo hotel or fractional units with up to
500 keys; two 18-hole public golf courses with a driving range and a
25,000 square foot clubhouse; one 9-hole public golf course; and
25,000 square feet of ancillary tourist commercial uses. Additional
approved uses entail passive park space, trails, and view corridors.
The RDA approved a Master Plan for the project in May 2003. The
Master Plan sets forth a preferred site development program and plan
that will guide the precise planning processes. GMA International
has been managing this activity and prepared the master plan and
associated documents. Their work will be available to the selected
organization. The RDA has secured funding to facilitate the
development of one golf course and associated improvements. As
such, the plan is to move expeditiously to conduct the precise
planning process and bid the mass grading of Phases 1 A and 1 B by
December 2003.
Additional information may be found at the project website:
www.silverrockranch.com
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC 17
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Submittal Procedures
Proposal Packages and Submittal Deadline
A work proposal and a cost proposal are to be submitted in separate
envelopes, clearly marked with the consultant's name, address and
phone number. Work proposals are to be submitted in the envelope
marked "Work Proposal" and cost proposals are to be submitted in
the envelope marked "Cost Proposal."
Ten (10) proposal packages are due by 1:00 p.m., Friday, July 25,
2003, and delivered to:
Mark Weiss, Assistant Executive Director/Project Manager
La Quinta Redevelopment Agency
78-495 Calle Tampico
P. O. Box 1504
La Quinta, CA 92253
Contact Person
All questions regarding SilverRock Ranch and this Request for
Proposals should be directed to Mark Weiss via email at mweiss@la-
quinta.org.
GASilverRock Ranch\Civil EngineehRFP 6-24-03.DOC 0— Q
Proposal Format
Respondents are encouraged to keep their proposals brief and
relevant to the specific work required. Proposals shall include a
minimum of the following items:
1. Work Proposal (Envelope 1) — Submit ten (10) copies limited
to a maximum of 20 pages.
A. Cover Letter
i. The name, address and phone number of the
contact person for the remainder of the selection
process.
ii. Any qualifying statements or comments regarding
the proposal and relevant to the information
provided in the RFP or the proposed contract.
iii. Identification of sub consultants, if any, and their
responsibilities.
B. Statement of Qualifications
i. A listing of project personnel including relevant
experience and resumes.
ii. Experience with similar work including names and
current phone numbers of references for listed
projects.
C. Project Understanding and Approach
A narrative that details your understanding of the
project and how the organization will approach the
requested services.
Since this is a public agency redevelopment project,
public bidding may be required for all construction
services, and prevailing wage requirements will be
imposed on all construction contracts.
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC 21
D. Scope of Services
i. A description of the tasks, sub tasks, and specific
deliverables that will be provided.
ii. A description of the firm's current workload with
discussion of how this project would be incorporated
into the firm's work schedule.
E. Schedule Requirements
i. The anticipated date for a Notice to Proceed is
September 17, 2003.
ii. The Agency envisions a 4-month term for the
design and construction bidding activities.
2. Cost Proposal (Envelope 2)
A. A detailed cost proposal for all services and materials is
required including the direct and indirect rates (with
overhead) and percent of profit anticipated in completing
the services as outlined in this RFP. Man hours and
extended billing rates per classification of personnel will
be indicated for each defined task and/or sub task. A not -
to -exceed allowance for reimbursable expenses should
also be included within the cost proposal.
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC - ti
Selection Process
A Consultant Selection Committee will review the work proposals.
The Committee will select the consultants for interviews based upon
the materials submitted in the work proposal. The Committee will
interview selected firms and rank the firms. Only after the ranking
process is complete will the cost proposals be opened.
The Committee will negotiate a contract with the top firm that will then
be considered for approval by the Redevelopment Agency Board.
The successful firm will be expected to enter into the attached
Contract Services Agreement.
The tentative schedule is as follows:
Issue Request for Proposals July 2, 2003
Proposal due July 25, 2003
Oral interviews August 7, 2003
Agency Board consideration September 16, 2003
Start activities September 17, 2003
This solicitation does not commit the La Quinta Redevelopment
Agency to award a contract, to pay any cost incurred with the
preparation of a proposal, or to procure or contract for services or
supplies. The La Quinta Redevelopment Agency reserves the right to
accept or reject any or all proposals received in response to this
request, to negotiate with any qualified source, or cancel in whole or
part this proposal process if it is in the best interest of the Agency to
do so. Subsequent to contract negotiations, prospective consultants
may be required to submit revisions to their proposals. All proposers
should note that any contract pursuant to this solicitation is
dependent upon the recommendation of the Agency staff and the
approval of the Agency Board.
GASilverRock Ranch\Civil Engineer\RFP 6-24-03.DOC 23
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the
"Municipality"), a California municipal corporation, and . (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 , 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. For convenience, the Municipality is
referred to herein as the "Agency."
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 Agency, it shall immediately inform Agency of such
fact and shall not proceed except at Contractor's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof).
1.6 Care of Work. The Contractor shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, r�
24
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 Agency, except such losses or
damages as may be caused by Agency'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 Agency, 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 Dollars ($ (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 Agency no later than the tenth (1 Oth) 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
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the performance of this Agreement.
25
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 Sections 7.7 and 7.8 of
this Agreement, this Agreement shall continue in full force and effect for () years, from the
date of the execution of this Agreement.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principals of Contractor are
hereby designated as being the principals and representatives of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
1.
2.
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for Agency 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
Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant Executive
Director or such other person as may be designated by the Executive Director of the Municipality.
The Contract Officer has been authorized to act on behalf of 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 Agency to the Contract Officer. Unless otherwise specified
herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the Agency 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 Agency. In addition, neither this Agreement nor any interest herein
30
26
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval
of Agency.
4.4. Independent Contractor. Neither the Agency 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 Agency.
4.5 Agency Cooperation. The Agency 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 Agency.
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 Agency and its officers and employees as additional insured shall be
delivered to and approved by the Agency 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 Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming the Agency and its officers and employees as j
27
additional insured shall be delivered to and approved by the Agency 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 Agency.
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 Agency. 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 Agency, its officers, employees, contractors, subcontractors or agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless
the Agency, its officers, officials, employees, representatives and agents, Agency indemnities, 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 Agency) ("claims") 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 Agency's own active negligence, sole negligence or willful misconduct, or that of its
officers or employees.
In the event the Agency indemnities are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the
Agency indemnities, or at the Agency's option, reimburse the Agency indemnities their costs of
defense, including reasonable attorney's fees, incurred in defense of such claim. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnities.
5.3 Remedies. In addition to any other remedies the Agency 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 Agency, at its sole option:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
34
Exercise of any of the above remedies, however, is an alternative to any other remedies the Agency
may have and are not the exclusive remedies for Contractor's failure to maintain or secure
appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contractor may be held responsible for payments of damages to person or
property resulting from Contractor's or its subcontractors' performance of work under this
Agreement.
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 Agency and shall be delivered to Agency 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 Agency 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 Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency 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 or Agency, except as required by law or as authorized
by the Agency.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
"13
29
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
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 Agency may take such immediate action as the Agency
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 Agency's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Contractor sufficient funds to compensate Agency for any losses, costs, liabilities or damages it
reasonably believes were suffered by Agency 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.
Agency's consent or approval of any act by Contractor requiring Agency's consent or approval shall
not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent
act of 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 7.8 for
termination for cause. The Agency 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
30
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 Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owned the Agency as
previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in 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 Agency shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the Agency 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 Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which 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
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shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
To Municipality:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant Executive Director
To Contractor:
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by all parties.
9.4 Severability. In the event that any or more of the phrases, sentences,
clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
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stated below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
LA QUINTA REDEVELOPMENT
AGENCY, a California municipal corporation
Dated: By:
EXECUTIVE DIRECTOR
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
Name:
Title:
"MUNICIPALITY"
"CONTRACTOR"
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EXHIBIT A
SCOPE OF SERVICES
34
EXHIBIT B
SCHEDULE OF COMPENSATION
; l
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