2006 08 01 RDACyr 4 4Quljfa
Redevelopment Agency agendas are
available on the City s web page
@ www.la-t7uinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, AUGUST 1, 2006 - 2:00 P.M.
Beginning Resolution No. RA 2006-009
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Henderson, Kirk, Sniff, and Chairman Osborne
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes. Please watch the timing device on the podium.
CLOSED SESSION
NOTE: Time permitting the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, persons identified as negotiating parties
are not invited into the Closed Session meeting when the Agency is considering acquisition
of real property.
1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R.
EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING
POTENTIAL TERMS AND CONDITIONS AND/OR DISPOSITION OF REAL PROPERTY
LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND PALM
ROYALE. PROPERTY OWNER/NEGOTIATOR: THE ROBERT MAYER CORPORATION,
ROBERT L. MAYER JR.
Redevelopment Agency Agenda
August 1,'2006
2. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R.
EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING
POTENTIAL TERMS AND CONDITIONS AND/OR DISPOSITION OF REAL PROPERTY
LOCATED AT 78-990 MILES AVENUE (APN: 604-032-022). PROPERTY
OWNER/NEGOTIATOR: SOUTHERN CALIFORNIA HOUSING DEVELOPMENT
CORPORATION, ALFREDOIZMAJTOVICH.
3. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, THOMAS P.
GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS AND/OR DISPOSITION OF A
PORTION OF 525 f ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE
52 AND JEFFERSON STREET. PROPERTY OWNER/NEGOTIATOR: THEODORE
LENNON, DDC DESERT DEVELOPMENT.
RECESS TO CLOSED SESSION
RECONVENE AT 3:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the Agency Board on items that appear
within the Consent Calendar or matters that are not listed on the agenda. Please complete
a "request to speak" form and limit your comments to three minutes. When you are called
to speak, please come forward and state your name for the record. Please watch the
timing device on the podium.
For all Agency Business Session matters or Public Hearings on the agenda, a completed
"request to speak" form should be filed with the City Clerk prior to the Agency beginning
consideration of that item.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF JULY 18, 2006.
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 AUGUST 1, 2006.
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Redevelopment Agency Agenda 2 August 1, 2006
2. APPROVAL TO AWARD A CONTRACT TO DAVIS REED CONSTRUCTION, INC. TO
CONSTRUCT THE VISTA DUNES COURTYARD HOMES, PROJECT 2005-12 AND
APPROPRIATION OF FUNDING.
3. APPROVAL TO ENTER INTO AN AGREEMENT FOR CIVIL ENGINEERING SERVICES
FOR PHASE TWO OF THE SILVERROCK RESORT PROJECT.
4. APPROVAL OF A REQUEST BY BUILDING HORIZONS TO ENTER INTO AN
AFFORDABLE HOUSING AGREEMENT FOR THE 12T" YEAR FUNDING BY AND
BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND BUILDING
HORIZONS.
BUSINESS SESSION
1. CONSIDERATION OF CONTRACT AWARD FOR SILVERROCK ON -SITE AND OFF -
SITE NATIVE AREA AND PERIMETER LANDSCAPE ENHANCEMENTS, PROJECT
NO. 2002-07 0, AND APPROVE APPROPRIATIONS FROM THE ECONOMIC
DEVELOPMENT RESERVES.
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT
AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT
53-760 AVENIDA VALLEJO BY AND BETWEEN THE LA QUINTA REDEVELOPMENT
AGENCY AND DEIDRE MOORE.
A. MINUTE ORDER ACTION
Redevelopment Agency Agenda 3 August 1, 2006
2. CONTINUED JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND
REDEVELOPMENT AGENCY TO CONSIDER AN AFFORDABLE HOUSING
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND SOUTHERN
CALIFORNIA HOUSING DEVELOPMENT CORPORATION (SDHDC) TO CONVEY
CERTAIN PROPERTY LOCATED AT 78-990 MILES AVENUE AND SCHDC'S
SUBSEQUENT OWNERSHIP AND OPERATION OF AN AFFORDABLE RENTAL
HOUSING DEVELOPMENT CONSISTING OF 80 DWELLING UNITS RESTRICTED FOR
RENTAL TO AND OCCUPANCY BY VERY LOW INCOME FAMILY HOUSEHOLDS AT
RENT AFFORDABLE TO SUCH HOUSEHOLDS.
A. RESOLUTION ACTION
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on
September 5, 2006, commencing with closed session at 2:00 p.m. and open session at
the conclusion of the City Council Business Session in the City Council Chambers, 78-495
Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Deborah H. Powell, Interim City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta Redevelopment Agency meeting of August 1, 2006,
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 111, on Friday, July
28, 2006.
DATED: July 28, 2006
A- L .
DEBORAH H. POWELL, Interim City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 4
August 1, 2006
T4ty4 4 Q"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: August 1, 2006
CONSENT CALENDAR
ITEM TITLE:
Demand Register Dated August 1, 2006
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
STUDY SESSION
PUBLIC HEARING
Receive and File the Demand Register Dated August 1, 2006 of which $921,173.43
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
005
0 _ o •
5
cent OF
COUNCIIJRDA MEETING DATE: August 1, 2006 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Approval to Award a Contract to Davis Reed CONSENT CALENDAR: o2--
Construction Inc. to Construct the Vista Dunes
Courtyard Homes, Project No. 2005-12 and STUDYSESSION:
Appropriation of Funding
PUBLIC HEARING:
RECOMMENDATION:
Award the contract to Davis Reed Construction Inc. in the amount of $21,400,000 to
construct the Vista Dunes Courtyard Homes, Project No. 2005-12, and appropriate
$4,422,000 from the 2004 Low -Mod Bond issue.
FISCAL IMPLICATIONS:
The following represents the estimated remaining costs to construct the project:
Construction $21,400,000
Construction Management $425,000
Inspection and Testing $50,000
Contingency @ 10% $2,140,000
Total $24,015,000
The following represents the proposed funding sources to complete the project:
2004 Low -Mod Bond Issue (currently appropriated) $18,793,000
Utility Company energy credit $800,000
2004 Low -Mod Bond Issue (new appropriation) * $4,422,000
Total $24,015,000
* Staff will reassign $3,500,000 identified for land purchase in the FY 2006/07 Budget to partially fund this
project.
6106
CHARTER CITY IMPLICATIONS:
None. This is an Agency project rather than a City project. However, because of a
statutory exemption from prevailing wages, the project was bid as a non -prevailing
wage job thereby saving the Agency some of the costs associated with labor.
BACKGROUND AND OVERVIEW:
In December 2003 the Agency Board authorized staff to purchase the Vista Dunes Mobile
Home Park, and refine the site and building plans. At that meeting, the Board also
reviewed a preliminary site and building construction budget that anticipated $13.0 million
hard construction costs, based upon using manufactured homes. The Board also directed
staff to incorporate additional building and site enhancements. Staff presented these
enhancements in August 2004; they included the following:
Increasing the home size/changing construction approach. The total home square
footage for all units increase by 44 percent from 71,000 square feet to the current
103,000 square feet. In order to incorporate other design features, the construction
method was changed from manufactured to site -built units. This allowed for
building improvements that would be compatible with the desert environment.
• Parking improvements. The parking spaces that serve each unit were housed in
carports versus open parking stalls.
• Solar electricity generation. Incorporate solar energy panels so that each dwelling
would benefit from reduced electric energy costs.
• Incorporate better building materials. Improve the exterior and interior finish
materials so that the dwellings would be more durable and on -going maintenance
costs would be reduced.
On May 16, 2006 the Agency approved the Plans, Specifications and Engineer's estimate
(PSE) for the project.
On July 11, 2006 the Agency received the following bids for the project:
Davis Reed Construction
Jaines Corp
Portolessi Construction
Inc. $21,400,000.00
$22, 800, 000.00
$36, 330, 704.30
Assuming the Agency awards the contract for the aforementioned buildings on
August 1, 2006, the following represents the anticipated project schedule:
007
2
Award Construction Contract
Notice to Proceed
Construction Period
Accept Improvements
FINDINGS AND ALTERNATIVES:
Alternatives available to the Agency Board include:
August 1, 2006
August 15, 2006
August 2006-August 2007
September 2007
1. Award the contract to Davis Reed Construction Inc. in the amount of $21,400,000
to construct the Vista Dunes Courtyard Homes, Project No. 2005-12, and
appropriate $4,422,000 from the 2004 Low Mod Bond issue; or
2. Reject all bids and do not award a contract for construction of Project 2005-
012; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung
Director of Building and Safety
Approved for submission by:
Thomas P. Genovese, Executive Director
3
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COUNCIL/RDA MEETING DATE: August 1, 2006
ITEM TITLE: Approval to Enter Into an Agreement for
Civil Engineering Services for Phase Two of the
SilverRock Resort Project
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3—
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement (PSA), in the amount of $602,200, with
RBF Consulting to Prepare the Plans, Specifications, and Engineer's Estimate (PS&E)
for the SilverRock Resort Phase II Infrastructure Improvements.
FISCAL IMPLICATIONS:
The following represents the project's approved funding and funding sources:
RDA Project Area Number 1
$4,135,800.00
Total Funding Available (Fiscal Year 06/07): $4,135,800.00
The following represents the anticipated budget for the design of infrastructure
improvements:
Design:
Total:
$ 602, 200.00
$602,200.00
The construction of SilverRock Resort Phase II is identified for funding within the
City's adopted Capital Improvement Program (CIP), in the amount of $15,754,200,
during Fiscal Years 2007 and 2008.
CHARTER CITY IMPLICATIONS:
None. The project is funded with RDA Project Area Number 1 Funding. As such, the
construction project will be subject to prevailing wage.
BACKGROUND AND OVERVIEW:
The Phase II Infrastructure Improvements are located within the SilverRock Resort
Project Site. The proposed improvements will provide the backbone infrastructure for
the SilverRock Resort, including, including the permanent club house, and second golf
course. The proposed improvements include all wet utilities, dry utilities, roadways
and bridges.
On May 2, 2006, the City Council adopted a resolution approving the Fiscal Year
2006/2007 through 2010/201 1 Capital Improvement Program (CIP). In connection
therewith, the City Council and the Agency Board also adopted findings pursuant to
Health and Safety Code Section 33445 authorizing the use of Agency funds for the
design and construction of these infrastructure improvements. The SilverRock Resort
Phase II Infrastructure Improvements are included within the adopted CIP. The CIP
identifies a prior appropriation in the amount of $4,135,800. This prior appropriation
was intended to fund the design phase and a portion of the construction phase. The
balance of the construction phase of the improvements is scheduled for funding during
Fiscal Years 2007 and 2008.
A committee of City staff members and contract staff developed a short list of three
qualified civil engineers to prepare the plans, specifications and engineer's estimate for
the SilverRock Resort Phase II Infrastructure Improvements. Each of the three
engineering firms is currently working for the City on other projects or in other
capacities. Each is qualified to provide the needed engineering services. The firms
included Psomas, LAN Engineering, and RBF Consulting. Each of the three firms was
interviewed and evaluated on their qualifications, project understanding and proposed
scope of work. Following the committee's evaluation of the three firms, the
committee unanimously recommends RBF Consulting be awarded a PSA in the amount
of $602,200.00 to prepare the PS&E for the SilverRock Phase II Infrastructure
Improvements.
Pursuant to La Quinta Municipal Code Section 3.32.050.C, the City is permitted to
forgo the formal request for proposal procedures where experience with the proposed
service provider had demonstrated competence and satisfactory performance. Given
the large number of project RBF Consulting has completed for the City in the recent
past, the proposed contract meetings the requirements of 3.32.050.C.
Contingent upon City Council approval of the PSA (Attachment 1) on August 1, 2006,
the following represents the project schedule:
City Council Approves PSA
Project Design
Construction Phase
Accept Improvements
August 1, 2006
August 2006 - October 2007
October 2007 - March 2009
March 2009 - June 2009
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Approve a Professional Services Agreement (PSA), in the amount of $602,200,
with RBF Consulting to Prepare the Plans, Specifications, and Engineer's
Estimate (PS&E) for the SilverRock Resort Phase II Infrastructure Improvements;
or
2. Do not approve a Professional Services Agreement (PSA), in the amount of
$602,200, with RBF Consulting to Prepare the Plans, Specifications, and
Engineer's Estimate (PS&E) for the SilverRock Resort Phase II Infrastructure
Improvements; or
3. Provide staff with alternative direction.
Respectfully submitted,
tk�othy RJJ na n, P.E.
Public Works Director/City Engineer
Approved for submission by:
6
Thomas P. Genovese, Executive Director
Attachments: 1. Professional Services Agreement (PSA)
Attachment 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered
into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and
RBF Consulting ("Consultant"). The parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Consultant shall provide those services related to the SilverRock Resort Phase II Infrastructure
Improvements, as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Consultant warrants that all
services will be performed in a competent, professional and satisfactory manner in accordance
with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of
La Quinta and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses Permits Fees and Assessments. Except as otherwise specified herein,
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a)
it has thoroughly investigated and considered the work to be performed, (b) it has investigated
the site of the work and fully acquainted itself with the conditions there existing, (c) it has
carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by City, Consultant shall immediately inform City of
such fact and shall not proceed except at Consultant's risk until written instructions are
received from the Contract Officer (as defined in Section 4.2 hereof).
1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Consultant, and the
equipment, materials, papers and other components thereof to prevent losses or damages, and
shall be responsible for all such damages, to persons or property, until acceptance of the work
by City, except such losses or damages as may be caused by City's own negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation to
correct any incomplete, inaccurate or defective work at no further cost to City, when such
inaccuracies are due to the negligence of Consultant.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope of
Services when directed to do so by the Contract Officer, provided that Consultant shall not be
required to perform any additional services without compensation. Any addition in
compensation not exceeding five percent (5%) of the Contract Sum may be approved by the
Contract Officer. Any greater increase must be approved by the City Council.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the
event of a conflict between the provisions of the Special Requirements and any other
provisions of this Agreement, the provisions of the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant
shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a
total amount not to exceed Six Hundred Two Thousand Two Hundred Dollars ($602,200.00)
(the "Contract Sum"), except as provided in Section 1.6. The method of compensation set
forth in the Schedule of Compensation may include a lump sum payment upon completio[l,
payment in accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or
such other methods as may be specified in the Schedule of Compensation. Compensation may
include reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to receive payment,
Consultant shall submit to City no later than the tenth (10th) working day of such month, in
the form approved by City's Finance Director, an invoice for services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the services provided, including time
and materials, and (2) specify each staff member who has provided services and the number of
hours assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work performed in
accordance with the terms of this Agreement. City will pay Consultant for all expenses
stated thereon which are approved by City pursuant to this Agreement no later than thirty
(30) days after invoices are received by the City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall
be performed diligently and within the time period established in Exhibit "C" (the "Schedule of
Performance"). Extensions to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer.
3.3 Force Ma"eure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence
of Consultant, including, but not restricted to, acts of God or of the public enemy, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of
any governmental agency other than City, and unusually severe weather, if Consultant shall
within ten (10) days of the commencement of such delay notify the Contract Officer in writing
of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the forced delay when
and if in his or her judgment such delay is justified, and the Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the
services, except as otherwise provided in the Schedule of Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are hereby
designated as being the principals and representatives of Consultant authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Robert Ross, P.E., Vice President
b. Brad Donais, P.E., Project Manager
It is expressly understood that the experience, knowledge, capability, and reputation of
the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder.
The foregoing principals may not be changed by Consultant and no other personnel may
be assigned to perform the service required hereunder without the express written approval of
City.
�- 013
4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E. or such
other person as may be designated by the City Manager of City. It shall be Consultant's
responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the services and Consultant shall refer any decisions which must be made by
City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Consultant, its principals and employees were a substantial
inducement for City to enter into this Agreement. Except as set forth in this Agreement,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of City. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation
of law, without the prior written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform
all services required herein as an independent contractor of City and shall remain at all times as
to City a wholly independent contractor with only such obligations as are consistent with that
role. Consultant shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be performed
hereunder which are reasonably available to Consultant only from or through action by City.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, personal and public liability and property
damage insurance against all claims for injuries against persons or damages to property
resulting from Consultant's acts or omissions rising out of or related to Consultant's
performance under this Agreement. The insurance policy shall contain a severability of interest
clause providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither City nor its insurers shall be required to contribute to any
such loss. A certificate evidencing the foregoing and naming City and its officers and
employees as additional insured shall be delivered to and approved by City prior to
commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the Contract Sum in
accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per accident against all
claims for injuries against persons or damages to property arising out of the use of any
automobile by Consultant, its officers, any person directly or indirectly employed by
Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable,
arising directly or indirectly out of or related to Consultant's performance under this
Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Consultant's performance hereunder and neither City nor its insurers shall be
required to contribute to such loss. A certificate evidencing the foregoing and naming City and
its officers and employees as additional insured shall be delivered to and approved by City prior
to commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's r
Compensation laws. V
Consultant shall procure professional errors and omissions liability insurance in an amount
acceptable to City.
All insurance required by this Section shall be kept in effect during the term of this Agreement
and shall not be cancelable without thirty (30) days written notice to City of proposed
cancellation. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Indemnification. Consultant shall defend, indemnify and hold harmless the City, its
officers, employees, representatives and agents ("Indemnified Parties"), from and against those
actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs
and attorneys' fees, for injury to or death of person(s), for damage to property (including
property owned by City) and for errors and omissions committed by Consultant, its officers,
employees representatives and agents, which arise out of acts or activities of Consultant or
Consultatn's Officers, employees, agents or representatives ("Claims") whether or not such act
or activity is authorized by this Agreement, except to the extent of such loss as may be caused
by City's own negligence or that of its officers or employees. In the event the Indemnified
Parties are made,a party to any action, lawsuit, or other adversarial proceeding in any way
involving such claims, Consultant shall provide a defense to the Indemnified Parties, or at the
City's option, reimburse the Indemnified Parties their costs of defense, including reasonable
attorney's fees, incurred in defense of such Claims. In addition, Consultant shall be obligated
to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties.
5.3 Remedies. In addition to any other remedies City may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or withhold any
payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies
City may have. The above remedies are not the exclusive remedies for Consultant's failure to
maintain or secure appropriate policies or endorsements. Nothing herein contained shall be
construed as limiting in any way the extent to which Consultant may be held responsible for
payments of damages to persons or property resulting from Consultant's or its subcontractors'
performance of work under this Agreement.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer
such reports concerning Consultant's performance of the services required by this Agreement
as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to evaluate
the cost and the performance of such services. Books and records pertaining to costs shall be
kept and prepared in accordance with generally accepted accounting principals. The Contract
Officer shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which are
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement, shall be the property of City and shall be delivered to City upon termination of this
Agreement or upon the earlier request of the Contract Officer, and Consultant shall have"no 015
claim for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership of the documents and materials hereunder. Consultant shall cause
all subcontractors to assign to City any documents or materials prepared by them, and in the
event Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the
specific purpose intended and causes to be made or makes any changes or alterations in said
documents and materials, City hereby releases, discharges, and exonerates Consultant from
liability resulting from said change. The provisions of this clause shall survive the completion
of this Contract and shall thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records, documents
and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer or as required by law. Consultant shall not disclose to any other entity or person any
information regarding the activities of City, except as required by law or as authorized by City.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or
such longer period as may be permitted by the Contract Officer; provided that if the default is
an immediate danger to the health, safety and general welfare, City may take such immediate
action as City deems warranted. Compliance with the provisions of this section shall be a
condition precedent to termination of this Agreement for cause and to any legal action, and
such compliance shall not be a waiver of any party's right to take legal action in the event that
the dispute is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. City may withhold from any monies payable to Consultant
sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably
believes were suffered by City due to the default of Consultant in the performance of the
services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City's consent or approval of any act by Consultant requiring City's consent or approval shall
not be deemed to waive or render unnecessary City's consent to or approval of any
subsequent act of Consultant. Any waiver by either party of any default must be in writing
and shall not be a waiver of any other default concerning the same or any other provision of
this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for
the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for
`- G 1 v
any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any termination
of this Agreement, except as specifically provided in the following Section 7.8 for termination
for cause. City reserves the right to terminate this Agreement at any time, with or without
cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of
termination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation
or such as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination For Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over work and prosecute the same to completion by contract or
otherwise, and Consultant shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold any payments
to Consultant for the purpose of setoff or partial payment of the amounts owed City as
previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of City Officers and Employees. No officer or employee of City shall
be personally liable to Consultant, or any successor in interest, in the event or any default or
breach by City or for any amount which may become due to Consultant or to its successor, or
for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate
in any decision relating to the Agreement which affects his or her personal interest or the
interest of any corporation, partnership or association in which _ she or he is, directly or
indirectly, interested, in violation of any State statute or regulation. Consultant warrants that
it has not paid or given and will not pay or give any third party any money or general
consideration for obtaining this Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin or ancestry in the performance of this
Agreement. Consultant shall take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed,
religion, sex, marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication either
party desires or is required to give the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail to the address set forth below.
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing
if mailed as provided in this section.
617
To City: To Consultant:
CITY OF LA QUINTA RBF Consulting
Attention: Thomas P. Genovese Attention: Robert Ross, P.E.
City Manager Vice President
78-495 Calle Tampico 74130 Country Club Drive, Suite 201
P.O. Box 1504 Palm Desert, CA 92260
La Quinta, California 92247-1504
9.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual consent
of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable
by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement which are hereby declared as severable and shall be interpreted
to carry out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the provisions of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QUINTA a California municipal corporation
Thomas P. Genovese, City Manager
Date:
ATTEST:
Deborah H. Powell, Interim City Clerk
APPROVED AS TO FORM:
M.-Katherine Jenson, City Attorney
CONSULTANT: RBF Consulting
By: { L Jam' I C.�--
Name: Robert Ross, P.E.
Title: Vice President
Date: ? l _x 6 /o 6
LAN Ave 52 Bridge PSA lJ U 1
Exhibit A
Scope of Services
Consultant's scope of work to prepare the project plans, specifications and
engineer's estimate (PS&E) for the SilverRock Resort Phase II Infrastructure
Improvements is attached and made a part of this agreement.
EXHIBIT A
SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT, COORDINATION & QUALITY CONTROL
Project Management
This task includes overall project management, liaison with affected agencies,
meeting leadership, progress monitoring and maintenance of project files.
RBF will perform project administration, coordination, and management for all
phases of the SilverRock Phase II Improvement project. RBF will supervise,
coordinate, monitor and review design for conformance with City standards,
policies and procedures.
Meetings
Progress meetings will be held at monthly intervals or as needed between the City
and RBF. These meetings will be held to review the project status to verify that
the project objectives and milestones are achieved by all parties. RBF will arrange
meetings, provide discussion materials and agendas and develop and distribute
meeting notes. RBF will document all project decisions and distribute
correspondence copies to all PDT members as appropriate. RBF assumes this task
will entail attendance at 18 meetings through the length of the contract.
Schedule
Effective scheduling and cost control are critical activities throughout this Project.
RBF has developed a schedule that accomplishes the objective of completing the
SilverRock Phase II Improvements prior to the scheduled opening of the Boutique
Hotel, with a resultant savings in the total time and project cost.
Project Coordination
A number of agencies, organizations and consultants, as well as the community,
are stakeholders in this project. An important consideration is to ensure that the
key players and stakeholders are well coordinated and kept informed regarding
issues status, resolution and schedule progress. RBF will lead the Project Team's
effort and interface with agencies and other interested parties to facilitate project
support and delivery. This task will also include the coordination necessary to
obtain the CVWD/Bureau of Reclamation permit for the sewer and bridge crossings
as well as the time to prepare the permit applications.
Quality Control
RBF will supervise, coordinate, monitor and review design for conformance with
City of La Quinta and other local agency standards, policies and procedures as
appropriate.
For the purpose of estimating the proposed fee, RBF anticipates 230 hours for this
task.
TASK 2 COORDINATION WITH ON -SITE DEVELOPMENTS
RBF will coordinate the design of the Phase II improvements with the developers
and respective representatives for the boutique hotel, permanent clubhouse, 2nd
golf course, resort hotel, resort retail, to be determined future pads and the City
Planning Department. This task will involve providing information to the other site
developers and professionals, preparation of exhibits, attendance at necessary
meetings and phone coordination. RBF has assumed 200 hours for this task.
C, 91
TASK 3
UTILITY COORDINATION
RBF will review existing utility information available from
the City
and contact
utility owners
to identify major facilities located in the
project
area. This
information
will be shown on the project base maps, and
be used
to determine
significant
impacts to facilities and the cost estimates
resulting
from those
impacts.
Utility Information Requests and Coordination
Utility company information and contacts will be assembled and compiled in a
matrix format. An initial utility information request letter will be mailed and
followed up with a phone call. RBF will request information for existing and
proposed improvements planned by the utility owners in the project area. Dates of
contacts, mailings and document receipts will be logged into the matrix.
Utilities to be notified will include: electrical, gas, telephone, cable, water, and
sewer.
Utility Base Map Preparation
RBF will review record drawings, utility maps and proposed future utility
improvements received from the utility companies and from the City and prepare a
utility base map based upon the information provided on the drawings and maps.
For the purpose of estimating the proposed fee, RBF anticipates 120 hours for this
task.
TASK 4 DESIGN SURVEY
RBF shall obtain survey cross sections at 25 foot stations for existing SilverRock
Way, Jefferson Street, Avenue 52 and Avenue 54 at the proposed connections
with the on -site street improvements within the stated project boundary and as
deemed necessary to complete the Street Improvement Plans. All above ground
structures, utilities and other facilities that may be affected by construction will be
located, including obtaining sewer invert information. In addition, RBF will also
obtain survey data on the top of the All American Canal for use in designing the
bridges and setting the roadway profile for the Local Street parallel to the canal.
RBF is assuming that survey control will need to be established prior to beginning
design survey activities, which is reflected in the proposed fee.
In addition, RBF will obtain survey data throughout the project site, to verify that
the City provided base mapping, benchmark and basis of bearing match control in
the area.
TASK 5 UTILITY POTHOLING
RBF, following the initial notification and coordination with the Utility Companies
within the project area, will determine the locations of utility to be potholed, if any,
on a utility exhibit sheet(s) and submit the sheets to the City for verification and
approval. At this time, RBF has estimated fifteen (15) pothole locations will be
necessary to sufficiently locate underground facilities.
TASK 6 ROADWAY GEOMETRICS
RBF shall prepare a Geometric Layout Plan for the Collector Drive, Avenue 52 Local
Street, Jefferson Street Local Street, Avenue 53 and the deceleration lane along
Jefferson Street. This plan will depict the proposed width, lane configuration, curb
median, and left turn and right turn pockets. As proposed Avenue 53 will have a
R/W to R/W section of 61' (41' curb to curb), Collector Drive will be 74' R/W to
R/W (50' curb to curb with a median), and the two Local Street will be 60' R/W to
R/W (36' curb to curb).
This plan, which will contain both plan and profile information, will be prepared at
a scale of 1 " = 40' and will be reviewed and approved by the City of La Quinta
prior to preparing final improvement plans.
TASK HYDROLOGY STUDY
RBF will provide engineering services for the preparation of hydrology calculations
for the local street hydrology, based on the proposed street improvements. The
hydrology analysis will be limited to the surface water runoff directly tributary to
the street improvements. All hydrology and hydraulics studies will be completed in
conformance with the latest available City, Riverside County Hydrology and
Riverside County Flood Control District Design guidelines, design, drafting, and
policy and procedure manuals. Final hydrology maps for the local study will be
provided indicating subarea boundaries, flow patterns, and design flows.
Hydraulic calculations will be prepared, using the results of the hydrology
calculations, to size catch basins, and prepare street flooded width calculations.
RBF will also investigate the existing catch basin installed along Jefferson Street to
verify that they were installed at the proper locations. This will include review of
the original Jefferson Street improvement plans with the field conditions and
scattered survey shots to verify low points.
TASK 8 STREET IMPROVEMENT PLANS
RBF shall prepare one set of Street Improvement Plans for all of the streets shown
on the TTM 33367 SilverRock Phase II, including Collector Drive, Local Street A
(connecting to Avenue 52), Local Street B (connecting to Jefferson Street) Avenue
53 and the deceleration lane (right turn lane) along Jefferson Street within the
stated projected limits in accordance with the City of La Quinta.
The proposed alignments and grades will conform to the alignment and grade of
the existing graded roadways, unless otherwise directed by the City. It is
anticipated that the set of plans will include one title sheet, one typical section
sheet, one detail sheet, and fifteen plan and profile sheets at a scale of 1 " = 40'.
In addition to the previously listed sheets, the roundabout/traffic circle at the
intersection of Avenue 53 and Collector Drive will require two additional detail
sheets.
RBF will prepare 1 " = 40' scale preliminary design plans in accordance with City
standards and will be submitted to the City for review and approval.
The preliminary design will include existing topographic and planimetric mapping,
approximate right-of-way lines, roadway centerlines, calculated geometric layouts,
typical sections, and a preliminary Title Sheet.
RBF will design roadway geometry including horizontal and vertical geometry for
the on -site street improvements. The designs will include geometric descriptions,
such as centerline bearing and radii; vertical centerline grades and alignment;
approximate limits of cut and fill slopes, and retaining wall locations and heights.
Preliminary right-of-way needs will be determined and plotted on the preliminary
design plans.
RBF will develop typical cross sections to illustrate lanes and shoulders in the lane
configurations and other basic cross sectional data.
uw3
RBF will prepare Title Sheet, Typical Cross Sections, Plan and Profile sheets,
Construction Details, Intersection Details, Grading Plans and Cross -Sections for the
proposed improvements.
Cross section sheets will be prepared for the roadway to be used in the bid process
All plans will be prepared utilizing AutoCAD software.
TASK 9 DRAINAGE PLANS
RBF will provide final engineering services for the preparation of construction plans
for the drainage facilities associated with the project improvements. It is
anticipated that all of the proposed catch basins will utilize dry wells prior to
discharging into the proposed golf course water hazards/lakes. For the purpose of
this proposal, RBF anticipates that each of the roadway segments, Avenue 53,
Collector Drive, Local Street A and Local Street B will each require 2 catch basins
and a drywell, which will be placed on two (2) plan sheets and will be at a scale of
1 " = 40' horizontal and 1 " = 4' vertical.
This task also includes the design of a new catch basin along Jefferson Street, as
determined by Task 7 Hydrology Study.
TASK 10 DESIGN CROSS SECTIONS
RBF shall prepare Design Cross Section Plans at fifty (50) foot stations in
accordance with the City of La Quinta Standards. The cross sections will show
proposed street improvements superimposed with the existing street sections. The
plans will be included with the Street Improvement Plan Set. It is anticipated that
the plans will include twenty (20) sheets and will be at a scale of 1 = 10'
horizontal and 1 " = I' vertical.
TASK 11 SIGNING AND STRIPING PLANS
RBF shall prepare Signing and Striping Plans for all of the above listed on -site
streets as well as for the proposed deceleration lane along Jefferson Street, based
upon the proposed street improvements and in accordance with the City of La
Quinta. The plans will show new, relocated and removed roadside signs and new
and removed pavement delineation lane lines and pavement markings.
It is anticipated that seven plan sheets at a scale of 1 = 40' and one detail sheet
will be required.
TASK 12 TRAFFIC SIGNAL PLAN
RBF shall prepare one Signal Plans for the intersection of Avenue 53 and Jefferson
Street. The traffic signal design will be based on the proposed street improvements
and will be in accordance with the City of La Quinta Standards. Signal interconnect
notes will be shown on the traffic signal plan and it is anticipated that separate
interconnect plans will not be required.
TASK 13 BRIDGE PLANS
13.1 Bridge General Plans
13.1.1 Vehicular Bridge
RBF shall prepare Bridge General Plan for the Vehicular Bridge over the All
American Canal. Consideration will be given to vertical and horizontal clearance to
the concrete canal lining, construction cost, and avoiding impact to canal
operations. RBF will prepare and deliver to the City of La Quinta the proposed
General Plan and written memorandum summarizing the results of the preliminary
bridge design. Upon review and written approval by the City of the recommended,
G?4
bridge improvements, final design of the proposed improvements will begin. The
General Plan will also include one bridge rendering, showing the bridge railing
concept used on the Washington and Jefferson Street bridges. RBF will also
prepare one bridge rendering showing the bridge railing with the bridge.
13.1.2 Pedestrian/Golf Cart Bridges
The golf cart bridges are proposed to be steel truss bridges provided by a pre-
fabricated bridge vendor and placed on bridge abutments designed under this
project. RBF will contact bridge vendors for preliminary design information to
determine a suitable truss type, geometry and depth for the proposed span over
the canal. RBF will prepare Bridge General Plans for the two (2) Pedestrian/Golf
Cart Bridges over the All American Canal that will depict the selected truss
geometry, depth and proposed foundation type. Consideration will be given to
vertical and horizontal clearance to the concrete canal lining, construction cost,
and avoiding impact to canal operations. RBF will prepare and deliver to the City
of La Quinta the proposed General Plans and written memorandum summarizing
the results of the preliminary bridge design. Upon review and written approval by
the City of the recommended bridges, final design of the proposed foundation
improvements and preparation of a bridge truss performance specification will
begin.
13.1.3 Preliminary Construction Cost Estimate
Prepare a preliminary estimate of construction quantities and costs based upon the
approved bridge General Plans utilizing RBF's cost data from recent similar
projects, vendor provided in -place truss costs, and data from the current edition of
Caltrans Contract Cost Data book. Any updates to the construction cost estimate
will be provided with each plan check submittal.
13.2 Geotechnical Investigation and EMI Report
13.2.1 Geotechnical Field Exploration
EMI will perform a geotechnical field investigation consisting of two (2) exploratory
borings for each bridge. The borings are performed for the purpose of logging
subsurface conditions and collecting soil samples. A boring will be drilled near each
proposed abutment area to a maximum depth of 50 feet below existing grade or
refusal, whichever occurs first. Subsurface soils and conditions will be logged and
samples of soils will be collected for laboratory testing. Generally, a split -spoon
sampler will be used at depth intervals of 5 feet, alternating between a California
Drive sampler and a Standard Penetration Test (SPT) sampler, to collect relatively
undisturbed ring samples and small disturbed samples. The soil cuttings from the
boreholes will be mixed with cement and used to backfill the boreholes. AC cold -
patch or quick -set concrete will be used to replace asphalt or concrete pavement
removed at boring locations.
13.2.2 Laboratory Soil Testing
The field boring logs will be reviewed to select representative soil samples for
laboratory testing. Various laboratory tests will be performed on subsurface soil
samples to determine or derive their physical and engineering characteristics.
Anticipated tests include in -place moisture and density, grain size distribution,
direct shear and soil corrosivity tests. Other tests may be necessary based on the
soil types encountered in the borings. Laboratory tests will be conducted in general
accordance with American Society of Testing and Materials (ASTM) standards or
California Test Methods.
13.2.3 Geotechnical Analyses
;�.Gw
Results obtained from the field investigation and laboratory testing will be used to
establish idealized soil profiles and soil strength parameters used for analyses and
design. The following analyses will be performed for the project:
Determine peak bedrock acceleration and liquefaction potential.
Foundation analysis including axial and lateral capacity.
EMI will provide general earthwork recommendations for the bridge foundation
construction including depth of remedial removals (if necessary) based on data
from field investigation and laboratory tests. Results of soil corrosivity tests will be
presented in the report.
13.2.4 Report Preparation
EMI will prepare one draft geotechnical report for all 3 bridges. This report will
present results of the field investigation and laboratory soil testing, results of the
geotechnical analyses, and recommendations for the proposed bridge foundations.
Logs of the exploratory borings will be presented on 1 12x 172 Log -of -Test -Boring
(LOTB) sheets. Five copies of the draft report will be submitted to RBF for
distribution and review. EMI will respond to review comments; the review
comments and EMI responses will be incorporated into a Final geotechnical report
and five copies of the report will be submitted to RBF for distribution.
13.3 Final Bridge Design / Plans
13.3.1 Vehicular Bridge
Upon review and written approval by the City of the recommended bridge
improvements, final design of the Vehicular Bridge will begin. All plans,
specifications and design calculations will conform to Caltrans' requirements and
will be made available to the City for review and comments at stages specified in
the milestone schedule and upon request.
The latest edition of the following publications will be used as design criteria:
■ Caltrans Bridge Design Specifications, and
■ Caltrans Seismic Design Criteria.
Structure Plans will be prepared in accordance with the latest editions of the
following Caltrans manuals:
■ Bridge Design Details Manual,
■ Bridge Design Aids Manual, and
■ Bridge Memos to Designers.
A complete structural analysis will be performed. The bridge design will utilize in-
house structural analysis and design software. A complete seismic analysis will be
performed. The bridge plans will be prepared to Caltrans standards and format.
The bridge design and plans will be independently checked by a licensed engineer
not involved in the initial design effort.
13.3.2 Pedestrian/Golf Cart Bridges
Upon review and written approval by the City of the recommended bridge
improvements, final design of the two (2) Pedestrian/Golf Cart Bridges will begin.
RBF will coordinate with several pre -fabricated bridge suppliers to obtain bridge
truss loads for dead, live and seismic conditions to be used in design of the bridge
abutments. RBF will provide design calculations for the abutments and their
foundations to support a prefabricated steel truss superstructure. All plans,
specifications and design calculations will conform to Caltrans' requirements and
will be made available to the City for review and comments at stages specified in
the milestone schedule and upon request.
The latest edition of the following publications will be used as design criteria:
■ Caltrans Bridge Design Specifications, and
■ Caltrans Seismic Design Criteria.
Structure Plans will be prepared in accordance with the latest editions of the
following Caltrans manuals:
■ Bridge Design Details Manual,
■ Bridge Design Aids Manual, and
■ Bridge Memos to Designers.
The bridge abutment and foundation design will utilize in-house structural analysis
and design software. A complete seismic analysis will be performed for the design
of the bridge abutments and their foundations. The bridge abutment and
foundation plans will be prepared to Caltrans standards and format. A licensed
engineer not involved in the initial design effort will independently check the bridge
design and plans.
During construction a pre-facbricated bridge vendor provided by the contractor will
design the truss superstructure for the Pedestrian/Golf Cart bridges based upon the
information provided in the project plans and specifications. Signed and sealed
plans will be provided by the construction contractor for review and approval by
the City through the shop drawing review process during construction.
13.4 Quantities and Construction Cost Estimate
RBF will prepare quantity calculations for the bridge bid items and an estimate of
probable construction cost in accordance with City requirements utilizing the
current edition of Caltrans Contract Cost Data book and RBF's local project bid
summaries database.
13.5 Special Provisions
RBF will prepare construction specifications, which will be added to the overall bid
document for the project. Technical specifications for construction of each item of
work in the Project shall be prepared. The special provisions for the bridge will be
based upon the May, 2006 editions Caltrans Standard Specifications and Standard
Plans. The bridge special provisions will include performance and design criteria
for the contractor designed steel truss superstructure. Where applicable, the latest
edition of the Standard Specifications for Public Works Construction ("Greenbook")
and City of La Quinta Standard Drawings will be utilized and referenced in the
construction documents.
TASK 14 WATER IMPROVEMENT PLANS
RBF shall prepare a water improvement plan in accordance with the requirements
of the Coachella Valley Water District for Collector Drive, and Avenue 53. It is
anticipated that a water main will not be required within the Local Streets A or B.
The improvements will be designed in plan and profile at a scale of 1 "=40' and
will be submitted for approval. It is anticipated that the plan set will include the
design of approximately, 7500 lineal feet of water and will consist of one Title
G 2 7
sheet and ten plan and profile sheets. RBF assumes that the water model prepared
under the Phase I improvements covered the entire site.
TASK 15 SEWER IMPROVEMENT PLAN
RBF shall prepare a sewer improvement plan in accordance with the requirements
of the Coachella Valley Water District for Collector Drive, and Avenue 53. In
addition to the sewer located in the previously mentioned streets, a 27" sewer line
is proposed from the existing pump station located adjacent to Avenue 52 to the
intersection of Collector Drive and Local Street B. It is anticipated that a sewer
main will not be required within the Local Streets A or B. The improvements will
be designed in plan and profile at a scale of 1 "= 40' and will be submitted for
approval. It is anticipated that the plan set will include design of approximately
6,600 lineal feet of sewer and will consist of one Title sheet and twelve plan and
profile sheets.
TASK 16 IRRIGATION LATERAL RELOCATION PLAN
RBF shall prepare an irrigation lateral relocation plan in accordance with the
requirements of the Coachella Valley Water. District. This relocation will include the
abandonment of an existing 54" RCP irrigation line and the placement of a new
30" PVC pipe irrigation line between the All American Canal and Avenue 52. The
improvements will be designed in plan and profile at a scale of 1 "=40' and will be
submitted to CVWD for approval. It is anticipated that the plan set will include
design of approximately 2,300 lineal feet of sewer and will consist of one Title
sheet and three plan and profile sheets. Additionally, RBF will prepare two legal
descriptions and associated exhibits for the relocation of the irrigation lateral.
TASK 17 DRY UTILITY IMPROVEMENT PLAN
RBF shall coordinate with the utility companies on the utility company's
preparation of the dry utility improvement plans. RBF will take the information
provided by the utility company's and place it in CAD to display on a Joint Utility
Trench Plan. These plans will consist of showing the number and location of the
proposed conduit as required by Imperial Irrigation District, Time Warner Cable and
Verizon. In addition, RBF will coordinate with the Gas Company for the location of
the proposed gas lines. It is anticipated that the plan set will include eight plan
sheets showing the locations of the proposed joint utility trench, street crossings,
other underground facilities and typical sections within the Phase II design area.
TASK 18 COST ESTIMATES
RBF shall prepare a Preliminary Cost Estimate based upon the approved Roadway
Geometric plan. RBF shall present the Preliminary Estimate to the City for use in
preparation of project budgets.
RBF shall also prepare a Final Quantity and Cost Estimate base upon the final
approved Street Improvement Package.
TASK 19 SPECIFICATIONS AND BID DOCUMENTS
RBF shall prepare construction specifications, using the City "boilerplate" for the
contract documents and general provisions. Technical specifications shall be
prepared for construction of each item of work in the Project. It is anticipated that
all of the above mentioned plans, street, sewer, water, bridge and irrigation
relocation, will be bid under one construction bid document.
TASK 20 CONSTRUCTION ASSISTANCE
RBF will assist with the following activities for the bidding and construction of the q
Phase 11 SilverRock Improvements. U
20.1 Assistance During Bidding Process
The RBF team will assist the City with any technical questions regarding
interpretation of construction plans that may arise during contract bidding and
advertising phase of the project. RBF will plan on attending the pre -construction
meeting to clarify questions by prospective bidders. RBF assumes 32 hours for
this task.
20.2 Construction RFI's and Submittal Reviews
During the construction phase, RBF will review and provide comments on shop
drawing submittals and request for information (RFI). In addition, will attend the
regular construction meetings to answer any design related questions, as well as
provide the City assistance on revisions to the approved construction plans. RBF
assumes 80 hours for this task.
20.3 Prepare Record Drawings
The RBF team will utilize the contractor's and City inspector's redline "As -Built"
plans upon project completion to prepare the Record Drawings (Mylar) for the City.
Upon completion, RBF will provide the Record Drawings package to the City which
will complete all phases of this project. RBF assumes 40 hours for this task.
ASSUMPTIONS AND EXCLUSIONS
The following assumptions and exclusions apply to this Scope of Services. Work
relating to the excluded items is specifically excluded from this scope of services
and, if required, will be undertaken for an additional fee.
Overall project
■ City will provide bid advertisement and administration of the bidding
process.
■ Construction Administration/Management services will be performed by the
City.
■ City will provide Traffic Index numbers for pavement design.
■ Street Lighting Plans are not included in the scope of work.
■ Utility facility design is not included in the scope of work, only coordination
with each utility company involved in the joint utility trench.
Sewer and Water Mains
■ The backbone sewer and water main will only be designed to the entrance
of the hotel and commercial sites. The civil site designers will be responsible
for the alignments and connections to each specific building that is proposed
for each site.
■ The water model prepared for the Phase I improvements will be used for the
approval of the Phase II water plans.
Bridge
■ The two (2) Pedestrian/Golf Cart bridges are assumed to be identical
structures. It is intended that a pre-facbricated bridge vendor provided by
the contractor will design the truss superstructure for the Pedestrian/Golf
Cart bridges based upon the information provided in the project plans and
specifications. Signed and sealed plans will be provided by the construction
contractor for review and approval by the City through the shop drawing
review process during construction. �� {�
■ Design of the steel truss superstructures by RBF for the two (2)
Pedestrian/Golf Cart bridges is excluded.
■ Bid documents for the Pedestrian/Golf Cart bridges will define the truss type,
geometry and appearance. Design Criteria to be used by the supplier will be
provided in a performance specification included in the project special
provisions.
■ The Vehicular and Pedestrian/Golf Cart bridges exclude the design and
detailing of any approach retaining walls that are independent of the bridge
abutments.
■ The bridge railing concept prepared and utilized on the Washington Street
bridge north of the Old Town area as well as the bridge on Jefferson Street
over the Whitewater Channel will be utilized on the proposed roadway bridge
for this project. If the City would like to explore additional aesthetic railing
options, that can be done as an additional task.
Geotechnical
■ No restriction on day and time of field investigation.
■ No investigation of hazardous materials. If hazardous materials are
encountered during the field exploration, EMI will immediately terminate
work and notify the City.
■ No review by the California Department of Transportation.
■ EMI will obtain encroachment permit from the City of La Quinta and CVWD
(if needed). Cost does not include permit fees.
■ Encroachment permits for access onto private properties and any other
permits necessary to accomplish the geotechnical field investigation are not
included.
OPTIONAL SERVICES AND CONDITIONS
Work relating to the following items is specifically excluded from this Scope of
Services and, if required, will be undertaken for an additional fee:
➢ Construction Surveying and Staking
➢ Construction Administration, Management and Inspection
➢ Landscape Plans
➢ Street Geotechnical Investigation
➢ Street Light Plans
➢ Signal Timing and Coordination Plans
➢ NPDES permitting
➢ Underground Utility Planning/Utility Relocation Plans
➢ Storm Water Pollution Prevention Plan
➢ Temporary Construction Easements
➢ Any other task not specifically included in the scope
➢ Water model for CVWD
➢ Asphalt surfacing of the multi use trails
➢ Construction staging plans for Jefferson, Avenue 52 and Avenue 54
0o
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixe
Schedule of Compensation at
conformance with Section 2.2
under this contract shall not
Dollars ($602,200.00) except
the Agreement. The contract
d Fee" basis in accordance with the Consultant's
tached herewith for the work tasks performed in
of the Agreement. Total compensation for all work
exceed Six Hundred Two Thousand Two Hundred
as specified in Section 1.6 - Additional Services of
sum includes:
Project Design Budget: $587,200.00
Reimbursable Budget: S 15,000.00
Total Contract Amount: $602,200.00
RBF Consulting is pleased to submit the following Cost Proposal to provide consultant design services for the
SilverRock Resort Phase II Improvements for the City of La Quinta.
TASK
DESCRIPTION
FEE
1
Project Management, Coordination & Quality Control
$
32,200
2
Coordination with On -site Developers
$
28,000
3
Utility Coordination
$
13,400
4
Design Survey
$
9,900
5
Utility Potholing
$
15,000
6
Roadway Geometrics
$
8,400
7
Hydrology Study
$
7,000
8
Street Improvement Plans
$
70,000
9
Drainage Plans
$
9,000
10
Design Cross Sections
$
27,000
11
Signing and Striping Plans
$
22,400
12
Traffic Signal Plans
$
7,000
13
Bridge Plans
13.1 Bridge General Plans
$
25,500
13.2 Geotechnical Investigation and Report
$
40,100
13.3 Final Bridge Design/Plans
$
89,500
13.4 Bridge Quantities and Construction Estimate
$
12,600
13.5 Special Provisions
$
9,500
14
Water Improvement Plans
$
40,500
15
Sewer Improvement Plans
$
45,000
16
Irrigation Lateral Relocation Plan
$
18,000
17
Dry Utility Plans
$
20,000
18
Cost Estimate
$
9,200
19
Specifications and Bid Document
$
8,400
20
Construction Assistance
20.1 Assistance During Bidding
$
4,200
20.2 Construction RFI's and Submital Reviews
$
10,400
20.3 Prepare Record Drawings
$
5,000
Project Total
$ 587,200
Estimated Reimbursable Budget
$15,000
Exhibit C
Schedule of Performance
Consultant's Project Schedule is attached and made a part of this agreement.
Consultant shall complete the services presented within the scope of work
contained within Exhibit "A" in accordance with the attached project schedule.
�/ 3-3
9
Exhibit D
Special Requirements
None.
035
COUNCIL/RDA MEETING DATE: August 1, 2006
AGENDA CATEGORY:
ITEM TITLE: Approval of a Request by Building BUSINESS SESSION:
Horizons to Enter Into an Affordable Housing
Agreement for the 12th Year Funding By and Between CONSENT CALENDAR:
the La Quinta Redevelopment Agency and Building STUDY SESSION:
Horizons
PUBLIC HEARING:
RECOMMENDATION:
Approve an Affordable Housing Agreement (Attachment 1) with Building Horizons for
12th year funding, approve the appropriation of $125,000 from Redevelopment Project
Area No.1 Low and Moderate -Income Housing Fund (245-0000-290-00-00) to fund
requested building costs, and authorize the Executive Director to sign the necessary
documents to execute the Agreement.
FISCAL IMPLICATIONS:
The program, as outlined in the Agreement, will require an expenditure of up to
$125,000. The Agreement, however, provides that the Agency be repaid $45,000 at
the close of escrow when the single-family dwelling is sold. The remaining $80,000
will be made available in the form of a Second Trust Deed for the home buyer.
Currently, $250,000 has been budgeted for the Building Horizons program. The
request for $80,000 is an increase in the loan amount of $5,000 to ensure the house
is affordable due to increased construction costs
BACKGROUND AND OVERVIEW:
In 1994, the Agency entered into a Disposition and Development Agreement (DDA)
with Building Horizons to facilitate the construction and sale of two single-family
homes to low or moderate -income households. Subsequent to this DDA, each year,
the Agency has entered into an Affordable Housing Agreement (with the exception of
one year) to provide assistance with the program. To date, 22 homes have been built
and sold to low or moderate -income households.
The proposed current year Agreement provides that the Agency would fund a
$125,000 loan to Building Horizons. They will use these funds to purchase one lot in
the Cove, and fund a portion of the design and construction costs related to building
one single-family home. La Quinta High School students participate in the design,
construction and sale of these units as part of the school's curriculum. The home will
then be sold to a moderate -income household. Their letter of request is attached
(Attachment 2).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve an Affordable Housing Agreement with Building Horizons for the 12'h
year funding, the appropriation of $125,000 from Redevelopment Project Area
No.1 Low and Moderate -Income Housing Fund (245-0000-290-00-00) to fund
requested building costs, and authorize the Executive Director to sign the
necessary documents to execute the Agreement; or
2. Do not approve an Affordable Housing Agreement with Building Horizons for the
12"' year funding, do not appropriate $125,000 from Redevelopment Project
Area No.1 Low- and Moderate -Income Housing Fund (245-0000-290-00-00) to
fund requested building costs, and do not authorize the Executive Director to
sign the necessary documents to execute the Agreement; or
3. Provide staff with alternative direction.
Respectfully submitted,
Douglas R. E s
Community Development Director
Approved for submission by:
^ �I
Thomas P. Genovese, Executive Director
Attachment: 1 . Summary Report
2. Building Horizons letter of request
C. J
ATTACHMENT 1
SUMMARY REPORT
FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT
BETWEEN THE
LA QUINTA REDEVELOPMENT AGENCY
AND
DEIDRE MOORE
August 1, 2006
INTRODUCTION
This document is the Summary Report ("Report") for the proposed Sale Agreement
("Agreement") between the La Quinta Redevelopment Agency ("Agency") and
Deidre Moore ("Buyers"). The purpose of Agreement is to facilitate the sale by the
Agency of a single-family dwelling to the Buyers.
This Report has been prepared pursuant to Section 33433 of the California Health
and Safety Code ("California Community Redevelopment Law") and presents the
following:
• A summary of the proposed transaction.
• The cost of the sale to the Agency.
• The estimated value of the interest to be conveyed, determined at the highest
and best uses permitted by the Agency's Redevelopment Plan.
• The estimated value to be conveyed, determined by the use and with the
conditions, covenants, and development costs required by the Agreement.
• An explanation of why the sale, pursuant to the Agreement, will assist in the
elimination of blight.
SUBJECT PROPERTY
The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-760
Avenida Vallejo within La Quinta Redevelopment Project Area No. 1 ("Property").
The Agency acquired the Property in 1995 to preserve single-family homes that
were affordable to very -low income Section 8 households. These homes have been
rented to said households since 1995. The Buyers are the current tenants of this
home who expressed interest in purchasing it and subsequently qualified for a first
trust deed loan. The Agency then elected to enter into the Agreement to facilitate
this sale.
THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT
The Agreement will accommodate the sale of the Property to the Buyers, who will
continue to occupy the dwelling. The sales price of $165,000, which represents
the fair market value, will be funded through a combination of the Buyers' down
payment of $6,400, a first trust deed mortgage of $62,600, and the Agency's
equity that will be converted into a silent second trust deed loan of $96,000. This
second trust deed loan will include covenants to insure that the Property will remain
affordable to very low income -households for 45 years.
History of Property
This Property is part of the Agency Rental Property Purchase Program. In May
1998, the Agency offered these properties first to the existing tenants for purchase
and secondly to other qualified very low income households. The Buyers are the
current tenants, who expressed an interest in purchasing the unit, and were
recently approved by Total Financial Group for a mortgage up to the amount of
$62,600. The Buyers qualify as a very low income household.
The Cost of the Sale to the Agenc
To date the Agency has invested $127,750 in the Property through a combination
of the initial purchase cost ($86,500) and expenses related to rehabilitating the
dwelling ($41,250). Per the Agreement the Agency will sell the Property for
$165,000; of this amount the Agency will receive $69,000 in sale proceeds and
retain a silent second trust deed of $96,000 in order to insure that the annual costs
are affordable to very low income households.
Estimated Value of the Interest to be Conveyed, Determined at the Highest and
Best Uses Permitted by the Agency's Redevelopment Plan
The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that
the Property shall be used for low -density residential development. Current
residential property sales for like dwellings in the Cove market area indicate values
of $310,000 to $325,000 for three bedroom, two bath single family dwellings in
good condition.
Estimated Value of the Interest to be Conveyed, Determined at the Use With the
Conditions, Covenants, and Development Costs Required by the Agreement
The Agreement provides that the Property will be sold for $165,000. This value
was selected in order to facilitate the sale at a cost affordable to a very low income
household.
rnn
U J J
PAReports - CC\2006\8-1-06\Building Horizons\Summary Report.doc
Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist_
in the Elimination of Blight
The Agreement does not eliminate blight in that it does not facilitate a transaction
that remedies blight. Instead the Agreement expands that Agency's affordable
housing efforts and increases the community's supply of affordable housing. Prior
to the sale, the Agency substantially rehabilitated the Property extending the
Property's economic life while improving its appearance. Thus, the transaction will
insure the continued affordability of a substantially rehabilitated single-family
dwelling to a very low income household.
P:\Reports - CC\2006\8-1-06\Building Horizons\Summary Report.doc
U �., tJ s
ATTACHMENT 2
BOYS r1i GMLS CLUB
of Coachella Valley
MISSION STATEMENT
"To create and expand career development,
job training and unemployment opportratities for youth and
the unemployed in the Eastern Riverside County. "
BUILDING HORIZONS
BOARD OF DIRECTORS
l
July 24, 2006
OFFICERS
Paul Klein, President
Doug Evans
8
Brent Spates, Vice President
Director of Community Development
Michael D. Harris, Jr., Treasurer
Lucia Moran, Secretary
City La COf Quinta
P.O. Box 1504
BOARD OF DIRECTORS
La Quinta, CA 92253
Dave Fisher, President
First Bank
Re: Building Horizons 2006-07 La Quinta Program
John Foster, President
West Coast Turf
Dear Mr. Evans;
Michael D. Hams, Jr.
Financial Advisor
Merrill Lynch
1 am writing request approval from the City of La Quinta Redevelopment
ng �1 1?P Y Quinta P
Agency for your support of the Building Horizons program for the academic
Jett Hays, Executive Director
DACE -Rancho Housing Alliance
year 2005-06.
Marc Attorney �
We are requesting the Redevelopment Agency allocate a total of $125,000 in
the form of an interest free loan to Building Horizons to fund the 2006-07
Paul Klein, o
ks
KDI Stoneworkq
program. At closing of escrow, Building Horizons will repay the $125,000 to
the agency. Of that $125,000 we request that $80,000 be made available to
Matt List President
Desert Cornerstone Insurance
the qualified uaemoderate-income buyer in the form of a silent second. The
q Y
Service, Inc.
selling price of the home will be $250,000.
Lucia Moran, Vice President
Mark Moran & Associates
Building Horizons is pleased with the partnership we have with the City of La
Robert C. Perryman
Quinta Redevelopment Agency and the opportunity to construct additional
President Desert Division
affordable homes for families while providing a duality educational program
Ashbrook Communities
for our students.
Jan Ryan
are and counselor
Desert Sands Unified School
Desert
l have attached some recent articles on the Building Horizons Pro
g igram,
District Please feel free to phone me at 340-4748 if you have any questions.
Brent Spates, General Manager
Spates Fabricators Sales, Inc.
Diane Williams, President
Desert Commercial Constriction
Corporation
Todd Berg
Executive Director
Since
Todd
Execs
42-600 Cook St. 0120 Palm Desert, CA 82211 + Ph: 7WUO-4748 ♦ Fax: 7W_340-6388
bu ildinahorizoagQbgg=, ore
ce4tivl 4 qtP Qu&*-4
COUNCIL/RDA MEETING DATE: August 1, 2006
ITEM TITLE: Consideration of Contract Award for
SilverRock On -Site and Off -Site Native Area and
Perimeter Landscape Enhancements, Project No. 2002-
07 0 and Approve Appropriations from the Economic
Development Reserves
RECOMMENDATION:
AGENDA CATEGORY: B9
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the award of contract to Sierra Landscape Company in the amount of
$902,689 for SilverRock On -Site and Off -Site Native Area and Perimeter Landscape
Enhancements Project No. 2002-07 0 and appropriate $1,178,295 of funds from
RDA 1 reserves.
FISCAL IMPLICATIONS:
It is recommended that funding for this project would be appropriated from available
RDA 1 reserves that had been designated for economic development purposes.
The following is the anticipated project budget:
Construction
$902,689
Design
$4,800
105 Inspection
$90,269
5% Administration
$45,134
15% Contingency
$135,403
Total Anticipated Cost
$1,178,295
BACKGROUND AND OVERVIEW:
On June 20, 2006, the Agency approved moving forward with native area
enhancements at SilverRock Resort. In order to achieve potential cost savings, the
staff combined golf course (on -site) and perimeter (off -site) native area enhancement
work. The project scope included: a) the addition of plant material and the
corresponding irrigation system adjustments; b) the addition of decomposed granite (or
"DG") and cobble (off -site areas only).
C4'
On July 27, 2006 two sealed bids were received. One of the bids received was
determined to be non -responsive. Sierra Landscape Company was the only responsive
bid in the amount of $ 902,689. Therefore, staff recommends award of this contract
to Sierra Landscape Company.
FINDINGS AND ALTERNATIVES:
Alternatives available to the Agency include:
1. Award a construction contract to Sierra Landscape Company in the amount of
$902,689 for the SilverRock Resort On -Site and Off -Site Native Area and
Perimeter Landscape Enhancement Project No. 2002-07 0 and appropriate
$1,178,295 of funds from RDA 1 reserves; or
2. Do not award a construction contract to Sierra Landscape Company in the
amount of $902,689 for the SilverRock Resort On -Site and Off -Site Native Area
and Perimeter Landscape Enhancement Project No. 2002-07 0 and do not
appropriate $1,178,295 of funds from RDA 1 reserves, reject all bids and
authorize the City Clerk to re -advertise the project; or
3. Provide staff with alternative direction.
Respectfully submitted,
mothy . J nas , P.E.
Public W s Dir ctor/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
.. G44
o� u
4
tC
OF
COUNCIL/RDA MEETING DATE: August 1, 2006
ITEM TITLE: A Joint Public Hearing Between the City
Council and Redevelopment Agency to Approve an
Agreement to Sell Real Property Located at 53-760
Avenida Vallejo By and Between the La Quinta
Redevelopment Agency and Deidre Moore
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the sale of 53-760 Avenida Vallejo to maintain an affordable housing unit in
Project Area No. 1 for a purchase price of $165,000 and authorize the Executive
Director to execute the necessary documents to complete the property sale.
FISCAL IMPLICATIONS:
The Agreement would result in the Agency receiving approximately $68,000 from sale
proceeds. The Agency would also provide a $96,000 silent second trust deed loan to
insure the dwelling is affordable to a very low-income household for 45 years.
BACKGROUND AND OVERVIEW:
In August, 1995, the Agency acquired 50 single-family homes located in the Cove to
secure these units from bankruptcy proceedings filed by the then owner, Coachella
Valley Land. Prior to the bankruptcy, the Agency invested $1 .0 million to maintain
the dwellings as very low-income rental units. Since then, the Agency has
substantially rehabilitated these dwellings to correct deficiencies and improve their
appearance. These costs have been funded from rental income. In February 1998,
the Agency directed staff to sell two (2) units per year first to qualified tenants, and
secondly, to other eligible very low-income households. The proposed sale is the 22nd
unit to be sold; 12 of these units were sold to existing tenants and ten to non -tenant
households.
The proposed purchaser is an existing tenant who expressed an interest in purchasing
the property, took the required actions to qualify for a first trust deed loan, and
qualifies in the very low-income category.
The sales transaction would be structured as other Agency affordable housing
projects, wherein the existing Agency -funded silent second trust deed would cover the
difference between the market sales price and an affordable first trust deed mortgage.
If this sale is approved, the unit will be sold for the market value of $165,000, with
the buyer funding a down payment of $6,400 and a private lender originating a
$62,600 first trust deed mortgage (the maximum loan the homebuyer can obtain).
The Agency would convert $96,000 of its equity in the property into a silent second
trust deed loan (Attachment 1).
This unit has been substantially rehabilitated and therefore, can be counted toward the
Agency's inclusionary housing requirement.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve an agreement to sell real property located at 53-760 Avenida Vallejo to
Deidre Moore for a purchase price of $165,000 and authorize the Executive
Director to execute the necessary documents to complete the property sale; or
2. Do not approve an Agreement to sell real property located at 53-760 Avenida
Vallejo to Deidre Moore for a purchase price of $165,000; or
3. Provide staff with alternative direction.
Respectfully submitted,
Douglas R. vans
Community Development Director
Approved for submission by:
rZ
Thomas P. Genovese, Executive Director
Attachment: 1. Summary Report 6,106
Attachment 1
SUMMARY REPORT
FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT
BETWEEN THE
LA QUINTA REDEVELOPMENT AGENCY
AND
DEIDRE MOORE
August 1, 2006
INTRODUCTION
This document is the Summary Report ("Report") for the proposed Sale Agreement
("Agreement") between the La Quinta Redevelopment Agency ("Agency") and
Deidre Moore ("Buyers"). The purpose of Agreement is to facilitate the sale by the
Agency of a single-family dwelling to the Buyers.
This Report has been prepared pursuant to Section 33433 of the California Health
and Safety Code ("California Community Redevelopment Law") and presents the
following:
• A summary of the proposed transaction.
• The cost of the sale to the Agency.
• The estimated value of the interest to be conveyed, determined at the highest
and best uses permitted by the Agency's Redevelopment Plan.
• The estimated value to be conveyed, determined by the use and with the
conditions, covenants, and development costs required by the Agreement.
• An explanation of why the sale, pursuant to the Agreement, will assist in the
elimination of blight.
SUBJECT PROPERTY
The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-760
Avenida Vallejo within La Quinta Redevelopment Project Area No. 1 ("Property").
The Agency acquired the Property in 1995 to preserve single-family homes that
were affordable to very -low income Section 8 households. These homes have been
rented to said households since 1995. The Buyers are the current tenants of this
home who expressed interest in purchasing it and subsequently qualified for a first
trust deed loan. The Agency then elected to enter into the Agreement to facilitate
this sale.
G 4 7
THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT
The Agreement will accommodate the sale of the Property to the Buyers, who will
continue to occupy the dwelling. The sales price of $165,000, which represents
the fair market value, will be funded through a combination of the Buyers' down
payment of $6,400, a first trust deed mortgage of $62,600, and the Agency's
equity that will be converted into a silent second trust deed loan of $96,000. This
second trust deed loan will include covenants to insure that the Property will remain
affordable to very low income -households for 45 years.
History of Property
This Property is part of the Agency Rental Property Purchase Program. In May
1998, the Agency offered these properties first to the existing tenants for purchase
and secondly to other qualified very low income households. The Buyers are the
current tenants, who expressed an interest in purchasing the unit, and were
recently approved by Total Financial Group for a mortgage up to the amount of
$62,600. The Buyers qualify as a very low income household.
The Cost of the Sale to the Agenc
To date the Agency has invested $127,750 in the Property through a combination
of the initial purchase cost ($86,500) and expenses related to rehabilitating the
dwelling ($41,250). Per the Agreement the Agency will sell the Property for
$165,000; of this amount the Agency will receive $69,000 in sale proceeds and
retain a silent second trust deed of $96,000 in order to insure that the annual costs
are affordable to very low income households.
Estimated Value of the Interest to be Conveyed, Determined at the Highest and
Best Uses Permitted by the Agency's Redevelopment Plan
The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that
the Property shall be used for low -density residential development. Current
residential property sales for like dwellings in the Cove market area indicate values
of $310,000 to $325,000 for three bedroom, two bath single family dwellings in
good condition.
Estimated Value of the Interest to be Conveyed, Determined at the Use With the
Conditions, Covenants, and Development Costs Required by the Agreement
The Agreement provides that the Property will be sold for $165,000. This value
was selected in order to facilitate the sale at a cost affordable to a very low income
household.
P:\Reports - CC\2006\8-1-06\RDA House sale\Sum Rpt 53-760 Ave Vallejo.doc
Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist_
in the Elimination of Blight
The Agreement does not eliminate blight in that it does not facilitate a transaction
that remedies blight. Instead the Agreement expands that Agency's affordable
housing efforts and increases the community's supply of affordable housing. Prior
to the sale, the Agency substantially rehabilitated the Property extending the
Property's economic life while improving its appearance. Thus, the transaction will
insure the continued affordability of a substantially rehabilitated single-family
dwelling to a very low income household.
P:\Reports - CC\2006\8-1-06\RDA House sale\Sum Rpt 53-760 Ave Vallejo.doc
G
OF
COUNCIL/RDA MEETING DATE: August 1, 2006
ITEMTITLE: Continued Joint Public Hearing Between the
City Council and Redevelopment Agency to Consider an
Affordable Housing Agreement Between the
Redevelopment Agency and Southern California Housing
Development Corporation (SCHDC) to Convey Certain
Property Located at 78-990 Miles Avenue and SCHDC's
Subsequent Ownership and Operation of an Affordable
Rental Housing Development Consisting of 80 Dwelling
Units Restricted for Rental to and Occupancy by Very
Low -Income Family Households at a Rent Affordable to
Such Households
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: O�
Adopt a Resolution of the Redevelopment Agency approving the Affordable Housing
Agreement by and between the La Quinta Redevelopment Agency and the Southern
California Housing Development Corporation and authorize the Executive Director to
execute the necessary documents.
FISCAL IMPLICATIONS:
The Agency will receive $13,994,301 from SCHDC for the purchase of the completed
Vista Dunes Courtyard Homes development. These funds will offset Agency expenses
as depicted in the following:
• Property Acquisition
$ 2,571,803
• Relocation
4,079,460
• Demolition
400,000
• Construction (includes contract services)
24,661,696
• Total Expenses (before transfer)
31,712,959
• Acquistion/ Transfer
988,728
• Total Expense (after transfer)
32,701687
• Less Purchase Price
13,994,301
• Net Agency Expense
18,707,386
�J0
Per the Agreement, SCHDC will pay the Agency $13,994,301 yielding a net Agency
expense of $18,707,386. It is important to mention two additional sources of funds
that will help in reducing the Agency's net expense. The first is an $1 1,745,571 RDA
Loan (55 year @ 3%) that SCHDC will payback with a sharing of residual receipts. An
analysis of long term projected cash flows indicates that there is a potential to receive
$3,000,000 in payments prior to the 55 year maturity date. The second are solar
energy credits of potentially $800,000 available through the local electric and gas
utility providers. This would further reduce the net Agency expense from
$18,707,386 to $14,907,386.
BACKGROUND AND OVERVIEW:
The La Quinta Redevelopment Agency purchased and vacated the Vista Dunes Mobile
Home Park. Acquisition occurred in December 2003, and site relocation activities
were completed by January 2006.
In March 2006, the Agency Board approved a request for proposals seeking non-profit
operators for the Vista Dunes Courtyard Homes. Five firms were contacted and only
one firm, Southern California Housing Development Corporation (SCHDC), responded.
The other firms were contacted to ascertain why they did not submit proposals; their
responses were that they are too busy handling other affordable housing developments
to take on this project. Since SCHDC was a qualified non-profit housing
owner/operator, and since they have other local affordable housing complexes in
Cathedral City and Indian Wells that are well run and maintained, staff recommended
that the Agency proceed to structure an Affordable Housing Agreement with SCHDC
for the sale and operation of the Vista Dunes Courtyard Homes. It is anticipated a
copy of the Summary Report and the Agreement will be made available to the
Redevelopment Agency Board on Monday.
SCHDC proposes to use a combination of 9% tax credit financing anticipated to be in
the amount of $12,677,149, a conventional 30 year mortgage secured from net
operating income of $1,317,152 and a 55 year 3% RDA Loan of $1 1,745,571. The
RDA Loan represents the balance of the unfunded development costs of the project.
The repayment of the RDA loan will be made through a sharing (60% Agency/ 40%
SCHDC) of residual receipts.
The Agency has received bids for constructing the site and building improvements for
Vista Dunes Courtyard Homes. The low bid for the construction of this project was
$21,400,000 by Davis Reed Construction Inc. Provided that contracts are awarded
and an Affordable Housing Agreement is approved, leasing and occupancy of this
project is anticipated by December 2007.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency include:
1. Adopt a Resolution of the Redevelopment Agency approving the Affordable
Housing Agreement by and between the La Quinta Redevelopment Agency and
the Southern California Housing Development Corporation and authorize the
Executive Director to execute the necessary documents;
2. Do not approve the Affordable Housing Agreement by and between the La
Quinta Redevelopment Agency and the Southern California Housing
Development Corporation; or
3. Provide staff with alternative direction.
Respectfully submitted,
J& &Lt:e��
Douglas Fr Evans
Community Development Director
Approved for submission brl-44-�
Thomas P. Genovese, Executive Director
G52
RESOLUTION RDA NO.
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY APPROVING AN AFFORDABLE HOUSING
AGREEMENT BETWEEN THE AGENCY AND THE
SOUTHERN CALIFORNIA HOUSING DEVELOPMENT
CORPORATION FOR THE PROPERTY LOCATED AT
78990 MILES AVENUE
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a
public body, corporate and politic, organized and existing under the California
Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL");
and
WHEREAS, pursuant to the CRL, the City Council of the City of La
Quinta ("City" or "City Council," as applicable) approved and adopted the
Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project
Area"), on May 16, 1989, by Ordinance No. 139; and
WHEREAS, a fundamental purpose of the CRL is to expand the supply
of low- and moderate -income housing (Health & Saf. Code, § 33071); and
WHEREAS, the Agency staff has negotiated an Affordable Housing
Agreement ("Agreement") with The Southern California Housing Development
Corporation, a non-profit California corporation ("Developer"), pursuant to which (i)
the Agency is to develop certain real property located within the Project Area at
78990 Miles Avenue ("Property") with an eighty (80) unit multifamily residential
housing development (the "Housing Development") and subsequently transfer to
Developer the Property and the Housing Development for Twenty -Five Million
Seven Hundred Thirty -Nine Thousand Eight Hundred Seventy -Three Dollars
($25,739,873) (the "Purchase Price"); and (ii) Developer is to operate the Housing
Development as an affordable housing development restricted for rental to and
occupancy by persons and families of very low and extremely low income (i.e.,
persons and families whose income does not exceed 50% of the median income for
Riverside County) at rent levels affordable to such persons; and
WHEREAS, the Purchase Price will be paid from the following sources:
(i) approximately Twelve Million Six Hundred Seventy -Seven Thousand One
Hundred Forty -Nine Dollars ($12,677,149) will be funded in the form of tax credits;
(ii) approximately One Million Three Hundred Seventeen Thousand One Hundred
Fifty -Two Dollars ($1,317,152) will be funded in the form of a conventional loan;
and (iii) approximately Eleven Million Seven Hundred Forty -Five Thousand Five
Hundred Seventy -One Dollars ($1 1,745,571) will be funded in the form of a loan
from the Agency to the Developer ("Agency Loan"); and
Resolution RDA No. 2006-
SCHDC Affordable Housing Agreement
Adopted: August 1, 2006
WHEREAS, pursuant to the Agreement, Developer, as a condition to
Agency's sale of the Property and Housing Development and provision of the
Agency Loan, shall record against the Property an Agency Regulatory Agreement
and Declaration of Covenants and Restrictions that restricts the use of the Property,
for a period of fifty-five (55) years, as an affordable rental housing project and sets
forth management and maintenance requirements for the Housing Development;
and
WHEREAS, Health and Safety Code Section 33433 requires that the
Agency prepare a Summary Report to consider the Agency's proposed financial
contribution to the Project as set forth in the Agreement, that the Agency Board
and the City Council conduct a noticed joint public hearing with respect to the
Agreement, and that the approval of the Agreement be accompanied by certain
findings and determinations as set forth herein; and
WHEREAS, a Summary Report for the Agreement has been prepared
and the joint public hearing has been conducted in accordance with applicable
requirements of law; and
WHEREAS, the City Council and the Redevelopment Agency have
considered all the information and evidence set forth in the Summary Report
presented by the City/Agency staff and presented by persons wishing to appear
and be heard concerning the impact of the Agreement on the Project Area and the
City as a whole; and
WHEREAS, the Agreement is in accordance with the Redevelopment
Plan and is of benefit to the Project Area and the City of La Quinta; and
WHEREAS, the City Council hereby determines that the Agency's
financial contribution pursuant to the Agreement is necessary to effectuate the
purposes of the Redevelopment Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA
REDEVELOPMENT AGENCY AS FOLLOWS:
1. That the above recitals are true and correct and incorporated herein.
2. The Agreement effectuates the purposes of the Community Redevelopment
Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan
and is in the best interests of the citizens of the City of La Quinta.
Resolution RDA No. 2006-
SCHDC Affordable Housing Agreement
Adopted: August 1, 2006
3. The Agency's sale of the real property identified herein will provide housing
for very low and extremely low income persons and is consistent with the
Agency's Five -Year Implementation Plan, based on the findings and
conclusions of the Summary Report, which is incorporated herein.
4. The consideration the Developer will pay for the real property to be conveyed
by the Agency is not less than the fair reuse value at the use and with the
covenants and conditions and development costs authorized by the sale,
based on the findings and conclusions of the Summary Report.
5. The Agreement, a copy of which is on file with the Agency Secretary, is
hereby approved. The Agency Executive Director and Agency Counsel are
hereby authorized and directed to make final modifications to the Agreement
that are consistent with the substantive terms of the Agreement approved
hereby, and the Agency Executive Director is authorized to thereafter sign
the Agreement on behalf of the Agency.
6. The Agency Executive Director is authorized and directed, on behalf of
Agency, to (i) sign such other and further documents, including but not
limited to subordination agreements and escrow instructions that require the
Agency's signature, and (ii) take such other and further actions, as may be
necessary and proper to carry out the terms of the Agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
La Quinta Redevelopment Agency held this 1" day of August, 2006, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE OSBORNE, Agency Chair
City of La Quinta, California
Resolution RDA No. 2006-
SCHDC Affordable Housing Agreement
Adopted: August 1, 2006
ATTEST:
DEBORAH H. POWELL, Interim Agency Secretary
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
City of La Quinta, California