2005 05 03 RDAeaf 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, May 3, 2005 - 2:00 P.M.
Beginning Resolution No. RA 2005-001
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Henderson, Perkins, Sniff, and Chairman Osborne
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
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.
1. CONFERENCE WITH AGENCY'S LEGAL COUNSEL REGARDING PENDING
LITIGATION, JOSE DE LA PEIVA, ET AL V. CITY OF LA QUINTA, ET AL, RIVERSIDE
SUPERIOR COURT CASE NO. INC 047843, PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a).
RECESS TO CLOSED SESSION
Redevelopment Agency Agenda 1 May 3, 2005
RECONVENE AT 3:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the Agency Board on items that appear
within the Consent Calendar or matters that are not listed on the agenda. Please complete
a "request to speak" form and limit your comments to three minutes. When you are called
to speak, please come forward and state your name for the record. Please watch the
timing device on the podium.
For all Agency Business Session matters or Public Hearings on the agenda, a completed
"request to speak" form should be filed with the City Clerk prior to the Agency beginning
consideration of that item.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF APRIL 19, 2005.
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 MAY 3, 2005.
2. RATIFICATION OF CONTRACT CHANGE ORDER NOS. 64 AND 65 TO WEITZ GOLF
FOR SilverRock RESORT, PROJECT NO. 2002-07C - UNITED IRRIGATION.
3. APPROVAL OF DOMESTIC WATER AND SANITATION SYSTEM INSTALLATION
AND IRRIGATION SERVICE AGREEMENT FOR SilverRock RESORT.
4. APPROVAL OF CONTRACT CHANGE ORDERS TO WEITZ GOLF FOR SilverRock
RESORT, PROJECT NO. 2002-07C.
BUSINESS SESSION - NONE
STUDY SESSION - NONE
Redevelopment Agency Agenda 2 May 3, 2005
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on May
19, 2005 commencing with closed session at 2:00 p.m. and open session at 3M 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, May 3, 2005, was
posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the
bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on Friday, April
29, 2005.
DATED: April 29, 2005
3, , '2 �
JUNE S. GREEK, CIVIC, City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 3 May 3, 2005
(;i!?4* 4 44"
AGENDA CATEGORY:
BUSINESS SESSION
COUNCIL/RDA MEETING DATE: MAY 3, 2005
CONSENT CALENDAR
ITEM TITLE:
Demand Register Dated May 3, 2005
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
STUDY SESSION
PUBLIC HEARING
Receive and File the Demand Register Dated May 3, 2005 of which $25920,363.56
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
4�Q�rw
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: May 3, 2005 BUSINESS SESSION:
CONSENT CALENDAR:
ITEM TITLE: Ratification of Contract Change Order Nos.
64 and 65 to Weitz Golf for SilverRock Resort, Project STUDY SESSION:
No. 2002-07C — United Irrigation PUBLIC HEARING:
RECOMMENDATION:
Ratify Contract Change Order (CCO) Nos. 64 and 65 in the total amount of
$252,450 for irrigation and landscape delays for the SilverRock Resort, Golf Course
No. 1, Project No. 2002-07C.
FISCAL IMPLICATIONS:
On February 15, 2005, the Agency appropriated $1.2 million from Redevelopment
Project Area No. 1 Reserves and $400,000 from Redevelopment Project Area No. 2
Reserves for the SilverRock Resort project. This appropriation included $608,500
for miscellaneous golf course changes and contingencies. At this time, there is
adequate funding within the contingency budget to cover these change orders.
BACKGROUND AND OVERVIEW:
In order to meet the Agency's scheduled opening of the Arnold Palmer Classic
course at SilverRock Resort, a number of measures were taken to construct the
golf course and related improvements within the time frame required in order to
grass the golf course for play in early 2005. CCO Nos. 64 and 65 are for work out
of sequence due to delays from CVWD and Bureau of Reclamation (BOR) to gain
access to the All American Canal right-of-way, as well as for delays caused by
Wood Brothers who were unable to deliver mass graded golf holes on time due to
delays from conflicts with Verizon facilities. The delay cost from Wood Bros. has
been separated in order to facilitate the Agency's delay claim to Verizon.
United Irrigation, through Weitz Golf, seeks payment for their additional work now
as their work was completed some time ago. Delaying payment to United Irrigation
while the balance of claims is resolved with Weitz Golf was causing undue financial
hardship to United Irrigation; therefore, the City Manager authorized payment of
these CCO's after discussing them with the Agency at the April 20, 2005 Special
Agency Meeting.
Staff has worked closely with Heinbuch Golf in resolving these claims and feels
that the requested amounts are legitimate for additional costs that Weitz Golf
incurred as a result of the delays to the project. It is the Executive Director's
intention to proceed with the payment in full so that Weitz Golf subcontractors can
be released from this project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Ratify Contract Change Order Nos. 64 and 65 in the total amount of
$252,450 for irrigation and landscape delays for the SilverRock Resort, Golf
Course No. 1, Project No. 2002-07C; or
2. Do not ratify Contract Change Order Nos. 64 and 65 in the total amount of
$252,450 for irrigation and landscape delays for the SilverRock Resort, Golf
Course No. 1, Project No. 2002-07C; or
3. Provide staff with alternative direction.
Respectfully submitted,
-JAAV�
Timothy R. on ss
Public Works irector/City Engineer
Approved for submission by:
homas P. Genovese, Executive Director
Attachments: 1. Contract Change Order No. 64
2. Contract Change Order No. 65
T:\PWDEPT\COUNCIL\2005\05-03-05\C6 Ratification CCO 64 65.doc 2
ATTACHMENT
Sheet 1 of 1
CONTRACT: SilverRock Resort Golf Course Construction
PROJECT NO. 2002 — 07C
CONTRACTOR: Weitz Golf International
CONTRACT CHANGE ORDER NO. # 64
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make. the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
Weitz Golf International's claim for irrigation and landscape delays incurred by their sub -contractor United Irrigation
due to CCVWD approval, Survey staldne, BOR approval, and Hope design changes. See Attached
No Additional, compensation is associated with this change order
Previous Contract Amount Through Change Order No. 6�3 $1299723,499.70
Add This Change Order No.64 $ 116,977.45
Revised Contract Total 1 $ 13 089 477.15
By reason of this contract change order the time of completion is adjusted as follows: 0 days added/deleted to contract time.
The original contrail completion date &.- IL "4
The revised contract completion date shall be: 01-1545
Submitted
Approved
We, the widersigned Contractor, hem given careful co eraxion to the changepr aposed and hereby agree, if ihis proposal is approved that we will
provide all equipment, furnish all materials, bor, except as may be noted'above, and perfM► all services necessary to complete the above
specified work and hereby arc own above, which includes all direct and indirect overhead expenses for any delays-
Accepted By: Title:
` r• i ifInternationalDate: zs
Contracto : Weitz Go
3
ATTACHMENT 2
Sheet 1 of 1
CONTRACT: SilverRock Resort Golf Course Construction
PROJECT NO. 2002 — 07C
CONTRACTOR: Weitz Golf International
CONTRACT CHANGE ORDER NO. # 65
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not incMded .in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the tans,
general conditions, and special provisions of the original Contract.
DESCREMON OF CHANGE
Weitz Golf International's claim for irrigation and landscape d,�urred by their sub -contractor United Irrigation
due to Wood Bros. inabNty to deliver complete golf holes for shaping per the approved contract schedule See
_No Additional compensation is associated loth this change order
Previous Contract Amount Through Change Order No. 64 $13,089,477.15
Add This Change Order No.65. $ 135,472.55
Revised Contract Total $ 139 224 949.70
By reason of this contract change order the time of completion is adjusted as follows: 0 days added/deleted to contract time.
The 0491nat confta completion date is.11/0"4
The revised contract completion date shall be: 01-15-05
Submitted By: Dam; ZL 0
Approved By: j
Date_
We, the undersigned COmractor, kavrgiven MOW eon idaudm to the changep vpoaedandhereby agree, ifthisproposal is approveet that we will
provide all equ47men4 furnish all materials, vrr , except as may be noted above, and perform all services necessary to complete the above
specified world and hereby n above, which includes all direct and indirect overhead expenses for any delays.
Accepted By: Title:(LOIr
Contractor: Weitz Golf International Date:
0
COUNCIL/RDA MEETING DATE: May 3, 2005
ITEM TITLE: Approval of Domestic Water and Sanitation
System Installation and Irrigation Service Agreement for
SilverRock Resort
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the Domestic Water and Sanitation System Installation and Irrigation
Service Agreement (Attachment 1) for SilverRock Resort.
FISCAL IMPLICATIONS:
The Domestic Water and Sanitation System, Installation and Irrigation. Service
Agreement calls for the construction of a variety of water and sewer improvements
within and around SilverRock Resort. Many of these improvements have been
included as infrastructure improvements to the SilverRock Resort project in either
Phase I or Phase II. The agreement also requires dedication of up to six well sites
and a booster station/pressure reducing station site. Three of these well sites will
have to be located offsite of SilverRock Resort and therefore must be purchased
and improved by the Agency.
In addition to the dedication and improvements of the well sites, upon construction
of the hotel, timeshare units, permanent clubhouse, conference center, and
commercial/retail center, the Agency will be obligated to construct two fully
improved domestic water wells. In lieu of actually constructing the well sites, the
Agency, for each well, may provide an irrevocable letter of credit acceptable to the
Coachella Valley Water District (CVWD) in the amount of $850,000.
While included in the original project budget of October 2003, the budget for
acquiring all offsite well sites and constructing the domestic wells was only
$1,450,000. The Agency has already acquired one well site for $50,700. As the
other well sites are acquired and as SilverRock Resort develops, alternate funding
will be identified to address funding shortfalls from this agreement.
S:\CityMgr\STAFF REPORTS ONLY\5-3-05\C10 SRR Water.doc
BACKGROUND AND OVERVIEW:
In order to provide water for both potable and irrigation uses as well as sanitary
sewer service to the SilverRock Resort project, CVWD requires the Agency, as the
developer, to enter into a Domestic Water and Sanitation System Installation and
Irrigation Service Agreement. The agreement is intended to provide for the
construction or payment of water and sewer infrastructure improvements that
CVWD identifies as necessary to mitigate the impact of the development project on
CVWD's delivery systems. As part of the construction of SilverRock Resort Phase
I, the Agency built many of the water and sewer improvements that were required
under this water and sewer agreement. Additionally, Phase II will complete the
system through the Phase II portions of the project.
In addition to the delivery system improvements, the Agency is obligated to
dedicate six well sites (three on the SilverRock Resort site and three offsite), to
CVWD. As development occurs on the SilverRock Resort site, CVWD will require
the Agency to either construct the domestic water wells or pay CVWD for the
construction of the same in order to offset the potable water use on the project
site. The "units" that trigger these requirements are any combination of the hotel,
timeshare units, permanent clubhouse, conference center, commercial/retail center,
and maintenance facilities that are to be constructed in the future on the SilverRock
Resort site.
Staff has already pursued the dedication of offsite well sites and has purchased
one site, identified one other potential well site, and will identify a third at a later
date. The SilverRock Resort budget included the cost of these dedications as well
as the improvements to the well sites; however, an allocation may be necessary for
the two future domestic wells that must be constructed for CVWD.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve the Domestic Water and Sanitation System Installation and
Irrigation Service Agreement for SilverRock Resort; or
2. Do not approve the Domestic Water and Sanitation System Installation and
Irrigation Service Agreement for SilverRock Resort; or
3. Provide staff with alternative direction.
S:\CityMgr\STAFF REPORTS ONLY\5-3-05\C10 SRR Water.doc 2
Respectfully submitted,
Timothy R. jo as o , P.E.
Public Works Direc or/City Engineer
Approved for submission by:
'000
Thomas P. Genovese, Executive Director
Attachment: 1. Domestic Water and Sanitation System Installation and
Irrigation Service Agreement
S:\CityMgr\STAFF REPORTS ONLY\5-3-05\C10 SRR Water.doc 3
ATTACHMENT 1
No Recording Fee
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
(Space above this line for Recorder's Use)
DOMESTIC WATER AND SANITATION SYSTEM
INSTALLATION AND IRRIGATION SERVICE
AGREEMENT
THIS AGREEMENT is made on this day of . , 2005, for
identification purposes only, by and between the COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California, ("District") and LA QUINTA REDEVELOPMENT
AGENCY, a public agency of the State of California, ("La Quinta").
RECITALS
WHEREAS, La Quinta is developing a project named Silver Rock Resort ("Project")
generally consisting of two (2) 18-hole golf courses, up to a total of 1250 combined hotel and
casita/timeshare units, a clubhouse, a conference center, a commercial/retail center and a
maintenance facility located on approximately five hundred twenty-three (523) acres within
Sections 5, 6 and 8. Township 6 South, Range 7 East, San Bernardino Base and Meridian, in the
City of La Quinta and described in Exhibit A and Exhibit B attached hereto and by this reference
incorporated herein; and
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WHEREAS, the Project will require domestic water distribution and sanitation collection
systems and domestic water and sanitation service to each of the Units; and
WHEREAS, the Project has fire flow requirements of one thousand five hundred (1,500)
gallons per minute (gpm) for two (2) hours and four thousand (4,000) gpm for two (2) hours,
respectively, which are in excess of that available from District's existing system; and
WHEREAS, La Quinta is desirous of having District provide domestic water and
sanitation service to the Project and is willing to transfer to District the domestic water and
sanitation distribution systems necessary, therefore, after the construction thereof and District is
willing to accept such transfer and to provide domestic water and sanitation service to the Project
on the terms and conditions set forth herein; and
WHEREAS, the Project will also include two 18-hole golf courses with water features
and amenities and will require irrigation water service to serve the golf courses. Except as
otherwise set forth herein, the term "irrigation water" is intended to refer to canal water, and
WHEREAS, La Quinta will require modifications of the existing irrigation water
distribution/delivery system which includes the modification of two (2) delivery systems
consisting of a twelve -inch (12") line, meters, gate valves, telemetry and all related
appurtenances.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. La Quinta shall do the following for domestic water service:
a. If necessary, as determined by City and District, execute District's
Domestic Water and/or Sanitation System Installation Agreement (the "Standard
Agreement") for each tract within the Project in such form and content as set forth in
Exhibit C attached hereto and by this reference incorporated herein, as amended by
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District from time to time. In the event of any inconsistency or ambiguity between the
terms of the Standard Agreement and this Agreement, the terms of this Agreement shall
control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the domestic water facilities and/or sites designated herein. As a part of
its obligations to fund the CEQA process, La Quinta shall prepare or cause to be prepared
all instruments, documents, reports and other like or kind writings required to be prepared
and/or filed by CEQA.
C. La Quinta, at its cost and expense, shall provide to District grant deeds for
six (6) domestic water well sites and one (1) booster station/pressure reducing site
("BS/PR Site"), at such locations approved by District, in District's sole and absolute
discretion. Said domestic water well sites and BS/PR Site shall be approximately one
hundred fifty feet (150') by one hundred fifty feet (150') in dimension. La Quinta shall
ensure that the well sites and site are free and clear of all monetary liens and
encumbrances and that the transfers to District shall comply with the California
Subdivision Map Act. The BS/PR Site is in lieu of a seventh well site.
d. Pay to District the actual cost of the design and construction of two (2)
domestic water wells and pumping plants complete with all necessary appurtenances
including backup, on -site generators. The wells and pumping plants may be constructed
on any of the above -mentioned well sites provided by La Quinta as determined by District
in its sole and absolute discretion. The District shall invoice La Quinta on a monthly
basis or at La Quinta's option La Quinta may provide an irrevocable letter of credit
acceptable to District or La Quinta may provide cash in the amount of eight hundred fifty
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thousand dollars $850 000.00 per well to be used by District to pay the cost of two (2)
of the wells and pumping plants with on -site, backup generators complete with all
necessary appurtenances before water service is initiated to the Units within the Project in
accordance with the schedule in Appendix A. District reserves the right to review and
modify the irrevocable letter of credit or cash amount to pay for the wells and pumping
plants due to increased construction costs. La Quinta shall pay to District any additional
cost within thirty (30) days of being billed should the cost of design and construction of
the well and pumping plants exceed the advance payment referenced herein.
In lieu of La Quinta providing an irrevocable letter of credit or cash deposit in the
amount mentioned above to be used by District to pay for the cost of the domestic water
wells and well pumping plants, La Quinta, at District's option, may construct one (1)
and/or two (2) domestic water wells at the well sites described in Subparagraph 1.c. and
furnish and install the pump and motor in accordance with District specifications. All
well, pump and motor materials and appurtenances shall be approved by District. The
well, drilling, soil and water sampling, constructing, developing and testing shall be done
under the direction of a District approved hydrogeologist. All directions given by the
hydrogeologist shall be subject to District approval.
In conjunction with this option, La Quinta shall provide an irrevocable letter of
credit acceptable to District or cash in the amount of eight hundred fifty thousand dollars
($850,000.00) less the bid amounts for the well drilling, pump and motor contracts to be
used by District to pay for the cost of the well pumping plant facilities and appurtenances
including backup generator power supply. La Quinta shall submit the contract documents
for the well, pump and motor to District for review and approval prior to presenting them
to contractors for bidding purposes.
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Before the domestic water wells are transferred to District, La Quints shall
have the domestic water wells tested for water quality, water production, specific yield
and sand content. Well shall comply with all District, state and federal water and well
requirements.
If the above water well requirements are not met, La Quinta will not be
relieved of its obligation to provide District with a well in accordance with the schedule
in Appendix A.
e. Provide, at La Quinta's sole cost and expense, separate grading and.
landscaping plans for the six (6) well sites and the BS/PR Site described in
Subparagraph 1.c. The provisions of Paragraph 4(a) shall apply to the review and
approval of the plans. After the grading and landscaping plans have been approved by
District, La Quinta shall grade and landscape the sites per the approved plans. The
provisions of Paragraph 4 shall apply to the grading and landscaping of the well sites and
the BS/PR Site.
f. Provide, at La Quinta's sole cost and expense, electrical power of a voltage
and wattage necessary for well operation to the six (6) well sites and the BS/PR Site
described in Subparagraph l.c.
g. Provide, at La Quinta's sole cost and expense, telephone service necessary
for well communication operation to the six (6) well sites and BS/PR Site described in
Subparagraph l.c.
h. Design and construct, at La Quinta's sole cost and expense, (i) eight -foot
(8') high perimeter walls around the six (6) well sites and, (ii) BS/PR Site described in
Subparagraph l .c., and (iii) exterior landscaping. The design of the walls shall also
include consideration of noise attenuation to maintain exterior noise levels to an
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acceptable ambient level for residential development while the wells and reservoir are in
operation. The wall, landscaping and berm shall be of the type and include such material
as District shall determine, in District's sole and absolute discretion. The provisions of
Paragraph 4 shall apply to the design and construction of the walls, berm and landscaping.
i. Design and construct, at La Quinta's sole cost and expense, well site
drainage and well discharge water facilities from each of the six (6) well sites and site
drainage and water discharge facilities from the BS/PR Site into local drainage facilities.
La Quinta shall include drainage and well and BS/PR Site discharge water facilities
designs for District approval on the grading plans described in Subparagraph 1.h.
j. Design and construct, at La Quinta's sole cost and expense, a minimum of
a twelve -inch (12") diameter domestic water pipeline, if one is not adjacent to each of the
six (6) domestic water well sites, from an existing twelve -inch (12") diameter or larger
domestic water pipeline and provide a twelve -inch: (12') diameter or larger domestic
water pipeline and provide a twelve -inch (12") stub -out to each of the six (6) well sites
described in Subparagraph l.c.
k. Design and construct, at La Quinta's sole cost and expense, a minimum of
two (2) eighteen -inch (18") diameter domestic water pipelines, if not already adjacent to
the BS/PR Site, from existing eighteen -inch (18") pipelines and "stub -out" into the
BS/PRS site. One eighteen -inch (18 ") pipeline shall be connected to the District's
Cahuilla Pressure Zone (150-foot Pressure Zone) and the second shall be connected to the
District's Lower La Quinta Zone (235-foot Pressure Zone).
Design and construct, at La Quinta's sole cost and expense, a building or
buildings at La Quinta's option to house any or all of the two (2) wells and appurtenances
described in Subparagraph 1.d. The design shall include a removable/retractable roof,
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ventilation and soundproofing. The provisions of Paragraph 4 shall apply to the design
and construction of the buildings.
In. Pay or cause a third party to pay or provide for the operation and
maintenance, including malicious damage and graffiti, of the landscaping, walls, gates
and drainage facilities for the six (6) well sites and BS/PR Site described in
Subparagraphs 1.c. and 1.d. Maintenance of the landscaping and drainage facilities for
the six (6) well sites and the BS/PR Site shall be in accordance with the requirements of
District, as they may be amended from time to time.
La Quinta shall be responsible for installing and establishing the initial
landscaping at the BS/PR Site and maintaining the landscaping for one (1) year after the
landscaping is planted.
n. Design and construct, at La Quinta's sole cost and expense, to District
specifications, the following pipelines before water service is initiated by District to the
Units within the Project in accordance with the Schedule on Appendix A. The provisions
of Paragraph 4 shall apply to the design and construction of the pipelines described
herein.
(i) An eighteen -inch (18 ") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 52 service road, which connects to the
existing eighteen -inch (18") diameter stub at intersection of service road and
Avenue 52 and extends southeast approximately two thousand feet (2,000) to the
interim clubhouse.
(ii) An eighteen -inch (18 ") diameter domestic water pipeline for the
150-foot Pressure Zone along Avenue 54, which connects to an existing
eighteen -inch (18") diameter pipeline located 400 feet west of Jefferson Street and
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extends approximately 1,900 feet west to the golf course maintenance facility.
(ill) An eighteen -inch (18 ") diameter domestic water pipeline for the
150-foot Pressure Zone along the Avenue 54 entrance road which connects to the
eighteen -inch (1811) diameter pipeline referenced in Subparagraph l.n.(ii) and
extends to BS/PR Site described in Paragraph I.e.
(iv) A eighteen -inch (18 ") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 52 which connects to the eighteen -inch
(18") diameter domestic water pipeline described in Subparagraph 1.n. (i) at its
southeasterly terminus (near interim clubhouse) and extends southeasterly past
proposed clubhouse and across canal and then southerly to BS/PR Site described
in Paragraph Le.
(v) An eighteen -inch (18") diameter domestic water pipeline for the
235-foot Pressure Zone along Avenue 53 entrance road, which connects to the
eighteen -inch (18') domestic water pipeline described in Subparagraph 1.n.(iv)
and extends east to the existing eighteen -inch (18 ") stub on Jefferson Street and
Avenue 53.
o. Design and construct, at La Quinta's sole cost and expense, to District
specifications, the internal domestic water pipelines to meet the Proj ect's fire flow and
domestic water requirements in accordance with the approved domestic water system
model. The provisions of Paragraph 4 shall apply to the design and construction of the
internal domestic water pipelines.
P. La Quinta shall install a pressure regulating valve on each nonirrigation
service within the boundaries of the Project.
q. Complete in the required sequence, in accordance with the schedule in
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Appendix A, the six (6) well sites, payment for the two (2) well and pumping plants, a
BS/PR Site and each pipeline described in Subparagraphs l .c., Ld. and Ln., respectively,
before domestic water service is initiated by District to the referenced Units in
Appendix A within the Project.
r. Immediately upon completion of the six (6) well sites and BS/PR Site
described in Subparagraph l.c., La Quinta shall field review with a District representative
the remaining visual and aesthetic impacts and agree to mitigate with, but not limited to,
landscaping, walls, paint and/or decorative rock to District's satisfaction. Designs shall
be reviewed and approved by District prior to construction.
2. La Quinta shall do the following for sanitation service:
a. If necessary, as determined by City and District, execute District's
Domestic Water and/or Sanitation System Installation Agreement (the "Installation
Agreement") for each.tract within the Project in such form and content as set forth in
Exhibit C attached hereto and by this reference incorporated herein, as amended by
District from time to time. In the event of any inconsistency or ambiguity between the
terms of the Installation Agreement and this Agreement, the terms of this Agreement
shall control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the sanitation facilities and/or sites designated herein. As a part of its
obligations to fund the CEQA process, La Quinta shall prepare or cause to be prepared all
instruments, documents, reports and other like or kind writings required to be prepared
and/or filed by CEQA.
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C. Design and construct, at La Quinta's sole cost and expense, to District
t specifications, a fifteen -inch (15') diameter gravity sewer pipeline along Avenue 54 from
the existing fifteen -inch (15') diameter gravity sewer pipeline located approximately
four hundred feet (400') west of Jefferson Street to the golf course maintenance facility.
The provisions of Paragraph 4 shall apply to the design and construction of the gravity
sewer line.
d. Design and construct, at La Quinta's cost and expense, to District
specifications, a minimum of twenty-four inch (24") diameter gravity sewer pipeline from
an existing twenty-four inch (24") diameter gravity sewer pipeline located on Avenue 52,
approximately 1,800 feet west of Jefferson Street, south within Project to the Coachella
Branch of the All American Canal. The provisions of Paragraph 4 shall apply to the
design of the gravity pipeline.
e. Design and construct, at La Quinta's cost and expense, to District
specifications, a minimum of a twenty-seven inch (27") diameter gravity sewer pipeline
from the twenty-four inch (24") diameter gravity sewer pipeline described in
Subparagraph 2.d., at the canal and extend across the canal and south to the Avenue 53
entrance road and then west to the existing twenty-four inch (24") diameter gravity sewer
main located on Jefferson Street at Avenue 53. The provisions of Paragraph 4 shall apply
to the design and construction of the gravity sewer main. This gravity sewer pipeline
shall be completed prior to District providing sanitation service to the clubhouse and the
mixed use area located northwest of the Project.
f. After completion of the gravity sewer piplines described in
Subparagraphs 2.d. and 2.e., abandon, at La Quinta's sole cost and expense, the remaining
surface appurtenances (after District has removed the reusable items) at the sewer lift
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station located on Avenue 52, approximately 1,800 feet west of Jefferson Street and
abandon in place the existing fourteen -inch (14") sewer force main along Avenue 52 from
sewer lift station to Jefferson Street. The provisions of Paragraph 4 shall apply to the
abandonment of the sewer lift station and the sewer force main.
g. Design and construct, at La Quinta's sole cost and expense, the internal
sanitary sewer system to meet the Project's discharge requirements. The provisions of
Paragraph 4 shall apply to the design and construction of the internal sanitary sewer
system.
3. La Quinta shall do the following for irrigation water service:
a. Execute District's Well Metering Agreement ("Metering Agreement")
with District substantially in the form of the La Quinta Irrigation Well Metering
Agreement, as set forth in Exhibit D, entered into simultaneously with this La Quinta
Metering Agreement for each irrigation well within or supplying water to Project. In the
event of any inconsistency or ambiguity between the terms of the Metering Agreement
and this Agreement, the terms of this Agreement shall control.
b. La Quinta shall act as lead agency for the purpose of complying with
CEQA and all other applicable state and federal environmental laws for the design and
construction of the domestic water facilities and/or sites designated herein. As a part of
its obligations to fund the CEQA process, La Quinta shall prepare or cause to be prepared
all instruments, documents, reports and other like or kind writings required to be prepared
and/or filed by CEQA.
C. La Quinta acknowledges and agrees that the irrigation water service
provided by District is interruptible in nature and La Quinta will maintain an alternate
water supply capable of meeting peak summer demands in "ready" status. If for any
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reason District does not or is not able to deliver irrigation water to La Quints, La Quinta
hereby waives any claim, loss, damage or action it may have against District including,
but not limited to, damages, loss of business, loss of profit or inconvenience (collectively
"Claims"), and La Quinta shall hold District free and harmless from any and all legal
liabilities or economic losses incurred by La Quinta or any other person or entity acting
through La Quinta arising from District's failure to delivery irrigation water to La Quinta,
excluding therefrom any claims incurred by La Quinta arising from District's, its
officers', employees' or agents' gross negligence or willful misconduct in failing to
deliver irrigation water to La Quinta, which result in the failure to deliver irrigation water.
d. District shall have the right, but not the obligation, to conduct a water
audit of the Project once every five (5) years beginning with the execution of this
Agreement to determine if La Quinta is in compliance with the Water Management Plan.
District shall give La Quints thirty (30) days prior written notice of each audit and an
invitation to participate. All costs incurred by District in connection with the audit,
including labor costs, shall be at La Quinta's expense. District shall invoice La Quinta for
the costs incurred herein. La Quinta shall make payment to District within thirty (30) days
of receipt of the billing therefore from District.
As a condition of continued water service, the recommendations, if any,
resulting from the water audit necessary to bring La Quinta into compliance with the
Water Management Plan, must be implemented unless District's General Manager -Chief
Engineer, in his discretion, determines otherwise. La Quinta hereby agrees to undertake
the recommendations set forth in the water audit within thirty (30) days of receipt of the
audit and shall diligently and continuously complete the recommendations unless
La Quinta within thirty (30) days of the receipt thereof, requests, in writing, to be relieved
15
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from the obligation to undertake one or more of the recommendations set forth in the
water audit. Within a reasonable time after receipt of the notice from La Quinta, the
General Manager -Chief Engineer of District will notify La Quinta, in writing, if La
Quinta shall be relieved from the obligations to undertake the recommendations. In the
event District's General Manager —Chief Engineer determines that one or more of the
recommendations must be undertaken, La Quinta shall begin within thirty (30) days of
receipt of District notice and complete the recommendations within the time frame set in
the notice from District's General Manager —Chief Engineer.
e. Pro rats stipulation. It is mutually understood and recognized that
La Quinta will be allowed to distribute irrigation water service throughout Project;
however, only the pro rata amount of irrigation water will be used by La Quinta on the
number of irrigated acres that lie within Improvement District No. 1 (ID No. 1) and the
average plant consumption rate for the turf grown. In addition, canal water shall not
exceed ninety-seven (97) percent of the Project's total water usage. The remaining
amount of water service required for the portion of La Quinta that lies outside of ID No. 1
will be supplied by well water.
f. Outside of improvement district stipulation. To ensure that irrigation
water service supplied by District is not being used outside ID No. 1, La Quinta shall
execute a separate Well Metering Agreement with District in the form provided by
District for each groundwater well supplying La Quinta with well water. The Well
Metering Agreement does not include the conveyance of said metering devices to
District.
g. La Quinta shall employ, at its sole cost and expense, a qualified
professional engineer to plan, design and prepare detailed construction plans and
eng\ap=ts\05UA Quinta Redev
specifications in accordance with District design criteria and standards for the irrigation
works (Works) to the Project. All planning, design work and plans for said Works shall
be subject to review and approval by District prior to the beginning of any construction of
the Works.
The entire cost of the design plans and construction of the irrigation and
telemetry works shall be paid by La Quinta which includes the following improvements:
(i) Abandon Lateral 120.8-0.3 Rt along Avenue 52 between Adams
Street 0.5 (one-half [1/2] mile east of Adams Street) and Jefferson Street.
(ii) Abandon Lateral 120.8-0.3-0.5 Rt along Jefferson Street between
Avenue 52 and Avenue 52.5 (one-fourth [ 1 /4] mile south of Avenue 52).
(iii) Abandon Lateral 120.6 along Adams Street 0.75 (three-quarter
[3/4] mile east of Adams Street) between Avenue 52.25 (one-fourth [ 1 /4] mile
south of Avenue 52) and Avenue 53.
(iv) Abandon Lateral 121.3 along Avenue 53.5 (one-fourth [1/4] mile
south of Avenue 53) between Adams Street 0.50 (one-half [1/2] mile east of
Adams Street) and Adams Street 0.75 (three -fourth [3/4] mile east of Adams
Street).
(v) Abandon Lateral 120.8A (16-inch) along Adams Street 0.50
(one-half [1/2] mile east of Adams Street) between Avenue 52 and Avenue 52.25
(one-fourth [ 1 /4] mile south of Avenue 52).
(vi) Abandon existing vertical 10-inch concrete diameter Delivery
Point No. 1602, located at Adams Street 0.75 (three-quarter [3/4] mile east of
Adams Street) and Avenue 52.25 (one-fourth [ 1 /4] mile south of Avenue 52).
(vii) Replace existing 54-inch diameter concrete pipe with 30-inch
17
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diameter CL 165 DR 25 C-905 PVC pipe for Lateral 120.8 located along. Adams
Street 0.50 (one-half [ 1 /2] mile east of Adams Street) between Avenue 52 and
Avenue 52.25 (one-fourth [1/4] mile south of Avenue 52) if La Quinta is not able
to design around the existing irrigation lateral. If La Quinta is able to design
around the existing 54-inch diameter concrete irrigation lateral, then La Quinta
shall protect the irrigation lateral in place and shall maintain a minimum of 4 feet
of cover over the irrigation lateral and shall maintain the width of the existing
easement for the irrigation lateral. La Quinta shall provide an exhibit showing
actual elevations of top of pipe every 50 feet for the irrigation lateral and show
any other utilities and surface improvements that will be installed within the
existing irrigation lateral easement.
(viii) Modify existing vertical 10-inch concrete diameter Delivery Point
No. 1601, located at Adams Street 0.50 (one-half [1/2] mile east of Adams Street)
and Avenue 53.5 (one-fourth [1/4] mile south of Avenue 53) with a 12-inch
diameter line meter, gate valves, and extend an 18-inch C905 CL 165 DR 25 PVC
pipe and all related appurtenances per District standard to the new meter.
(ix) Modify existing L-4 Pump Station Wet Well, located at Adams
Street 0.50 (one-half [ 1 /2] mile east of Adams Street) and Avenue 52.25
one-fourth [1/4] mile south of Avenue 52) and extending an 18-inch diameter
ductile iron pipe and 12-inch line meter, gate valves and all related appurtenances
per District standards.
(x) Upgrade existing L-4 electrical panel to accommodate increased
loading.
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(xi) In addition to modifying the existing meters, La Quinta agrees to
pay all costs for District forces to furnish and install telemetry equipment at said
delivery point 1601, if needed, for the purpose of conveying canal water to
La Quinta. La Quinta shall pay the entire cost of the plans and construction to
extend irrigation water service to the property. The estimated cost for District
forces to install the telemetry equipment is thirty-five thousand dollars ($35,000)
per delivery point. This cost is District's best estimate of the cost including
indirect costs and overhead of the proposed work. However, La Quinta will be
responsible for payment of the actual cost of the work. If the cost exceeds the
deposit, La Quints will be billed and if it is less than the deposit, the balance will
be refunded to La Quinta.
h. Before the release of any construction plans, La Quinta shall, at its sole
cost and expense, provide Bureau of Reclamation with a ten (10) foot wide easement for
the new delivery point, as outlined in Subparagraph 3.g.viii.
i. Before the release of any construction plans, La Quinta shall at its sole cost
and expense vacate the existing easement for the portion of the existing irrigation laterals
that will be abandoned as described in Subparagraphs 3.g., i, ii, iii, iv, v and vi. In
addition, La Quinta shall provide District with the required documentation for
abandoning easements. Said abandoned easements shall be in recordable form and shall
be executed by or on behalf of La Quinta.
j. La Quinta agrees that no improvements may be constructed within the
Bureau of Reclamation easements without written consent by District. This includes, but
is not limited to, street, curb, gutter, sidewalk, landscaping, buildings, walls and other
permanent structures.
19
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k. La Quinta hereby acknowledges and agrees that any portion of the delivery
system to District's metered delivery points, installed by or on behalf of District on the
Project, is the property of District, notwithstanding the funds necessary to construct the
delivery system that came from La Quinta. La Quinta shall, upon receipt of a notice,
execute any further instruments as may be necessary to indicate District's ownership of
the delivery system to District metered delivery points installed by or on behalf of
District. This includes, but is not limited to, receipt of declarations by La Quinta or
La Quinta's Contractor who furnished materials in the construction of the delivery system,
showing payment in full and, prior to the release of the construction plans, La Quinta
shall deliver to District a Bill of Sale which conveys title of the delivery system to
District's metered delivery points to District.
1. District shall not be liable for the replacement of surface improvements,
which District may be required to remove in the future to gain access to the delivery
system. La Quinta waives the right to claim, loss, damage or action against District
arising out of or resulting from the removal or destruction of surface improvements or any
action of District, its rights hereunder and La Quinta hereby agrees to indemnify and hold
harmless District against and pay in full all loss, damage or expense that District may
sustain, incur, become liable for arising out of or in connection with the rights provided
for hereunder.
In. Upon acceptance of the delivery system by District as hereafter described,
the Project shall be placed on the water availability roll.
n. La Quinta acknowledges that the Project must be irrigated by a method
that does not permit unreasonable use or waste of water. Only sprinkler or drip irrigation
will be permitted, except for lake filling purposes.
20
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o. La Quints shall provide groundwater protection from nitrates and
pesticides leaching into the groundwater by employing the use of Best Management
Practices (BMPs) as established by the University of California Turf Grass Research,
which are attached hereto on Exhibit E and by this reference incorporated herein. District
reserves the right to substitute or modify the attached Exhibit "E" within sixty (60) days
prior written notice to La Quinta. An evaluation of the Project's BMPs may occur during
the water audit. All costs of the evaluation shall be at the expense of the La Quinta.
P. In the event of a shortage of available irrigation water, except as otherwise
required by law, regulation or court order, the following irrigation water uses shall have
priority to use irrigation water over the Project:
(i) Agricultural uses in existence as of the date of this Agreement.
(ii) Agricultural uses converted to nonagricultural uses prior to the date
of this Agreement.
(iii) Nonagricultural uses in existence prior to the date of this
Agreement. During such periods of shortage, irrigation water for the Project may
be supplied by non -District -owned wells.
q. District shall bill La Quinta monthly for the delivery of Irrigation Water to
La Quinta. The irrigation water statement shall include (1) the irrigation water delivery
dates, (2) water tolls and charges, (3) the amount of irrigation water consumed in
acre-feet and (4) the amount to be paid by La Quinta.
r. Prior to releasing the construction plans to receive irrigation water service,
La Quinta shall, at its own cost and expense, apply for and obtain all necessary consents,
easements, approvals, permits, authority, licenses or entitlements ("Permits") from all
appropriate governmental authorities including, but not limited to the Bureau of
21
englagrmnts\05\1a Quinta Redev
Reclamation, required to allow District to deliver irrigation water to the Project,
including, but not limited to, the construction of the delivery system. District shall have
no obligation to provide irrigation water service to the Project until District receives the
easements and necessary authorizations issued by said governmental authorities.
La Quinta shall comply with and conform to all laws and regulations, including, but not
limited to, any and all requirements and orders of all federal, state and local boards or
authorities, present and future, in any way relating to the use of irrigation water, and
La Quinta shall hold District free and harmless from any loss, damage or liability arising
therefrom or in connection therewith.
S. La Quinta hereby grants to District, its officers, employees and agents, a
nonexclusive easement for vehicular (excluding vehicles with a gross laden weight of
more than six thousand [6,000] pounds) and pedestrian ingress and egress to gain access
to the District's irrigation facilities, equipment and appurtenances for the purpose of
performing the activities set forth in this Agreement over those portions of the Project
described within Exhibit ' F" and depicted within Exhibit "G" hereto (the "Access
Easement Area"). District agrees to use and cause its officers, employees and agents to
use the Access Easement Area in such a manner as to not unreasonably disrupt golf play
on the Project. In addition, District agrees to indemnify, defend and hold harmless
La Quinta from any cost incurred or suffered by La Quinta as a result of damage or injury
to persons or property as a result of District, its officers, employees and/or agents
exercising its nonexclusive right of ingress and egress described herein, excluding
therefrom any Claims incurred by District arising from La Quinta's, its officers',
employees' or agents' gross negligence or willful misconduct.
22
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t. Upon receipt of notice of completion of construction of the delivery
system, which District shall inspect during construction; any variation from District's
standards shall be called to La Quinta's attention and shall be remedied by La Quinta in
accordance with District's requirements. When the delivery system meets District
standards, District shall accept the delivery system for purposes of ownership, operation
and maintenance, provided, however, that charges for the cost of operating, maintaining,
repairing and replacing the delivery system may, in the future, be added to charges for
water service to the Project, as part of a District -wide policy. The Bill of Sale for the
delivery system shall be provided to District prior to the release of the final construction
notice for the delivery system.
4. The following shall apply to the design and construction of the domestic water,
sanitation and irrigation facilities:
a. For each improvement or facility (including landscaping) La Quinta is
required to design the following provisions shall apply:
(i) La Quinta shall employ, at its sole expense, a qualified professional
engineering firm ("La Quinta's Engineer") to plan, design and prepare detailed
construction plans and specifications for the improvement in full and complete
accordance with District's design criteria and standards. La Quinta's Engineer
shall complete the design and detailed construction plans and specifications and
the same shall be submitted to District as set forth below. All such planning and
design work and detailed construction plans and specifications performed and
prepared by La Quinta's Engineer shall be subject to review and written approval
by District prior to the beginning of any construction of the specific improvement.
District shall approve or disapprove the construction plans and specifications
23
eng\aV=ts\05\Ia Quinta Redev
within a reasonable amount of time after submittal to District. In the event
District disapproves the plans and specifications, La Quinta shall modify the plans
and specifications in accordance with the reasons given for disapproval and shall
within thirty (30) days after disapproval by District submit the revised
construction plans and specifications to District for approval or disapproval. The
foregoing procedure shall be continued until the construction plans and
specifications have been approved by District. LA QUINTA HEREBY
ACKNOWLEDGES AND UNDERSTANDS THAT DISTRICT MAY
APPROVE OR DISAPPROVE OF DEVELOPER'S PLANNING AND
DESIGN WORK AND/OR PLANS AND SPECIFICATIONS, IN ITS SOLE
AND ABSOLUTE DISCRETION. All cost and expense of District's review
(including, but not limited to, District's agents, employees and independent
contractors) shall be deducted from the Deposit (as defined in
Subparagraph b.(ii)(x) below). La Quinta represents that the plans and
specifications will conform to all applicable federal, state and local governmental
rules, ordinances and regulations and all applicable environmental protection
laws. La Quinta's submission of the plans and specifications to District shall
evidence La Quinta's representation and warranty to District that the plans and
specifications are to the best of La Quinta's knowledge, after due inquiry,
complete, accurate, workable and are in compliance with all governmental
requirements with respect thereto.
b. For each facility, La Quinta is to construct and/or install, the following
provisions apply:
(i) Following receipt of District's approval of the design and
24
eng\ag =ts\05\La Quinta Redev
construction plans and specifications for each improvement:
A. La Quinta shall employ, with written concurrence of
District, a qualified and properly licensed contractor or contractors
(hereinafter referred to collectively as "La Quinta's contractor") to
construct and complete the improvement.
B. Once construction and/or installation of the improvement
has commenced, La Quinta shall diligently prosecute the same to
completion at no cost or expense to District in conformance with the laws,
rules and regulations of all governmental bodies and agencies.
C. La Quints shall directly pay all costs associated with the
construction of the improvements, (and any of them), including but not
limited to, furnishing of materials, and La Quinta shall keep District free
and harmless from such costs.
D. Each improvement shall be installed in strict compliance
with the plans and specifications. Any deviations from the approved plans
and/or specifications must be approved by District, in writing, prior to
being made.
E. La Quinta hereby irrevocably appoints District to inspect
the furnishing and installation of the improvement. It is understood and
agreed that District's inspection personnel shall have the authority to
enforce the construction plans and specifications, which authority shall
include requiring that all unacceptable materials, worlananship and/or
installation be replaced, repaired or corrected by La Quinta's contractor.
All reasonable cost and expense of District's inspection (including, but not
25
eng\agrmnts\05\La Quinta Redev
limited to, District's agents, employees and independent contractors) shall
be deducted from the Deposit [as defined in Subparagraph C.(x) below].
District's inspection does not include inspection for compliance with safety
requirements by La Quinta's contractor. Any inspection completed by
District shall be for the sole use and benefit of District, and neither
La Quinta nor any third party shall be entitled to rely thereon for any
purpose. District does not undertake or assume any responsibility for or
owe a duty to, select, review or supervise the creation of the improvement.
F. La Quinta's Engineer shall provide to District all field
engineering surveys associated with the construction of the improvement
at La Quinta's sole cost and expense. La Quinta shall promptly furnish to
District all field notes and grade sheets, together with all location, offset,
and attendant data and reports, resulting from La Quinta's Engineer's field
engineering surveys and/or proposed facility design changes, all of which
have been prepared in accordance with generally accepted engineering
practices, and allow District sufficient time to approve or make any
required facility design changes resulting therefrom prior to construction.
Any inspection or review pursuant to this subparagraph shall be for the
sole use and benefit of District, and neither La Quinta nor any third party
shall be entitled to rely thereon for any purpose.
(ii) Before the release of any construction plans, La Quinta, at its sole
cost and expense, shall furnish to District easement document(s), satisfactory to
District as to content, form, location and width, which have been duly executed by
the property owner(s) and which assure District's unequivocal right to own,
26
eng\agrmnts\05UA Quinta Redev
operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the
improvement. La Quinta shall ensure that all deeds of trust and mortgages are
subordinated to the easements set forth in this subparagraph (b).
(iii) La Quinta's contractor shall be required to repair the improvement
which have been damaged by any party prior to District's final acceptance of the
improvement (or any of them) covered hereby. The final acceptance shall follow
final inspection and testing of such improvement after completion of the
improvement at issue. La Quinta specifically agrees to make, or require
La Quinta's contractor to make, corrections and/or repairs prior to final acceptance
determined to be necessary by District inspection personnel, without cost to
District, and to provide a one-year (following date of final acceptance by District)
materials and workmanship guarantee providing that La Quinta or La Quinta's
contractor will repair, at its or their expense, all failures of any improvement
which was furnished, installed and/or constructed due to faulty materials or
installation, within said one-year period. In the event La Quinta or La Quinta 's
contractor fails to cause satisfactory repair, as determined by District, within
forty-eight (48) hours after written notice or such longer period of time as District
may reasonably determine, District may cause such repairs to be completed at
La Quinta's cost and expense. Notwithstanding the above -provided -for forty-eight
(48) hour or other specified repair period, District shall have the unqualified right
to immediately make any emergency repairs necessary to eliminate any threat to
the public's health, safety or welfare, at La Quinta's cost and expense. Nothing in
this subparagraph shall limit or abrogate any other claims, demands or actions
District may have against La Quinta or La Quinta's contractor on account of
27
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damages sustained by reason of such defects, nor shall the provisions of this
paragraph limit, abrogate or affect any warranties in favor of District which are
implied by law or set forth in any construction agreement.
(iv) La Quinta shall, upon request by District, furnish District with such
information as La Quinta possesses or has available to it from any consultants,
engineers, contractors or other persons engaged by or under the control of
La Quints relating to the environmental assessment relative to the creation of the
improvements covered by this Agreement. In this regard, nothing herein
contained shall be construed or interpreted to require District to take or participate
in any legal action for the purpose of securing approval for the improvement.
(v) La Quinta shall assume the defense of, indemnify and hold
harmless District and its officers, directors, administrators, consultants, engineers,
employees and agents, and each and every one of them, from and against all
actions, damages, claims, losses and expenses of every type and description to
which they may be subjected or put, by reason of, or resulting from, this
Agreement and the design, engineering and construction of the improvement. No
provision of this Agreement shall in any way limit the extent of the responsibility
of La Quinta for payment of damages resulting from its operations or the
operations of any of its contractors, engineers, agents or employees. La Quinta
further covenants and agrees to pay, or to reimburse, District, its agents,
employees, engineers, consultants, officers, directors and administrators, for any
and all costs, attorneys' fees, liabilities or expenses in connection with the
investigating, defending against or otherwise in connection with any losses,
claims, damages, liabilities, expenses or actions, arising out of or in connection
eng\ag =ts\05\La Quinta Redev
with La Quinta's obligations pursuant to this Agreement, except liability arising
through the sole negligence or willful misconduct of District, its agents,
employees, engineers, consultants, officers, directors and administrators. District
shall have the right, at La Quinta's expense, to commence, to appear in, or to
defend any action or proceeding, arising out of and in connection with the
Agreement, and in connection therewith, may pay all necessary expenses if
La Quints fails upon reasonable notice to so commence, appear in or defend any
action or proceeding with counsel reasonably acceptable to District. La Quinta
shall be furnished with copies of bills relating to the foregoing upon request.
(vi) Prior to the release of the construction plans for the domestic
water, sanitation and irrigation facilities, La Quinta shall furnish to District an
irrevocable letter of credit ("LOC") or a certificate of deposit ("CD") from a bank
or savings and loan located and doing business in the state of California and
acceptable to District, naming District as sole beneficiary with the exclusive right
of withdrawal according to the following: in the amount of two thousand dollars
($2,000.00) or 5 percent (5%) of the amount of each construction contract for the
domestic water, sanitation and irrigation facilities, whichever is greater, as
security for the purpose of guaranteeing the completion of construction; said
security shall provide that District has the absolute right five days after the
mailing of a written notification to La Quinta by certified mail at La Quinta's
address herein to draw all or a portion of the funds represented by the security as
may be necessary to complete construction, including administrative and all other
costs for each of the domestic water, sanitation and irrigation facilities; each LOC
or CD shall be issued or delivered, on a case by basis, for each contract based on
29
en&g to IA Quinta Redev
the construction required as outlined in the applicable Appendix attached hereto;
said security, less draws, if any, will be returned to La Quinta, on a case -by -case
basis, upon acceptance of each of the domestic water, sanitation. and irrigation
facilities, meaning that the LOC or CD shall be released for each contract as the
facility covered by the contract is accepted by District. A preconstruction
conference shall be held with District and the contractor prior to start of
construction.
(vii) La Quinta shall carry and maintain, at La Quinta's sole cost and
expense, until all of the improvements and/or facilities have been installed or
completed, not less than the following coverage and limits of insurance which
shall be maintained with insurers and under forms of policies satisfactory to
District:
A. Worker's Compensation and Employer's Liability.
by law.
(1) State Worker's Compensation - coverage as required
(2) Employer's Liability with limits of at least
$1,000,000 per occurrence.
B. Automobile Liability for Bodily Injury and Property
Damage - $5,000,000 per person, $10,000,000 per occurrence.
C. General Liability for Bodily Injury and Property Damage -
$5,000,000 per person, $10,000,000 per occurrence.
These policies may contain an aggregate limit not less than
the occurrence limit. The required limits may be satisfied by a
combination of a primary policy and an excess or umbrella policy.
30
eng*V=ts\05\La Quinta Re&v
A. All insurance required pursuant to the express provisions of
this Agreement shall:
(1) Provide that coverage shall not be revised, cancelled
or reduced until at least thirty (30) days written notice of such
cancellation shall have been given to District.
(2) Be issued by the Joint Powers Insurance Authority
which is qualified to do business in the State of California and
whose financial stability is evaluated on a yearly basis by an
independent actuarial study and satisfactory to the District.
(3) Be reasonably satisfactory to District in all other
reasonable respects.
B. The Memoranda of Coverage or Evidence of Coverage
letter, required pursuant to this Agreement, together with evidence of
payment of premiums, shall be provided to District prior to the
commencement of any term of this Agreement.
C. The general liability insurance to be maintained by
La Quinta pursuant to this section above shall:
(1) Name District as an additional covered party under
the Memorandum of Coverage.
(2) Apply severally to La Quints and District.
(3) Cover La Quinta and District as protected parties in
the same manner as if each are a member of the Joint Powers
Insurance Authority.
31
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(4) Contain no provisions affecting the rights which
either of them would have as claimants if not so named as
protected parties.
(5) At such time as there is a duty to defend
or indemnify under this indemnification agreement
outlined in this contract, then the liability afforded
under the Joint Powers Insurance Authority
Memorandum of Coverage would be primary and any
other valid and collectible insurance available to the
District shall be excess.
(ix) Upon completion of the improvements (or any of them),
La Quinta shall notify District of such completion, in writing, and cause
contractors and all subcontractors and materialmen to provide lien and
material releases.
(x) Concurrently with La Quinta's execution of this Agreement,
La Quinta shall deposit with District a minimum sum of two thousand
dollars ($2,000.00) ("Deposit"). The Deposit shall be held by District for
all costs and expenses of District arising out of or in connection with the
review of plans and specifications, engineering, surveys, field notes and
grade sheets, inspections of the improvements and any matter related to or
arising out of the same. La Quinta hereby authorizes District to use, apply
or retain all or any part of the Deposit to offset its costs and expenses
related to the foregoing duties. District shall not be required to keep the
Deposit separate from its general funds, and La Quinta shall not be entitled
32
eng\agrmnts\05'" QWnta Redev
to interest on the Deposit. If there are any funds left in the Deposit after
the completion or acceptance of the improvements, such excess shall be
returned to La Quinta within thirty (30) days following completion and
acceptance of the improvement. If further funds are necessary, La Quinta
shall, within thirty (30) days after written demand therefor, deposit cash
with District in an amount which District considers sufficient to pay for
the costs and expenses to be included hereunder.
(xi) Prior to the release of the construction plans to the improvements
(or any of them), La Quinta shall execute a bill of sale CUR of Sale,) in the form
and content acceptable to District. The Bill of Sale shall convey title to each
improvement to District at no cost and expense to District. Each improvement
shall be transferred to District free and clear of all liens and encumbrances.
5. District shall do the following for domestic water service:
a. Construct two (2) domestic wells and pumping plants with on -site backup
generators, complete with necessary appurtenances, on two (2) of the six (6) sites
provided by La Quinta described in Subparagraph Lc in accordance with the schedule on
Appendix A. Each well will be operational within one (1) year of the date of La Quinta
providing the necessary advance payments; however, District shall not be liable for the
failure to meet this schedule and La Quinta hereby waives and releases, indemnifies and
holds District and its officers, directors, employees, agents, successors and assigns
harmless from all debts, liabilities, obligations, costs, expenses (including, but not limited
to, attorneys' fees), damages, claims, actions or causes of action arising out of or in
connection with the failure to complete the well improvements within one (1) year of the
date of La Quints providing the necessary advance payments.
33
engts\05\La Quinta Redev
b. Provide the fire flow of one thousand five hundred (1,500) gallons per
minute (gpm) and four thousand (4,000) gpm for two (2) hours for the two thousand
seven hundred (2,700) square foot clubhouse and multi -story hotel, respectively, to said
Project subject to La Quinta constructing the reservoir, reservoir pipeline and all pipelines
and La Quinta providing payment for the two (2) wells and pumping plants (or
completion of the two (2) well pumping plants if construction option described in
Subparagraph I.d. is used) subject to circumstances within the control of District. Said
fire flow shall not be available prior to the completion of all pipelines, and payment for
the two (2) wells and pumping plants (or completion of the two (2) well pumping plants
if construction option described in Subparagraph 1.d. is used) in accordance with the
schedule in Appendix A.
C. Consider one hundred percent (100%) of the actual cost, exclusive of
engineering, inspection and surveying of the two (2) wells and pumping plants, described
in Subparagraphs 1.d., as credit towards the Dwelling Unit Charge of the Water System
Backup Facilities Charge less the Supplemental Imported Water Supply Component at
the charge in effect on the day each facility is placed into service in District's system for
the Project. No refund or transfer of this credit will be made outside the Project. Should
the cost of constructing the well and pumping plants be less than the advance payment
described in Subparagraph 1.d., excess deposits monies shall be refunded to La Quinta.
d. In the event the construction costs determined above for the wells and
pumping plants described in Subparagraph 1.d. exceed the Dwelling Unit Charge of the
Water System Backup Facilities Charge, less the Supplemental Imported Water Supply
Component for the Project, District will not pay the additional construction costs for the
two (2) wells and pumping plants, reservoir, reservoir pipeline and pipelines described in
34
eng*pmnts\05\U QWnta Redev
Subparagraph l.d.
6. District shall do the following for sanitation service:
a. Convey a grant deed to La Quinta (depending on location of temporary lift
station) for the temporary lift station described in Subparagraph 2.e. at such time that the
gravity sanitary sewer pipeline described in Subparagraph 2.d. is accepted for operation
and maintenance.
b. Remove the reusable items at the lift station at no cost to La Quinta at such
time that the gravity sanitary sewer pipeline described in Subparagraph 2.d. is progressed
for service. The removal of the remaining surface appurtenances at the lift station will be
at La Quinta's sole cost and expense.
C. Consider the difference in pipeline cost exclusive of engineering,
inspection and surveying between a ten -inch (10") diameter gravity sewer pipeline and a
twenty-seven inch (27") diameter gravity sewer pipeline described in Subparagraph 2.c.
as credit toward the Collection System Component of the Sanitation Capacity Charge at
the charge in effect on the day the pipeline is placed into service in District's system. No
refund or transfer of this credit will be made outside the Project.
d. In the event the actual difference in construction cost between a ten -inch
(10") diameter gravity sewer pipeline and a twenty-seven inch (27") diameter gravity
sewer pipeline, exclusive of engineering, inspection and surveying, described in
Subparagraph 2.e. exceeds the Collection System Component of the Sanitation Capacity
Charge, District will not pay the additional construction costs.
e. Determine the cost of the pipeline subject to consideration, based on
La Quinta either from the lowest, responsible bid, from a publicly bid contract or by
providing three (3) bids to District prior to the start of construction. District will review
35
eng\agr=ts\05UA Quinta Redev
and approve the bids as a basis of the lowest costs.
7. The following general provisions shall also apply:
a. La Quinta shall provide written notification to the District of any
assignment of its rights or duties hereunder to any person or entity. The District shall
acknowledge receipt of the assignment in writing.
b. Subject to the foregoing, this Agreement shall bind and inure to the benefit
of the assigns, successors and representatives of the parties.
C. All notices provided for hereunder shall be in writing and mailed
(registered or certified, postage prepaid, return receipt requested), or by express carrier
(return receipt requested) or hand delivered to the parties at the addresses set forth below
or at such other addresses as shall be designated by such party and a written notice to the
other party in accordance with the provisions of this section. All such notices shall, if
hand delivered, or delivered by express carrier, be deemed received upon delivery and, if
mailed, be deemed received three business days after such mailing.
DISTRICT:
Coachella Valley Water District
Attention: Steve Robbins, General Manager -Chief Engineer
Post Office Box 1058
Coachella, California 92236
LA QUINTA:
La Quinta Redevelopment Agency
Attention: Tom Genovese, Executive Director
Post Office Box 1504
La Quinta, California 92247-1504
d. This instrument, together with the exhibits attached hereto and other
writings referenced herein, contain the entire agreement between the parties relating to
the subject matter hereof and supersede any and all prior agreements between the parties,
36
eng\ag=ts\05\L,a Quinta Redev
oral or written, and any and all amendments thereto. Any oral representations or
modifications concerning this instrument shall be of no force and effect excepting a
subsequent modification in writing, signed by the parties to be charged.
e. In the event of any litigation or other action between the parties arising out
of or relating to this Agreement or the breach thereof, the prevailing party shall be
entitled, in addition to such other relief as may be granted, to its reasonable costs and
attorneys' fees.
f. The invalidity or illegality of any provisions of this Agreement shall not
affect the remainder of this Agreement.
g Each party hereto agrees to execute and deliver such other documents and
perform such other acts as may be necessary to effectuate the purposes of this Agreement.
h. The captions contained in this Agreement are for convenience of reference
only and shall not affect the interpretation of this Agreement or limit or amplify any of its
terms or provisions.
i. This Agreement is entered into within the State of California, and all
questions concerning the validity, interpretation and performance of any of its terms or
provisions or any of the rights or obligations of the parties hereto shall be governed by
and resolved in accordance with the laws of the State of California.
j. Should public funds be used in the construction of any particular domestic
water, sanitation or irrigation facility at any given time, require that any contractor under
its employ for the construction of such facilities shall comply with the provisions of the
Labor Code of the State of California regarding prevailing wages, minimum wages; the
8-hour day and 40-hour week, overtime, Saturday, Sunday and holiday work; and
nondiscrimination because of race, color, national origins, sex or religion.
37
eng\aV=ts\05\La Quinta Redev
k. Subject to the obligations of La Quinta set forth herein, upon accepting
title to the domestic water and sanitation systems and facilities described above in this
Agreement, District shall assume all rights and obligations of ownership including,
without limitation, the operation of the system at no further cost to La Quinta.
1. Whenever in this Agreement the approval or consent of District is
required, or some other action is required to be undertaken by District, as a condition to
the commencement of work or consummation of some other event, District shall act in a
timely manner in taking such action or in its consideration of such approval or consent.
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
COACHELLA VALLEY WATER DISTRICT
M.
Date
PLEASE ATTACH APPROPRIATE
NOTARIAL CERTIFICATES
LA QUINTA REDEVELOPMENT AGENCY
I0
Date
C0:1es\eng\agrnmts\05V.a Quinta Redev
38
APPENDIX A
Construction and/or design of
the facility described under
Item (a) must be completed
before water service is initiated
Reference
to the following Units within
Facilities Item (a)
Subparagraph
the Project*
1
Design and construct 15-inch diameter gravity
2.c.
**
sewer pipeline
2
Design and construct 24-inch diameter gravity
2.d
sewer pipeline
3.
Design and construct 27-inch diameter gravity
2.e.
sewer pipeline
4.
Dedicate Well Site No. 1 and construct site
im rovements
5.
Well and Pumping Plant No. 1 with on -site
1.d.
1
backup generator
6.
Dedicate Well Site No. 2 and construct site
.
rovements
7.
Well and Pumping Plant No. 2 with on -site
l.d.
300****
backup generator
8.
18-inch diameter pipeline
1.n.(i)
1
9.
18-inch diameter pipeline
1.n.(ii)
**
10.
18-inch diameter pipeline
l.n.(iii)
**
11.
18-inch diameter pipeline
l.n.(iv)
**
12.
18-inch diameter pipeline
l.n.(v)
**
13.
Dedicate Well Site No. 3 and construct site
l.c.
***
im rovements
14.
Dedicate Well Site No. 4 and construct site
I.C.
***
im rovements
15.
Dedicate Well Site No. 5 and construct site
I.C.
***
improvements
16.
Dedicate Well Site No. 6 and construct site
l.c.
***
improvements
17.
Booster Station/Pressure Reducing Station site
I.C.
***
*Certain items may require design only. Approval of designs will be required by District before service is
provided to the specified Units within the Project.
**As development progresses for sewer and water and/or to meet fire flow requirement for the water system.
* "Well sites are a function of acreage and not units. Well sites will be dedicated even if ultimate units are not
reached. Similarly, if additional units are added within the existing project acreage, no additional well sites will
be required.
****These units may be any combination of the hotel, timeshare units, permanent clubhouse, conference
center, commercial/retail center and maintenance facility.
39
ro-ifc\mv\aarmntc\(K\T it (hiinta RPAP.v
LEGAL DESCRIPTION
CO:les\eng\agrmnts\05\L.a Quinta Rodeo
,e
EXHIBIT B
PROJECT LOCATION MAP
CO:les\eng\aVr is\05\L,a Quinta Redev
41
EXHIBIT C
STANDARD DOMESTIC WATER AND/OR
SANITATION SYSTEM INSTALLATION AGREEMENT
CO:les\eng\agrmts\05\L,a Quinta Redev 42
1*:4:I1 )Y1�
WELL METERING AGREEMENT
co:les\eng\agnnnts\05V.a Quinta Redev 43
EXHIBIT E
BEST MANAGEMENT PRACTICES
CO:les\eng\agrmnts\OSUA Quinta Redev 44
EXHIBIT F
ACCESS EASEMENT AREA
CO:les\eng\agrmnts\05\La Quinta Redev 45
EXHIBIT G
DEPICTION OF ACCESS EASEMENT AREA
C0:les\.eng\aV=ts\05UA Quinta Redev 46
EXHIBIT E
Best Management Practices
1. Apply frequent light rates of N.
2. Use slow -release fertilizers.
3. Avoid fertilizing during periods when turf grass is naturally slow growing, dormant or
stressed.
4. Avoid fertilizing when rain is forecasted.
5. Conservatively irrigate greenbelt areas to save water and reduce leaching. Limit irrigation
to the amount necessary to replace moisture used by the plant. Irrigate according to ET and
soil infiltration rates. Maintain the highest possible irrigation distribution. Try not to have
irrigation application rate exceed soil infiltration rate by using multiple, short run times.
6. Use less energy demanding plants where possible and reduce the scope of the "heavily
managed" areas.
7. Reduce annual N application rates as much as possible.
8. Minimize the reduction of growth of base turf areas during preparations of overseeding.
9. Reduce the amount of area within greenbelt areas that is overseednd.
10. Install under -drain system to collect the leachate from areas of the greenbelt areas that may
be susceptible to leaching. The leachate should be properly disposed of through irrigation
via infiltration through a proper soil profile.
11. Develop collection ponds to collect surface runoff and if necessary, install impervious
liners to prevent groundwater leaching.
12. Collect runoff from sensitive areas and pass it through grassed swales or vegetated buffer
strips.
13. As a condition of service, the recommendations of Best Management Practices must be
implemented unless the general manager — chief engineer finds it would be a hardship.
47
CO:1es\eng\agrmnts\06\L,a Quinta Redev
4
COUNCIL/RDA MEETING DATE: May 3, 2005
ITEM TITLE: Approval of Contract Change Orders to Weitz
Golf for SilverRock Resort, Project No. 2002-07C
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve Contract Change Order (CCO) Nos. 63 (Attachment 1) and 66
(Attachment 2) in the total amount of $428,352 for temporary systems and storm
damage repair work for the SilverRock Resort, Golf Course No. 1, Project No.
2002-07C.
FISCAL IMPLICATIONS:
On February 15, 2005, the Agency appropriated $1.2 million from Redevelopment
Project Area No. 1 Reserves and $400,000 from Redevelopment Project Area No. 2
Reserves for the SilverRock Resort project. At that time staff indicated additional
appropriations may be necessary in the future for pending claims from the golf
course contractor, Weitz Golf. These CCO's are part of those claims however,
staff is not recommending an additional appropriation or a reduction of Phase II
funding to pay these claims as adequate funding is available to cover these claims.
BACKGROUND AND OVERVIEW:
In order to meet the Agency's scheduled opening of the Arnold Palmer Classic
Course at SilverRock Resort, a number of measures were taken to construct the
golf course and related improvements within the time frame required to grass the
golf course for play in early 2005. CCO's to Weitz Golf for additional work
including temporary services and storm damage repairs have been negotiated while
accelerated schedule costs are presently under negotiation and will be brought
before the Agency at a future date. CCO No. 66 in the amount of $295,235 is for
temporary irrigation systems (i.e., pumps and generators) that were required for
work out of sequence due to delays from CVWD and the Bureau of Reclamation to
gain access to the All American Canal right-of-way. Temporary systems for delays
caused by Wood Brothers, who were unable to deliver mass graded golf holes on
time due to delays from conflicts with Verizon facilities, have been negotiated
under a separate CCO in order to facilitate the Agency's delay claim to Verizon.
Additionally, Weitz Golf has submitted a claim with supporting documentation in
the amount of $133,1 17 for storm damage repairs made to the project after this
winter's rains. This additional work is covered by CCO No. 63. Staff has worked
closely with Heinbuch Golf in resolving these claims and concurs in their
assessment that the requested amounts are legitimate for additional costs that
Weitz Golf incurred as a result of the delays and storm damage to the project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve Contract Change Order Nos. 63 and 66 in the total amount of
$428,352 for temporary systems and storm damage repair work for the
SilverRock Resort, Golf Course No. 1, Project No. 2002-07C and appropriate
$428,352 from Phase II of the SilverRock Resort Project to cover these
costs; or
2. Do not approve Contract Change Order Nos. 63 and 66 in the total amount
of $428,352 for temporary systems and storm damage repair work for the
SilverRock Resort, Golf Course No. 1, Project No. 2002-07C and do not
appropriate $428,352 from Phase II of the SilverRock Resort Project to cover
these costs; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. J a s n, P.E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Contract Change Order No. 63
2. Contract Change Order No. 66
S:\CityMgr\STAFF REPORTS ONLY\5-3-05\C12 Weitz CCO.doc 2
J
ATTACHMENT
CONTRACT: SilverRock Resort Golf Course Construction
PROJECT NO. 2002 — 07C
CONTRACTOR: Weitz Golf International
Sheet 1 of 1
CONTRACT CHANGE ORDER NO. # 63
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
Weitz Golf provided labor, equipment, and materials to repair storm damage caused by a number of rain events during
the months of Sept, Oct; and Nov through -out the golf course.
See Attached
No Additional compensation is associated with this change order
akdrdir*WWWWdEakW#Wdlr��cdicakdE�r�IEak�ks.r.,�.i..r.������dr9ledEdE�dk�cakdeak*�r�c�cdEdcdk�de�IEdc�ak�c�k�k�rdeik�k9E�r�k�rdcdcdcdE�rdc�kakdedcdr�IrdE�cak�k*�rdE9r*dr
Previous Contract Amount Through Change Order No. 62 $12,83 %3 82.62
Add This Change Order No.63 L133,117.08
Revised Contract Total $ 12 972,499.70
By reason of this contract change order the time of completion is adjusted as follows: 0 days added/deleted to contract time.
The original contract completion date is:11105104
The revised contract completion date shalt be: 01-15-05
Submitted By: Date:
Approved By: Date:
We, the undersigned Contractor, have given cdre, jr ' erQtion to the change proposed and hereby agree, if this proposal is approved that we will
provide all equipment, furnish all materia ept as may be noted above, andperform all services necessary to complete the above
specified work, and hereby ac nt t amount sh wn above, which includes all direct and indirect overhead expenses for any delays.
Accepted By: Title.
• Date: �)Zoos
Contractor: eitz Golf International
3
ATTACHMENT 2
1 1 r
-sue 6
Sheet 1 of I
CONTRACT: SilverRock Resort . Golf Course Construction
PROJECT NO. 2002 — 07C
CONTRACTOR: Weitz Golf International
CONTRACT CHANGE ORDER NO. # 66
Pursuant to the terms ofthe original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
Weitz Golf expenses incurred to provide labor and equipment to install and operate temporary irrigation hump &pipe
due to delays with CVWD approval, Survey staking, BOIL approval, and Hope design changes. (Willa F Lake #3), lake
fill pumps & pipe (#17 irrigation lake), hole #2 lake, and village lakes #3 & #1. Temporary services include temporary
generators used to power golf irrigation controllers (Hole #12 & A) and the main irrigation pump station. All generator
& pump credits have been included. Original time period for temu services was 3 mos.
Actual rental period was 7 mos. See Attached
No Additional compensation is associated with this change order
Previous Contract Amount Through Change Order No. 65
$13,2243,949.70
Add This Change Order No.66
$ 295,235.19
Revised Contract Total
$ 13, 5209184.89
By reason of this contract change order the time of completion is adjusted as follows: 0 days added/deleted to contract time.
The original contract completion date is: 11/0"4
The revised contract completion date shall be: 01-15-05
Submitted By: Date:
Approved By: . Date:
We, the undersigned Contractor, have given carefu rend lion to the change proposed and hereby agree if this proposal is approved that we will
provide all egufpment, furnish all mat t as may be noted above, and perform all services necessary to complete the above
specified work and hereby a a unt sh above, which includes all direct and indirect overhead expenses for any delays.
• :
Accepted By. Title
rt
Contractor: Weitz Golf International Date: 3 ��
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