2004 02 17 RDAefr# 4 4 adja
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, February 17, 2004 - 2:00 P.M.
Beginning Resolution No. RA 2004-004
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 - NONE
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.
Redevelopment Agency Agenda February 17, 200
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
11request 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 FEBRUARY 3, 2004
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 FEBRUARY 17, 2004.
2. TRANSMITTAL OF TREASURER'S REPORT DATED DECEMBER 31, 2003.
3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31,
2003.
4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL
INSPECTION SERVICES FOR SILVERROCK RANCH.
5. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF
PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO RECEIVE BIDS FOR
THE SILVERRoCK RANCH GOLF COURSE NUMBER 1, PROJECT NO. 2002-07C.
6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PINNACLE
DESIGN COMPANY FOR LANDSCAPE ARCHITECTURAL SERVICES FOR
SILVERROCK RANCH.
Redevelopment Agency Agenda 2 February 17, 2004
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH OVERLAND,
PACIFIC, AND CUTLER TO PREPARE A RELOCATION PLAN AND PROVIDE
RELOCATION ASSISTANCE TO FACILITATE THE REDEVELOPMENT OF THE VISTA
DUNES MOBILE HOME PARK.
BUSINESS SESSION
CONSIDERATION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. TO INCLUDE CERTAIN
PROFESSIONAL SERVICES RELATED TO THE DESIGN AND ENGINEERING FOR THE
VISTA DUNES MOBILE HOME PARK REUSE ACTIVITIES.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2003/2004.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF AN APPROPRIATION OF UP TO $220,000 FROM PROJECT
AREA NO. 1 LOW/MOD INCOME HOUSING FUND TO ACQUIRE A SINGLE-FAMILY
HOME LOCATED AT 54-310 EISENHOWER DRIVE.
A. MINUTE ORDER ACTION
STUDY SESSION
1 DISCUSSION REGARDING LOGOS AND BRAND STRATEGY FOR SILVERROCK
RANCH.
2. DISCUSSION OF BUILDING ARCHITECTURAL THEMES FOR SILVERRoCK RANCH.
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
Redevelopment Agency Agenda 3 February 17, 2004
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on
March 2, 2004 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
1, 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, February 17, 2004,
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 111, on Friday, February 13, 2004.
DATED: February 13, 2004
JUNE S. GREEK, CIVIC, City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 4 February 17, 2004
c&t,, 4 44 Q"
AGENDA CATEGORY:
BUSINESS SESSION
COUNCIL/RDA MEETING DATE: FEBRUARY 17, 2004 CONSENT CALENDAR
ITEM TITLE:
Demand Register Dated February 17, 2004
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
STUDY SESSION
PUBLIC HEARING
Receive and File the Demand Register Dated Februray 17, 2004 of which $2,759,087.69
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
TW�p 4 4& Q"
AGENDA CATEGORY:
February 17, 2004 BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: CONSENT CALENDAR:
Transmittal of Treasurer's Report
as of December 31, 2003
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and file.
STUDY SESSION:
PUBLIC HEARING:
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
Ti� 4 44 Q"
COUNCIL/RDA MEETING DATE: February 17, 2004
Transmittal of Revenue and
Expenditure Reports dated
December 31, 2003
RECOMMENDATION:
Receive and File
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Transmittal of the December 31, 2003 Statement of Revenue and Expenditures for
the La Quinta Redevelopment Agency.
Re ectfully submitted,
John M. Fa
, Finance Director
v for submis " n
Thomas P. Genovese, Executive Director
Attachments: 1. Revenue and Expenditures Report, December 31, 2003
ATTACHMENT 1
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO, 1:
DEBT SERVICE FUND:
SERVICES
BOND PRINCIPAL
BONDINTEREST
INTEREST CITY ADVANCE
PASS THR( GH PAYMENTS
07/01/2003 - 12/31/03
BUDGET EXPENDITURES ENCUMBERED
394,585.00
6,510.00
0.00
2,208,831.00
2,208,831.00
0.00
8,060,234.27
3,607,794.47
0.00
967,182.00
483,591.00
0.00
9,959,701.00
711,876.25
0.00
ERAF SHIFT
4,000,000.00
0.00
0.00
TRANSFERS OUT
0.00
0.00
0.00
TOTAL DEBT SERVICE
25,590,533.27--
7,018,96M
CAPITAL IMPROVEMENT FUND:
4,900.00
3,9D6.82
0.00
PERSONNEL
SERVICES
99,619.00
99,880.46
0.00
LAND ACQUISITION
307,300.00
292,410.55
0.00
ASSESSMENT DISTRICT
0.00
0.00
0.00
ADVERTISING -ECONOMIC DEV
16,700.00
6,483.22
0.00
ECONOMIC DEVELOPMENT
187,000.00
109,802.26
0.00
BOND ISSUANCE COSTS
0.00
0.00
0.00
CAPITAL - BUILDING
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
1,225,208.00
612,603.00
0.00
TRANSFERS OUT
227!&;;�118g
134:;;,2
0.00
--u.w
TOTAL CAPITAL IMPROVEMENT
,;;gi
CAPITAL IMPROVEMENT FUNDITAXABLE BOND
955,821.99
0.00
948,390.88
0.00
BOND ISSUANCE COSTS
TRANSFERS OUT
25,444,178.01
15,399,784.52
0.00
TOTAL CAPITAL IMPROVEMENT
26,400,000-00
16,348,175.40
0.
LOWIMODERATE TAX FUND: PERSONNEL
4,900.00
3,906.82
0.00
SERVICES
250,497.00
95,621.48
0.00
BUILDING HORIZONS
210,000-00
0.00
0.00
LQ RENTAL PROGRAM
150,000-00
104,980.38
0.00
LQ HOUSING PROGRAM
1,509,196.00
1,100,956.00
0.00
LOWMOD VILLAGE APARTMENTS
2,350,000.00
0.00
0.00
LORP - REHABILITATION
500,000-00
0.00
0.00
APT REHABILITATION
350,000.00
0.00
0.00
FORECLOSURE ACQUISITION
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
82,595.00
41,297.52
0.00
TRANSFERS OUT ---TOs,267.46
2,398,079.46
685.83
0.00
TOTAL LOWIMOD TAX
LOWIMODERATE BONDFUND
0.00
0.00
0.00
PERSONNEL
SERVICES
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
0.00
0.00
0.00
HOUSING PROJECTS
0.00
0.00
0.00
TRANSFERS OUT
74,623.00
0.00
0.00
TOTAL LOW/MOD BOND
1.. 8
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 1:
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interst - County Loan
Interest Advance Proceeds
Transfers In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND - NON-TAXABLE
Pooled Cash Allocated Interest
Non Allocated Interest
Litigation Settlement Revenue
Loan Proceeds
Rental Income
Transfers In
TOTAL CAPITAL IMPROVEMENT
CAPITAL IMPROVEMENT FUND - TAXABLE
Pooled Cash Allocated Interest
Non Allocated Interest
Litigation Settlement Revenue
Bond proceeds
Rental Income
Transfers In
TOTAL CAPITAL IMPROVEMENT
LOWIMODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Miscellaneous revenue
Non Allocated Interest
LORP-Rent Revenue
Home Sales Proceeds
Sale of Land
Sewer Subsidy Reimbursements
Rehabilitation Loan Repayments
2nd Trust Deed Repayment
Transfer In
TOTAL LOWIMOD TAX
LOWIMODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOWIMOD BOND
REMAINING
BUDGET RECEIVED BUDGET
20,744,336.00
77,233.45
20,667,102.55
66,000.00
80,069.98
(14,069.98)
0.00
390.49
(390.49)
0.00
0.00
0.00
967,182.00
0.00
967,182.00
1,731,455.00
1,157,685.83
573,769.17
23,508,973.00
1,315,379.75
22,193,593.25
0.00
143,506.90
(143,506.90)
437,100.00
152,990.65
284,109.35
0.00
0.00
0.00
0.00
0.00
0.00
4,530.00
6,794.40
(2,264.40)
0.00
0.00
0.00
441,630.00
303,291.95
138,338.05
0.00
(358.26)
358.26
0.00
28,034.22
(28,034.22)
0.00
0.00
0.00
26,400,000.00
26,400,000-00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
26,400,000.00
26,427,675.96
27,675.961
5,186,084.00
19,308.40
5,166,775.60
4,400.00
792.14
3,607.86
0.00
0.00
O.DO
0.00
0.00
0.00
0.00
0.00
0.00
341,000.00
186,162.48
154,837.52
150,000.00
215,820.56
(65,820.56)
0.00
0.00
0.00
0.00
70,296.29
(70,296.29)
0.00
2,516.74
(2,516.74)
0.00
0.00
0.00
0.()0
0.00
0.00
5,681,484.00
494,896.61
5,186,587.39
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
19
LA QUINTA REDEVELOPMENT AGENCY
REMAINING
REVENUE SUMMARY
BUDGET
RECEIVED
BUDGET
PROJECT AREA NO, 2:
DEBT SERVICE FUND:
Tax Increment
9,723,411.00
61,179.61
9,662,231.39
Allocated Interest
0.00
28,318.06
(28,318.06)
Non Allocated Interest
0.00
23.83
(23.83)
Interest Advance Proceeds
863,674.00
0.00
863,674.00
Transfer In
3,442,855.00
211,959.68
3, 30,895.32
TOTAL DEBT SERVICE
14,029,940.00
301,481.18
13,728,458.82
CAPITAL IMPROVEMENT FUND:
Allocated Interest
0.00
15,432.58
(15,432.58)
Non Allocated Interest
0.00
10,493.00
(10,493.00)
Developer Agreement
0.00
0.00
0.00
Transfers In
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT
0.00
25,925.58
(25,925.58)
LOWIMODERATE TAX FUND:
Tax Increment
2,430,853.00
15,294.91
2,415,558.09
Allocated Interest
7,400.00
52,695.30
(45,295.30)
Non Allocated Interest
20,000.00
0.00
20,000.00
Developer funding
7,064,074.00
0.00
7,054,074.00
2nd Trust Deed Repayment
0.00
56,733.59
(55,733.59)
ERAF Shift - Interest
0.00
0.00
0.00
Sale of Land
0.00
108,570.08
(108,570.08)
Transferin
0.00
0.00
0.00
TOTAL LOWIMOD TAX
9,512,327.00
232,293.88
9,280,033.12
LOW/MODERATE BOND FUND:
Allocated Interest
0.00
0.00
0.00
Non Allocated Interest
400,ODO.00
0.00
400,000.00
Bond proceeds (net)
39,150,000.00
0.00
39,150,000.00
Transfer In
0.00
0.00
0.00
TOTAL LOWIMOD BOND
39,550,000.00
0.00
39,550,000.00
10
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO, 2m
DEBT SERVICE FUND:
SERVICES
BOND PRINCIPAL
BOND INTEREST
INTEREST CFTY ADVANCE
aki,rcoce'r _ =RAF L/MOD LOAN
0710112003-12131103
BUDGET
EXPENDITURES
ENCUMBERED
229,013.00
3,050-00
0.00
176,169-00
176,169.00
0.00
578,895.00
290,253.18
0.00
957,800.00
478,899.98
0.00
0.00
0.00
0.00
PASS THROUGH PAYMENTS 8,227,557.00 0.00 0.00
TRANSFERS OUT 0.00 0.00 0.00
TOTAL DEBT SERVICE 10,169,434. 948,37246 0.00
CAPITAL IMPROVEMENT FUND:
2,900.00
2,364.02
0.00
PERSONNEL
SERVICES
78,544-00
50,346.11
0.00
ADVERTISING -ECONOMIC DEV
0.00
3,490.97
0.00
0.00
ECONOMIC DEVELOPMENT ACTIVITY
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
34,509.00
17,253.48
0.00
TRANSFERS OUT
(36,670.14)
(33,000.00)
nnn
LOWIMODERATE TAX FUND:
LOWIMODERATE BOND FUND
TOTAL CAPITAL IMPROVEMENT
PERSONNEL
SERVICES
2ND TRUST DEEDS
2ND TRUST DEEDS FROM CENTERPOINTE
48TH AND ADAMS - FROM CENTERPOINTE
LOW MOD HOUSING PROJECT/47TWADAMS PROJ
48TWADAMS PLANNING
FORECLOSURE ACQUISITION
REIMBURSEMENT TO GEN FUND
TRANSFERS OUT
TOTAL LOWIMOD TAX
2nd TRUST DEEDS
LAND
BOND ISSUANCE COSTS
TRANSFERS OUT
TOTAL LOWIMOD BOND
2,900.00
2,364.02
0.00
127,171.00
76,003.46
0.00
150,ODO.00
O.DO
0.00
2,520,000-00
0.00
0.00
1,423,203.00
0.00
0.00
489,592.00
0.00
0.00
480,000.00
280,000-00
0.00
150,000.00
0.00
0.00
71,988.00
35,994.00
0.00
9,056,065.99
�j:0323.1
0.00
14,470,919-99
q
gg_
0.
7,000,000-00
0.00
0.00
31,000,000-00
0.00
0.00
1,500,000.00
0.00
0.00
50,000.00
0.00
0.00
39,560,000.W-
0.00
o.ou-
11
ce4ht 4 X4P Q9'Kr1ry
COUNCIL/RDA MEETING DATE: February 17, 2 0 04
ITEM TITLE: Approval of a Professional Services
Agreement for Geotechnical Inspection Services for
SilverRock Ranch
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement (PSA) in the amount of $48,000 with
Landmark Geo-Engineers and Geologists (Landmark) for geotechnical inspection
services for SilverRock Ranch.
FISCAL IMPUCATIONS:
The cost for geotechnical inspection will be included in the $11.6 million construction
budget for the first golf course.
BACKGROUND AND OVERVIEW:
The City Council approved the Fiscal Year 2003/2004 CIP on May 20, 2003. This
year's CIP includes the construction of the first phase of the SilverRock Ranch
Municipal Golf Course.
This step of development consists of mass grading the first golf course, driving range,
lakes, maintenance area, and hotel pad to within one-half foot of the, final design
elevation based on Palmer Golf Course Design's grading plan for the f irst golf course
and GMA International's design for the hotel pad. The contractor will move
approximately two million cubic yards of earth, creating the golf course features and
the hotel site including the hotel lake. An additional 179,300 cubic yards of over
excavation was added to the contract by Addendum No. 1 in order to complete the
hotel building pads with this project.
On January 20, 2004, the Agency awarded the construction contract for SilverRock
Mass Grading Improvements, Project No. 2002-07B to Wood Bros., Inc. in the amount
of $2,665,896.
140,
As part of the mass grading of the first golf course, geotechnical services will be
necessary to verify conformance with the requirements of the project's soils report.
Since Landmark prepared these requirements, they are most familiar with the project
site and have demonstrated competence in the preparation of the soils report for
SilverRock Ranch.
The Agency may authorize award and execution of service contracts with no
competitive proposals where experience with the proposed service provider has
demonstrated competence and satisfactory performance or in the renewal or
renegotiation of existing 'contracts for continuing services.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1 Approve a Professional Services Agreement in the amount of $48,000 with
Landmark Geo-Engineers and Geologists for geotechnical inspection services for
SilverRock Ranch; or
2. Do not approve a Professional Services Agreement in the amount of $48,000
with Landmark Geo-Engineers and Geologists for geotechnical inspection
services for SilverRock Ranch; or
3. Provide staff with alternative direction.
Respectfully submitted,
414 . R
o as P. E.
mothy R. 119i-a
Public Works Dire /City Engineer
Approved for submission by:
Jt4�
Thomag P. Genovese, Executive Director
Attachment: 1. Professional Services Agreement
13
2
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into
by and between the LA QUINTA REDEVELOPMENT AGENCY ("Agency"), a California public entity,
and Landmark Geo-Engineers and Geologists ("Consultant"). The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant shall provide those services related to Geotechnical Inspection Services for SilverRock
Ranch as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated
herein by this reference (the "services" or "work"). Consultant 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.
1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance
with all ordinances, resolutions, statutes, rules, regulations and laws of the Agency and any
Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein,
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may
be required by law for the performance of the services required by this Agreement. Consultant
shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties
and interest, which may be imposed by law and arise from or are necessary for the performance of
the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant 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 Consultant
discover any latent or unknown conditions materially differing from those inherent in the work or
as represented by Agency, Consultant shall immediately inform Agency of such fact and shall not
proceed except at Consultant's risk until written instructions are received from the Contract Officer
(as defined in Section 4.2 hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work by
Agency, except such losses or damages as may be caused by Agency's own negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to Agency, when such
inaccuracies are due to the negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this Agreement,
Consultant shall perform services in addition to those specified in the Scope of Services when
directed to do so by the Contract Officer, provided that Consultant shall not be required to perform
any additional services without compensation. Any addition in compensation not exceeding five
percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the Agency.
Base-con.rev Pag5 of 9 14
1.7 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the
event of a conflict between the provisions of the Special Requirements and any other provisions of
this Agreement, the provisions of the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall
be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total
amount not to exceed Forty-eight thousand Dollars ($48,000.00) (the "Contract Sum"), except as
provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation
may include a lump sum payment upon completion, payment in accordance with the percentage of
completion of the services, payment for time and materials based upon Consultant's rate schedule,
but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule
of Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and similar costs
and expenses when and if specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive payment,
Consultant shall submit to Agency no later than the tenth (1 Oth) working day of such month, in
the form approved by City's Finance Director, 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, and (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a principal
member of Consultant specifying that the payment requested is for work performed in accordance
with the terms of this Agreement. Agency will pay Consultant for all expenses stated thereon
which are approved by Agency pursuant to this Agreement no later than 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 time period established in Exhibit "C" (the "Schedule of
Performance"). Extensions to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer.
3.3 Force Ma6eure. The time period specified in the Schedule of Performance 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
Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes,
floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any
governmental agency other than Agency, and unusually severe weather, if Consultant shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the forced delay when and if in his or
her judgment such delay is justified, and the Contract Officer's determination shall be final and
conclusive upon the parties to this Agreement.
Base-con.rev Paggf of 9 15
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services,
except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are hereby
designated as being the principals and representatives of Consultant authorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
a. Greg M. Chandra
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 this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder.
The foregoing principals may not be changed by Consultant and, no other personnel may be
assigned to perform the service required hereunder without the express written approval of
Agency.
4.2 Contract Officer. The Contract Officer shall be Tim Jonasson, P.E., City Engineer or
such other person as may be designated by the Agency. It shall be Consultant's responsibility to
assure that the Contract Officer is kept informed of the progress of the performance of the
services and Consultant 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 Consultant, its principals and employees were a substantial inducement
for Agency to enter into this Agreement. Except as set forth in this Agreement, Consultant shall
not contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of Agency. 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 Agency.
4.4 Independent Contractor. Neither Agency nor any of its employees shall have any
control over the manner, mode or means by which Consultant, its agents or employees, perform
the services required herein, except as otherwise set forth. Consultant shall perform all services
required herein ' as an independent contractor of Agency and shall remain at all times as to Agency
a wholly independent contractor with only such obligations as are consistent with that role.
Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency.
4.5 Agency Cooperation. Agency shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be performed
hereunder which are reasonably available to Consultant only from or through action by Agency.
16
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5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, personal and public liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from Consultant's
acts or omissions rising out of or related to Consultant'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 Consultant's performance hereunder and neither Agency nor its
insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and
naming Agency and its officers and employees as additional insured shall be delivered to and
approved by 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 Personal Injury/Property Damage Coverage
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 $500,000 per individual; $1,000,000 per occurrence
Consultant shall 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 Consultant, its officers, any person directly or indirectly employed by Consultant, any
subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Consultant'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 Consultant's performance
hereunder and neither Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to commencement of the
services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's
Compensation laws.
Consultant shall procure professional errors and omissions liability insurance in an amount
acceptable to Agency.
All insurance required by this Section shall be kept in effect during the term of this Agreement and
shall not be cancelable without thirty (30) days written notice to Agency of proposed cancellation.
The procuring of such insurance or the delivery of policies or certificates evidencing the same shall
not be construed as a limitation of Consultant's obligation to indemnify Agency, its officers,
employees, contractors, subcontractors, or agents.
17
Base-con.rev Paged of 9
5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the Agency, its
officers, employees, representatives and agents ("Indemnified Parties"), from and against those
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 Agency) and for errors and omissions committed by Consultant, its officers, employees
and agents, which arise out of Consultant's negligent performance under this Agreement, except
to the extent of such loss as may be caused by Agency's own negligence or that of its officers or
employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such claims, Consultant shall provide a defense to the
Indemnified Parties, or at the Agency's option, reimburse the Indemnified Parties their costs of
defense, including reasonable attorney's fees, incurred in defense of such claim. In addition,
Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered
against the Indemnified Parties.
5.3 Remedies. In addition to any other remedies Agency may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, Agency may, 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 Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies
Agency may have. The above remedies are not the exclusive remedies for Consultant's failure to
maintain or secure appropriate policies or endorsements. Nothing herein contained shall be
construed as limiting in any way the extent to which Consultant may be held responsible for
payments of damages to persons or property resulting from Consultant's or its subcontractors
performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such
reports concerning Consultant's performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept
and prepared in accordance with generally accepted accounting principals. 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.
143
Base-consev Paget of 9
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
Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of Agency and shall be delivered to Agency upon termination of this Agreement or
upon the earlier request of the Contract Officer, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to
assign to Agency any documents or materials prepared by them, and in the event Consultant fails
to secure such assignment, Consultant shall indemnify Agency for all damages suffered thereby.
In the event Agency or any person, firm or corporation authorized by Agency reuses said
documents and materials without written verification or adaptation by Consultant for the specific
purpose intended and causes to be made or makes any changes or alterations in said documents
and materials, Agency hereby releases, discharges, and exonerates Consultant from liability
resulting from said change. The provisions of this clause shall survive the completion of this
Contract and shall thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records, documents and
other materials prepared by Consultant in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the Contract Officer or as required by
law. Consultant shall not disclose to any other entity or person any information regarding the
activities of Agency, except as required by law or as authorized by 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
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
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 obligations hereunder so long as the injuring party
commences to cure such default within ten (10) days of service of such notice and completes the
cure of such default within forty-five (45) days after service of the notice, or such longer period as
may be permitted by the Contract Officer; provided that if the default is an immediate danger to
the health, safety and general welfare, Agency may take such immediate action as Agency deems
warranted. Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance shall not be
a waiver of any party's right to take legal action in the event that the dispute is not cured,
provided that nothing herein shall limit 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 Consultant
sufficient funds to compensate Agency for any losses, costs, liabilities, or damages it reasonably
believes were suffered by Agency due to the default of Consultant in the performance of the
services required by this Agreement.
Base-con.rev Paged 4 9 119
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting
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 Consultant 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
Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
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. Agency reserves the right to terminate this Agreement at any time, with or without cause,
upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination,
Consultant shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for all services
rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant
to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of
Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and
Consultant shall be liable to the extent that the total cost for completion of the services required
hereunder exceeds the compensation herein stipulated (provided that Agency shall use reasonable
efforts to mitigate such damages), and Agency may withhold any payments to Consultant for the
purpose of setoff or partial payment of the amounts owed 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 connection with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 AGENCY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of Agency Officers and Employees. No officer or employee of Agency
shall be personally liable to Consultant, or any successor in interest, in the event or any default or
breach by Agency or for any amount which may become due to Consultant or to its successor, or
for breach of any obligation of the terms of this Agreement.
Base-con.rev Paged of 9 20
8.2 Conflict of Interest. No officer or employee of 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 affects his or her personal interest or the interest of any
corporation, partnership or association in which she or he is, directly or indirectly, interested, in
violation of any State statute or regulation. Consultant warrants that it has not paid or given and
will not pay or give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenants against Discrimination. Consultant covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin or ancestry in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either party
desires or is required to give the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this section.
To Agency:
LA QUINTA REDEVELOPMENT AGENCY
Thomas P. Genovese, Executive Director
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
To Consultant:
Landmark Geo-Engineers and Geologists
Attention: Greg Chandra
79-607 Country Club Drive, Ste. 5
Bermuda Dunes, CA 92201
9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties
an . d all previous understanding, 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 both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect 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.
21
Base-con.rev Paq!6 of 9
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
LA QUINTA REDEVELOPMENT AGENCY,
a California public entity
Thomas P. Genovese, Executive Director Date:
ATTEST:
June Greek, Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
CONSULTANT - Landmark Geo-Engineers and Geologists
By:_
Name:
Title: —
Date:
Base-con.rev Paief of 9
LANDMARK,
li Geo-Engineers and Geologists
a DBEIMBEISSE Company
January 27, 2004
Revised Date: February 9, 2004
Mr. Timothy R. Janasson, P.E.
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Exhibit A
Scope of Services
780 N. 4th Street
El Centro, CA 92243
(760) 370-3000
(760) 337-8900 fax
79-607 Country Club Drive, Suits 5
Bermuda Dunes, CA 92201
(760) 360-0665
(760) 360-0521 fax
Propoqal for Professional Inspection and Testing Consulting Services
Mass Grading Operations * Silver Rock Ranch
La Quinta, California
LCI Proposal No.: LP04009 T
Dear Mr. Janasson:
Landmark Consultants, Inc. is pleased to present our proposal for the requested
professional inspection and testing consulting services for the Silver Rock
Ranch project in the city of La Quinta. The following paragraphs describe our
understanding of the project and our anticipated scope of services.
PROJECT DESCRIPTION
The project will consist of mass grading for the PGA 18 holes golf course, club house
pad, hotel pads, casitas pads and maintenance building pad -as a part of Silver Rock
Ranch Phase 1, areas 1, 2 & 3. We have included as an attachment to this proposal our
proposed budget. It is our understanding that the project is scheduled to begin in
February 2004 and is expected to be under construction through May 2004.
12 23
% i LCI Proposal No.: LP04009T
Silver Rock Ranch
SCOPE OF SERVICES
Task 1 — Project Meeting
Landmark Consultants, Inc. project manager will attend the preconstruction conference to
review the project schedule and testing/inspection guidelines, and weekly meeting as
requested.
Task 2 — Earthwork Observation and Testing
We will provide full time observation and compaction testing during overexcavation,
recompaction, and fill placement as a part of the mass grading operations. Compaction
testing will generally be performed as required by the project specifications. Our
personnel will sample on -site materials for transportation to our laboratory for
appropriate testing.
Task 3 — Laboratory Testing
We anticipate that compliance testing of soils will be required; the anticipated testing is
summarized on our attached budget.
Task 4 — Technical Management & Reports
Our Project Manager will review the daily progress reports during construction. Items
found in non-compliance with the project requirements will be brought to the immediate
attention of the construction superintendent, designated design professionals, and your
designated responsible representative.
FEE
For budgetary purposes, we have provided cost estimate of $48,000.00 for the services
described above.
'24
Landmark Consultants, Inc. is
Silver R ck Ranch T.QT Prop
The services described above will are performed on a time and expense basis utilizing our
standard fee schedule (prevailing wage rate), which has been attached. Any additional
testing can be performed upon your written authorization at the time those services are
requested.
We have attempted to be realistic in developing our estimate for this project; please keep
in mind that our services are directly dependent upon the contractor's schedule and
events which occur during the duration of the project which cannot always be predicted
in advance. Any change in the contractor's schedule will impact our budget. We will
attempt to coordinate our services with the construction manager to efficiently service the
project. In the event that construction activities result in projected additional fees beyond
those described herein, we will contact you for additional written budget increase, if
necessary.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. If you have any questions or require additional information, please
contact our office at (760) 360-0665.
Sincerely Yours,
Lan �wk Consuftants, Inc
I , "tt'
Grel M. Chan P.E.
Arei Manage
A41inients:
A. Estimate Worksheet
B. Fee Schedule
Landmark Consultants, Inc. 14 O!i
io
Silver Rock Ranch LCI Proposal No.: LP04009T Exhibit B
Schedule OT Compensation
Grading Observation and Testing
Area I
Field Hours Rate Total
Soil Technician 218 $ 63.00 $13,734.00
Supervisor Technician 24 $ 72.50 $ 1,740.00
Subtotal: $15,474.00
Laboratory Test
Maxes 4 $ 125.00 $ 500.00
Soil Corrosion 4 $ 180.00 $ 720.00
Subtotal: $ 1,220.00
Proiect Management Reports
Principal Engineer 8 $ 140.00 $ 1,120.00
Staff Engineer 16 $ 90.00 $ 1,440.00
Typist 16 $ 45.00 $ 720.00
Subtotal: $ 3,280.00
TOTAL $19,974.00
26
Landmark Consultants, Inc. 15
I t- LCI Proposal No.: LP04009T
Silver Rock Ranch
Grading Observation and Testing
Area H
Field Hours Rate Total
Soil Technician 164 $ 63.00 $10,332.00
Supervisor Technician 12 $ 72.50 $ 870.00
Subtotal: $11,202.00
Laborgoa Test
Maxes 4 $ 125.00 $ 500.00
Soil Corrosion 4 $ 180.00 L--Z20.00
Subtotal: $ 1,220.00
Project Management Reports
Principal Engineer 4 $ 140.00 $ 560.00
Staff Engineer 8 $ 90.00 $ 720.00
Typist 8 $ � 45.00 L—M-0-00
Subtotal: $ 1,640.00
TOTAL $14,062.00
27
Landmark Consultants, Inc.
: T ID
Silver Rock Ranch LCI Proposal No. D 4009T
Grading Observation and Testing
Area III
Field Hours Rate Total
Soil Technician 164 $ 63.00 $10,332.00
Supervisor Technician 12 $ 72.50 $ 870.00
Subtotal: $11,202.00
Laboratory Test
Maxes 4 $ 125.00 $ 500.00
Soil Corrosion 4 $ 180.00 L_120.00
Subtotal: $ 1,220-00
Proiect Manaaemmnt—R-0-0—rts
Principal Engineer 4 $ 140.00 $ 560.00
Staff Engineer 8 $ 90.00 $ 720.00
Typist 8 $ 45.00 L__360.00
Subtotal: $ 1,640.00
TOTAL $14,062.00
Landmark Consultants, Inc. 17 28
I LCI Propos �d No.: LP04009
Silver Rock Ranch
Construction Observation & Testing
Materials Testing and Inspections
2004 Fee Schedule
Field/Office- Hourly R
Soil Technician
$ 63.00
Inspector (ICBO/AWS/CWI)
$ 70.00
Staff Engineer/Geologist
$ 90.00
Supervisory Tech./Operation Manager
$ 72.50
Principal Engineer/Geologist
$140.00
Word Processor/Typist
$ 45.00
LaborgM Test
Each
Max. Density - Op. Moisture (Method A)
$125.00
Max. Density - Op. Moisture (Method B,C,D)
$155.00
AC Maximum Density (Marshall)
$150-00
Check Point
$ 50.00
Sieve Analysis
$ 70.00
Sand Equivalent
$ 60.00
R-Value
$200.00
CBR (100% Compaction)
$275-00
Soil Corrosion
$180.00
Concrete Compression Test
$ 18.00
Grout/Mortar Compression Test
$ 20.00
Mix Design Review
$185.00
Extraction, % Bitumen
$11000
Extraction/Gradation
$150.00
Reinforcing Steel Tension & Bend Test
$110.00
Structural Steel Tension & Bend Test
$110.00
Machining Test Specimen
$cost + 20%
Basic Charges
HOU R-S W DRKED
HOURS BILLED
Sample pickup/canceled work
2 hours
0-4 hours worked
4 hours
4-8 hours worked
8 hours
Time and One -Half
8-12 hours worked, Saturdays
> 12 hours, Sunday/Holidays
Double time
Landmark Consultants, Inc. 18
Exhibit C
Schedule of Performance
Consultant shall complete all services within one hundred twenty (120) days of the date of this
Agreement or as directed by the City Engineer in order to complete soils inspection of the mass
grading of SilverRock Ranch.
3
Base-con.rev 19
Exhibit D
Special Requirements
None.
3.1
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T4ht 4 XA QuiRrev
COUNCIL/RDA MEETING DATE: February 17, 2004
ITEM TITLE: Approval of the Plans, Specifications,
and Engineer's Estimate of Probable Construction
Costs and Authorization to Receive Bids for the
SilverRock Ranch Golf Course No. 1, Project No.
2002-07C
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 6�
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications, and engineer's estimate (PS&E) and authorize
staff to advertise the bid of the SilverRock Ranch Golf Course No. 1, Project No.
2002-07C.
FISCAL IMPLICATIONS:
The Capital Improvement Program 2003/04 budget included funds for construction
of the SilverRock Ranch project.
The Golf Course construction budget, including the Village Lake, is $11,600,000.
The Agency Board awarded a $2,666,000 mass grading contract to Wood Bros. at
its January 20, 2004 meeting. The Engineer's Estimate for this golf course
construction contract is $11,310,000 including a 3% contingency for a total cost
with grading of $13,976,000, which is an increase of $2,376,000 over the golf
course budget.
Grading outside the golf course boundaries for the Hotel, permanent clubhouse, the
special use area and entry road was included in the mass grade contract awarded
to Wood Bros. In addition, the entry water feature was not budgeted as part of the
golf course construction budget.
With the Agency's approval, this $2,376,000 increase in costs. can be funded from
the $5,463,000 contingency approved for the entire project. Staff has, however,
identified the following bid items as additive alternates in order to stay within the
original $11,600,000 budget. The estimated cost of each of the alternatives is as
follows:
e)
1) Entry water feature
2) Lake No. 1 of the Village Lake
3) Lake No. 3 of the Village Lake
4) Reduce Mass Grading Contract 25%
Subtotal:
Summary:
Golf Course Construction Estimate
Mass Grading Contract (Awarded)
Subtotal
Less Additive Alternates
Total
$800,000
$276,000
$650,000
$650,000
$2,376,000
$ 11,310,000
$2,666,000
$13,976,000
-$2,376,000
$11,600,000
As demonstrated, the project can be constructed within the original budget,
including contingency, approved by the Agency on October 7, 2003. Accordingly,
staff recommends bidding the entire project with the additive alternates to retain
maximum flexibility in proceeding with the desired project on schedule, dependant
upon the actual bids received. it must be noted, however, that the $5 million in
project contingency is truly a project contingency and is intended to cover potential
cost over runs in other areas with tight budget parameters including: grow -in;
perimeter landscaping; temporary clubhouse; restrooms/cart storage; permanent
clubhouse; and a bridge.
Since this project will be constructed with RDA funds, the contractor will be
required to pay prevailing wages.
BACKGROUND AND OVERVIEW:
The City Council approved the Fiscal Year 2003/2004 CIP on May 20, 2003. This
year's CIP includes the construction of the first phase of the SilverRock Ranch
Municipal Golf Course.
This step of SilverRock development as currently designed consists of constructing
Golf Course No. 1 as designed by Palmer Course Design Component (PCDC), an
entry feature including water, hotel and retail pads, and three lakes adjacent to the
hotels and retail area. On February 3, 2004, the Agency approved the pre -qualified
contractors list; therefore only contractors on this list will be allowed to bid on this
work.
33 3 2
During design of this project, the Agency expressed a desire to include items from
both phases of the budget approved in October 2003. Some of these were new
items, such as the enhanced entry feature on Avenue 52, for which no budget had
been considered when Chapman Golf originally budgeted the project in April 2003.
Other items, like the hotel and casitas pads, were included in the grading of the
first phase to facilitate discussions with hoteliers for the development. Without an
actual design for these features, staff could only make ballpark estimates as to their
costs. Now that they have been designed and are ready for bid, staff recommends
moving forward with the entire project but must apprise the Agency that the
current Engineer's Estimate for all items is $13,976,000, which exceeds the
approved budget by $2,376,000.
With this in mind, the Agency may wish to consider bidding some features as
additive alternates to be deleted in the event that the bids are received in excess of
the Engineer's Estimate. The bid items staff recommends considering for bidding as
additive alternates, along with the ramifications for doing so, are as follows:
Additive Alternate No. 1
Entry water feature (Engineer's Estimate $800,000). This additive alternate is for
the water feature portion only of the entry feature from Avenue 52 only, the cost
of which would be partially offset by the additional landscaping required in lieu of
th e wa te r. Pacific Advanced Civil Engineering (PACE) estimates the electricity
required to run the circulation pumps for this feature at a cost of over $100,000
per year (i.e., there would be a cost savings for the operating budget by eliminating
this item as well). Some modifications would be necessary to the water circulation
routing in order to delete this alternate. The lakes could be added with the second
golf course.
Additive Alternate No. 2
Lake number one of the Village Lake (Engineer's Estimate $276,000). This lake
and the accompanying waterfall next to the tenth tee could be deleted or deferred
until the main hotel is constructed to the east. No modification would be necessary
to the onsite water circulation and deleting this lake would have no effect on the
golf strategy for the tenth hole.
04 3
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Additive Alternate No. 3
Lake number three of the Village Lake (Engineer's Estimate $650,000). This lake
and waterfall runs parallel to the thirteenth hole and would be replaced with a
vegetated area designed to exact a one stroke penalty similar to a ball hit in the
water in order to not affect the strategy of the hole. This feature could be built
later with the boutique and hotel or retail shopping development along the east side
of the proposed lake.
Additive Alternate No. 4
Reduced mass grading contract 25% (Engineer's Estimate $650,000). This item
includes reducing the over excavation and mass grading quantities from the Wood
Bros. contract by 25% by not -constructing the hotel and retail pads along the east
side of lake nos. 1 through 3. This would leave the hotel pads essentially at grade
instead of at a 10' higher elevation, as proposed by G MA. Additionally, the casitas
pads would be left at grade instead of raising them 7', as recommended by GMA.
These areas could then be raised at a later date when the hotel, casitas, and
commercial development sites are developed.
The PS&E is now complete and is available for review within the City Public Works
Department.
Contingent upon City Council approval of the PS&E, the following represents the
project schedule:
City Council Approval of PS&E February 17, 2004
Bid Period February 18, 2004 thru March 12, 2004
City Council Construction Award March 16, 2004
Construction Period (214 days) April 1, 2004 to November 1, 2004
Project Acceptance December 2004
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
Approve the plans, specifications, and engineer's estimate including the base
bid and additive alternate numbers 1 through 4 and authorize staff to solicit
the bids -from the approved golf course contractors for the SilverRock Ranch
Golf Course No. 1, Project No. 2002-07C; or
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2. Approve the base bid only and delete additive alternate numbers 1 through 4
and approve the plans, specifications, and engineer's estimate to advertise
the SilverRock Ranch Golf Course No. 1, Project No. 2002-07C; or
3. Do not approve the plans, specifications, and engineer's estimate and do not
authorize staff to solicit bids from the approved golf course contractors for
the SilverRock Ranch Golf Course No. 1, Project No. 2002-07C; or
4. Provide staff with alternative direction.
Respectfully submitted,
4mothyb. on s on, f..E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1 . Site plan with Additive Alternates
2. Detail of entry feature for Avenue 52
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COUNCIL/RDA MEETING DATE: February 17, 2004
ITEM TITLE: Approval of a Professional Services
Agreement with Pinnacle Design Company for
Landscape Architect Services for SilverRock Ranch
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement with Pinnacle Design Company not to
exceed $192,055 to provide landscape architect services for the SilverRock Ranch
project and authorize the Executive Director to execute the contract.
FISCAL IMPLICATIONS:
The City's Capital Improvement Program includes the SilverRock Ranch project and has
budgeted $5,184,200 for professional services, including $250,000 for Landscape
Architect services.
BACKGROUND AND OVERVIEW:
The Agency Board approved a Request for Proposals (RFP) for landscape architect
services at its meeting of December 16, 2003. The RFP for landscape architect
services solicited proposals from firms to prepare plans, specifications, and cost
estimates for the perimeter, entry road, temporary clubhouse, and maintenance
building landscape improvements. These plans were to conform to the landscape
concepts prepared by GIVIA International and approved by the Agency Board on
December 3, 2003.
On January 16, 2004, proposals were submitted by the following eight firms:
California Landscape & Design; David Evans & Associates; David Volz Design; GIVIA
International; Lifescapes International, Inc.; Melendrez Design Partners; Nuvis; and
Pinnacle Design Company. The Selection Committee evaluated the proposals and
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invited three firms for interview on January 29, 2004, including (in alphabetical order):
David Evans & Associates; GMA International; and Pinnacle Design Company.
Following the interview process, the Committee selected Pinnacle Design Company.
Pursuant to the consultant selection process, staff then negotiated a contract with
Pinnacle Design Company in an amount not to exceed $192,055. The services will be
performed on a time and materials, not -to -exceed basis. The term of the contract is
one year. The Professional Services Agreement with Pinnacle Design Company is
included as Attachment 1. Pinnacle Design Company's proposal is included as
Attachment 2.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
Approve a Professional Services Agreement with Pinnacle Design Company not
to exceed $192,055 to provide landscape architect services for the SilverRock
Ranch project and authorize the Executive Director to execute the contract; or
2. Do not approve a Professional Services Agreement with Pinnacle Design
Company not to exceed $192,055 to provide landscape architect services for
the SilverRock Ranch project and do not authorize the Executive Director to
execute the contract; 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 . Professional Services Agreement
2. Pinnacle Design Company's Proposal
40 2
ATTACHMENT 1
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement'), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the "Agency"), and
Pinnacle Design Company. (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 Landscape Architecture, as
specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "worW'). 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 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 famish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for all
41
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 One Hundred Ninety -Two Thousand and Fifty -Five Dollars ($192,055) (the
"Contract Sum"). The method of compensation set forth in the Schedule of Compensation will
include payment for time and materials, not -to -exceed, based upon the Contractor's rates as specified
in 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 (I 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.
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,
4020 4
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 one (1) year, 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:
I . Ronald B. Gregory, Partner
2. Ken Alperstein, Partner
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 Agency. The
Contract Officer has been authorized to act on behalf of the Agency 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
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval
of Agency.
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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
44 6
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
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 indemnitees"),
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 indemnitees 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 indemnitees, or at the Agency's option, reimburse the Agency indemnitees their costs of
defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnitees.
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:
1. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the 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,
I � G 8
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
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.
47 9
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
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
i's 10
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 NUSCELLANEOUS 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 Agency:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: Mark Weiss
Assistant Executive Director
To Contractor:
Pinnacle Design Company
74-020 Alessandro, Suite E
Palm Desert, CA 92260
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.
11
49
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto war -rant 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.
12
stated below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
LA QUINTA REDEVELOPMENT
AGENCY,
Dated: By:
EXECUTIVE DIRECTOR
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
LI-A
Name:
Title:
"AGENCY"
"CONTRACTOR"
'43
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services - Tasks, Subtasks and Defiverables
A. Pre-desi2n meeting and research phase
1. Pinnacle Design Company will coordinate meetings between our team
(Pinnacle Design Company and Nolte Associates) the City Project Manager,
City Staff project master planner and the golf course architect to discuss (2
meetings included in this scope).
a. Design parameters
b. Budget
c. Scheduling
2. This phase will also include research of -
a. Existing topographic and road engineering.
b. Existing hydrology information.
c. Location of existing utilities within the parkways and building sites for
reference.
d. Review of landscape theme and plant material being
designed on Palmer course for coordination.
3. Deliverables: Summary report of our understanding of the project's design
parameters, budget, scheduling and any issues which need to be resolved prior to
commencement of design.
B. Conceptual Desi2n Phase
Preparation of a conceptual design indicating:
a. Proposed plant palette.
b. Overall landscape theme indicating tree locations at 100 scale, with
enlargements of selected areas to indicate detail of shrub and ground cover
design .
c. Multi -use trail layout.
d. Fencing and berming (berming at exterior parkways only).
e. Comer statement at Jefferson and Avenue 52.
f. Comer statement at Jefferson and Avenue 54.
g. Avenue 52 entry with lake design by PACE incorporated into the plan,
14
indicating; planting, enhanced paving, fencing and monumentation.
h. Maintenance facility, indicating planting, pedestrian circulation, fencing
and monumentation.
i. Conceptual grading studies (any deviations from the master plan grading will
be designed as an additional service, after approval of this phase plan).
j . Conceptual estimates of probable construction costs.
2. Meetings with project manager, city staff, Palmer and PACE to discuss the
concept and review suggestions (4 meetings included in this scope).
3. Deliverables: 4 sets of the conceptual design.
C. Preliminary Desien Phase
Incorporation of comments from the conceptual design phase and preparation of a
preliminary design at 100 scale, with selected enlargements as described in the
conceptual design phase, for review by the City Planning staff and -possibly City
Council.
2. Preliminary level grading design.
3. Updated estimate of probable construction cost.
4. Attendance at City review meetings and coordination with other project
consultants as necessary (5 meetings included)
5. Deliverables: I colored set of the preliminary design plotted and mounted on
boards for presentation, 4 sets of bond copies and a CD with the presentation in
JPEG format.
D. Construction Documents (20 scale)
I . Incorporation of comments received in preliminary phase, and preparation of
bid documents, including:
a. Grading and drainage plans ' prepared by a licensed civil engineer. Limited to
berm for exterior parkway.
b. Hardscape plans indicating dimensioning and details for all approved
hardscape elements, such as enhanced paving, multi -use trail, fencing/wall,
monumentation and pedestrian circulation. (civil engineering and sub surface
drainage design for hardscape will be by others).
c. Irrigation plans, indicating points of connection, controllers, valves, mainline
and heads. Irrigation points of connection and controller locations will be
15
53
coordinated with the golf course system, and will utilize the existing
electrical design for the golf course to service the controllers. Includes
processing through CVWD. (Electrical design, if any, by golf course
irrigation designer).
d. Planting plans; indicating plant legend with all plants categorized by common
and botanical names, quantities and sizes, all tree, shrub and ground cover
locations.
e. Accent light fixture specifications and location (circuiting, panel size and
electrical engineering by others).
f. Details as need for construction of the work within our scope.
g. Specifications based on our standard construction specifications with general
and special conditions as coordinated with the City.
h. Final estimate of probable construction cost.
2. Meeting with City staff to review the documents and pick-up plan check
corrections. (I meeting included)
E. Bid Phase
a. Our team will attend one pre -construction meeting and 2 additional meetings.
b. Our team will be available to respond to questions from bidders. (Bid
coordination, including advertisement, pre -qualification of bidder, and
distribution of sets is not included).
F. Construction Phase
Construction phase services are not included in this scope of work.
G. Civil En2ineerinLy Notes
Field Surveys and Mapping
Nolte shall be provided, by the La Quinta Redevelopment Agency, with digital
design, horizontal and vertical control of the street, parkway, property line and
adjacent interior project property along the perimeter of the project for the purposes
of establishing a base of information for to perform civil engineering services below.
No additional surveying is anticipated, however in the event the information to be
provided is not adequate to perform the civil engineering services, Nolte shall notify
r5,
the La Quinta Redevelopment Agency and enter into a separate agreement to provide
the information.
Construction Documents
Nolte shall prepare construction level design documents for the parkway grading and
drainage. It is anticipated that any localized landscape or storm drain run-off will be
handled by connection to onsite project systems. It is assumed that no separate Storm
Water Pollution Prevention Plan will be required for the parkway grading and that the
Silver Rock Ranch project will address the requirements of and the conformance with
the local Regional Water Quality Control Board Requirements. The civil engineer
responsible for the exterior street design is assumed to be providing the basic
hydrology and hydraulics information that will address the street and parkway run-
off.
Nolte shall provide coordination and assistance in the construction document phase,
update the cost estimate to a final design level and prepare the civil engineering
specifications for the project, in conformance with the "Green Book" standard
specifications for Public Works Construction, 2000 Edition as part of the
specification format provided by the landscape architect.
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19
EXHIBIT C
SCHEDULE
Proposal Schedule
Following is our proposed schedule for the design:
A. Pre-desian, Following notice to proceed from the City of La Quinta, we will schedule a
meeting with the project team to discuss design goals and the budget. We suggest this
meeting occur after the February 17 golf course budget meeting. Presume February 23.
Complete pre -design work and prepare summary report: March 8.
B. Conceptual design, Submit to project team and City Staff: April 5, comments back by
April 9.
C. Preliminga design, Submit to project team and City Staff- April 26, comments back by
April 30.
D. Construction Documents, submit to City and CVWD: June 4, comments back by
June 25 submit final set to the City for bidding:
July 2.
"""8 20
GOLF COURSE LANDSCAPE ARCHITECTS
� -�� s. '. 1" — I..
P I N N A
9 1 S 1 6 N wiw ( 0 w P A N T
Work Proposal for
Landscape Architectural Services
For
Silver Rock Ranch, La Quinta, CA
ATTACHMENT 2
SITE OBSERVATION SERVICES
Prepared for the La Quinta Redevelopment Agency
PO Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Mark Weiss
Assistant Executive Director
Prepared by:
Pinnacle Design Co.
74-020 Alessandro, Suite E
Palm Desert, CA 92260
760-340-4529
760-773-5615
Ron(cD,RGA-PD.Com
January'16, 2004
Pinnacle Design Co. j
Silver Rock Ranch
Landscape Architectural Services
984 FIFTH AVENUE — SUITE 509 — S A N Uj E G 0 — CALIFORNIA 92101 - TELEPHONE 619/699-5908 — FAX 619/899-5913
2 1'.
14-020 ALESSANDRO - SUITE E - PALM DESERT — CALIFORNIA 1:2260 — TE11PHON1 760/3'40-4620 — f-AX M/713-5615
GOLf COURSE MOSCAFE ARCHITECTS
P I N N A L
0 S 1 6 H - ( 0 W P A K Y
SITE OBSERVATIOM SERVICES
Pinnacle Design Company is pleased to submit a proposal for landscape
architectural services for Silver Rock Ranch in La Quinta based on the RFP from the
La Quinta Redevelopment agency dated December 18, 2003.
Primary Contact: The primary contact from Pinnacle Design Company will be
Ronald Gregory, 74020 Alessandro Dr., Suite. E Palm Desert, CA,
Phone: 760-568-3624 E-mail: Ron(&-rqa-r)d.com.
Qualifying Statements
We would like to qualify our. proposal as follows:
A. Professional- Services Ag-reement: Section.5.2 of the professional services
agreement states: "The Contractor shall defend . . . " We have been informed
by our professional liability insurance carner (E&O Insurance) that we are
prohibited from signing any agreement in which we agree to defend another
party. Our E&O Insurance will only defend us or our negligent acts, and will
not defend a third party. Furthermore, the insurance carrier has stated that
should we sign such an agreement, our E&O policy would be null and void for
that project, leaving us with no insurance coverage. Therefore, should we be
the successful candidate, we request that the word "defend" be stricken from
paragraph 5.2 of the professional services agreement.
B. Profit and Overhead: Pinnacle Design and its consultant, Nolte Associates
have prepared a fee matrix listing anticipated hours and hourly rates for each
task, as requested. We have employed hourly rates which are standard for
the industry, and each hourly rate has an industry -typical profit margin
incorporated into it.
C. Lighting ' : No lighting design or electrical engineering is included in this
proposal.
D. Street Improvements: No street improvements are included in this
proposal.
E. Utilities: No utility design or coordination, except irrigation, is included in this
proposal.
Pinnacle Design Co. 6 0
Silver Rock Ranch
Landscape Architectural Services
964 11 FTH AVFN U I -- SUITE 509 .., S A 1 0 1 E G 0 - EA1 I F 0 R 11 A 9 2101 - T:E Lf P111:11 F 619/699-5908 - IAX 9 19/ 69 9- 5 913
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Cover letter, Page 2
F. Jeffeirson St. Entry: The Jefferson St. entry design is not included in this
proposal.
following are specific exclu Mons to the
above Scope of Services. Some of these tasks can be provided, based upon
I.,
the Client's needs, however an additional fee will need to be negotiated prior
to performing such additional work.
1 . Surveying and mapping.
2. Right-of-way acquisition services.
31. Design or analysis of improvements beyond the project limits. as defined in
the Request for proposal.
4. Design of street improvements plans, traffic signal plans or utility under
grounding plans. The City or others shall provide all such plans related to
or adjacent to the project to Nolte, for their use.
5. Any task not specifically defined herein.
6. Title or recordation services.
7. Construction staking.
8. Construction administration, management or coordination, other than. as
specifically defined herein.
9. All governmental fees and deposits.
Sub -Consultant: Nolte Associates, Inc. has joined our team as an engineering sub
consultant. Nolte will be responsible for the grading and drainage portion of the
exterior parkway only, and will coordinate any engineering requirements, as well as
interface with the project -wide grading master plan and proposed street
improvement plans.
Pinnacle Design Co.
Ronald Gregory, ASLA
Pinnacle Design Co.
Silver Rock Ranch
Landscape Architectural Services
J
I— GOLF COURSE LANDSCAPE ARCHITECTS
P1 N N A L E
D f S 1 6 H 4w ( 0 W P A H Y
SITE OBSERVATION SERVICES
Pinnacle Design Company and Nolte Associates have prepared designs for
numerous local projects similar to Silver Rock Ranch. A summary of personnel and
projects is listed below, with more detailed information on the following pages.
Pinnacle Design Company Personnel
Ronald Gregory, Partner (see attached resume)
Ken Alperstein, Partner (see attached resume)
William Kortsch, Partner (see attached resume)
Doug Enroth, Principal (see attached resume)
Pinnacle Design Company Experience
The Tradition Club, La Quinta
Landscape design for the entire 400 acre project, including: exterior parkways,
main entry, clubhouse, maintenance facility, the golf course and all common
areas.
The Quarry at La Quinta
Landscape design for the entire 260 acre project, including: exterior parkways,
main entry, clubhouse, maintenance facility, 18 hole golf course, 9 hole short
course and all common areas.
The Bridges at Rancho Santa Fe, CA
A 540 acre golf community near San Diego. Pinnacle designed the landscape
for the entire project, including: exterior parkways with multi -purpose trail, main
entry, secondary entries, maintenance facility, interior parkway's, clubhouse,
swim/fitness center, golf course, vineyard, "The Villas" residences and "Cortile"
residences as well as all common areas.
Pinnacle Design Co.
Silver Rock Ranch
Landscape Architectural Services 62
964 fIFTH AVENUE SUlIE509 SAN DIEGO - CAtIfORNIA 92101 - TELEPHOME 619/699-5908 fAX 619/699-5913
A:
DIVISIONAf EOGECIURSE. INC., A-CAIIFQR:KiA�Cii.n4.A4ttlW,..,'�, Van
14-020 ALESSANDRO SUITE E PALM DESERT CALI[OHNIA 92260 TELEPHONE 760/340-4529 I`AX 760/.773-561511
Statement of Qualifications
Page 2
Pinnacle Design Co. References
Ken Ayers, VVii-n-c—hester Development, phone - (760) 340-3575
Tim Wassil, City of Indian Wells, phone - (760) 776-0237
Richard Oliphant, California Intelligent Communities, phone - (760) 776-9900
Nolte Associates Personnel
Dale Harvey, Project Manager - (see attached resume)
Nolte Associates Experience
See attached description
Pinnacle Design Co.
Silver Rock Rapch-
Landscape Architectural Services
25
GOLF COURSE LANDSCAPE ARCHITECTS P I N N A
DESIGN 40 (OWPANY
RONALD B. GREGORY, A.S.L.A.
vartner
SITE OBSERVATION SERVICES
Education: B.A. Landscape Architecture, 1972 - University of California at
Berkeley
Post Graduate Studies: UCLA Extension:
• CAD Design
• Southern California Island Biology
• Japanese Garden Architecture
Harvard Graduate School of Design:
0 Golf Course Design
Registration: Registered Landscape Architect:
• California #1532
• Nevada #94
• Arizona #13754
• Utah #5024299-5301
Professional Affiliations:
0 American Society of Landscape Architects, Vice President, So. Calif. Chapter
0 American Institute of Architects, San Diego Chapter, Professional Affiliate
e American Institute of Architects, California Desert Chapter, Professional Affiliate
64
964 FIFTH AVENUE - SUITE 509 - S A N 0 11 G 0 - �ALII[ 0 RNIA 92101 TELEPHONE 619/699-5908 - FAX 619/699-5913
All YwOrml 04.1-t-M
14-020 ALESSANDRO - SUITE E PALM OESERT - CAlIfURNIA 02260 TELEPHONE 760/340-4529 [AX 760,1'773-5i]5�
GOlf COURSE LANDSCAPE ARCHITECTS
KEN ALPERSTEIN, A.S.L.A.
P I N N A L
DESIGN ow COWPANY
SITE 9 OSERVATI 01 SERVICES
Education: University of Arizona and UCLA - 1982 - 1987
Registration: Registered Landscape Architect, California No. 4431
Pinnacle Design - 1996 - Present
Specializing in golf course communities
Cook & Solis Construction - 1994 - 1996
Golf course landscape architecture and waterfeature design
Ronald Gregory Associates 1989 - 1994
Resort/Residential/ Golf Course/ Commercial Landscape Architecture
• The L.A. Group - 1988 - 1989
Large-scale residential projects
• Robert Herric Carter - 1985 - 1988
Commercial/ Downtown high-rises/ Business parks/ Collage campuses
Residential
65
964 f I FTH AVENU I SUITE 509 - S A N 9 1 E G 0 - CALIFORNIA 92101 TELEPHONE- 619/699-6908 - f AX 619/ 699-5913
1 7
06MON-010"'O.", 1*0 ) f 4M.1, 0,
74420 ALESSANDRO - SUITE E - PAIM DESERT - CALIFORNIA 92260 - TELEPHONE 7601340-4520, - [AX 7 6:0]JI3,56.15
GOLF COURSE LANOSCAPE ARCHITECTS
P I N N A ( L
DES Ifim -Awo CONPA MY
WILLIAM J. KORTSCH, A.I.A., C.D.S.
Position: Partner
SITE OBSERVATION SERVICES
Education: University of Notre Dame, Notre Dame, Indiana; Bachelor of Architecture,
1977
Architectural Licenses:
California License #C13013
Wisconsin License #A4922
Professional Affiliations:
American Society of Landscape Architects, Affiliate Member
American Institute of Architects, San Diego Chapter, Corporate Member
American Institute of Architects, California Desert Chapter, Past Director, Past.
Treasurer
Professional Experience:
Pinnacle Design Company, 1996 - Present
William J. Kortsch, A.I.A., Architect; San Diego, CA 1980 - Present
RGA Landscape Architects, Inc.., Palm Desert & San Diego, CA.; V.P.; 1984 -
1996
Urrutia Architects, Palm Desert, CA. Financial Manager/Project Architect; 1982 -
1984
Wexler/Urrutia Architects, Rancho Mirage, CA. Project Architect; 1980 - 1982
Flad and Associates, Milwaukee, Wl. Project Manager; 1977 — 1980
AM
964 FIFTH AVENUE -- SUITE 509 - S A N 0 1 E G 0 - CA I I F 0 R N I A 9 210 1 TELEPHONE 619/699-5908 FAX 619/699-5913
A, 8 1 V4910,11F A GEE I I 114-1i, I It% AIMEM-1*4410401W, 1%. 00 '1 'sw
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GULF COURSE LANOSCAPE ARCHITECTS P I N N A L E
DESIGN — cowpilly
Proiect Understanding and Approach
ope
SITE OBSERVATION SERVICES
Our understanding of the project includes landscape architectural design
services for the following areas of Silver Rock Ranch:
Exterior Parkways along Avenue 52, Jefferson and Avenue 54 including a
multi -purpose trail, and the perimeter berm.
Avenue 52 Ent[y.area and entry drive to the temporary clubhouse,
including coordination with the water feature designer, and design of
hardscape amenities such as enhanced paving, monument signs
(graphics by others), walls, fences and gates and pedestrian circulation.
Temoorary Clubhouse area, including hardscape amenities such as
enhanced paving, pedestrian walkways, patios, fencing. (parking lot and
golf cart staging area design by others).
Maintenance Building area, including hardscape amenities such as
pedestrian circulation, fencing, gates, walls (parking lot and vehicular
circulation design by others).
B. Services
Our team will provide design services for the above described areas,
including:
Hardscape design as described above.
Grading and drainage design for the berm and exterior parkways within
ourscope.
0 Irrigation design and processing through CVWD.
0 Planting design.
0 Cost estimates, details and special provisions for bid documents.
0 Specifications.
Pinnacle Design do.
Silver Rock Ranch 67
Landscape Architectural Services
964JIFTH AVENUE SUITE 509 - S A N 0 1 E G 0 - CALIFORNIA 92101 - TREPHONE 519/699-5908 - FAX 619/699-5913
V AIM #4TW6.*P-J -'w 9
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4
GULF COURSE LAROSCAFE ARCHITECTS
P1 N,NA( I[
DES16H ww COW P A N Y
DOUG ENROTH
Position: Principal
Education: Arizona State University, BA 1993
Pinnacle Design - 1996 - Present
Specializing in golf course communities
PGA Professional - 1993 - 1996
Pat Nash & Associates - 1992- 1993
Residential Landscape Architect
SITE ORSERVATIO1 SERVICES
W110
964 FIFTH AVENUE SUITE 509 S A N 0 1 E G 0 CALIFORNIA 92101 - TEIEPHO RE 619/ 699-5908 FAX 619/690-5913
0 wal* 'A
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4
I
Project Understanding, Page 2
a Bid phase assistance/response to questions.
Note: It is understood that bid coordination, pre -qualification of
contractors and bid analysis will be by others.
Construction phase services, such as site observations, response to RFI's
and meetings are not included, and will be provided by separate agreement.
C. Process
Our team will have a collaborative approach to the design of this project. We
believe it will be essential to discuss the project design goals, budget and
scheduling with the Redevelopment Agency in advance of any design work.
We also believe that it is essential to coordinate this design with the existing
project consultants such as the project master planner, golf course architect,
and project civil engineer as well as with City Planning staff.
Our design team will discuss the specific review process to be implemented
with the City; but we anticipate the process to be as described in the next
section, "Scope of Services".
We understand that this is a public project subject to the design standards
and costs included with these types of projects and will make every effort to
budget accordingly.
Pinnacle Design Co.
Silver Rock Ranch 9
Landscape Archtectural Services
31
GOLF COO R SE LANDSCAPE Afl CHI TECTS
INTRODUCTION
P1 N N A L
DESIGN - COWFAMY
DESCRIPTION OF SERVICES
SITE OISERVATION SERVICES
Pinnacle Design Company is a unique landscape architectural firm specializing in golf course
landscape design and field services. While landscape architectural firms have traditionally
emphasized design with limited observation services, only Pinnacle provides full time, hands on
field service.
In golf course development, the design concept indicated on the drawings
through many changes before a finished product is achieved in the field. Well
golf course development, our talented staff will ensure that all elements of the
complement the playability of the golf course.
PHILOSOPHY
generally goes
experiencedin
landscape will
OurPhilosophy is to offer a design which will blend the natural surrounding of the project site
with the shaping of the golf course: We will accent the topography where necessary, provide
errant ball.protection where needed, locate screening material to block undesirable views, and
create framing along the edges of the golf hole.
DESIGN
In the design phase, we work closely with your golf course architect and other consultants prior
to creating customized plans, a plant palette, and construction details to meet the project's
specific requirements.
When the design phase is complete, we offer intensive installation observation services
ensuring that all aspects of the landscape amenities package complement the golf course
layout. Installation observation includes: locating limits of turf/landscape beds, spotting all trees
and shrubs and providing all aesthetic direction of water feature installation.
SERVICES
Landscape Design
• Permitting Process
• Water Feature Design
• Irrigation Design
• Details and Specifications
• Cost Estimates
Bid Review/contractor selection
Installation Observation
Complete landscape design: Clubhouses,, Project Entries & Common Areas
70
964 [IfTH AVENUE - SUITE 509 - S A N 0 11 G 0 - CALIFORNIA 92101 - TELEPHONE 619/699-5908 FAX 619/699-5913
74-920 AL[SSANDRO -- SUITE, E -'.PA,LM DESERT - CALIF &FINIA'92269 - TELEPHONE, 70013'40-4529 FAX 710/773-5615�
Nolte Associates,, Inc.
Established in 1949, Nolte has been in
business for 54 years. We began as a single -
person surveying fium and have grown to a
professional service firm of engineers,
planners, and surveyors. Firm wide, we offer
.380 professionals and support staff in 15
offices *in the western United States and
Me-dco. This pool of talent is both broad and
deep —and combined with our leading edge
technological platforms, we are able to
mobilize staff to meet clients' needs almost
instantly. We are committed to quality and
believe that commitment is one reason
why over 80% of our work comes from
repeat clients.
With a combined staff of more than 90
engineers, surveyors and support personnel in
our Palm. Desert, Corona, San Diego, and El
Nolte has earned a reputation for excellence
Centro offices, we are capable of providing
from a long list of clients ranging from counties
high -quality services throughout the Southern
and cities, developers and architects, federal
California area.
agencies, hospitals, to financial and educational
institutions. We are part of the community and
Some of the services we commonly provide to
have a responsibility to seek sustainable
our clients include:
solutions in our work- We strive to make things
better. This commitment is reflected in every
E Land Planning
job we do and why we go... Beyond
0 Site Civil Engineering
Engineering.
8 Traffic and Transportation Engineering
We will be serving you from our Palm. Desert
S Structural Engineering
office located at
E Surveying, Staking and Mapping
74020 Alessandro, Suite F
a Project Management
Pahn Desert, CA 92260
@ Construction Management
760/346-9282
WWW.NOLTE.COM
M Flood Control and Drainage
Waterand Wastewater Engineering
NPDES Services
From the top leadership on down, Nolte is
committed to sustainable development and
changing the practice to reflect the
importance of sustainability. Nolte
Associates is a member of the U.S. Green
Building Council and is committed to assisting
in LEED certification for key projects and
accreditation for our professionals. (LE ED is
Leadership in Energy and Environmental
Design).
7.1
33
R. Dale Harvey Jr., PLS
Managing Director
Education\
Certifications BA Industrial Arts - San Diego State University (1977)
Registrations Professional Land Surveyor - CA #5292
Experience
Dale is -the
-managing director -of -ourinland-Empke-j(�He-has-oirer 25-yem-of-land-use- 'ningi civil
engineering, and surveying experience and has been responsible for the planning and site design of numerous
premier master plan communities for residential and commercial/industrial projects. In addition, he has been
involved in major public development and public works projects. His extensive executive and project
management experience demonstrates his broad knowledge of the civil engineering business.
MAJOR PROJECT EXPERIENCE
Private Land Development
Desert Trace: Project Manager in charge of providing final engineering and construction staking of the site
and the design of perimeter streets including coordination of perimeter landscaping along 20-foot wide
landscape buffers — Indio, California
Indian Springs Golf Course: Principal -in -Charge of the concept planning to develop the existing Indian
Springs Golf Course in Coachella Valley. The project involved consideration for realigm-nent of a portion of
the existing course, routing studies for new holes, analysis of density of development, infrastructure costs, and
overall evaluation of entitlement on this 238-acre site - Indio/La Quinta, California
Canyon Heights: Project Manager in charge of providing ongoing entitlement consultation and final
engineering services for the onsite design and for the extensive offsite infrastructure components. Canyon
Heights is a master planned community in southwestern Riverside County. The Canyon Heights
development includes 425 single-family residential lots designed to offer a variety of architectural product
types with 7,200 square -foot minimum lot sizes. — Riverside County, California
McCanna Ranch: Principal -in -Charge of a one of the largest master planned developments in the City of'
Perris, California in recent years. This 1200-unit planned community provided major infrastructure
improvements to Ramona Expressway and involved the creation of a private water district Services involved
a boundary survey and aerial survey and the design of the final engineering plans for the project - Penis,
California
La Jolla Colony: Project manager in charge of design, processing, and construction of a 3,500-unit
development on 225 acres, involving single and multifamily units, commercial development, and Caltrans
improvements - San Diego, California
Northvievr Project director in charge of substantial conformance approval, topographic surveys, precise
grading plans, and construction staking for a 152-unit single-family home project - Oceanside, California
Aviara Development Project manager and projecr director for Phase I Area of the 2,800-unit master
planned community and golf course on 1,400 acres. In charge of surveying, land planning, preliminary
engineering, tentative map processing with the City of Carlsbad, Coastal Commission, and State Lands
Commission for the Phase I Improvements and Assessment District - Carlsbad, California
Pomerado Business Park: Project director in charge of the design, processing, and construction for a 600-
acre master planned industrial/business park., involving over 12 million vards of gradin - Poway, California
1 9
Sonata: Principal -in -Charge of substantial conformance approval, boundary and topographic surveys,
en peering design, NPDESapproval, and construction staking of this 11 1-uruit single family home project -
6E
Carlsbad, California
Campton: Principal -in -Charge of construction staking for this 106-unit single-family home subdivision in the
Scripps Ranch area of San Diego. Provided in -field design modifications, plot plan exhibits, NPDES
approval, construction staking, and coordination/processing with the City for retaining walls, encroachment
72
34
removal agreements and as-builts - San Diego, California
Poway Estates: Principal -in -Charge of construction staking for this 50-lot single-family home project. In
completing this project in 1994, a variety of services were used which included field surveying, office mapping
for lot line adjustments and Records of Survey, NPDES approval and engineering of special drainage, and
walls to compliment the site's unusual characteristics - Poway, California
Lawrence Canyon: Principal -in -Charge of coordination, negotiation, public testimony, and resolution of a
multi-agency/private property conflict over the construction of Highway 76 and environmental concerns.
Offered Caltrans an alternative property of offsite mitigation for the Highway resulting in acceptance by the
City of Oceanside, the California Transportation Commission, the U.S. Fish and Wildlife Service, and the
property owners - Oceanside, California ---- ---
Knightsbridge: Pnincipal-in-Charge of re -engineering and construction of a 60-lot semi -custom home
project. Responsibilities included onsite re -design, offisite road and utility improvements in a fairly rural
setting - Encinitas, California
Assisted Living: Principal -in -Charge of planning, design and construction of four assisted living care
facilities for two national companies. Work *included site planning, entitlement processing, design, and
construction surveys. - San Diego/Carlsbad/ Oceanside/Mission Viejo, California
La Mirage: Principal -in -Charge of the planning, design, and construction of this 1,100 unit
apartment/condominium development above Mission Valley. This premier project involved phased design
for upscale apartment/condos and included topographic surveys, ALTA Surveys, design and construction
staking - San Diego, California
Public Land Development
CSU San Marcos: Project director in charge of all campus consulting engineer assignments, design, and
construction of the $10 million Infrastructure Phase H and engineering support for the $37 million Academic
Phase II projects for the first new university built in the United States in over 25 years - San Marcos,
California
San Diego State University- Principal -in -Charge of an approximate 500-acre survey of the Mt. Fortuna
property owned by the University. This project involved research and boundary reconnaissance; coordination
with the title company and several public entities including the U.S. government (NAS Miramar and Army
Corps of Engineers), Caltrans (State Highway 52), County of San Diego and the City of San Diego surveying
departments; analysis of deed and field data; setting of exterior boundary monuments, and the filing of a
Record of Survey. - San Diego, California
California Maritime Academy: Principal -in -Charge of boundary survey for the campus and preparation of
a Record of Survey and property acquisition with Caltrans - Vallejo, California
CSU Northridge: Principal -in -Charge of the 65-acre North Campus Development project and responsible
for establishing horizontal and vertical control, preparation. of an updated topographic map, ALTA survey,
and monumentation of the property - Northridge, C�brnia
CSU Fullerton: Appointed in 1997 as campus s . urveyor-for the university. Responsibilities included site
design and surveying, GIS management of onsite projects, civil engineering management of CADD system,
and principal management of campus expansion projects as directed by campus planning and construction
staff - Fullerton, California
San Diego Convention Center Expansion: Professional land surveyor in charge of the multi -million dollar
expansion of the Convention Center in downtown - San Diego, California
Center City Development Corp: Project director in charge of surveying and construction oversight for
various project sites. These projects involved infrastructure and road improvements in the downtown
redevelopment area, including Horton Plaza and Omni Hotel - San Diego, California
73
35
Past expezience is the key indicator of future
success. At Nolte, we go out of our way to meet
the increasingly complex needs of projects. We are
committed to quality and believe that commitment
is one reason why more than 80% of our work
comes from repeat clients ---an obvious indicator of
client satisfaction. The following project
descriptions demonstrate our experience on similar
projects in the Palm Desertarea.
Desert Trace
Location:
Chent.
Indio, CA
Ashbrook Communities
Desert Trace is a gated 490-lot single-family
residential project on 160 acres in the City of Indio.
Nolte's involvement on the project began after
approval of the Tentative Map (17M 30643) and the
Project Master Plan. The project involves the final
engineering and construction staking of the site and
the design of perimeter streets including
coordination of perimeter landscaping along 20-foot
wide landscape buffers.
In addition to this specific work, Nolte is also
preparing onsite grading, improvement and utility
plans, and final maps for the project. Processing
and coordination will be with the City of Indio,
Valley'Sanitation District, and Coachelli Valley
Water District for Bureau of Reclamation water line
abandonment.
Stone Creek Ranch
Location: La Quinta, CA
CHent. Madison Estates, LLC
Nolte provided
final engineering
and surveying
services for the
Stone Creek
Ranch, a 30-acre,
76-lot residential
site in Riverside
Countv. The
avera
ge lot size is
10,000 square -feet
and the houses will be around 3,000 square -feet.
Nolte services include site development of the 7/ 6
lots plus the offsite extension of the sewer system to
an existing pump station east of the property and of
a water main to an existing offsite water main.
Additionally� Nolte prepared a hydrology/hydraulic
studv in conjunction with a refined drainage design.
The drainage design included retention areas such as
ponding,waterfalls, pathing, and arbors.
City of Coachella 30-Acr6
Subdivision Tentative Tract Map
Location: Coachella, CA
Client- Desert Alliance for Community
Empowerment (DACE)
Nolte provided plannin& civil engineering, and
surveying services to DACE, a local affordable
housing builder in the Coachella Valley area, for
the development of 120 single family lots in the
City of Coachella. Our Plannina work involved a
zone change from R-PUD to R-S and the
preparation of a Tentative Tract Map. Nolte
provided boundary and aerial topographic survey
services to su I pport the initial design effort. Final
engineering 'included the design of 1,500 feet of
offsite sanitary sewer and very detailed
coordination with the onsite water design in order
to avoid conflicts with water and sewer crossings
within the subdivision. Drainage can be an issue
with project designs in the desert area.
Ile project provided onsite facilities for detention
of storm water which is combined with the in -
tract pocket park systern. In order to meet this
design standard, six residential lots were lost in the
design process; however, the project was found
not to have a significant effect on the
environment because of these and other
mitigation measures. This resulted in project
approval under a mitigated Negative Declaration.
74
NkaM
BEYOND ENGINEERING
I
GOLF COURSE LANDSCAPE ARCHITECTS
P I N N A L
DESIGN - COMPANY
SITE OBSERVATION SERVICES
1. Scope of Services - Tasks, Subtasks and Deliverables
A. Pre-desicin meetina and research phase
1. Pinnacle Design Company will coordinate meetings between
our team (Pinnacle Design Company and Nolte Associates)
the City Project Manager, City Staff project master planner
and the golf course architect to discuss (2 meetings included
in this scope).
a. Design parameters
b. Budget
c. Scheduling
2. This phase will also include research of:
a. Existing topographic and road engineering.
b. Existing hydrology information.
c. Location of existing utilities within the parkways and
building sites for reference.
d. Review of landscape theme and plant material being
designed on Palmer course for coordination.
3. Deliverables: Summary report of our understanding of the
project's design parameters, budget, scheduling and any issues
which need to be resolved prior to commencement of design.
B. Conceptual Design Phase
1. Preparation of a conceptual design indicating:
a. Proposed plant palette.
b. Overall landscape theme indicating tree locations at 100
scale, with enlargements of selected areas to indicate detail
of shrub and ground cover design
c. Multi -use trail layout.
d. Fencing and berming (berming at exterior parkways only).
e. Corner statement at Jefferson and Avenue 52.
Pinnacle Design Co.
Silver Rock Ranch 75
Landscape Archftectural Services
964 FIFTH AVENUE SUITE 509 - S A N 0 1 E G 0 - CAII[OHNIA, 92101 TELEPHONE 619/699-5908 - FAX 619/699-591 3
awnwo.b, [H 1111111 S E, I I C., k C At I f 0 DIV C 8011ATA1,111 IV. C A. L IV14RV "AVLla mmor
7 4` 9 2 U ALESSANDRO S`UITE E - PALM DESERT - CALIF 91111192280 TELEPHONE 7601340-4529 FAX 780/173-561 V
I' Scope of Services, Page 2
f. Corner statement at Jefferson and Avenue 54.
g. Avenue 52 entry with lake design by PACE incorporated into
the plan, indicating; planting, enhanced -paving, fencing -and
monumentation.
h. Maintenance facility, indicating planting, pedestrian
circulation, fencing and monumentation.
i. Conceptual grading studies (any deviations from the master
plan grading will be designed as an additional service, after
approval of this phase plan).
j. Conceptual estimates of probable construction costs.
2. Meetings with project manager, city staff, Palmer and PACE to
discuss the concept and review suggestions (4 meetings
included in this scope).
3. Deliverables: 4 sets of the -conceptual design.
C. Preliminary J:)esiq-n Phase
1. Incorporation of comments from the conceptual design phase
and preparation of a preliminary design at 100 scale, with
selected enlargements as described in the conceptual design
phase, for review by the City Planning staff, Planning
Commission and City Council.
2. Preliminary level grading design.
3. Updated estimate of probable construction cost.
4. Attendance at City review meetings and coordination with other
project consultants as necessary (5 meetings included)
5. Deliverables: 1 colored set of the preliminary design plotted and
mounted on boards for presentation, 4 sets of bond copies and
a CD with the presentation in JPEG format.
D. Construction Documents (20 scale)
1. Incorporation of comments received in preliminary phase, and
preparation of bid documents, including:
Pinnacle Design Co.
Silver Rock Ranch 76
Landscape Architectural Services
-38
Scope of Services, Page 3
a. Grading and drainage plans prepared by a licensed civil
engineer. Limited to berm for exterior parkway.
b. Hardscape plans indicating dimensioning and details for all
approved hardscape elements, such as enhanced paving,
multi -use trail, fencing/wall, monumentation and pedestrian
circulation. (civil engineering and sub surface drainage
design for hardscape will be by others).
c. Irrigation plans, indicating points of connection, controllers,
valves, mainline and heads. Irrigation points of connection
and controller locations will be coordinated with the golf
course system, and Will utilize the existing electrical design
for the golf course to service the controllers. Includes
processing through CVVVD. (Electrical design, if any, by golf
course irrigation designer).
d. Planting plans; indicating plant legend with all plants
categorized by common and botanical names, quantities and
sizes, all tree, shrub and ground cover locations.
6 e. Details as need for construction of the work within our scope.
f. Specifications based on our standard construction
specifications with general and special conditions as
coordinated with the City.
g. Final estimate of probable construction cost.
2. Meeting with City staff to review the documents and pick-up
plan check corrections. (I meeting included)
E. Bid Phase
a. Our team will attend one pre -construction meeting and 2
additional meetings.
b. Our team will be available to respond to questions from
bidders. (Bid coordination, including advertisement, pre -
qualification of bidder, and distribution of sets is not
included).
Pinnacle Design Co.
Silver Rock Ranch
Landscape Architectural Services 7 7f
39
Scope of Services, Page 4
F. Construction Phase
Construction phase services are not included in this scope of work.
G. Civil Eng-ineering Notes
Field Surveys and Mapping
Nolte shall be provided, by the La Quinta Redevelopment Agency,
with digital design, horizontal and vertical control of the street,
parkway, property line and adjacent interior project property along
the perimeter of the project for the purposes of establishing a base
of information for to perform civil engineering services below. No
additional surveying is anticipated, however in the event the
information to be provided is not adequate to perform the civil
engineering services, Nolte shall notify the La Quinta
Redevelopment Agency and enter into a separate agreement to
provide the information.
Construction Documents
Nolte shall prepare construction level design documents for the
parkway grading and drainage. It is anticipated that any localized
landscape or storm drain run-off will be handled by connection to
onsite project systems. It is assumed that no separate Storm
Water Pollution Prevention Plan will be required for the parkway
grading and that the Silver Rock Ranch project will address the
requirements of and the conformance with the local Regional Water
Quality Control Board Requirements. The civil engineer
responsible for the exterior street design is assumed to be
providing the basic hydrology and hydraulics information that will
address the street and parkway run-off.
Nolte shall provide coordination and assistance in the construction
document phase, update the cost estimate to a final design level
and prepare the civil engineering specifications for the project, in
conformance with the "Green Book" standard specifications for
Public Works Construction, 2000 Edition as part of the specification
format provided by the landscape architect.
Pinnacle Design Co. 78
Silver Rock Ranch
Landscape Archftectural Services
�, r8i
Scope of Services, Page 5
Current Workload
Pinnacle Design is currently working on several golf related projects,
including the Palmer Golf Course at Silver Rock Ranch, However, we will
have the resources available to provide the coordination and attention to
detail that this project will require. This project will be incorporated into
our schedule so that we can commence the scope of work described
herein within one week of the notice to proceed.
Pinnacle Design Co.
Silver Rock Ranch
Landscape Architectural Services 79
41
OF
COUNCIL/RDA MEETING DATE: February 17, 2004
ITEM TITLE: Approval of a Professional Services
Agreement with Overland, Pacific & Cutler to Prepare a
Relocation Plan and Provide Relocation Assistance to
Facilitate the Redevelopment of the Vista Dunes Mobile
Home Park
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR: --7-
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement with Overland, Pacific & Cutler, Inc.
(Attachment 1) to prepare a relocation plan and provide relocations assistance related
to the redevelopment of the Vista Dunes Mobile Home Park and authorize the
Executive Director to execute the required documents.
FISCAL IMPLICATIONS:
This Agreement will result in the expenditure of up to $287,500 for these services.
The Agency appropriated funds for these services on December 2, 2003 in the Project
No. 2 Housing account #401-1737-551.32-10 which has a budget of $852,000
BACKGROUND AND OVERVIEW:
On December 2, 2003 the Agency Board approved a Purchase and Sale Agreement to
acquire the Vista Dunes Mobile Home Park in La Quinta Redevelopment Project Area
No. 2. As part of that action, the Agency Board also directed staff to negotiate a
contract with Overland, Pacific & Cutler to prepare a relocation plan and provide
relocation services. The Mobile Home Park is occupied by 92 coaches that must be
relocated to accommodate site redevelopment activities.
Agency staff initiated negotiations with Overland, Pacific & Cutler that generated the
attached Agreement. It provides that Overland, Cutler & Pacific will prepare a
relocation plan that entails interviewing each household and determining their housing
needs; identifying relocation opportunities and sites that address each household's
specific needs; and estimating the relocation assistance each household will require,
satisfying the mandates of State Relocation Law. Once the relocation plan is
completed, it will then be submitted to the State and the community
for a 30-day review and comment period. The Plan will then come before the Agency
Board for final consideration and approval. 8
80
The second component of Overland, Pacific and Cutler's services will entail assisting
each Park tenant with their relocation needs. This will include finding relocation sites
that suit their particular needs, retaining moving services (if needed), insuring that the
tenant's new location is a safe and sanitary dwelling that meets the family's needs,
processing relocation claims and payments, and resolving disputes as they may arise.
Exhibit A, to this report, presents the Agreement and includes the Letter Proposal
(Exhibit "A" — Scope of Services) that details Overland, Pacific & Cutler's services,
qualifications and fee schedule. After reviewing their recommended services, the
firm's qualifications and their fee proposal, staff recommends that the Agency Board
approve the attached Agreement and authorize the Executive Director to execute the
required documents.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
Approve a Professional Services Agreement with Overland, Pacific & Cutler, Inc.
to prepare a relocation plan and provide relocations assistance related to the
redevelopment of the Vista Dunes Mobile Home Park and authorize the
Executive Director to execute the required documents; or
2. Do not approve a Professional Services Agreement with Overland, Pacific &
Cutler, Inc. to prepare a relocation plan and provide relocations assistance
related to the redevelopment of the Vista Dunes Mobile Home and do not
authorize the Executive Director to execute the required documents; or
3. Provide staff with alternative direction.
Respectfully submitted,
Oscar Orci, Interim
Community Development Director
Approved for submission. by, -
Thomas P. Genovese, Executive Director
Attachment: 1 Professional Services Agreement with Overland, Pacific &
Cutler, Inc. 02
91
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made
and entered into by and between the LA QUINTA REDEVELOPMENT AGENCY, (the
"Agency"), a California public corporation, and OVERLAND, PACIFIC AND CUTLER,
INC. (the "Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
a). 1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services related to assistance with
preparing a relocation plan and providing relocation assistance to facilitate the
redevelopment of the Vista Dunes Mobile Home Park, as specified in the "Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by this reference
(the "Services"). Contractor agrees that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
1.b) Contractor's Proposal. The Scope of Services includes the
Contractor's proposal and bid, if any, which shall be incorporated herein by this
reference as though fully set forth herein. In the event of any inconsistency
between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.c) Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, regulations
and laws of the City of La Quinta and any Federal, State or local governmental
agency of competent jurisdiction.
14 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
�1931
G: %bsawyer\WPDO C S\Contracts\Ove rl and Relocation Cont.doc 3
those inherent in the work, or as represented by the Agency, it shall immediately
inform the 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, papers and other components thereof to prevent losses or
damages, and shall be responsible for all such damages, to persons or property,
until acceptance of the work by the Agency, except such losses or damages as
may be caused by the Agency's own negligence. The performance of services by
Contractor shall not relieve Contractor from any obligation to correct any
incomplete, inaccurate or detective 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 to do so by the Contract
Officer, provided that Contractor shall not be required to perform any additional
services without compensation. Any addition in compensation not exceeding ten
percent (10%) of the Contract Sum may be approved by the Contract Officer. Any
greater increase must be approved by the Agency Board of Directors.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in the "Special
Requirements" attached hereto as Exhibit "B" and incorporated herein by this
reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
2.0 COMPENSATION.
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
the Contractor shall be compensated in accordance with the "Fee Proposal"
presented in the Scope of Services as presented in Exhibit "A" and incorporated
herein by this reference, but not exceeding the maximum contract amount of Two -
Hundred Eighty -Seven Thousand Five Hundred Dollars ($287,500) (the "Contract
Sum"), except as provided in Section 1.7. The method of compensation set forth
may include a lump sum payment upon completion, payment in accordance with
the percentage of completion of the services, payment for time and materials based
upon the Contractor's rates as specified in Exhibit "A", but not exceeding the
Contract Sum, or such other methods as may be specified in the Fee Proposal
presented in Exhibit "A".
83
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 4
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 time period established in
the "Schedule of Performance" attached hereto as Exhibit "C" and incorporated
herein by this reference. Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of
Performance (Exhibit "C") 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 the Agency, 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 the services for the period of the forced delay when and if in his
judgment such delay is justified, and the Contracting Officer's determination shall
be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion
of the services, except as otherwise provided in the Schedule of Performance
(Exhibit "C").
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. Barry R. Mc Daniel, Chief Executive Officer
b. Kathy Woolley, Senior Project Manager
It is expressly understood that the experience, knowledge, capability and
reputation of Barry R. Mc Daniels and Kathy Woolley were a substantial
inducement for the Agency to enter into his Agreement. Therefore, they shall be
responsible during the term of this Agreement for directing all activities of
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G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 5
Contractor and devoting sufficient time to personally supervise the services
hereunder. They 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 the Agency.
4.2 Contract Officer. The Contract Officer shall be the Community
Development Director or such other person as may be designated by the Executive
Director of the Agency. 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 the
Agency to the Contract Officer. Unless otherwise specified herein, any approval of
the 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 the 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 may be assigned or transferred, voluntarily or by operation of law,
without the prior written approval of the Agency.
4.4 Independent Contractor. Neither the Contractor nor any of its
employees shall have any control over the manner, mode or means by which the
Contractor, its agents or employees, perform the services required herein, except
as otherwise set forth. The Contractor shall perform all services required herein as
an independent Contractor of the Agency and shall remain at all times as to the
Agency a wholly independent Contractor with only such obligations as are
consistent with that role. The 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 the
Agency or the City of La Quinta.
4.5 Agency Cooperation. The Agency shall provide the 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. The Agency shall additionally provide the Contractor assistance and
shall take prompt and appropriate action when it will assist in ensuring and timely
performance by the Contractor hereunder.
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 this Agreement, public liability and
property damage insurance against all claims for injuries against persons or
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G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 6
damages to property resulting from Contractor's negligent acts or omissions rising
out of or related to the 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 the Contractor's performance
hereunder and neither the Agency, the City of La Quinta 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
Less than $50,000
$50,000 - $300,000
Over $300,000
Coverage (personal injury/ property damage)
$100,000 per individual; $300,000 per occurrence
$250,000 per individual; $500,000 per occurrence
$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 the 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 the 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 additional insured shall be delivered to and approved by the Agency
prior to commencement of the services hereunder.
The 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 of One Million Dollars ($1,000,000).
All insurance required by this 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 the Agency. The procuring of such insurance or
the delivery of policies or certificates evidencing the same shall not be construed as
a limitation of the Contractor's obligation to indemnify the Agency, its officers,
employees, Contractor's, subcontractors or agents.
G:\bsawyer\WPDO C S\Co ntracts\Ove rl and Relocation Cont.doc 7 ?6
5.2 Indemnification. The Contractor shall defend, indemnify and hold
harmless the Agency, the City of La Quinta, its officers, officials, employees,
representatives and agents, Agency and City 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) and for negligent
errors and omissions committed by the Contractor, its officers, anyone 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 the Contractor's negligent 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 or City indemnities are made a part to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims, the
Contractor shall provide a defense to the Agency and City indemnities, or at the
Agency or City's option, reimburse the Agency or City indemnities their costs of
defense, including reasonable attorney's fees, incurred in defense of such claim. In
addition, the Contractor shall be obligated to promptly pay any final judgment, or
portion thereof, rendered against the Agency or City indemnities.
5.3 Remedies. In addition to any other remedies the Agency may have if
the Contractor fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, the Agency may,
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 payment(s) which become due to the Contractor hereunder until the
Contractor demonstrates compliance with the requirements hereof.
C. Terminate this Agreement. 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 the 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 the Contractor may be held responsible
for payments of damages to persons or property resulting from the Contractor's or
its subcontractors' performance of work under this Agreement.
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 8
6.0 RECORDS AND REPORTS.
6.1 Reports. The 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. The 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 the Contractor, its employees, subcontractors and
agents in the performance of this Agreement, shall be the property of the Agency
and shall be delivered to the Agency upon the termination of this Agreement or
upon the earlier request of the Contract Officer, and the Contractor shall have no
claim for further employment or additional compensation as a result of the exercise
by the Agency of its full rights of ownership of the documents and materials
hereunder. The Contractor may retain copies of such documents for its own use.
The Contractor shall have an unrestricted right to use the concepts embodied
herein. The Contractor shall cause all subcontractors to assign to the Agency any
documents or materials prepared by them, and in the event the Contractor fails to
secure such assignment, the Contractor shall indemnify the Agency for all damages
suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by the 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. The Contractor shall
not disclose to any other private entity or person any information regarding the
activities of the 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 appropriate court
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G:\bsawyer\WPDOCS\Contracts\Overland Relocation Cont.doc 9
in such county, and the 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 therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, the 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 this
Agreement for cause and to any legal action, and such compliance shall not be a
waiver of any party's right to take legal action in the event that the dispute is not
cured, provided that nothing herein shall limit the Agency's right.to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. The Agency may withhold from any monies
payable to Contractor sufficient funds to compensate the Agency for any losses,
costs, liabilities or damages it reasonably believes were suffered by the Agency due
to the default of Contractor in the performance of the services required by this
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. The Agency's consent or approval of any act by the
Contractor requiring the Agency's consent or approval shall not be deemed to
waive or render unnecessary the Agency's consent to or approval of any
subsequent act of the 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
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 10
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 the Contractor. Upon receipt of any notice of termination, the Contractor
shall immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. The 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 "C") 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 obligations under this Agreement, the Agency
may, after compliance with the provisions 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 the Agency
may withhold any payments to the Contractor for the purpose of setoff or partial
payment of the amounts owed 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 connection with this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees and costs of suit from the
losing party.
8.0 AGENCY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION.
8.1 Non -liability of Agency 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 or for
any amount which may become due to the Contractor or to its successor, or for
breach of any obligation of the terms of this 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
9.11
G:\bsawyer\WPDOCS\Contracts\Overland Relocation Cont.doc 11
or give any third party any money or other consideration for obtaining this
Agreement.
8.3 Covenants against Discrimination. The 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 this Agreement.
The Co'ntractor 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 party or any
other person shall be in writing and either served personally or sent by prepaid,
first-class mail to the address set forth below. Either party may change its address
by notifying the other party of the change of address in writing. Notice shall be
deemed communicated forty-eight (48) hours from the time of mailing if mailed as
provided in this Section 9.1.
To Agency:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attention: Executive Director
To Contractor:
Overland, Pacific & Cutler, Inc.
100 West Broadway, Suite 500
Long Beach, California 90802
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 both parties.
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 12
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not effect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
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.
Dated:
LA QUINTA REDEVELOPMENT AGENCY, a
California public corporation
By:
THOMAS P. GENOVESE, Executive Director
"Agency"
ATTEST:
JUNE S. GREEK, Agency Secretary
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Legal Counsel
OVERLAND, PACIFIC & CUTLER, INC.
Dated: By:
Name:
Title:
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 14
X-)
EXHIBIT -A"
SCOPE OF SERVICES
(Attached)
93
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 15
EXHIBIT "B"
SPECIAL REQUIREMENTS
A. Generally. The Contractor shall be responsible for preparation of work
products or deliverables as specified in Exhibit "A", Scope of Services,
attached hereto and herein incorporated by reference. All deliverables shall
be in an 8.5 inch by 11.0 inch camera ready reproducible format, printed on
one side only.
B. Monthly Progress Reports. The Contractor shall submit to the Agency a
written monthly progress prior to or at monthly coordinating meetings.
These reports are considered a deliverable and, as such, a condition of this
Agreement. Each progress report shall include, at a minimum, the following:
For each Residential Occupant (as cited in Exhibit "A", Scope of
Services), a brief statement of the work performed since the last
monthly progress report;
For each Residential Occupant, a comparison of actual
accomplishments to established objectives, milestones and/or
deadlines;
Identification of reason(s) for "slippage" or "delay" if deadlines were
not met or for failure to meet objectives or milestones.
Discussion of any issues that may have arisen or are expected to
arise, problems encountered, changes in personnel, etc., that could
affect or are affecting the work.
Discussion of any proposed changes in or amendments to the Scope
of Services.
Work planned for the next reporting period and anticipated
accomplishments.
C. Each monthly progress report shall be updated to reflect an entire calendar
month and subsequently submitted as a required attachment to any request
for payment submitted by the Contractor. Receipt and approval of monthly
progress reports by the Agency is mandatory prior to any issuance of
payment to the Contractor.
04
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 16
D. Responsibilities of the Contractor. In any month for which the Contractor is
entitled to payment, the Contractor shall submit to Contract Officer a written
request for payment that conforms to the following:
Submitted by or on the tenth day of the following month;
Submitted in a format prescribed by the Agency;
Submitted together with a monthly progress report;
Submitted together with supporting documentation (bids, receipts,
cancelled checks, invoices, etc.).
E. Responsibilities of the Agency. The Contract Officer or his designee shall
review all requests for payment to determine whether services performed
and deliverable(s) submitted are consistent with this Agreement. Upon
approval by the Contract Officer or his designee, payment to the Contractor
shall be made as promptly as fiscal procedures permit, generally within 30
days.
F. Disputes. In the event of a disputed or contested request for payment, only
that portion so disputed or contested shall be withheld from payment and
the undisputed portion shall be paid. The Contractor's failure to provide
legible receipts shall be grounds for non -reimbursement of related charges.
The Agency shall notify the Contractor in writing of the basis of the dispute
or contest.
G. Records. The Agency shall have the right to review all books and records
kept by the Contractor and any subcontractors in connection with the
operation and services performed under this Agreement. The Agency shall
withhold payment for any expenditure not substantiated by the Contractor's
or subcontractors' books or records. The Contractor shall ensure that such
books and records are retained for a period of three (3) years after
satisfaction of the terms of this Agreement and that the Agency shall have
reasonable access to said books and records.
H. Task Budget Amendments; Obligation of the Contractor. It shall be the
responsibility of the Contractor to notify the Agency that there is a need to
consider shifting funds from task to task in order to increase or decrease the
maximum allowable cost. Notice shall be given to the Agency within a
reasonable amount of time of discovering the need for revision such that the
Agency may duly consider the need and subsequent impacts upon the work
to be completed and the calendar of scheduled activities.
195
G:\bsawyer\WPDOCS\Contracts\Overiand Relocation Cont.doc 17
EXHIBIT "C-
SCHEDULE OF PERFORMANCE
This contract is for the time period between February 17, 2004 and February
28, 2005. All work shall be performed within this time frame.
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G:\bsawyer\WPDO C S\Contracts\Overl and Relocation Cont.doc 18
EXH*NT OK
November 18, 2003
Frank J. Spavacek
Rosenow Spevacek Group Inc.
217 North Main Street, Suite 300
Santa Ana, CA 92701-4822
Subject: Request for Proposal to Provide Relocation Consulting Services
Dear Mr. Spevacek:
Overland, Pacific & Cutler, Inc. ("OPC') is pleased to submit this proposal to provide
relocation and related consulting services for the City of La Quinta Redevelopment Agency
(the "Agency") for its proposed acquisition of the Vista Dunes Mobile Home Park and the
subsequent relocation of the occupants (the "Projecf'). OPC has a complete understanding of
the proposed scope of work, past experience with similar mobile home park assemblages, and
the qualified personnel to meet the needs of the Project. Please find below our project
understanding, brief company qualifications, proposed scope of work for completing the
necessary work, and proposed fee.
Project Understanding
Our understanding of the Project is based on reviewing information provided by Agency staff
and our own field investigations. It is our understanding that the Agency is proposing the
rehabilitation of the Vista Dunes Mobile Home Park, generally located at 78990 Miles Avenue in
La Quinta.
The rehabilitation of the mobile home park will require the acquisition of property and mobile
homes, which will cause the displacement of residential occupants. As a result, relocation
consulting services will be necessary, which will include the preparation of a Relocation Plan,
relocation assistance services for all displaced persons in accordance with State relocation
guidelines, and project management services. In addition, if the Agency finds it necessary,
OPC can provide interim property management services.
Based on our review of the documents provided and our field investigations, we estimate of that
there may be ninety-three (93) residential occupants requiring relocation assistance services.
All services provided to the Agency will be conducted from OPC's office located in Palm Desert.
19 9"
February 11, 2004
Vista Dunes Mobile Home Park
La Quinta Redevelopment Agency
Page 2
Company Qualifications
OPC is a leader in providing relocation assistance and related services throughout California.
Since its inception in 1980, OPC has provided similar services to more than 300 local, state and
federal agencies, private sector and non-profit organization clients, completing over 700
projects, and relocating over 30,000 residential households and businesses. These projects
have taken place in every conceivable setting and have involved people from across the broad
spectrum of ethnic, cultural, and financial diversity found in our State.
As an organization, we pride ourselves on our responsiveness to both our clients and families
and businesses we displace. Along with considerable senior management experience, our
company has over 120 professional acquisition agents, relocation specialists, property
management personnel, and administrative personnel. A strong project management team with
years of relocation experience provides the "hands-on" daily management of each relocation
program. Each Project Manager has the support of Relocation Specialists that provide the
specific experience necessary to effectively deal with the complexities of each relocation
project. An in-house, state-of-the-art computer system enhances the Project Managers' and
Relocation Specialists' ability to track cases and provide effective report options for
management and client review.
Relevant Experience
The following are a few of the mobile home parks undertaken in Coachella Valley for which
OPC has provided similar services as required for the Agency's Project:
Cathedral City Redevelopment Agency
OPC has administered and implemented the acquisition, relocation and interim property
management program for Suntown Mobile Home Park in Cathedral City. These services
included acquisition and relocation activities for over one hundred and eighty (180) mobile home
owners.
Rancho Mirage Redevelopment Agency
OPC completed the relocation activities for the Blue Heaven Trailer Park in Rancho Mirage.
The project involved the relocation of nineteen (19) mobile home owners for a rehabilitation
project similar in nature to the Agency's project.
In addition, OPC has completed the relocation of 60 or 70 mobile home parks throughout
California. References for other parks can be provided upon request.
20
M20
toxftj
February 11, 2004
Vista Dunes MobUe Home Park
La Quinta Redevelopment Agency
Page 3
Scope of Work
The following is a summary of tasks proposed to be performed in completing the necessary
relocation services in accordance with State guidelines:
A. Prepare a Relocation Plan
1. Conduct on -site interviews to gather data from all residential and business
occupants and deliver approved Relocation Assistance Information Brochure.
2. Conduct a survey and analysis of available replacement residential locations.
3. Coordinate with District to review relocation policies and procedures, sources of
funding, time requirements and other pertinent information necessary for
inclusion into the Plan.
4. Correlate and analyze data.
5. Prepare a draft report of the findings and analysis and submit to the Agency for
review and comment.
6. Finalize Plan and deliver to Agency for approval.
B. Relocation Assistance Services
Residential Occur)ants
1 . Conduct personal, on -site interviews of prospective displacees to ascertain
relocation housing needs and special requirements.
2. Inform displaced persons of available relocation assistance services and benefits
and explain relocation process.
3. Provide displacees with on -going advisory assistance to minimize their hardship,
including referrals to and coordination with community service resources, public
housing and other public services, as necessary.
4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day
Notices to Vacate, and other notices, as may be required.
5. Provide written referrals for replacement housing and physically assist displacees in
locating replacement housing including transporting individuals to view replacement
sites if necessary.
6. Prepare replacement housing/down payment assistance entitlement reports for
displaced households.
7. Determine eligibility for and proposed amount of relocation benefits including moving
payments, rental/down payment assistance and replacement housing payments.
8. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary"
requirements.
9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim
forms and submit claim forms to Agency for processing and payment.
10. Monitor the move to replacement site as necessary.
11. Deliver benefit checks and other appropriate payments to claimants.
12. Maintain necessary case documentation and provide Agency with periodic standard
status reports.
21.
Me
OU&SA
February 11, 2004
Vista Dunes Mobile Home Park
La Quinta Redevelopment Agency
Page 4
B. Project Management and Other Related Services
1 . Provide overall management of relocation program for compliance with Agency's
relocation requirements, overall project planning, scheduling, and coordination with
Agency staff, attorneys, and consultants.
2. Representing the Agency in meetings, hearings, and presentations.
3. Other tasks related to the appraisal, acquisition or relocation programs as may be
assigned by the Agency.
FEE PROPOSAL
Our proposed fee to complete the proposed services is based on the requested services, our
project understanding and proposed scope of services. You have requested a fee for a
preliminary assessment of the relocation costs and a separate cost for the relocation planning
and implementation. Please find below our proposed fee for the project.
OPC may elect to be compensated monthly for the services rendered based on the hourly rate
schedule below, however, in no event will the total hourly compensation exceed the proposed
fees without prior written authorization. Our fees are inclusive of all travel time and expenses
associated with the provision of the required services. Additional cases identified during the
implementation of the assignment and /or substantial changes in the required scope or length of
the project may cause the revision of the project maximum.
Project Management services will be billed at the hourly rates. The amount of time spent for
this category will be controlled and directed by the Agency.
Corporate Off icer/Regional Manager
$125.00 per hour
Sr. Project Manager
$110.00 per hour
Project Manager
$100.00 per hour
Senior Acquisition/Relocation Consultant
$90.00 per hour
Acquisition/Relocation Consultant/Analyst
$80.00 per hour
Real Estate Technician/Escrow Off icer/Project Support
$60.00 per hour
Secretarial/Clerical
$40.00 per hour
22
100
February 11, 2004
Vista Dunes Mobile Home Park
La Quinta Redevelopment Agency
Page 5
Any consulting services or advice necessary for an appeal, to support litigation, such as
depositions, pre-trial research, or court testimony, is not part of the above fees and shall be
billed hourly at 200% of the above rates.
OPC appreciates the opportunity to submit this proposal to provide the requested services. We
look forward to assisting the Agency in completing any or all of the proposed projects. If you
have any questions or require additional information, please do not hesitate to contact me.
Respectfully submitted,
Overland, Pacific & Cutter, Inc.
Barry R. McDaniel
Chief Executive Officer
23 inj
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OF
111AW AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: 13--ambw 16-,20(M BUSINESS SESSION:
ITEM TITLE: Consideration of an Amendment to the CONSENT CALENDAR:
Professional Services Agreement with Rosenow STUDY SESSION:
Spevacek Group, Inc. to Include Certain Professional
Services Related to the Design and Engineering for PUBLIC HEARING:
the Vista Dunes Mobile Home Park Reuse Activities
RECOMMENDATION:
Approve an amendment to the Professional Services Agreement with Rosenow
Spevacek Group, Inc. ("RSG") to facilitate professional services contracting activities
related to the Vista Dunes Mobile Home Park and authorize the Executive Director to
execute the required documents.
FISCAL IMPLICATIONS:
None. This would allow RSG to retain the design, planning and engineering services to
facilitate the redevelopment of the Vista Dunes Mobile Home Park. The Agency Board
reviewed the budget and appropriated funds for these services on December 2, 2003.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW
On December 2, 2003 the Agency Board approved a Purchase and Sale Agreement to
acquire the Vista Dunes Mobile Home Park in La Quinta Redevelopment Project Area
No. 2. As part of that action, the Agency Board also reviewed and approved the
design and development budget. This followed the Board's November 4, 2003 actions
wherein it approved the acquisition and redevelopment of the Vista Dunes Mobile
Home Park, and authorized staff to assign RSG as the Project Manager for the
redevelopment effort. The Agency is acquiring the Vista Dunes Mobile Home Park in
order to redevelop it with 82 single-family dwellings that will be rented to very low-
income family households. These actions will secure long-term affordability covenants
and increase the community's supply of housing affordable to very low- and low-
income family households.
102
Since this will be a family household neighborhood, the Agency has directed staff to
expeditiously undertake site redevelopment activities so that existing tenants who
desire to relocate back into this neighborhood may do so at the earliest possible time.
Staff has crafted a schedule that provides for site redevelopment activities to be
completed by the summer of 2005 so that families may move back into this
neighborhood in time for the fall 2005 school year. In order to accomplish this
schedule, the site planning, engineering, and entitlement activities must be completed
by July 2004. This schedule cannot be accomplished if the Agency must conduct a
request for proposals process for site planning, design and engineering services.
For past Agency affordable housing projects the Agency contracted with development
companies that retained the design and engineering consultants, and managed their
activities. In these transactions the Agency funded site planning, design and
engineering services that were retained and managed by the development company.
To assist in achieving the 2005 opening, staff is recommending that the Agency follow
past practices and authorize RSG to retain the planning, design and engineering
services. Based upon the December 2, 2003 budget, the estimated cost of these
services is $600,000.
The current contract allows the Agency to assign additional services to RSG.
However, in order for RSG to bill the Agency for these services their contract must be
modified to enable them to charge the Agency for these items. Per the California
Redevelopment Law, the Agency does not have to go through a formal public bid
process to retain professional services. However, in undertaking these activities, RSG
will obtain bids for these services that will be reviewed by the appropriate City staff.
Per the terms of the existing RSG contract, all plans, reports, specifications and
materials will become the property of the Agency and not RSG. Given RSG's
successful 16 year history of designing and implementing affordable housing and other
economic development programs for the La Quinta Redevelopment Agency, staff feels
confident that they can undertake and complete these tasks in a manner that benefits
the Agency.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
Approve an amendment to the Professional Services Agreement with Rosenow
Spevacek Group, Inc. to facilitate professional services contracting activities
related to the Vista Dunes Mobile Home Park and authorize the Executive
Director to execute the required documents; or
G:\BSAWYER\WPDOCS\CC STF RPTS\RSG CONT AMDMT.DOC 2 1 ',',)
2. Do not approve an amendment to the Professional Services Agreement with
Rosenow Spevacek Group, Inc. to facilitate professional services contracting
activities related to the Vista Dunes Mobile Home Park and direct staff to retain
these services through the Agency's request for proposal process; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Thomas P. Genovese, Executive Director
104
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COUNCIL/RDAMEETING DATE: February 17, 2004
ITEM TITLE: Consideration of Mid -Year Budget Report
For Fiscal Year 2003/2004
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
AGENDA CATEGORY:
BUSINESS SESSION: 9-
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve an increase of $5,190,127 in estimated property tax increment revenue.
Approve an appropriation increase of $2,603,770 in pass through tax payments.
Approve a decrease in the Educational Relief Augmentation Fund (ERAF) expense
account of $2,532,005.
Approve the transfer of $2,704,459 in Low and Moderate Income Funding from the
Miraflores Single- and Multi -Family Capital Improvement Projects to the Vista Dunes
Mobile Home Park Capital Improvement Project.
Approve the reallocation of tax exempt and taxable funding for the SilverRock Village
Lakes.
Receive and file the Mid -Year Budget Report.
FISCAL IMPLICATIONS:
For a more detailed discussion of the items, please refer to the City of La Quinta Mid -
Year Budget Report and Attachment 1 to this report entitled: Mid -year review budget
worksheet.
During the annual budget process staff estimates revenues and expenditures for the
Redevelopment Agency (RDA) and reassesses those estimates, which are through
December 31 ", when mid -year information has been compiled. As a result of staff's
review, we are recommending the following budget changes to the RDA FY 03/04
budget:
Estimated tax increment revenues
Property taxes are adjusted to the tax roll information prepared by the County
Auditor's office which is received in late December. As a result of the tax roll
information, the property tax revenues for Project Area 1 and 2 are adjusted. For FY
03/04 the total tax increment revenues for Project Area 1 and 2 will increase by
$5,190,127 to a total of $38 million.
Additional pass through appropriations requested
As a result of the increased tax increment, the Agency is required to pass through, or
pay to other taxing entities that operate in the Project Area, tax increment funds based
upon negotiated or statutory agreements. Since the tax increment will increase, these
pass.through amounts will increase by $2,603,770 to a total of $20.8 million.
Reduction in ERAF shift appropriation
During the FY 03/04 budget process the ERAF shift was budgeted at $4,000,000.
This mechanism has been used by the State in the early 1990's and again in FY
02/03 and FY 03/04 to mandate Redevelopment Agency's state-wide to transfer
funding from the RDAs to the State to balance the State budget. The FY 03/04 State
budget mandated that $135 million be transferred State-wide from all RDAs to the
State, of which the La Quinta RDA portion is $1,467,995. It is important to note that
the State Senate had recommended an ERAF shift of $250 million or 85% more,
which if adopted, would have increased the ERAF shift to $2.7 million.
The ERAF shift is calculated by the State Department of Finance based upon the
financial activities of the RDA two years ago. The formula is to allocate $67.5 million
(or half) of the $135 million, based upon the La Quinta RDA Tax Increment, to the
State-wide totals and the other $67.5 million based upon the amount collected net of
pass throughs. As a rule of thumb, the La Quinta RDA percent is a little more than 1 %
($1,467,995) of the $135 million.
The ERAF shift is required to be paid to the County Auditor by May 15' or it will be
withheld by the County Auditor in the 2"' County tax distribution at the end of May.
Transfer of Low & Moderate Income Funding
The Miraf lores Single -Family and Senior Apartment Projects are completed. The policy
has been to close all Capital Projects at year end and transfer any remaining funds
back into fund balance reserves at that time, which is the end of June. The need has
arisen to budget for relocation costs for the Vista Dunes Mobile Home Park and staff is
requesting the closure of the Miraflores Single -Family and Senior Apartment Projects at
10.6
2
this time and the transfer of the remaining balance of $2,704,459 to the Vista Dunes
Mobile Home Park Capital Improvement Project for relocation costs.
SilverRock Ranch Lake Funding Analysis Update
On October 7, 2003 the Agency adopted the revised budget, construction phasing and
appropriation of funds for the SilverRock Ranch development. The primary purpose of
this report was to allocate the tax exempt and taxable bond proceeds to the project.
As the project progresses, staff is updating the cost estimates and land uses and will
come to the Agency to request changes to the allocations contained within the budget.
This is necessary to ensure that the funding is spent in accordance with Internal
Revenue Service requirements for the proper use of tax exempt bond proceeds.
Basically, the Agency does not want to use tax exempt bond proceeds for private
taxable purposes.
While staff is not requesting an additional appropriation to increase the total budget,
staff is requesting a change in the allocation of tax exempt and taxable bond proceeds
from the October 7, 2003 estimate for the Village lakes. After the design of the golf
course and based upon discussions with our bond attorney, staff is recommending a
change in the allocation of the Village lakes land and construction funding from 100 %
taxable to 25% taxable and 75% tax exempt. The fiscal impact of this is to shift $1.6
million in taxable funding that was used to purchase the land and would have been
used to construct the Village lakes to a tax exempt use.
With this reallocation, staff is proposing using this $1.6 million in taxable funding to
increase the taxable contingency account and utilize $1.6 million of the $5.355 million
tax exempt contingency account to fund the reallocation.
BACKGROUND AND OVERVIEW:
PLEASE SEE BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
1 Approve an increase of $5,190,127 in estimated property tax increment
revenue; and
2. Approve an appropriation increase of $2,603,770 in pass through tax
payments; and
107
3
3. Approve a decrease in the Educational Relief Augmentation Fund (ERAF)
account of $2,532,005; and
Approve the transfer of $2,704,459 in Low and Moderate Income Funding from
the Miraffores Single- and Multi -Family Capital Improvement Projects to the
Vista Dunes Mobile Home Park Capital Improvement Project; or
4. Provide alternative direction to staff.
Respectfully submitted,
6 11 L41� -
John M. Falconer, Finance Director
Approved for submission by:
�h6`m`as P. Genovese, Executive Director
Attachment: 1. Mid -year review budget worksheet
1 101 8
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: February 17, 2004 CONSENT CALENDAR:
ITEM TITLE: STUDY SESSION:
Consideration of an Appropriation of Up to PUBLIC HEARING:
$220,000 from Project Area No. 1 Low Mod
Income Housing Fund to Acquire a Single -
Family Home Located at 54-310 Eisenhower
Drive
RECOMMENDATION:
Approve the acquisition of the property located at 54-310 Eisenhower Drive (the
"Property"), authorize the Executive Director to appropriate the funds necessary to
acquire, rehabilitate, and resell the Property to another low income household, and
authorize Rosenow Spevacek Group ("RSG") to act on the Agency's behalf at the
sale.
FISCAL IMPLICATIONS:
To purchase this Property at the Trustee's Sale will require expenditure from the
Project Area No. 1 Low Mod Housing Fund of an amount not to exceed $220,000.
Legal fees, rehabilitation costs and resale expenses are not expected to exceed
$35,000 of this amount. Funding is available from Project Area No. 1 Low Mod
Housing Fund Balances — 245-00 00-290.00-00.
BACKGROUND AND OVERVIEW:
Staff has been advised that on March 2, 2004, a single-family home located at 54-
310 Eisenhower Drive will be sold at a Trustee's foreclosure sale. This house was
sold to the current owner in November, 2000 with a second trust deed amount of
$25,000 provided to a moderate income household as part of the La Quinta
Housing Program. The current outstanding loan balance of the first trust deed,
including foreclosure costs is anticipated to be $ 110,000. This figure plus the
second trust deed of $25,000 represents total encumbrances of $135,000 against
the property.
The additional $50,000 is being requested in the event other bidders are present
who may bid the price over the total encumbrances because the market value of
properties in the Cove area has increased significantly in recent months. This home
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was built in 2000 and comps of recent sales of properties of a similar age and size
indicate a market value of approximately $220,000. The encumbrances of
$135,000 plus the $50,000 excess provide RSG the ability to bid up to $185,000,
but only if conditions at the Trustee's Sale warrant. Based on the 2003 affordable
housing cost allowances, the Agency can anticipate the ability to resell this
property to another moderate income household, who would assume the existing
second trust deed loan, for approximately $220,000, of which the Agency's total
out of pocket cost would be approximately $145,000 (pay off the first trust deed
of $110,000 plus $35,000 in rehabilitation and resale costs).
In order to protect the Agency's second trust deed investment of $25,000 and
maintain the affordability covenant, the Agency would have to purchase the
Property at the Trustee's foreclosure sale. The Property is subject to public bid and
will be sold to the highest bidder. If the Agency does not elect to purchase the
Property, then the moderate income affordability covenant would be extinguished.
If the Agency is not the successful bidder, any amount less than $135,000 being
offered for the Property will cause a loss of the Agency's second trust deed and a
loss of a qualifying unit for its inclusionary housing requirement. Upon acquisition
of the Property, RSG will coordinate with the Agency attorney to evict the
occupants.
FINDINGS AND ALTERNATIVES:
Approve the acquisition of the property located at 54-310 Eisenhower Drive,
authorize the Executive Director to appropriate the funds necessary to
acquire, rehabilitate, and resell the Property to another moderate income
household and authorize Rosenow Spevacek Group ("RSG") to act on the
Agency's behalf at the sale; or
2. Deny the recommendation and provide staff with alternative direction.
Respectfully submitted,
//z, ,,, - �-,
OVar Orci, Interim
Community Development Director
Approved for submission by:
Thomas P. Genovese, Executive Director
112 2
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COUNCIL/RDA MEETING DATE: February 17, 2004
ITEM TITLE: Discussion of Logos and Brand Strategy
for SilverRock Ranch
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the Redevelopment Agency Board.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
WA
On November 18, 2003, the Redevelopment Agency Board approved a contract with
McMurry, Inc. for professional marketing services for SilverRock Ranch. The 18-month
contract took ef f ect December 1, 2003 and is scheduled to be in ef f ect until May 3 1,
2005.
One of the first tasks McMurry embarked upon was development of a logo for
SilverRock Ranch. The initial development process involved reviewing the logo
submission made in spring of 2003, conducting a study of marks/logos used by other
golf resorts in the area, and carrying out an informal survey of 30-40 people. These
early efforts resulted in the preparation and presentation of 13 logo images, which the
Redevelopment Agency considered on January 6, 2004 during a study session.
The Agency reviewed the images for their reflection of and connection to, not only
SilverRock Ranch but the entire City of La Quinta; in particular, its natural surroundings
and unique features. Several of the images received constructive comments: one
incorporated the letters "S" and "R" in a petroglyph-like typestyle against a silvery
rock, and the other depicted a thematic California Colonial archway with a view of the
mountains (changes to the latter image were suggested in relation to color and spacing
of arches). However, after consideration of all 13 images, no single image seemed to
truly capture the Agency's vision for SilverRock Ranch. Therefore, the Agency
113
directed McMurry to move forward to the next phase of logo development by
examining the spring 2003 submission more closely and incorporating La Quinta's
natural features (e.g., the sun and mountains) more prominently.
McMurry has now submitted a new set of logo images based on Agency direction
(Attachment 1). The images are numbered from 1 to 15 and are deliberately depicted
in black and white. McMurry recommends narrowing the selection of a logo design to
two or three before exploring a color palate. As the Agency recommended, McMurry
has tried to incorporate more of the sun and mountains, as they are salient features at
SilverRock Ranch and the City as a whole. As a point of interest, image number 9 was
part of the original submission of spring 2003, and images 14 and 15 were part of the
submission of January 6, 2004 (referenced in the previous paragraph). Stephen
Williams of McMurry will be available to guide the Agency through the new images as
they appear in Attachment 1, providing background, rationale, and any explanation
needed. McMurry advises and understands these are not final recommendations, but
rather conceptual marks that are meant to be discussed, considered, modified, and
refined based upon Agency direction.
Similar to the way a logo will become the mark identifying SilverRock Ranch and
promoting it across the nation, a "brand promise" will become the memorable
experience that will keep guests coming back to SilverRock Ranch. Hence, in addition
to creating a logo, McMurry has also been charged with assisting in the development
of a brand promise unique to SilverRock Ranch. To this end, McMurry has retained the
expertise of Mr. Duane Knapp, author of The BrandMindset, to lead the brand
development effort (Attachment 2). Mr. Knapp will be employing his tried and tested
five -step plan, which involves brand assessment, brand promise, brand blueprint, brand
culturalization, and brand advantage (the last step is not in Mr. Knapp's initial scope of
work, given it can not be facilitated until SilverRock Ranch is fully operational and
serving real customers). Mr. Williams of McMurry will be presenting the details of
every step, along with what is required and expected at each stage of development.
Mr. Knapp indicates he will be available as well to answer any questions the Agency
may have.
Respectfully submitted,
4 tL �, j�, _� -
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
114 2
Attachments: 1 . SilverRock Ranch Logo Submission
2. Brand Development Process Outline
115 3
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Attachment 2
SilverRock Ranch Brand Development Process
McMurry, Inc. has retained Duane Knapp and his company Brand Strategy, Inc to
facilitate the development of the SilverRock Ranch BrandPromises Commitment
(Promise). Duane will employ the first four steps of his tried and tested five -step plan to
develop a genuine, unique SilverRock Ranch brand. The fifth step, Brand Advantage
cannot be facilitated until SilverRock Ranch is an ongoing, viable entity serving real
customers. Step five is therefore not within the scope of this initial engagement.
The basic steps are as follows:
1.) BrandAssessment
In this initial phase, Duane and McMurry will conduct "inspirational" research
meetings with key stakeholders including but not limited to representatives from the
La Quinta RDA, GMA, Palmer Course Design, Landmark...
This constituent committee, under Duane's tutelage will develop a consensus
regarding the SilverRock Ranch brand position. Ideally, the constituent "interviews"
and discussions will be held in a collective, live workshop. If critical constituents are
not available for the group meeting(s), their input will be sought through telephonic
interviews. A review of the brand experience as delivered by locally, competitive
properties will be included.
2.) Brand Promise
What should the SilverRock Ranch's Promise be?
A distillation of the collective thoughts and discussions derived ftom the first Brand
Assessment meeting will be articulated in a written definition of the Promise ftom the
customer's perspective. The Promise is the foundation ftom which thebrand
principals are developed.
3.) Brand Blueprint
How will the brand be communicated to the myriad SilverRock Ranch audiences?
Duane will advise McMurry in developing a blueprint to chart the path to effectively
create, design and communicate the intended brand perception. It will signal what
SilverRock Ranch will deliver in its golf course product, services, attitude and
internal culture.
4.) Brand Culturalization
In essence, Duane will identify how every SilverRock Ranch employee must
understand and adopt the Brand Promise. Each and every SilverRock Ranch
employee and associate must understand and adopt the Promise and the Promise must
be an integral part of the SilverRock Ranch culture and must drive every related
decision. Culturalization will occur as a result of consistent, persistent and passionate
training of all SilverRock Ranch staff and associates. To this end, Landmark plays a
critical role as they are the primary on -site management. As a key constituent
131 19
throughout the branding process, Landmark will be an integral and essential brand
partner.
How long will this entire branding process take?
The four steps of the process as identified herein will take approximately two months
and will require at least two constituent meetings and numerous telephonic
interviews. As soon as the list of participatory constituents is agreed to, the first
Brand Assessment meeting can be scheduled and the process evolves from there.
It should be understood that the fourth step, Brand Culturalization is ostensibly never
completed as training must be continual, not only to ensure effective Brand
Culturalization amongst new hires but to ensure that standards are maintained across
all existing staff.
Next Steps?
In co-operation with the La Quinta RDA, McMurry and Duane Knapp we will
identify the key constituent entities and who specifically within those entities should
serve as a valued representative on the branding committee.
20
132
cewivl 4 CP Qumrcv
COUNCIL/RDA MEETING DATE: February 17, 2004 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Discussion of Building Architectural
Themes for SilverRock Ranch CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Review and discuss building architectural themes for the maintenance building,
restroom, and pump house at SilverRock Ranch.
FISCAL IMPLICATIONS:
The City's Capital Improvement Program includes the SilverRock Ranch project, and
has a budget of $1.2 million for maintenance and golf cart storage facilities and
$250,000 for golf course restrooms. Costs for these facilities will depend upon the
building style and facades selected.
BACKGROUND AND OVERVIEW:
On November 18, 2003, the Agency Board approved a contract with the Dahlin Group
for building architectural services, which includes preparation of plans and
specifications for the golf course comfort stations (restrooms), maintenance facility,
andpumphouse. In order to design these facilities, the architect needs direction from
the Agency Board regarding a preferred architectural theme for these buildings.
At the Agency Board meeting of February 18, 2003 (Attachment 1), the Board
expressed a preference for California Colonial/Spanish architectural themes. This style
was also preferred in the on-line poll conducted on the SilverRock Ranch website last
year, where the majority of respondents selected "California Colonial" over "Desert
Influence" and "Natural Materials." Based on this information, Jack Gallagher of the
Dahlin Group has conducted extensive research into the Spanish/California Colonial
style of architecture. In Attachment 2, the architect explains the design philosophy for
the proposed buildings. Attachment 3 includes pictures of various elements of the
California Colonial/Southwest Spanish style.
13 3
Attachment 4 shows proposed elevations and a floor plan for the golf course comfort
stations. The comfort stations will include a "back entrance" restroom for use by golf
course employees.
Attachment 5 includes proposed maintenance building elevations. It should be noted
that there will be a wall around the entire maintenance facility, leaving only the roof
visible from the golf course. A preliminary floor plan is included; however, it is under
review by the consultant team and may be subject to recommended changes.
Respectfully submitted,
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1 . Minutes of February 18, 2003 RDA Meeting
2. Design Philosophy
3. Spanish/California Colonial Architecture Images
4. Proposed Comfort Station (restroom) Elevations and Floor
Plan
5. Proposed Maintenance Building Elevations and Floor Plan
2
ATTACHMENT 1
Redevelopment Agency Minutes
February 18, 2003
Board Member Sniff noted there is opportunity for many view corridors in the
project, and suggested naming the project "La Quinta Las Vistas Golf
Development. "
Board Member Perkins suggested "Las Vistas at La Quinta."
Ch * airperson Henderson stated a name she has heard suggested is "Las
Montafias de La Quinta," which means the Mountains of La Quinta.
Carol Ackerman, of GMA International, complimented Board Member Sniff on
his suggestion for a project name, and reviewed three categories of images for
some of the signature buildings.
Board Member Sniff stated he felt a sense of Arizona in the images more than
California. He feels natural material can be utilized on the golf courses and
landscaping and still reflect a sense of the mountains. He feels a sense of
lightness, beauty, and perhaps modified California Spanish look is needed. He
suggested'the baked colors of the mountains be used in singular, artistic
impressions throughout the golf course where barriers or sense of barriers exist
— something that gives the sense of a defining area, perimeters in particular
and elevated golf tees. He feels there should be a contrast between that and
the actual architecture. He supported a California Colonial theme.
Chairperson Henderson agreed some of the architecture used in the Arizona
.projects was too dark.
Board Member Osborne stated he likes the same design but also likes the use
of desert trees, noting they can create shade without burdening the irrigation.
He noted La Quinta Resort was designed with a lot of colors, and he feels that
type of architecture will work well here.
Board Member Perkins agreed the La Quinta Hotel is beautiful but feels this
project should stand on its own design. He likes the use of a Spanish concept,
and feels it needs to be somewhat unique, yet blend in with what already
exists, and reflect the Indian and Spanish heritages. He suggested using grass
that requires less water and doesn't have to be re -seeded each year.
Board Member Adolph stated he believes landscaping is what makes the casitas
at the La Qu'inta Hotel look good. He noted hotel developers will have a certa . in
say in the design and features of the hotels/casitas and all the City can do is set
guidelines. He added by constructing the golf course and clubhouse prior to
hotel development, the City can require the hotels to tie into the established
element.
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ATTACHMENT 2
Outline of La Quinta SilverRock Ranch Design Rationale
As proposed by Dahlin Group Architects
February 10, 2004
• Goal: when the SilverRock Ranch development is complete, La Quinta residents
and visitors should have the impression that this has indeed become a premier
golf resort, a "must -see" destination that they will tell others about and would like
to return to over and over again. The new designs should be beautiful and
inspiring individually, but also together as a whole. Even though there may be
several architects involved in designing all of the various buildings over the
coming years, and there may be design limitations that naturally occur —such as
those that may be imposed by the hotel entity, at least as a goal there should be as
much cohesiveness as possible, such that the completed development as a whole
might have a discernible SilverRock Ranch "signature" to it, with a unique,
positive image that includes some common threads throughout each design.
• Point of departure for design: should not be Architect's personal preference, but
rather, what City Council and residents of La Quinta want (though architect's
review and recommendation hopefully important).
• What La Quinta residents want —by review of website, workshop input, and
listening to staff and others, includes:
• each design "crafted as if it had evolved over time";
• "melding of rich hues of the desert and strong architectural
elements inspired by the site with rusticated materials";
• style "that captures a sense of lightness and beauty that is found in
styles similar to California Colonial or other Southwest Spanish
look or theme, keeping with the charm and character of the City of
La Quinta."
• Residents especially like the Tradition and La Quinta Resort &
Spa, though not to copy these exactly. Preferably unique.
Architect's sources of inspiration: looked at books or actual sites representing the
following architecture:
• Spanish villages (since origin of much of California Colonial)
• Desert environs (around the world)
• Southwest Spanish and California Colonial architecture
• Local context: Tradition, La Quinta Resort & Spa, and other.
SummM of proposed design philosoph
y:
A relatively straightforward solution would be to reproduce the same style as the
Tradition and La Quinta Resort and Spa (whitewashed plaster walls with red clay tile
roof). This remains an option, but may not be the best solution for this project. More
challenging —but worth exploring for purposes of uniqueness —would be to
incorporate rusticated materials of a similar style, but customize them for SilverRock
4
Ranch, capitalizing on the mountain setting, the on -site rock, the natural desert hues,
etc.
• Roof- recommend two-piece "mission" clay tile. Use clay (rather than concrete)
with fire -flashed accents for rustication, and mortar boost (adds richness and look
of rustication; natural grays of mortar mimic rock). Unique richness possible by
carefully selecting a customized blend of tiles. Suggest hues which both
complement the natural materials on site (mountain browns and desert sands), and
perhaps lighter in tone than many reds and dark browns characteristic of other
areas in California (since this is a desert locale, and arguably different than Santa
Barbara, for example). The more neutral the roof colors, the more color
opportunity in the walls. The more color in the roof (reds or oranges), the more
neutral or earth -toned the walls may want to be so as not to clash.
• Stucco: Primary skin. Use mix of stucco colors to blend earthtones, as well as
orange sunset, and other desert colors. See beautiful Spanish villages for
inspiration.
• Rock: use of stone veneer and accent boulders presents great opportunity for
uniqueness —especially compared to neighbors. Situated at foot of mountains, on -
site boulders, etc. May be limited to towers and other "anchor" elements (bases,
comers, etc.), and limited to accent material if budget constrains. "Signature"
manufactured stone a possibility. Real rock may be cost prohibitive.
• Wall openings: deep-set wherever possible. Gives subtle sense of stability and
security due to thickened walls. Provides shadow line and more play of light at
openings. Helps shield desert sun. Turn comers with stone to give authentic look.
• Exposed wood elements (rafter tails, beams, etc.) Sand -blasted or similar for
rusticated/weathered look. Stain rather than paint to avoid maintenance.
Continued weathering (without paint) will reinforce rusticated look.
• Door and window frames: prefer wood; stained, wire -brushed incense cedar (or
similar) to hold up in weather and for time-honored look.
• Lintels: heavy wood or precast stone. Depending on budget, foam trim may be
required to substitute for precast stone.
Regardless of the style or finishes or colors selected for this project, the designs of
public spaces throughout SilverRock Ranch should incorporate porches, loggias,
roof -covered patios, trellised areas and other outdoor rooms or intimate exterior
spaces to the fullest extent possible. Extended roofs help shield conditioned space
from desert sun and can turn indoor circulation outboard. Outdoor spaces allow full
enjoyment of fine weather, great views, and opportunities to gather and people -watch.
Ideally there will be a full range of spaces from public to semi-public to semi -private
to private. And the landscape architecture will be key to the success of the overall
design. For the most part, the building architecture of the Tradition and the La Quinta
Resort & Spa employs relatively simple massing. The beauty is in the details, the
intimate outdoor gathering spaces, abundant vegetation, and the cohesive image of
the whole development.
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