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2005 10 04 RDA
e4 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 October 4, 2005 DUE TO THERE BEING NO CLOSED SESSION SCHEDULED, THE REDEVELOPMENT AGENCY BOARD WILL CONVENE AT 3:00 P.M. PLEASE NOTE, THE PUBLIC COMMENT ITEM NORMALLY SCHEDULED FOR 2:00 P.M. WILL BE HELD FOLLOWING THE COMMENCEMENT OF THE MEETING AT 3:00 P.M. Beginning Resolution No. RA 2005-011 CALL TO ORDER Roll Call: Agency Board Members: Adolph, Henderson, Perkins, Sniff, and Chairman Osborne CLOSED SESSION - NONE 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. Redevelopment Agency Agenda 1 October 4, 2005 CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF SEPTEMBER 20, 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 OCTOBER 4, 2005. 2. ACCEPTANCE OF SilverRock RESORT ON AND OFF -SITE STREET, WATER AND SEWER IMPROVEMENTS, PROJECT NO. 2002-07F. 3. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE VISTA DUNES RESIDENTIAL PROJECT. 4. APPROVAL OF A LEASE EXTENSION FOR AN ADDITIONAL FIVE YEARS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY, A PUBLIC BODY CORPORATION AND POLITIC, AND THE CITY OF LA QUINTA, A MUNICIPAL CORPORATION, WHICH WOULD RESULT IN THE AUTOMATIC EXTENSION OF A SUBLEASE BY AND BETWEEN THE CITY OF LA QUINTA AND THE UNITED STATES POSTAL SERVICE FOR THE SUM OF $1.00 PER YEAR. BUSINESS SESSION 1. CONSIDERATION OF INTERIM MONUMENT SIGNAGE FOR SilverRock RESORT. A. MINUTE ORDER ACTION STUDY SESSION - NONE CHAIR AND BOARD MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE Redevelopment Agency Agenda 2 October 4, 2005 ADJOURNMENT Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on October 18, 2005 commencing with closed session at 2:00 p.m. and open session at 3:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency meeting of October 4, 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 September 30, 2005. DATED: September 30, 2005 JUKE S%REEK, CIVIC, City Clerk City of La Quinta, California Redevelopment Agency Agenda 3 October 4, 2005 c&t�p 4 lwQu&tw COUNCIL/RDA MEETING DATE: OCTOBER 4, 2005 ITEM TITLE: Demand Register Dated October 4, 2005 RECOMMENDATION: It is recommended the Redevelopment Agency Board: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING Receive and File the Demand Register Dated October 4, 2005 of which $206,168.39 represents Redevelopment Agency Expenditures. PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA T,i-hf 4 1r4-�Quraw COUNCIL/RDA MEETING DATE: October 4, 2005 ITEM TITLE: Acceptance of SilverRock Resort On- and Off -Site Street, Water and Sewer Improvements, Project No. 2002-07F RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept SilverRock Resort On- and Off -Site Street, Water and Sewer Improvements, Project No. 2002-07F, as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $344,152.12, 35 days after the Notice of Completion is recorded. FISCAL IMPLICATIONS: The following is a budget summary: Original Contract Award Amount Contract Change Order No. 1 Contract Change Order No. 2 Contract Change Order No. 3 Contract Change Order No. 4 Contract Change Order No. 5 Contract Change Order No. 6 Contract Change Order No. 7 Contract Change Order No. 8 Contract Change Order No. 9 Contract Change Order No.10 Revised Contract Amount $2,598,048.00 ($447, 620.00) $713,384.35 $24,472.80 $22,990.00 $6,500.00 $1 12,579.27 $350,583.00 $23,375.00 $15,141.98 $22,067.00 $3,441,521.20 Adequate funding is available within the SilverRock Resort construction budget to pay the contractor's remaining retention of $344,152.12. S:\CityMgr\STAFF REPORTS ONLY\10-4-05\C4 Acceptance 2002-07F.doc CHARTER CITY IMPLICATIONS: Charter City implications were addressed during the bid. Since this project is funded by RDA funds, the project was bid as a prevailing wage job and all subsequent contract change orders reflect prevailing wages. BACKGROUND AND OVERVIEW: On August 3, 2004, the Agency awarded a contract in the amount of $2,598,048 to Granite Construction Company to construct improvements specified by Project No. 2002-07F, SilverRock Resort On- and Off -Site Street, Water and Sewer Improvements. With the all change orders inclusive the total contract amount for this contract work at SilverRock Resort totaled in the amount of $3,441,521.20 Change Order No. 1 deleted bid items 70 through 77 due to the awarding of contract prior to CVWD completing their review and approval of the domestic water system. Change Order No. 2 was due to CVWD's review and approval after the award of the contract which had previously deleted bid items 70 through 77. Change Order No. 3 was for installation of ± 180 linear feet of 4-inch diameter sewer lateral to intercept sewer main. This additional work was necessary in order to relay a portion of the lateral from Comfort Station No. 1 to match the existing sewer invert elevation of sewer main in Ahmanson Drive. Change Order No. 4 was to furnish and install up to 1,100 lineal feet of 4-inch yellow PVC piping for future natural gas service line to the Temporary Club House, future service to be installed by the Gas Company. This work was not included in the original contract scope. Change Order No. 5 was to provide all necessary labor and equipment to remove and dispose of on -site (approximately 2,500 cubic yards) spoiled earthen material from the future bag drop-off area adjacent to the temporary clubhouse. Change Order No. 6 was for changes made by CVWD during their review of the sanitary sewer plans. CVWD added a stipulation that required the contractor to place a one -inch gravel bed beneath the 8" sewer line on site. The addition of this requirement required the contractor to need additional equipment and labor to install the gravel as well as expend additional cost to purchase the gravel. Another change in site condition, not shown on the plans at time of bid, was several irrigation crossings for the golf course. These crossings were not installed at the time of bid nor were they shown on the revised or original bid set of drawings. Therefore, the contractor was unable to factor in the additional labor and equipment time necessary to work around these obstructions. KA S:\CityMgr\STAFF REPORTS ONLY\10-4-05\C4 Acceptance 2002-07F.doc Change Order No. 7 was to furnish and install all necessary dry utilities adjacent to Avenue 54 as designed by IID and Verizon. Change Order No. 8 was for the demolishing and removing of existing concrete, miscellaneous grading, and new installations at four golf cart path entrance/exit locations and at the crossing where the gas line was installed. Change Order No. 9 was for emergency road work performed to repair the sink hole on Avenue 52 as a result of the median island landscape irrigation. Change Order No. 10 was for the repair of an undocumented electrical line severed on Avenue 54 to restore service and additional on -site water and sewer service needed to provide service to the Temporary Clubhouse. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency include: 1. Accept SilverRock Resort On- and Off -Site Street, Water and Sewer Improvements, Project No. 2002-07F as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $344,152.12, 35 days after the Notice of Completion is recorded; or 2. Do not accept SilverRock Resort On- and Off -Site Street, Water and Sewer Improvements, Project No. 2002-07F as complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and do not authorize staff to release retention in the amount of $344,152.12, 35 days after the Notice of Completion is recorded; or 3. Provide staff with alternative direction. Respectfyully submitted, 75mothy R. Jon son, P.E. Public Works D ctor/City Engineer Approved for submission by: Thomas P. Genovese, Executive Director 3 S:\CityMgr\STAFF REPORTS ONLY\10-4-05\C4 Acceptance 2002-07F.doc TjItf 4 acp Qum& OF TtP�9 COUNCIL/RDAMEETING DATE: October 4, 2005 ITEM TITLE: Approval of a Request for Proposals to Obtain Professional Construction Management Services for the Vista Dunes Residential Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposals (RFP) to obtain professional construction management services for the Vista Dunes Residential Project and appoint a Consultant Selection Committee. FISCAL IMPLICATIONS: None with this action. BACKGROUND AND OVERVIEW: The Agency acquired the property known as Vista Dunes Mobile Home Park for the purpose of constructing eighty housing units. Agency staff is currently in the process of developing construction documents for the project. By bringing a construction management firm on to the team now, they will be able to provide value engineering and constructability input. The firm would also assist in the bidding process as well as the construction phase of the project. The proposed RFP to obtain professional construction management services is provided as Attachment 1. The Consultant Selection Process outlined within City Resolution 96-80 shall be followed. In accordance with Resolution 96-80, the Agency Board is notified of the potential need to contract for professional services in excess of $10,000. Staff suggests the Agency Board appoint a Consultant Selection Committee consisting of the following members: ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE VISTA DUNES COURTYARD HOMES PROJECT The City of La Quinta is seeking proposals from qualified firms to provide Professional Construction Management services to support the Vista Dunes Courtyard Homes Project. PROJECT DESCRIPTION The Vista Dunes Courtyard Homes will be a wood -framed with stucco, single story, multi -family project. The development proposes 80 affordable rental units in a gated community, ranging from 1 to 3 bedrooms. The project design integrates desirable fundamentals of safety, functionality, and durability in harmony with the surrounding neighborhood. The site design is sensitive to the neighbors by keeping building massing low (through grading and building single -story units), creating ample site walls for privacy from the adjoining development, increasing setbacks, and focusing activities to the interior of the site rather than the perimeter. The project, slated to be completed in Spring 2007, requires tenants to observe extensive, positive regulations ensuring a successful and beneficial community that enriches the City of La Quinta's legacy. Upon entering the project, a deep setback from Miles Avenue acts as a sound and safety buffer. Circulation through the project is achieved by an interconnected paseo/sidewalk system that promotes pedestrian friendly interaction. Units and common spaces are oriented along the paseo system, with units clustered into neighborhoods and courts. To enhance the community spirit, the front porches and terraces of every unit overlook the courts and paseo system, allowing children and families safe passage throughout the project. Tenants enjoy amenities such as an onsite basketball court, swimming pool, community center (Commons building) and play areas. The units have a mix of slightly sloped and flat roofs behind parapets. All of the buildings utilize solar panels on the roof to supplement the electrical requirements of the unit. Metal lattice panels for plantings gapped from the units screen westerly walls and permit airflow for cooling effects. Additional landscape elements, deep overhangs, and split -faced low block walls add interest and additional color to the project. Each unit has an assigned carport parking and individual trash enclosure. Carports have corrugated metal roofing, with low block walls and storage units. Given the sometimes harsh desert climate, the unit design responds by using thermal chimneys for passive cooling, materials that require little to no maintenance, and installing solar panels to take advantage of the weather conditions. Deep overhangs on southern exposures, shading landscape elements and air flow around the buildings also provide natural cooling, further minimizing energy consumption. 3 GENERAL CONTRACT STRUCTURE The Construction Manager (CM) shall serve as the Owner's principal agent in providing the services described in this RFP. The Owner shall ultimately enter into a separate contract with one or more Contractors for the construction of the Project. In providing the CM's services described in this RFP, the CM shall endeavor to maintain, on behalf of the Owner, a working relationship with the Contractor(s) and Architect/Designer. The contract for CM services will include three phases with a single contract being awarded to one CM firm. The City reserves the right to modify, postpone, and/or cancel the contract for any reason whatsoever at the conclusion of any one phase and prior to the start of a subsequent phase. The three phases, and their respective anticipated durations, of this project are defined as: • Design Phase (4 months) • Contractor(s) Bidding and Awarding Phase (2 months) • Construction and Close-out Phase (14 months) CONSTRUCTION MANAGEMENT SERVICE TO BE PROVIDED (Shall include, but may not be limited to): Phase One --Design • Construction Management Plan: The CM shall prepare a Construction Management Plan for the Project and shall make recommendations to the plan throughout the duration of the Project, as may be appropriate. In preparing the Construction Management Plan, the CM shall consider the Owner's schedule, budget and general design requirements for the Project. The CM shall then develop various alternatives for the scheduling and management of the Project and shall make recommendations to the Owner. • Constructability Review: Perform a complete constructability review of the project bid documents, specifications, plans and estimates prior to bidding the project and identify potential problems that need correction before the project is bid. • Project and Construction Budget: Based on the Construction Management Plan the CM shall prepare a Project and Construction Budget based on the separate divisions of the Work required for the Project and shall identify contingencies for design and construction. The CM shall review the budget n W with the Owner and Designer and the CM shall submit the Project and Construction Budget to the Owner for acceptance. The Project and Construction Budget shall be revised by the CM as directed by the Owner. • Preliminary Estimate and Budget Analysis: The CM shall analyze and report to the Owner and the Designer the estimated cost of various design and construction alternatives, including CM's assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget • Review contract documents, and coordinate permit requirements. • Schedule and attend a field walk with the Inspector, Project Architect, Design Team Members and City representatives. • Revisions to the Construction Management Plan: During the Design Phase the CM shall make recommendations to the Owner regarding revisions to the Construction Management Plan. The Construction Management Plan shall include a description of the various bid packages recommended for the Project. Revisions approved by the Owner shall be incorporated into the Construction Management Plan. • Progress Meetings: The CM shall conduct periodic progress meetings attended by the Owner, Designer and others. Such meetings shall serve as a forum for the exchange of information concerning the Project and the review of design progress. The CM shall prepare and distribute minutes of these meetings to the Owner, Designer and others as necessary. • Review of Design Documents: The CM shall review the design documents and make recommendations to the Owner and Designer as to constructability, scheduling, and time of construction; as to clarity, consistency, and coordination of documentation among Contractors; and as to the separation of the Project into contracts for various categories of the Work. • Cost Control: The CM shall prepare an estimate of the construction cost for each submittal of design drawings and specifications from the Designer. This estimate shall include a contingency acceptable to the Owner, CM and the Designer for construction costs appropriate for the type and location of the Project and the extent to which the design has progressed. • Project and Construction Budget Revision: The CM shall make recommendations to the Owner concerning revisions to the Project and Construction Budget that may result from design changes. 5 • Value Engineering Studies: The CM shall provide value engineering recommendations to the Owner and Designer on major construction components, including cost evaluations of alternative materials and systems. • Design Phase Change Report: The CM shall prepare and distribute Design Phase change reports that shall list all Owner -approved changes as of the date of the report and shall state the effect of the changes on the Project and Construction Budget and the Master Schedule. • Approvals by Regulatory Agencies: The CM shall coordinate transmittal of documents to regulatory agencies for review and shall advise the Owner of potential problems resulting from such reviews and suggested solutions regarding completion of such reviews. • Construction Delivery Method Recommendation: Provide a thorough and comprehensive analysis that compares various construction delivery method options. This evaluation would primarily focus on the benefits/drawbacks to the City by utilizing a single general contractor deliver method vs. a multi - prime trade delivery method (i.e. that does not include a general contractor). The CM would also provide a recommendation to the City regarding which methodology serves the City's best interests. Upon approval of one method or the other by the City. The CM would implement an effective means of developing bid packages, soliciting bids, reviewing bids, and awarding contracts on behalf of the City and with the City's prior approvals. Phase Two: Contractor Bidding and Awarding • Pre -qualifying Bidders: The CM shall assist the Owner in developing lists of possible bidders and in pre -qualifying bidders. This service shall include preparation and distribution of questionnaires; receiving and analyzing completed questionnaires; interviewing possible bidders, bonding agents and financial institutions; and preparing recommendations for the Owner. The CM shall prepare a list of bidders for each bid package and transmit to the Owner for approval. • Bidder's Interest Campaign: The CM shall conduct a telephone and correspondence campaign to attempt to increase interest among qualified bidders. • Notices and Advertisements: The CM shall assist the Owner in preparing and placing notices and advertisements to solicit bids for the Project. E. • Delivery of Bid Documents: The CM shall expedite the delivery of Bid Documents to the bidders. The CM shall obtain the documents from the Designer and arrange for printing, binding, wrapping and delivery to the bidders. The CM shall maintain a list of bidders receiving Bid Documents. • Pre -Bid Conference: In conjunction with the Owner and Designer, the CM shall conduct pre -bid conferences. • Information to Bidders: The CM shall develop and coordinate procedures to provide answers to bidder's questions. All answers shall be in the form of addenda. • Addenda: The CM shall receive from the Designer a copy of all addenda. The CM shall review addenda for constructability, for effect on the Project and Construction Budget, scheduling and time of construction, and for consistency with the related provisions as documented in the Bid Documents. The CM shall distribute a copy of all addenda to each bidder receiving Bid Documents. • Bid Opening and Recommendations: The CM shall assist the Owner in the bid opening and shall evaluate the bids for responsiveness and price. The CM shall make recommendations to the Owner concerning the acceptance or rejection of bids. • Analyzing Bids: Upon receipt of the bids, the CM shall evaluate the bids, including alternate bid prices and unit prices, and shall make a recommendation to the Owner regarding the award of the Construction Contract. • Construction Contracts: The CM shall assist the Owner in the assembly, delivery and execution of the Contract Documents. The CM shall issue to the Contractor(s) on behalf of the Owner the Notice of Award and the Notice to Proceed. Phase Three: Construction and Close -Out • Schedule and chair a kick off meeting with the City to discuss the proposed work plan and special concerns to be presented at the pre -construction meeting. It is envisioned the pre -construction meeting will include all interested parties, including utilities, sub -contractors, etc. • Provide a pre -construction agenda to the City for concurrence, schedule a pre -construction meeting and notify attendees. 7 • Provide coordination of project activities and prepare reports and documents, as necessary, for City review and action. • Maintain at the project site, on a current basis; a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings, product data; samples; submittal; purchases; materials; equipment; applicable handbooks; maintenance and operating manuals and instructions; other related documents and revisions which are relevant to the contract work. • Provide weekly status reports to the City. • Review laboratory, shop and mill test reports of materials and equipment, and coordinate as required with the Project Design Team. • Prepare and send a Weekly Statement of Working Days to the Contractor. • Monitor Contractor and Sub -Contractor certified payroll. • Monitor and document any underground electrical improvements for compliance with the project plans specifications and for requirements from Imperial Irrigation District. • Monitor and document domestic water or sanitary sewer improvements for compliance with the project plans and specifications and for any requirements from Coachella Valley Water District. • Administer the construction contract in conformance with the requirements set forth in the Plans and Specifications. • Conduct weekly construction progress meetings with Design Team, Contractor(s), City Staff, affected outside Agencies, general public, business owners, other consultants, etc. to discuss matters such as procedures, progress, problems, and scheduling. Prepare and distribute meeting agenda and minutes. • Monitor all inspection activities, both City provided and any consulted out inspections. • Review and process all shop drawings, project data, samples, and other submittals. Establish and implement procedures for expediting the processing and approval. • Coordinate submittal review with Design Team. • Coordinate with the City Engineer and other City Departments. • Document all claims and maintain for account records. • Coordinate and schedule construction surveying. • Coordinate testing requirements and scheduling of material testing. • Review and analyze the Contractor's schedule (monthly) including activity sequences and duration, schedule of submittal and schedule of delivery for products with long lead time. Work with Contractor to maintain the project schedule to show current conditions and suggest revisions as required. • Recommend necessary or desirable changes in the Construction Contractor'(s) scope of work. Review and evaluate Contractor'(s) request for changes. Negotiate with Contractor and submit recommendations to City supported by field data related to any additional work. If change orders are accepted by City, prepare change orders for signature and authorization by the City. Maintain a log of change requests. • Create and maintain "As -Built" project schedule. • Review pay requests and provide recommendation for contractor payments. • Coordinate the transition of the project to City. • Provide construction management files to the City. • Review contract documents, plans and permits. • Attend field walks and kick off meetings. • Monitor and enforce construction noticing requirements. • Maintain field diaries (bound workbooks) during construction, including a cumulative record of quantities constructed, daily and weekly reports, working day reports, change order documentation, photographs and other documentation. • Monitor the Contractor's fugitive dust control plan and ensure the Contractor is using approved haul routes and they are kept clean. Ftl • Ensure compliance with the construction contract by continuously monitoring, evaluating, approving or rejecting the Contactor's work in accordance with the approved construction contract documents. • Determine that the Contractor's work is being performed in accordance with the requirements of the contract documents. Endeavor to guard City against defects and deficiencies in the work. As appropriate, require special inspection of testing, or make recommendations to City regarding special inspection or testing or work not in accordance with the provisions of the contract document whether or not such work is fabricated, installed or completed. • Provide and maintain a digital photographic history of the project. Photos will also be taken of the following: a. Showing existing conditions prior to construction b. Disputed work items c. Work that has to be duplicated, replaced or removed d. Completed work e. Extra work • Record the progress of the project. Provide daily inspection reports. Submit written daily progress reports to City, including information on Contractor and the entire project, showing percentages of completion. Keep daily logs containing a record of weather, Contractor's work on site, number of workers, work accomplished, problems encountered, and other relevant data. • During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. • Maintain copies of all permits needed to construct the project and enforce special requirements of each. ENGINEERING SUPPORT • Provide an initial review and one re -submittal of shop drawings and product data for conformance to the construction documents. • Provide plan revisions as required to interpret, clarify or modify the construction documents as required by the City Engineer. 10 CONSTRUCTION CLOSE OUT • The City Engineer or designee shall administer and coordinate final inspections. The City Engineer or designee shall coordinate the correction and completion of the work. • Assist the City in determining when the project or a designated portion thereof, is substantially complete. Prepare for City a summary of the status of the work of Contractor, listing changes in the previously issued certificates of substantial completion of the work, and recommending the times within which Contractor shall complete uncompleted items on their certificate of substantial completion of the work. • Calculate the amount of final payment due prime Contractor. • Obtain evidence of certification of all lien releases. • Assist City with filing the project "Notice of Completion." • Secure and transmit to City, required guarantees. • Issue the notice of substantial completion and process the Notice of Completion. • Coordinate any startup requirements. • Deliver all equipment manuals, special equipment, spare parts, catalogs, and other materials required by specifications. • Collect As -Built data from contractors or design consultants. • Make recommendation for the release of retention. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes, clearly marked with the consultant's name, address and phone number. Only one proposal per consultant will be considered. A Pre -proposal conference is scheduled for 11 AM on October 14, 2005 in the Study Session room of the La Quinta Civic Center (78-495 Calle Tampico, La Quinta, CA 92253) 14 Proposal packages are to be submitted to the City on/or before October 28, 2005 at 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Tom Hartung, Director of Building and Safety City of La Quinta Building and Safety Department 78-495 Calle Tampico La Quinta, CA 92253 Interviews for the most qualified consultants will be scheduled during the week of November 7, 2005. A contract is expected to be awarded to the selected consultant at the City Council meeting of November 17, 2005. Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: Work Proposal (envelope 1) — submit six copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experience and resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. (3) Provide a summary of six (6) of your firm's recent projects that had a similar size and scope. Please place an emphasis on providing examples of recent projects in which you provided either Construction Services or General Contractor services. (4) Please provide a list of your firm's experience providing public agencies with both construction management and general contracting services over the past three years. Please include a brief description of the project and contact information to be used as reference if needed. 12 C. Project Understanding and Approach A description of your project understanding and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. A proposed Project Schedule that will demonstrate the consultant's familiarity with CPM scheduling methods. 2. Cost Proposal (envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. This cost proposal must be broken out for each phase (Phases One, Two, and Three as described earlier in this RFP). Labor hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Consultants should provide cost proposals for both construction delivery methods*that may ultimately be utilized for the construction of this project. Proposers should provide a side by side comparison relative to their CM fees for each phase that accounts for the two construction delivery methods under consideration. *A general contractor delivery method vs. Multiple Prime Trade approach. Include all general conditions costs that would be charged to the City by the CM under either of these scenarios. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely ranked firms. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the City's standard Professional Services Agreement. 13 COUNCIL/RDA MEETING DATE: October 4, 2005 Consideration of a Lease Extension for an Additional Five Years by and Between the La Quinta Redevelopment Agency, a Public Body Corporation and Politic, and the City of La Quinta, a Municipal Corporation, Which Would Result in the Automatic Extension of a Sublease by and Between the City of La Quinta and the United States Postal Service for the Sum of $1.00 Per Year RECOMMENDATION: Approve the Lease Agreement for an additional five years. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The City received a request from the Postal Service on August 17, 2005 (Attachment 1), requesting an extension of their current lease for five years. The terms of the Lease Agreement between the Agency and City (Attachment 2), found in Article I, Section 1.4, state the Lease shall be for a five-year period commencing on the date of execution which was August 6, 1996. Article XIV, Section 14.1, states the Lessee (City) may seek a ten-year extension provided the Agency is given written notice no more than three and not less than one year prior to the scheduled expiration of the initial term or the Lease or any extension. The Sublease Agreement (Attachment 3) between the City and Postal Service states that the term of the Sublease shall terminate simultaneously with the termination of the Lease. P:\Reports - CC\2005\10-4-05\Post Office\PostOffice RDA.doc FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency are: 1. Approve the Lease Agreement extension with the City; or 2. Do not approve the Lease Agreement extension with the City; or 3. Provide staff with alternative direction. Respectfully submitted: Dougla . Evans Community Development Director Approved for submission by: Thomas P. Genovese, Executive Director Attachments: 1. Letter dated August 17, 2005, from the United States Postal Service 2. Executed Lease Agreement 3. Executed Sublease Agreement P:\Reports - CC\2005\10-4-05\Post Office\PostOffice RDA.doc ATTACHMENT #1 PACIFIC FACILITIES SERVICE OFFICE JUUN/TEDSTAM PQSTAL SERVI E August 17, 2005 City of La Quinta 78-495 Calle Tampico La Quinta CA 92253-9997 Attn: Community Development Director SUBJECT: La Quinta, CA 92253-9998 — Main Office Parking Finance Number: 05-4294-008 Dear Sir or Madam: Attached is a lease extension for the subject sublease between the city of La Quinta and the U. S. Postal Service for parking area at the Main Post Office. I have proposed a 4 year extension on our sublease to coincide with your lease with the La Quinta Redevelopment Agency. If the expiration of your lease has changed, please replace the expiration date on my lease amendment to the correct date. If you approve of the lease extension, please sign both copies and return them in the self- addressed envelope enclosed. Upon execution by the Contracting Officer, one of the originals will be returned to you. If you have any questions, please give me a call at (650) 615-7214. Sincerely, John J. Fraher Real Estate Specialist Attachment: As Noted 395 OYSTER POINT BOULEVARD SOUTH SAN FRANCISCO, CA 94080-0300 650-615-7214 FAx 650-615-7218 • LEASE AGREEMENT q ATTACHMENT #2 THIS LEASE AGREEMENT (the "Lease") is entered into this 4,tday of QuQus�,1996, by and between the La Quinta Redevelopment Agency, a public body corporate and politic ("Lessor" or "Agency") and the City of La Quinta, a municipal corporation formed under the laws of the State of California ("Lessee" or "City"). RECITALS WIIEREAS, the Lessor and Lessee desire to enter into this Lease Agreement to enable the City to sublease certain property located within the City of La Quinta to the United States Postal Service; and WHEREAS, it is necessary for the City to provide additional property to the United States Postal Service to assist in the process of making ZIP Code adjustments that will be compatible with the City of La Quinta's municipal lines which is anticipated to become effective December 1, 1995. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I. TERM OF LEASE 1.1 Premises. Lessor is currently the owner of that parcel of real property located in the City of La Quinta, legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"). A site map of the premise and its relation to the adjacent U. S. Postal Service building is provided in Exhibit `B" attached hereto and incorporated herein by this reference. Lessor agrees to lease to Lessee and Lessee agrees to lease from, Lessor the Premises upon the terms and conditions expressed herein. 1.2 Reservation. Lessor reserves to itself, its successors, and assigns, together with the right to grant and transfer all or a portion of the same, the non-exclusive right to enter upon the Premises in accordance with any rights of Lessor set forth in this Lease. 1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants, conditions, restrictions, reservations, rights, rights -of -way, easements, and all other matters of record or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the date this Lease is executed by Lessee. 1.4 Term. The term of this Lease shall be for five (5) years commencing on the execution date by the Lessor. • ARTICLE II. DEVELOPMENT AND OWNERSHIP OF IMPROVEMENTS 2.1 Construction Inspection by Lessor and Right to Improvements. Lessor shall provide security lighting and chain link fencing along the unfenced portion of the premise. Lessee shall construct or cause to be constructed the grading and paving of the Premises which improvements shall provide additional parking spaces for the United States Postal Service (the "Improvements"). Building permits shall be obtained and construction begun on the Improvements within two (2) months of the date of the execution of this Lease. Lessee covenants with Lessor that the Improvements shall be constructed in a good workmanlike. manner according to and in conformity with plans and specifications to be submitted to lessor pursuant to Section 2.2 below and in compliance with all applicable municipal building and zoning laws and with all other laws, ordinances, orders, rules, regulations and requirements of federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof. At all times during construction, and prior to completion, of the Improvements, Lessor shall have the right, after not less than twenty-four (24) hours notice to Lessee, to enter upon the Premises in the company of a representative of Lessee for the purpose of inspecting the same, provided that such entry and inspection shall not be unreasonably interfere with Lessee's construction of the Improvements. Any and all Improvements which are made by Lessee to the Premises shall be owned by Lessee during the Term but shall remain a part of the Premises and be surrendered therewith at the end of the Term or sooner termination of this Lease, at which time the same shall become the property of Lessor. ARTICLE III. RENT 3.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to Lessor and that Lessee shall pay all costs, charges and expenses of every kind and nature against the Premises and any Improvements which may arise or become due during the Term and which, except for execution and delivery hereof, would or could have been payable by Lessor. 3.2 Minimum Rent. During the Term of this Lease, Lessee shall pay to Lessor a rent payment amount of One Dollar ($1.00) per year for the term of the Lease (the "Base Rent"). Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. ARTICLE IV. USE OF PREMISES AND COMPLIANCE OF LAW 4.1. Permitted Uses. The Premises shall be used and occupied, according to the Sublease approved on the same date, by sublessee for additional space for the United States Postal Service necessary in servicing the La Quinta service areas. 31ease.agm 2 0 • 4.2 C o=liance with Law. (a) Lessor warrants to Lessee that the Premises, in the state existing on the date that the Lease term commences, but without regard to the use for which Lessee will occupy the Premises, does not violate any covenants or restrictions of record, or any applicable building code, regulation or ordinance in effect on such Lease term commencement date. In the event it is determined that this warranty has been violated, then it shall be the obligation of the Lessor, after written notice from Lessee, to promptly, at Lessor's sole cost and expense, rectify any such violation. (b) Lessee, at Lessee's expense, shall promptly comply with all applicable statutes, ordinances, rules, regulations, orders, and requirements of all governmental authorities having jurisdiction affecting the Premises and Improvements or the cleanliness, safety, occupancy and use of same, whether or nor any such law, ordinance, order, rule or regulation or requirement in substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of the Improvements or interfere with the use and enjoyment of the Premises. 4.3 Nondiscrimination. The Lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: 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, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. ARTICLE V. PAYMENT OF EXPENSES 5.1 Lessee shall pay all of the costs and expenses in the operation, management, and maintenance of the Improvements. Such expense shall include, without limitation, the following: (I) expenses incurred by Lessee for general maintenance, painting lighting, cleaning, trash removal, security, fire protection; and (ii) the actual cost of repairs to the Improvements. ARTICLE VI. MAINTENANCE OF THE PREMISES 6.1 Obligations for Maintenance. Lessee, at Lessee's expense without cost to Lessor, shall maintain in good order, condition, quality, and repair, the Improvements and every part thereof and any and all appurtenances thereto wherever located, and all other repairs, replacements, renewals and restorations ordinary and extraordinary, foreseen and unforeseen. 6.2 Liens. Lessee shall keep the Premises, the Improvements, or any part thereof free from any and all liens arising out of any work performed, materials furnished or obligations incurred by or fore Lessee, and agrees to cause to be discharged any mechanic's or materialmen's lien of record within twenty (20) days after the lien has been filed or within ten (10) days after receipt of written request from Lessor, whichever shall be the sooner. 3lease.agm • .• ARTICLE VII. INSURANCE AND INDEMNITY 7.1 Liability Insurance. Lessor has existing insurance through a joint powers insurance authority which it shall keep in force during the term of this Lease. 7.2 Property Insurance. Lessor shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Building, but not Lessee's personal property, fixtures, equipment or tenant improvements, in an amount not to exceed the full replacement value thereof, as the same may exist from time to time, providing protection against all perils including without the classification of fire, extended coverage, vandalism, malicious mischief, flood (in the event same is required by a lender having a lien on the Premises) special extended perils ("all risk", as such term is used in the insurance industry), plate glass insurance and such other insurance as Lessor deems advisable. In addition, Lessor shall obtain and keep in force, during the term of this Lease, a policy of rental value insurance covering a period of one year, with loss payable to Lessor, which insurance shall also cover all Operating Expenses for said period. 7.3 Waiver of Subro ag,. tion. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence or Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee and Lessor shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation contained in this Lease. 7.4 Indemnity. Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Premises, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the .terms of this Lease, or arising from any act or omission of Lessee, or any of Lessee's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property of Lessee or injury to persons, in, upon or about the Premises arising from any cause and Lessee hereby waives all claims in respect thereof against Lessor. ARTCLE VIII. UTILITY CHARGES 8.1 Lessee shall pay all charges for gas, water, sewer, electricity, telephone and other utility services or franchise supplier sued on or in the Premises. If any such charges are not paid when due, Lessor may pay the same after giving Lessee fifteen (15) days prior written notice, and any amount so aid by Lessor shall thereupon become due to Lessor from Lessee as additional Rent. 31ease.agm 4 • 0 ARTICLE IX. ALTERATIONS AND ADDITIONS Without Lessor's prior written consent, which consent may be withheld or granted in Lessor's reasonable discretion, Lessee shall not have the right to make changes or alterations to the Improvements or the Premises, except on the following conditions: -(a) Lessee shall not make any alterations, whether structural or non-structural, which will decrease the value of the Premises or the Improvements. If the cost of such changes or alterations to the Improvements or the Premises exceeds Five Thousand Dollars ($5,000), Lessee shall submit to Lessor plans and specifications for approval. (b) Before the commencement of any work, Lessee shall pay the amount of any increased premiums on insurance policies provided for hereunder; (c) Lessor shall in no event be required to make any alterations, rebuilding, replacement, changes, additions or Improvements or repairs to the Premises, except as specifically provided in this Lease; (d) All such changes, alterations, rebuilding, replacements, additions, improvements and repairs to the Premises made by Lessee shall be deemed to have attached to the realty and to have become the property of Lessor upon the expiration of the Term or upon sooner termination of this Lease. ARTICLE X. ASSIGNMENT AND SUBLETTING 10.1 AgencKs Consent Required. With the exception of the Sublease Agreement with the United States Postal Service attached hereto as Exhibit "C" and incorporated herein by this reference, Lessee agrees and covenants (which covenants shall be binding upon the heirs, executors, and administrators of Lessee) that Lessee shall not, assign, sell, encumber, pledge or otherwise transfer all or any part of Lessee's leasehold estate hereunder, without Lessor's prior written consent. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent, and at Lessor's election, shall constitute a default. 10.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder. The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee shall not be construed as a waiver by Lessor of any provision of this Lease or as a consent to any assignment or subletting. Consent by Lessor to an assignment of this lease or to a subletting of the Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to this Lease. 31ease.agm 5 r .• ARTICLE XI. DEFAULT 11.1 Events of TlPfa„1+• The occurrence of any one or more of the following events shall constitute a material default of this Lease by Lessee: (a) The failure by Lessee to make any payment or rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Lessor to Lessee. (b) Except as otherwise provided in this Lease, the failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's noncompliance is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (c) The abandonment by Lessee of the Premises or a substantial portion thereof. 1.1.2 Remedies. In the event of any such material default by Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorney's fees, and any real estate commission actually paid; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided that portion of the leasing commission paid by Lessor applicable to the unexpired term of this Lease. (b) Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have vacated or abandoned the Premises. In such event Lessor shall be entitled to enforce all Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. . (c) Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the sate wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law. 31ease.agm 6 1.1.3 Default h Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of the Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance than Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. 11.4 Remedies for Lessee. (a) In the event of a default by Lessor, Lessee may abate its rent due to recover any damages suffered as a result of the default. XII. HOLDING OVER This Lease shall terminate and become null and void without further notice upon the expiration of the Term herein specified and any holding over by Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when in writing signed by both parties. XIII. ACCESS BY LESSOR In addition to the right of Lessor to reserve use of the Premises under Article IV, Section 4.1, Lessor and those agents, contractors, servants and employees of Lessor who are identified in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises during normal business hours to examine .the Premises, to perform any obligation of Lessor or to exercise any right or remedy reserved to Lessor in this Lease. ARTICLE XIV. RENEWAL OPTION 14.1 Option to Extend. Provided that Lessee is not otherwise in default under the terms of this Lease, Lessee may at Lessee's election, extend the -term of this Lease by a ten (10) year period. Such election shall be exercised by Lessee giving written notice to Lessor of intent to do so no more than three (3) years, but no less than one (1) year, prior to the then scheduled expiration of the initial term of this Lease or any extension thereof. 14.2 Continuation of Terms. The terms and conditions of this Lease during any such extension, specifically including all obligations of the Lessor and Lessee hereunder, shall continue in full force and effect except as may be expressly modified by subsequent written mutual agreement of Lessor and Lessee. 31ease.agm 7 9 0 ARTICLE XV. MISCELLANEOUS 15.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or any subsequent breach of the same or any other term, condition or covenant contained herein. 15.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Lessor: To Lessee: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 15.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Lessor and Lessee. Nor shall anything herein be deemed or construed to imply financial support for Lessee's operation apart from the provisions of this Lease. 15.4 Time of Essence. Time is hereby expressly declared to be of the essence of this Lease and of each and every term, covenant and condition hereof which relates to a date or period of time. 15.5 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be cumulative and are given without impairing any other rights or remedies given Lessor and Lessee by statute or law nor existing or hereafter enacted, and the exercise of any one (1) remedy by Lessor or Lessee shall not exclude the exercise of any other remedy. 15.6 Effect of Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and 3lease.agm 9 C� provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. No acquisition by Lessor of all or any of the interest of Lessee in or to the Premises or the Improvements, and no acquisition by Lessee of all or any interest of Lessor in or to the Premises shall constitute or work a merger of the respective interest, unless expressly provided for. 15.7 Successors and Assigns. This Lease and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of Lessor and to the permitted successors and assigns of Lessee and all references in this Lease to "Lessee" or "Lessor" shall be deemed to refer to and include all permitted successors and assigns of such party. 15.8 Entire Agreement. This Lease contains the entire agreement of Lessor and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either Lessor or Lessee which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by Lessor and Lessee. 15.9 Execution of Lease: No Option. The submission of this Lease to Lessee shall be for examination purposes only, and does not and shall not constitute a reservation of or option for Lessee to lease, or otherwise create any interest by Lessee in the Premises. Execution of this Lease by Lessee and return to Lessor shall not be binding upon Lessor notwithstanding any tie interval, until Lessor has in fact executed and delivered this Lease to Lessee. 15.10 Corporate Authority. Each individual executing this Lease on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity or organization and that this Lease is binding upon same in accordance with its terms. 15.11 Controlling Law. This Lease shall be governed by and construed in accordance with the federal law. 15.12 Specific Performance. Nothing contained in this Lease shall be construed as or shall have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any and all of the covenants or obligations of the other party under this Lease. 15.13 Survival of Indemnities and Warranties. The obligations of the indemnifying party under each and every indemnification and hold harmless provision contained in this Lease shall survive the expiration or earlier termination of this Lease to and until the last to occur of (a) the last date permitted by law for the bringing of any claim or action with respect to which indemnification may be claimed by the indemnified party against the indemnifying party under such provision or (b) the date on which any claim or action for which indemnification may be claimed under such 31em.aW 9 • 1-1 L provision is fully and finally resolved, and, if applicable, any compromise thereof or judgment or award thereon is paid in full by the indemnifying party and the indemnified party is reimbursed by the indemnifying party for any amounts paid by the indemnified party n compromise thereof or upon judgment or award thereon and in defense of such action or claim, including reasonable attorneys' fees incurred. The representations, warranties, and covenants of the parties contained herein shall survive the termination of this Lease without regard to any investigation made by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. LESSOR STANLEY SNIFF, Chai an La Quinta Redevelopment Agency LESSEE GLENDA HOLT, Mayor City of La Quinta 31ease.agm 10 • • EXHIBIT A LEGAL DESCRIPTION Lots 19 and 20 of Block 134 of Unit No. 14 of Santa Carmelita at Vale La Quinta as per map recorded in book 18, pages 82 and 83 of Maps, Records of Riverside County, California. to/ B� EXHIBIT B SITE MAP "..01, EZOOP o 4 SON �e Q / i ",J• D 0 I D2 u d v 9D 3 @ 4 to R Z °-4/0O u 5 /© 6 e: � 3• 8 8 n iy n eo•o4 'G tie HIDAL 60 1 © 24 1 B3•o4 '.y,� / �0./4Ac.f o _ _ I n 23 Q24AatQ•� I 2 22 0.5/Act M 2/ 4 90. v7 I+• M % /8 O /g 7 /e4.A • /7 ® ® .8 /e4.3 a /6 O ©9. /o ° /5 ° /4 AM O 23Ac ! o' /2 °n /3 /2 M se.e4 ss• �'�, PROPERTY INFORMATION 51-350 Avenida Navarro . APN: 773-104-005 and 773-104-006 OWNER: La Quinta Redevelopment Agency 30 1 3e I 0 3e ' *ATTACHMENT #3 SUBLEASE AGREEMENT URIOiNAL THIS SUBLEASE AGREEMENT (the "Sublease") is entered into this -day of av u-: 1996, by and between the City of La Quinta, a municipal corporation formed under the laws of the State of California ("Sublessor" or "City") and the United States Postal Service ("Sublessee"). RECITALS WHEREAS, Sublessor entered into a certain Lease Agreement as "Lessee" with the La Quinta Redevelopment Agency ("Lessor") dated F - & -1996 (the "Lease"); and WHEREAS, pursuant to the Lease, Sublessee and Sublessor desire to enter into this Sublease to effectuate the intent of the Lease which is to provide additional property to the United States Postal Service to assist them in the process of making ZIP Code adjustments that will be compatible with the City of La Quinta's municipal lines which is anticipated to become effective December 'l, 1995. AGREEMENTS In consideration of the payments to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows: Section 1. DEFINITIONS "Lease" shall mean the Lease Agreement, dated as of v % 1996 between the City and the La Quinta Redevelopment Agency. "Property" shall mean the property and improvements thereon which are the subject of this Sublease Agreement and which are more particularly described in the Lease Agreement. Section 2. SUBLEASE OF THE PROPERTY The City hereby leases the Property to the Sublessee and the Sublessee hereby takes and assumes all obligations of the Lessee as set forth in the Lease with the exception of the following provisions: (a) Sublessor Assistance. Sublessor shall assist Sublessee in the amount equal to the costs of payment of all required municipal permit fees (collectively, the "Sublessor Assistance"). (b) Rom. During the term of this Sublease, Sublessee shall pay to Sublessor a rent payment amount of One Dollar ($1.00) per year for the term of the Sublease (the 'Base Rent"). Rent for any period during the term hereof which is less than one year shall be a pro rata portion of the Base Rent. Rent shall be payable to Sublessor at the address stated herein or to such other persons or at such other places as Sublessor may designate in writing. The term of this Sublease shall commence on the execution date hereof and shall terminate simultaneously with the termination of the Lease. Section 3. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Sublessor or Sublessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below: To Sublessor: To Sublessee: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 United States Postal ' Service San Diego District 11251 Rancho Carmel Drive, Room 366 San Diego, CA 92199-9321 Section 4. BINDING EFFECT This Sublease shall inure to the benefit of and shall be binding upon the City and the Sublessee and their respective successors and assigns. Section 5. SEVERABILITY If any one or more of the terms, provisions, covenants or conditions of this Sublease Agreement shall to any extent be declared invalid, enforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants and conditions of this Sublease shall be affected thereby, and each provision of this Sublease shall be valid and enforceable to the fullest extent permitted by law. Section 6. AMENDMENTS Attached hereto and made a part hereof are the United States Postal Service General Conditions to USPS Lease. The terms of this Sublease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the City and the Sublessee or their successors in interest. 3sublease.gm 2 Section 7. APPLICABLE LAW This Sublease shall be governed by and construed in accordance with the laws of the federal law. Section 8. VALIDITY If any one or more of the terms, provisions, promises, covenants or conditions of this Sublease shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, promises, covenants and conditions of this Sublease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the City and Sublessee have caused this Sublease to be executed on their behalf by their duly authorized signataries, all as of the date first written above. CITY OF LA QUINTA GLENDA HOLT, Mayor O. UNITED STATES POSTAL SERVICE By. Its: "SUBLESSEE" 3sublease.agm 04 UNITED STATES val POSTAL SERVICE. SECTION A A.1 CHOICE OF LAW This Lease shall be governed by federal law. A.2 DEFINITIONS General Conditions to USPS Lease mailed to Lessor at the address specified on page 3 of the Lease, or at an address that Lessor has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and may be hand delivered or mailed, addressed to "Contracting Officer, U.S. Postal Service" at the address specified on page 3 of the Lease, or at an address that the Postal Service has otherwise directed in writing. As used in this contract, the following terms have the following A.4 MORTGAGEE'S AGREEMENT meanings: a. "Contracting officer" means the person executing this contract on behalf of the Postal Service, and any other employee who is a properly authorized contracting officer, the term includes, except as otherwise provided in the contract, the authorized representative of a contracting officer acting within the limits of the authority conferred upon that person. b. "Successful offeror," "offeror," "contractor," or "Lessor" are interchangeable and refer to the party whose proposal is accepted by the Postal Service. c. "Lease" and "agreement" are interchangeable and refer to this document, including all riders and attachments thereto. A.3 EXECUTION REQUIREMENTS a. All co -owners and all other persons having or to have a legal interest in the property must execute the Lease. If the offeror is married, the husband or wife of the offeror must also execute the Lease. The offeror must submit adequate evidence of title. b. If the offeror is a general partnership, each member must sign. c. If the offeror is a limited partnership, all general partners must sign. d. Where the offeror is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. e. Where the offeror is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. f. Where the offeror is a corporation, leases and lease agreements entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. g. Where the offeror is a corporation, municipal corporation, fraternal order or society, the Lease must be accompanied by documentary ,evidence affirming the authority of the agent, or agents, to execute the Lease to bind the municipal corporation, fraternal order or society for which he (or they) purports to act. The usual evidence required to. establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. h. Notices. Any notice to Lessor provided under this Lease or under any law or regulation must be in writing and may be hand delivered or If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the offeror must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the offeror must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. A.5 EQUAL OPPORTUNITY a. The contractor may not discriminate against employees or applicants because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. This action must include, but not be limited to, employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of this clause. b. The contractor must, in all solicitations or advertisements for employees placed by it or on its behalf, state that all qualified applicants will be considered for employment without regard to race, color, religion, sex, or national origin. c. The contractor must send to each union or workers' representative with which the contractor has a collective bargaining agreement or other understanding, a notice, provided by the contracting officer, advising the union or workers' representative of the contractor's commitments under this clause, and must post copies of the notice in conspicuous places available to employees and applicants. d. The contractor must comply with all provisions of Executive Order (EO) 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor must furnish all information and reports required by the Executive order, and by the rules, regulations, and orders of the Secretary, and must permit access to the contractor's books, records, and accounts by the Postal Service and the Secretary for purposes of investigation to ascertain compliance with these rules, regulations, and orders. f. If the contractor fails to comply with this clause or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part; the contractor may be declared ineligible for further contracts in accordance with the Executive order, and other sanctions may be imposed and remedies invoked under the Executive order, or by rule, regulation, or order of the Secretary, or as otherwise provided by law. g. The contractor must insert this clause, including this paragraph g, in all subcontracts or purchase orders under this contract unless exempted by Secretary of Labor rules, regulations, or orders issued under the RCTFRYRC i i— •�o r. -2 UNITED ST13TES POSTAL SERVICE_ Executive order. The contractor must take such action with respect to any such subcontract or purchase order as the Postal Service may direct as a means of enforcing the terms and conditions of this clause (including sanctions for noncompliance), provided, however, that if the contractor becomes involved in, or is threatened with, litigation as a result, the contractor may request the Postal Service to enter into the litigation to protect the interests of the Postal Service. h. Disputes under this clause will be governed by the procedures in 41 CFR 60-1.1. A.6 FACILITIES NONDISCRIMINATION a. As used in this clause, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nature in the building in which the space covered by this Lease is located. b. The Lessor agrees that he will not discriminate by segregation or otherwise against any person or persons because of race, religion, color, age, sex, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility including any and all services, privileges, accommodations, and activities provided thereby. c. It is agreed that the Lessor's noncompliance with the provisions of this clause shall constitute a material breach of this Lease. In the event of such noncompliance, the Postal Service may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law. In the event of termination, the Lessor shall be liable for all excess costs of the Postal Service in acquiring substitute space, including but not limited to the cost of moving to such space. d. The Lessor agrees to include, or to require the inclusion of the foregoing provisions of this clause (with the terms "Lessor" and 'Lease" appropriately modified) in every agreement or concession pursuant to which any person other than the Lessor operates or has the right to operate any facility. The Lessor also agrees that it will take such action with respect to any such agreement as the Postal Service may direct as a means of enforcing this clause, including but not limited to termination of the agreement or concession. A.7 OFFICIALS NOT TO BENEFIT No member of or delegate to Congress may be admitted to any part or share of this contract, or to any benefit arising from it. This prohibition does not apply to the extent this contract is with a corporation for the corporation's general benefit. A.8 CONTINGENT FEES a. The offeror warrants that no person or selling agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide, established commercial or selling agencies maintained by the Lessor for the purpose of obtaining business. b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at its sole discretion, to deduct from the contract price or consideration, or otherwise recover from offeror the full amount of the commission, percentage, brokerage fee, or contingent fee. c. Licensed real estate agents or brokers having listings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this lease, may General Conditions to USPS Lease be considered as bona fide employees or agencies within the exception contained in this clause. A.9 ASSIGNMENT OF CLAIMS a. If this contract provides for payments aggregating $10,000 or more, claims for moneys due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one parry as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with 1.The contracting officer; and 2.The surety or sureties upon any bonds. b. Except with the written consent of the Contracting Officer, assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. c. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, so long as such transfer is subject to this agreement. A.10 COMPLIANCE WITH OSHA STANDARDS To the extent this agreement is for construction, alteration, and/or repairs, the Lessor must (i) comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations, Part 1910, promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970; (ii) comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with (i); and (iii) take all other proper precautions to protect the health and safety of (a) any laborer or mechanic employed by the Lessor in performance of this agreement, (b) Postal Service employees, and (c) the public. The Lessor must include this clause in all subcontracts hereunder and to require its inclusion in all subcontracts of a lower tier. The term "Lessor' as used in this clause in any subcontract must be deemed to refer to the subcontractor. A.11 EXAMINATION OF RECORDS a. The Postal Service and its authorized representatives will, until three years after final payment under this contract, or for any shorter period specified for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the contractor involving transactions related to this contract. b. The contractor agrees to include in all subcontracts under this contract a provision to the effect that the Postal Service and its authorized representatives will, until three years after final payment under the subcontract, or for any shorter specified period for particular records, have access to and the right to examine any directly pertinent books, documents, papers, or other records of the subcontractor involving transactions related to the subcontract. The term "subcontract as used in this clause excludes: 1. Purchase orders; and RETERMSS Nan. tY9s) VO�+ UNITEDST13TES POSTAL SERVICE. 2. Subcontracts for public utility services at rates established for uniform applicability to the general public. A.12 CLEAN AIR AND WATER The contractor agrees: a. To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports. and information, as well as other requirements specified in section 114 of the Clean Air Act and section 308 of the Clean Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; b. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; . c. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and d. To insert the substance of this clause into any nonexempt subcontract, including this paragraph d. A.13 CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. C. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph d.2 below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. 1. A claim by the contractor must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the contractor is subject to a written decision by the contracting officer. General Conditions to USPS Lease 3. (a) If the contractor is an individual, the certification must be executed by that individual. (b) If the contractor is not an individual, the certification must be executed by: (1) A senior company official in charge at the contractor's plant or location involved; or (2) An officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs. e. For contractor claims of $50,000 or less, the contracting officer must, if requested in writing by the contractor, render a decision within 60 days of the request. For contractor -certified claims over $50,000, the contracting officer must, within 60 days, decide the claim or notify the contractor of the date by which the decision will be made. f. The contracting officer's decision is final unless the contractor appeals or files a suit as provided in the Act. g. The Postal Service will pay interest on the amount found due and unpaid from: 1. The date the contracting officer receives the claim (properly certified if required); or 2. The date payment otherwise would be due, if that date is later, until the date of payment. h. Simple interest on claims will be paid at a rate determined in accordance with the Interest clause. i. The contractor must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. A.14 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS The following clause is applicable if this contract provides for payments aggregating $2,500 or more. a. The contractor may not discriminate against any employee or applicant because of physical or mental handicap, in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other fortes of compensation, and selection for training (including apprenticeship). 2. For contractor claims exceeding $50,000, the contractor must b. The contractor agrees to comply with the rules, regulations, and submit with the claim a certification that: relevant orders of the Secretary of Labor issued pursuant to the Rehabilitation Act of 1973, as amended. (a) The claim is made in good faith; (b) Supporting data are accurate and complete to the best of the contractor's knowledge and belief; and (c) The amount requested accurately reflects the contract adjustment for which the contractor believes the Postal Service is liable. c. In the event of the contractor's noncompliance with this clause, action may be taken in accordance with the rules and regulations and relevant orders of the Secretary of Labor. d. The contractor agrees to post in conspicuous places, available to employees and applicants, notices in a form to be prescribed by the Director, Office- of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractor's obligation under the law to take affirmative action to employ and advance RETERMSS l L t"s) UNITED STATES POSTAL SERVICE_ in employment qualified handicapped employees and applicants, and the rights of applicants and employees. e. The contractor must notify each union or worker's representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of section 503 of the Act and is committed to taking affirmative action to employ, and advance in employment, handicapped individuals. f. The contractor must include this clause in every subcontract or purchase order over $2,500 under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so its provisions will be binding upon each subcontractor or vendor. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. A.15 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA If this contract provides. for payments aggregating $10,000 or more, the following clause is applicable. a. The contractor may not discriminate against any employee or applicant because that employee or applicant is a disabled veteran or veteran of the Vietnam era, in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). b. The contractor agrees that all suitable employment openings of the contractor existing at the time of the execution of this contract or occurring during its performance (including those not generated by this contract and those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates) will be listed at an appropriate local office of the State employment service system where the opening occurs. The contractor further agrees to provide such reports to the local office regarding employment openings and hires as may be required. State and local government agencies holding Postal Service contracts of $10,000 or more will also list all their suitable openings with the appropriate office of the State employment service. c. Listing of employment openings with the employment service system will be made at least concurrently with the use of any other recruitment source or effort and will involve the normal obligations attaching to the placing of a bona fide job order, including the acceptance of referrals of veterans and non -veterans. The listing of employment openings does not require the hiring of any particular applicant or hiring from any particular group of applicants, and nothing herein is intended to relieve the -contractor from any other requirements regarding nondiscrimination in employment. ' d. Whenever the contractor becomes contractually bound to the listing provisions of this clause, it must advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. The contractor may advise the State system when it is no longer bound by this clause. e. Paragraphs b, c, and d above do not apply to openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement. But this General Conditions to USPS Lease exclusion does not apply to a particular opening once the contractor decides to consider applicants outside its own organization or employer/union arrangements for that opening. Definitions 1. "All suitable employment openings" includes openings that occur in the following job categories: production and non -production; plant and office; laborers and mechanics; supervisory and non - supervisory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than three days' duration, and part- time employment. It does not include. openings the contractor proposes to fill from within its own organization or under a customary and traditional employer/union hiring arrangement or openings in an educational institution that are restricted to students of that institution. Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations in which the needs of the Postal Service cannot reasonably be otherwise supplied, when listing would be contrary to national security, or when the requirement of listing would otherwise not be in the best interests of the Postal Service. 2. "Appropriate office of the State employment service" means the local office of the Federal/State national systems of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled. 3. "Openings the contractor proposes to fill from within its own organization" means employment openings for which persons outside the contractors organization (including any affiliates, subsidiaries, and the parent companies) will not be considered and includes any openings the contractor proposes to fill from regularly established "recall" lists. 4. "Openings the contractor proposes to fill under a customary and traditional employer/union hiring arrangement" means employment openings the contractor proposes to fill from union halls as part of the customary and traditional hiring relationship existing between it and representatives of its employees. g. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended. h. In the event of the contractors noncompliance with this clause, action may be taken in accordance with the rules, regulations, and relevant orders of the Secretary. i. The contractor agrees to post in conspicuous places, available to employees and applicants, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. These notices state the contractors obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. j. The contractor must notify each union or workers' representative with which it has a collective bargaining agreement or other understanding that the contractor is bound by the terms of the Act and is committed to taking affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. k. The contractor must include this clause in every subcontract or purchase order of $10,000 or more under this contract unless exempted by rules, regulations, or orders of the Secretary issued pursuafnt to the Act, so its provisions will be binding upon each subcontractor or vendor. RETERMSS (jan. isas) -G�' UNITED STATES POSTLIL SERVICE. The contractor must take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce in these provisions, including action for noncompliance. A.16 GRATUITIES a. The Postal Service may terminate this contract for default if, after notice and a hearing, the Postal Service Board of Contract Appeals determines that the contractor or the contractors agent or other representative: General Conditions to USPS Lease Postal Service contract or to imply in any manner that the Postal Service endorses its products. A.19 RECORDING Recording Not Required A.20 SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 1. Offered or gave a gratuity (such as a gift or entertainment) to an officer or employee of the Postal Service: and A.21 ALTERATIONS 2. Intended by the gratuity to obtain a contract or favorable treatment under a contract. b. The rights and remedies of the Postal Service provided in this clause are in addition to any other rights and remedies provided by law or under this contract. A.17 HAZARDOUSITOXIC CONDITIONS CLAUSE "Friable asbestos material" means any material containing more than 1 % asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry. Sites cannot have contaminated soil, water or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law is subsequently identified on the premises, the Lessor agrees to remove such materials or substances upon notification by the U. S. Postal Service at Lessor's sole cost in accordance with EPA and/or State guidelines. If the Lessor fails to remove the asbestos or hazardous/toxic, materials or substances, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Lessor by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Lessor certifies: 1. The property and improvements are free of all contamination from petroleum products or any hazardousitoxic or unhealthy materials or substances including friable asbestos, as defined by applicable State or Federal law. 2. There are no undisclosed underground storage tanks or associated piping on the property. The Lessor hereby indemnifies the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense and/or liability resulting from, brought for, or on account of any violation of this clause. A.18 ADVERTISING OF CONTRACT AWARDS Except with the contracting officer's prior approval, the contractor agrees not to refer in its commercial advertising to the fact that it was awarded a The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. Prior to expiration or termination of this lease the Postal Service may remove such alterations and improvements and restore the premises to as good condition as that existing at the time of entering upon the same under the lease, reasonable and ordinary wear and tear and damages by the elements or by circumstances over which the Postal Service has no control, excepted. If however, at the expiration or termination of the lease or any renewal or extension thereof, the Postal Service elects not to remove such alterations and/or improvements, said alterations and/or improvements shall become the property of the Lessor and any rights of restoration are waived. A.22 APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. A.23 DAMAGE OR DESTRUCTION OF PREMISES If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection or are otherwise determined by the Postal Service to be unfit for use and occupancy, the Postal Service may: a. terminate this lease as of the date the premises become unfit for use and occupancy, or b. require the Lessor to repair or rebuild the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. For any period the premises, or any part thereof, are unfit for use and occupancy, the rent will be abated in proportion to the area determined by the Postal Service to be untenantable. Unfitness for use does not include unsuitability arising from such causes as design, sae, or location of the premises, or c. accomplish all repair necessary for postal occupancy and deduct all such costs, plus administrative burden from future rents. �, UNITED STATES i _ POSTAL SERVICE. General Conditions to LISPS Lease A.24 LESSOR OBLIGATIONS n. If air-conditioning equipment is furnished - Lessor must furnish air conditioning equipment in the demised premises in good working order The Lessors obligations regarding the services to be provided are further and, if maintained by Lessor, will be maintained in accordance with the defined as follows: Maintenance Rider included attached hereto. a. If heating system and fuel are furnished - Lessor must furnish heating system together with all fuel required for proper operation of the system during the continuance of the Lease. The system must be in good working order and, if maintained by the Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. b. If heat is furnished - Lessor must maintain a uniform heating temperature of 65 degrees F. in all enclosed portions of the demised premises during the continuance of the Lease. o. If air-conditioning is furnished - Lessor must maintain a uniform temperature of no greater than 78 degrees F. in all enclosed portions of the demised premises and be responsible for servicing of the air conditioning equipment including, but not limited to, the replacement of necessary filters and refrigerant as required for proper operation of the equipment together with power, water and other services for its operation. A.25 LESSOR'S SUCCESSORS c. If heating system is furnished - Lessor must furnish heating system in good working order and, if maintained by Lessor, will be maintained in The terms and provisions this Lease and the conditions herein are a accordance with the Maintenance Rider attached hereto. binding on the Lessor, and all heirs, executors, administrators, successors, and assigns. d. If lighting fixtures and power are furnished - Lessor must provide light fixtures in good working order as well as pay all recurring electric A.26 DRUG -FREE WORKPLACE bills. a. Applicability. This clause applies to all contracts with individuals e. If light fixtures are furnished - Lessor must provide light fixtures in without regard to the dollar amount, and to all other contracts over good working order. $50,000. f. If electricity is furnished - Lessor must pay for all recurring electric bills and furnish the electrical system during the continuance of the Lease. g. If electrical system is furnished - Lessor must furnish an electrical system in good working order having a separate electrical meter. h. If water system and water are furnished - Lessor must furnish a water system in good working order and pay for all recurring water bills during the continuance of the Lease. i. If water system is furnished - Lessor must furnish a water system in good working order with separate water meter. j. If sewerage service is furnished - Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines and related devices, as necessary and to pay all charges, fees and other costs for such system and services during the continuance of the Lease. k. If sewerage system is furnished - Lessor agrees to furnish sewerage systems including all equipment, piping, plumbing, lines, connections, septic tanks, field lines, and related devices, as necessary during the continuance of the Lease. I. Future Availability of Public Water and/or Sewerage Services - Regardless of Lessor's responsibility for water and/or sewerage under this Lease, if public water and/or sewerage services are not currently available, but become available in the future, the Lessor agrees to accomplish connection, maintain, and pay all fees and costs involved in connecting the building system to the public water and/or sewerage systems. After connection, the Postal Service agrees to pay recurring charges for water consumption and use of sewerage services. If connection of such services is optional, the Postal Service will determine if the connection is to be made by the Lessor. m. If air-conditioning equipment and operating power are provided - Lessor must furnish air-conditioning equipment together with all power required for proper operation of the equipment during the continuance of the Lease.. The equipment must be in good working order and, if maintained by the Lessor, will be maintained in accordance with the Maintenance Rider attached hereto. b. Exceptions. This clause does not apply to those contracts that are to be performed completely outside of the United States, its territories, and possessions. c. Definitions. As used in this clause: 1. "Controlled substance" means those substances identified in schedules I through V, Section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined in 21 CFR Sections 1308.11 through 1308.15. 2. "Conviction" means a finding of guilt (including a finding based on a plea of guilty or a plea of nolo contender) by any judicial body charged with the responsibility to determine violations of criminal drug statutes. 3. "Criminal drug statute means a federal or non-federal criminal statute involving drug abuse. 4. "Drug abuse" means the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. 5. "Employee" means any person directly engaged in the performance of work under a Postal Service contract. 6. "Individual" means a contractor with no employees other than himself or herself. 7. "Workplace" means any site where work is being done in connection with this contract. d. Requirements 1. Contractors, except as individuals, must provide a drug -free workplace by: (a) Publishing, publicly posting, and furnishing each employee a statement that drug abuse in the workplace is prohibited and specifying what actions will be taken against employees for violations of the prohibition; (b) Establishing a drug -free awareness program to inform all employees about: RETERMSS (Jan.1995) _UNITED ST12TES POSTAL SERVICE. (1) The dangers of drug abuse in the workplace; (2) The contractors policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Notifying all employees that, as a condition of continued employment on this contract, the employee must: (1) Abide by the contractor's prohibition of drug abuse in the workplace; and (2) Notify the contractor of any criminal drug conviction for a violation occurring in the workplace within five (5) days of such conviction; (d) Notifying the contracting officer within ten (10) days of receiving a notice of a conviction from an employee or otherwise; (e) Instituting appropriate personnel action, up to and including termination, against an employee or requiring the employee to complete a drug abuse assistance or rehabilitation program approved by a Federal, State, local health, law enforcement, or other appropriate agency within thirty (30) days of receiving a notice of conviction; and (f) Making consistent and good faith efforts to maintain a drug - free workplace through implementation of paragraphs d.t.(a) through d.1.(e), above. 2. The contractor, if an individual, must not engage in drug abuse in the performance of this contract. e. Sanctions. Violation of the terms of this clause may be grounds for the termination for default, and suspension or debarment from eligibility for future Postal Service contracts. A.27 DAVIS-BACON ACT The following is applicable if this agreement covers premises of net interior space in excess of 6,500 square feet and involves construction work over $2,000.00. a. Minimum Wages 1. All mechanics and laborers employed in the contract work (other than maintenance work of a recurring, routine nature necessary to keep the building or space in condition to be continuously used at an established capacity and efficiency for its intended purpose) must be paid unconditionally, and not less than once a week, without deduction or rebate (except for deductions permitted by, the Copeland Regulations (29 CFR Part 3)), the amounts due at the time of payment computed at rates not less than the aggregate of the basic hourly rates and rates of payments, contributions, or costs for any fringe benefits contained in the wage -determination decision of the Secretary of Labor, attached hereto, regardless of any contractual relationship alleged to exist between the. Lessor, or subcontractor and these ' laborers and mechanics. A copy of the wage -determination decision must be kept posted by the Lessor at the site of the work in a prominent place where it can easily be seen by the workers. General Conditions to USPS Lease 2. The Lessor may discharge its obligation under this clause to workers in any classification for which the wage -determination decision contains: (a) Only a basic hourly rate of pay, by making payment at not less than that rate, except as otherwise provided in the Copeland Regulations (29 CFR Part 3); or (b) Both a basic hourly rate of pay and fringe -benefit payments, by paying in cash, by irrevocably contributing to a fund, plan, or program for, or by assuming an enforceable commitment to bear the cost of, bona fide fringe benefits contemplated by 40 U.S.C. 276a, or by a combination of these. 3. Contributions made, or costs assumed, on other than a weekly basis (but not less often than quarterly) are considered as having been constructively made for a weekly period. When a fringe benefit is expressed in a wage determination in any manner other than as an hourly rate and the Lessor pays a cash equivalent or provides an alternative fringe benefit, the Lessor must furnish information with the Lessors payrolls showing. how the Lessor determined that the cost incurred to make the cash payment or to provide the alternative fringe benefit is equal to the cost of the wage -determination fringe benefits. When the Lessor provides a fringe benefit different from that contained in the wage determination, the Lessor must show how the hourly rate was arrived at. In the event of disagreement as to an equivalent of any fringe benefit, the contracting officer must submit the question, together with the contracting officers recommendation, to the Secretary of Labor for final determination. . 4. If the contractor does not make payments to a trustee or other third person, the contractor may consider as payment of wages the costs reasonably anticipated in providing bona fide fringe benefits, but only with the approval of the Secretary of Labor pursuant to a written request by the Lessor. The Secretary of Labor may require the Lessor to set aside assets in a separate account, to meet the Lessors obligations under any unfunded plan or program. 5. The contracting officer will require that any class of laborers or mechanics not listed in the wage -determination but to be employed under the contract will be classified in conformance with the wage - determination and report the action taken to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210-0001, for approval. The contracting officer will approve an additional classification and wage rate and fringe benefits therefor only if: (a) The work to be performed by the classification requested is not performed by a classification in the wage -determination; (b) The classification is utilized in the area by the construction industry; and (c) The proposed wage rate; including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. 6. If the Lessor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate and fringe benefits therefor, the contracting officer must submit the question, together with the views of the interested parties and the contracting officers recommendation, to the Wage and Hour Administrator for final determination. The Administrator or authorized representative will, within 30 days of receipt, approve, modify, or disapprove every proposed additional classification action, or issue a final determination if the parties disagree, and so advise the Contracting officer or advise that additional time is necessary. The final RETERMSS (Jan. im) VUNITED STATES POSTAL SERVICE. approved wage rate (and fringe benefits if appropriate) must be paid to all workers performing work in the classification under the contract from the first day work is performed in the classification. The Lessor will post a copy of the final determination of the conformance action with the wage -determination determination at the site of the work. (The Department of Labor information collection and reporting requirements contained in subparagraph a.5 above and in this subparagraph a.6 have been approved by the Office of Management and Budget under OMB control number 1215-0140.) b. Apprentices and Trainees 1. Apprentices may be permitted to work only when (a) registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor, or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, or (b) if not individually registered in the program, certified by the Bureau of Apprenticeship and Training or State agency (as appropriate) to be eligible to work only if individually registered in a program approved by the Employment and Training Administration, U.S. Department .of Labor. 2. The ratio of apprentices to journeymen or trainees to journeymen in any craft classification must not be greater than that permitted for the Lessors entire work force under the registered apprenticeship or trainee program. Apprentices and trainees must be paid at least the applicable wage rates and fringe benefits specified in the approved apprenticeship or trainee program for the particular apprentice's or trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage - determination. If the apprenticeship or trainee program does not specify fringe benefits, apprentices or trainees must be paid in the full amount of fringe benefits listed on the wage -determination for the applicable classification unless the Administrator of Wage and Hour Division determines that a different practice prevails. Any employee listed on a payroll at an apprentice or trainee wage rate not registered, or performing work on the job site in excess of the ratio permitted under the registered program, must be paid the wage rate on the wage determination for the Classification of work actually performed. 3. If the Bureau of Apprenticeship and Training or State agency recognized by the Bureau (as appropriate) withdraws approval of an apprenticeship program, or if the Employment and Training Administration withdraws approval of a trainee program, the contractor will no longer be permitted to utilize apprentices or trainees (as appropriate) at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (See 29 CFR 5.16 for special provisions that apply to training plans approved or recognized by the Department of Labor prior to August 20, 1975.) 4. The utilization of apprentices, trainees, and journeymen must be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. c. Overtime Compensation 1. The Lessor may not require or permit any laborer or mechanic employed on any work under this contract to work more than 40 hours in any workweek on work subject to the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), unless the laborer or mechanic receives compensation at a rate not less than one -and -one-half times the laborers or mechanic's basic rate of pay for all such hours worked in excess of 40 hours. General Conditions to USPS Lease 2. For violations of subparagraph c.1 above, the Lessor is liable for liquidated damages, which will be computed for each laborer or mechanic at $10 for each day on which the employee was required or permitted to work in violation of subparagraph c.1 above. 3. The contracting officer may withhold from the Lessor sums as may administratively be determined necessary to satisfy any liabilities of the Lessor for unpaid wages and liquidated damages pursuant to subparagraph c.2 above. d. Payroll and Other Records 1. For all laborers and mechanics employed in the work covered by this clause, the Lessor must maintain payrolls and related basic records and preserve them for a period of three years after contract completion. The records must contain the name, address, and social security number of each employee, the employee's correct classification, rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits), the daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Lessor has obtained approval from the Secretary of Labor to assume a commitment to bear the cost of fringe benefits under subparagraph a.4 above, the Lessor must maintain records showing the commitment and its approval, communication of the plan or program to the employees affected, and the costs anticipated or incurred under the plan or program. Lessors employing apprentices or trainees under approved programs must maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 2. The Lessor must submit weekly, for each week in which any work covered by this clause is performed, a copy of all payrolls to the contracting officer. The Lessor is responsible for the submission of copies of payrolls of all subcontractors. The copy must be accompanied by a statement signed by the Lessor indicating that the payrolls are correct and complete, that the wage rates contained in them are not less than those determined by the Secretary of Labor, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Submission of the Weekly Statement of Compliance (see 29 CFR 5.5(a)(3)(ii)) required under this agreement satisfies this requirement. As required by this clause, the Lessor must submit a copy of any approval by the Secretary of Labor. (The Department of Labor information collection and reporting requirements in this subparagraph d.2 have been approved by the Office of Management and Budget under OMB control numbers 1215-0140 and 1215-0017.) 3. The Lessors records required under this clause must be available for inspection by authorized representatives of the contracting officer and the Department of Labor, and the Lessor must permit the representative to interview employees during working hours on the job. 4. The Lessor must comply with the Copeland Regulations of the Secretary of Labor (29 CFR Part 3), which are hereby incorporated in this contract by reference. e. Withholding of Funds. The contracting officer may withhold from the Lessor under this or any other contract with the Lessor so much of the accrued payments or advances as is considered necessary to pay all laborers and mechanics the full amount of wages required by this contract or any other contract subject to the Davis -Bacon prevailing wage requirements that is held by the Lessor. RETERMSS (ian. isss) AGENDA CATEGORY: BUSINESS SESSION: / COUNCIL/RDA MEETING DATE: October 4, 2005 CONSENT CALENDAR: ITEM TITLE: Consideration of Interim Monument Signage STUDY SESSION: for SilverRock Resort PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the Agency. FISCAL IMPLICATIONS: On February 15, 2005, the Agency appropriated $1.2 million from Redevelopment Project Area No. 1 reserves and $400,000 from Project Area No. 2 reserves. Included within this allocation was an' additional $150,000 for signage and lighting at the entrance to SilverRock Resort, bringing the total allocation to $300,000. Based on the bid in the amount $14,750, there is sufficient funding within the budget to award this project. BACKGROUND AND OVERVIEW: On October 5, 2004, the Agency approved a $20,000 contract amendment with GMA International to design the monument signs for SilverRock Resort. On February 15, 2005, staff presented additional signage and lighting for the entrance to SilverRock Resort. GMA International prepared a set of plans and specifications for the entry signage at Avenue 52/Cetrino and Avenue 52/Jefferson Street. These improvements consist of masonry block construction with lettering and detailing as approved by the Agency on November 16, 2004. On March 3, 2005, the Agency approved a $5,000 contract amendment for structural design of the monument signs by GMA's structural engineer sub -consultant. On July 19, 2005, the Agency approved the PS&E for the SilverRock Resort Monument Signs, Project No. 2002-07K and authorized the City Clerk to advertise the project for bids. S:\CityMgr\STAFF REPORTS ONLY\10-4-05\61 Interim Sign.doc On August 30, 2005, two sealed bids were received for the construction of this project. Brandt Commercial Signs submitted the lowest bid; however, their bid was determined non -responsive because they did not acknowledge either of the two addendums within their bid. Therefore, Bravo Sign & Design, Inc. submitted the lowest responsive bid in the amount of $153,500. Subsequent to the advertisement for bids, concerns arose over the configuration of the logo and wording on the signs as designed by GMA International. In June 2004, McMurry submitted recommended graphic standards for SilverRock Resort. The monument signs approved by the Agency on July 19, 2005 did not conform to these standards. On September 6, 2005, the Agency rejected the monument signs as designed by GMA International because they did not conform to the approved logo standards. Furthermore, the Agency directed Staff to seek alternative designs to better accommodate the logo standards. Because the monument signs require a redesign, the completion of the monument signs is projected to be in late spring or early summer 2006. For this reason it has been recommended by the operator at SilverRock Resort that we install an interim monument sign (Attachment 1) at the entrance to SilverRock Resort on Avenue 52. Staff received a bid from R.S. Carlson & Associates Inc. (Attachment 2) for a multi - stone entry feature. This design conforms to the logo standards and will use the correct font for "SilverRock", "Resort", and "La Quinta." Once the monument signs have been completed, the interim sign may be relocated to another location on the site. La Quinta Municipal Code 3.30.070 ( c ) authorizes the City Council to award contracts for public works projects without competitive bidding provided that such award is in the best interest of the city or of the public health, safety and welfare. R.S. Carlson & Associates, Inc. has made smaller signs of similar construction throughout the golf course. Staff would recommend using R.S. Carlson & Associates, Inc. for consistency. The season is quickly approaching and it is important to have an interim sign in place while the permanent sign is being designed and bid via the standard practices. K FINDINGS AND ALTERNATIVES: Alternatives available to the Agency include: 1. Accept the bid from R.S. Carlson & Associates inc. for an interim multi -stone entry feature; or 2. Direct staff to find other interim entry features; or 3. Direct staff not to install an interim entry feature; or 4. Provide staff with alternative direction. ully submitted, Timo hy�. Public Wor Attachments: Inasson, P.E. Director/City Engineer Approved for submission b l homas P. Genovese, Executive Director 1. Proposed interim sign 2. R.S. Carlson & Associates Inc. Bid 3 tilfLCI!IJ7 Z) 1r:ji i5ndraai��� STONE CREATIONS PAGE 02 ATTACHMENT 1 CI 01/20/1995 17:31 15037881233 STONE CREATIONS PAGE 03 ATTACHMENT 2 P.O. 8nx 82760 t.11 503.788.780u Portland, Orqun 1.800.716.5992 11728 2 text 50.1.788.123.3 R S. ( k N I �,0\ September 14, 2005 Landmark Golf 74947 Hwy # 111 Indian Wells, CA 92210 Attn: Johnny Pott RE: Signage for "SilvcrRock Resort" Dear Johnny, Thank you for allowing us the opportunity to present our contract proposal on the above mentioned project. R.S. Carlson & Assoc., Inc. agrees to supply and deliver one multi -stone entry feature as specified below. SPECIFICATIONS: One multi -stone entry feature consisting of: One 8' X 4' stone incised with the words SilverRock Resort One 5' X 3' stone incised with the word La Quinta Two 2' X 2' stones (Blank) One powder coated 5 '/2' tall metal logo. Once the stones have been cut, each letter will be painted'dark brown. One multi -stone entry feature as specified above. $14.750.00 (Fourteen thousand seven hundred and fifty dollars) Above price includes on site custom tinting. Above price includes freight. Above price excludes unloading and placement. 5 01/20/1995 17:31 15037881233 STONE CREATIONS PAGE 04 TERMS & CONDITIONS: Purchaser agrees to submit a fifty per cent (50%) deposit with a signed contract. The balance of the contract is due upon delivery of the sign. Purchaser agrees to assume complete responsibility for the payment of all applicable state and local sales and use tax. This proposal remains valid for a period of sixty days commencing from the above listed date. Johnny, if there is any additional information that I may be able to supply you with, please don't hesitate to contact us at 1-800-718-5992. Sincerely, Randall S. Carlson R.S. Carlson & Assoc., Inc. Stone Creations Johnny Pott Date C�