2007 05 01 RDAefr# 4 4 adja
Redevelopment Agency agendas are
available on the City' web page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, MAY 1, 2007 - 3:00 P.M.
Beginning Resolution No. RA 2007-004
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.
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 acquisition
of real property is considered.
1. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR,
THOMAS P. GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION
54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF
ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED
SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA
CENTRE DRIVE. PROPERTY OWNER/NEGOTIATOR: GEORGE VELARDE.
Redevelopment Agency Agenda 1 May 1, 2007
2. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR,
DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION
54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF
ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY IDENTIFIED AS:
APN 609-040-005 (POR), 609-040-007, AND 609-040-023. PROPERTY
OWNER/NEGOTIATORS: MIKE SOLLENBERGER, AND THE TESTA FAMILY
PARTNERSHIP.
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
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.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF APRIL 17, 2007.
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be
approved by one motion.
APPROVAL OF DEMAND REGISTER DATED MAY 1, 2007.
2. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROJECT
LANDSCAPE ARCHITECT SERVICES FOR PHASE II SILVERROCK RESORT
IMPROVEMENTS.
3. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN LAKES AND
WATER FEATURE DESIGN SERVICES FOR PHASE II SILVERROCK RESORT
IMPROVEMENTS.
4. APPROVAL OF ADDITIONAL FUNDING FOR SILVERROCK RESORT PM10
SERVICES.
Redevelopment Agency Agenda 2 May 1, 2007
5. APPROVAL OF A RESOLUTION ADOPTING THE FISCAL YEAR 2007/2008
THROUGH 2O11/2012 CAPITAL IMPROVEMENT PROGRAM AND MAKING
CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION
33445(a).
BUSINESS SESSION - NONE
STUDY SESSION - NONE
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
For all Public Hearings on the agenda, a completed "request to speak" form must
be filed with the City Clerk prior to consideration of that item.
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held
on May 15, 2007, commencing with closed session at 3:00 p.m. and open session
at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA
92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta Redevelopment Agency meeting of May 1,
2007, 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 April 27, 2007.
DATED: April 27, 2007
%ERONIC MONTECINO, City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 3 May 1, 2007
COUNCIL/RDA MEETING DATE: May 01, 2007
ITEM TITLE: Demand Register Dated May 01, 2007
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Receive and File the Demand Register Dated May 01, 2007 of which
$612,529.24 represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
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COUNCIL/RDA MEETING DATE: May 1, 2007
ITEM TITLE: Approval of a Request for Proposals
(RFP) to Obtain Landscape Architectural Design
Services for Phase II SilverRock Resort
Improvements
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: vv��
CONSENT CALENDAR: C21
STUDY SESSION:
PUBLIC HEARING:
Authorize staff to distribute a Request for Proposals (RFP) to obtain professional
landscape architectural design services for the Phase II SilverRock Resort
Improvements; and appoint a Consultant Selection Committee.
FISCAL IMPLICATIONS:
The Phase II SilverRock Resort Improvements 'are included within the draft 2007-
2008 Capital Improvement Program. Project components include: Infrastructure,
Permanent Clubhouse, Second Golf Course, and Entry Feature/Roads. Each of the
above -listed components includes funding for "engineering" as follows:
Project Component
Fiscal Year 2007-2008
Engineering Budget
Infrastructure
$1,989,000
Permanent Clubhouse
$1,404,000
Second Golf Course
$2,106,000
Entry Feature/Roads
$351,000
Total
$5,850,000
The costs for the Lakes & Water Feature design services will be charged
proportionately to the "engineering" category for each of the project components.
BACKGROUND AND OVERVIEW:
The Phase II SilverRock Resort improvements include the installation of: the
"backbone" infrastructure, including on -site streets, three (3) bridges spanning the
Coachella Canal (1 auto and 2 golf cart), water, sewer and dry utilities; the
permanent clubhouse; the second municipal golf course; the entry features, and on -
site landscaping.
The La Quinta Redevelopment Agency (RDA) is requesting proposals from
Landscape Architectural consulting firms to provide project themeing, preliminary
design, schematic design, and to prepare plans, specifications, schedules and cost
estimates for various Phase II SilverRock Resort improvements.
The landscape architect shall be responsible for the design of all landscape,
irrigation, landscape lighting, walls, fencing, gates, site furnishings, flatwork, and
related hardscape improvements for the on site streetscapes, right-of-way areas,
permanent clubhouse, golf course landscape areas, passive park, common areas,
CVWD well sites (3), resort interface areas and project entry areas. The landscape
architect shall be responsible for maintaining the "RDA's Vision" for all aspects of
Phase II design and for making recommendations in regard to the aesthetic
character and quality of the various design elements, ie: plant palette, building
materials, site furnishings, design features, water features, signage, common
landscape areas and areas of interface with the private hotel/resort developments.
Additionally, the landscape architect shall coordinate with the resort development
team to ensure that both the public and private facilities are consistent in design
and materials quality.
The RFP to obtain landscape architectural design services for the Phase II
SilverRock Resort Improvements has been prepared and is ready for distribution to
qualified consultants. The RFP is attached for the Agency Board's review as
Attachment 1.
The Consultant Selection Process outlined within Resolution 2005-096 will be
followed. Staff recommends the Agency Board appoint a Consultant Selection
Committee consisting of the following members: Doug Evans, Community
Development Director; Edie Hylton, Community Services Director; Nick Nickerson,
NAI Consulting; and Rob Jones, Golf Dimensions.
Contingent upon Agency Board approval of the RFP on May 1, 2007, the
following represents how the project is expected to proceed:
Proposal Due Date May 24, 2007
Interviews with Selection Committee May 31, 2007
Recommendation to the Agency Board June 19, 2007
Start Activities June 20, 2007
RFP Attachments
Several attachments are contained within the RFP, including the Landscape
Architectural Design Schedule and a sample Agency Professional Services
Agreement.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Authorize staff to distribute a Request for Proposal (RFP) to obtain
professional landscape architectural design services for the Phase II
SilverRock Resort Improvements; and appoint a Consultant Selection
Committee; or
2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain
professional landscape architectural design services for the Phase II
SilverRock Resort Improvements; and do not appoint a Consultant
Selection Committee; or
3. Provide staff with alternative direction.
Respectfully submitted,
a
Debbie Powell
Management Analyst
Approved for submission by:
-12
Thomas P. Genovese, Executive Director
Attachment: 1. Landscape Architectural Design Services Request for Proposals
Attachment 1
La Quinta Redevelopment Agency
Phase II SilverRock Resort
Improvements
Landscape Architectural Design Services
Request for Proposal
May 1, 2007
LA QUINTA REDEVELOPMENT AGENCY
REQUEST FOR PROPOSAL
FOR
SilverRock Resort — PHASE II
LANDSCAPE ARCHITECTURAL DESIGN SERVICES
GENERAL INFORMATION
The La Quinta Redevelopment Agency (RDA) is requesting proposals from Landscape Architectural
consulting firms to provide project themeing, preliminary design, schematic design, and to prepare full
construction plans, specifications, schedules and cost estimates for various Phase II SilverRock Resort
improvements. The Phase II improvements include the installation of: the "backbone" infrastructure; on -
site street improvements; vehicular, pedestrian, and golf cart bridges and undercrossings; the permanent
clubhouse; an 18 hole golf course; primary and secondary entry features; a passive park; and project
support facilities.
The landscape architect shall be responsible for the design of all landscape, irrigation, landscape lighting,
walls, fencing, gates, site furnishings, flatwork, and related hardscape improvements for the on site
streetscapes, right-of-way areas, permanent clubhouse, golf course landscape areas, passive park, common
areas, CVWD well sites (3), resort interface areas, project perimeter and project entry areas. The landscape
architect shall be responsible for maintaining the "RDA's Vision" for all aspects of Phase II design and for
making recommendations in regard to the aesthetic character and quality of the various design elements, ie:
plant palette, building materials, site furnishings, design features, water features, signage, common
landscape areas and areas of interface with the private hotel/resort developments. Additionally, the
landscape architect shall coordinate with the resort hotel(s) development team(s) to ensure that both the
public and private facilities are consistent in design and materials quality.
In July 2002, the RDA purchased 525 acres that was once the Ahmanson family ranch. Now known as
SilverRock Resort, the RDA's goal is to develop a premier golf -oriented resort community that
encompasses two 18-hole golf courses, resort and boutique hotels, passive recreation and resort oriented
commercial uses.
GMA International completed the Conceptual Master Plan and Development Program for this property,
which was approved by the Redevelopment Agency Board on May 6, 2003. The Master Plan includes a
preliminary routing plan for both golf courses, entry roads, and identifies future community/Golf
Clubhouse, hotel and commercial sites. The master plan also includes a Phasing Plan (Refer to Exhibit `C'
— Project Phasing Plan). Actual parcel configurations indicated on this exhibit are subject to change or
modification by the RDA.
A Specific Plan and environmental approvals have been secured to develop the following uses on
SilverRock Resort: a 225-room boutique hotel with a 10,000 square foot conference center; 450 room
resort hotel, two 18-hole public golf courses with a driving range; an 81,000 square foot clubhouse; a
passive park; and 25,000 square feet of ancillary tourist commercial uses. Additional approved uses entail
passive open space, trails, and view corridors.
Phase I development including the mass grading of the overall site, the first golf course, perimeter
streetscapes, temporary clubhouse, permanent maintenance facility, entry features and related infrastructure
are currently complete and operational.
PROJECT LOCATION
The SilverRock Resort is located in the City of La Quinta, California, southwest of the intersection of
Avenue 52 and Jefferson Street. Avenue 52 borders the entire northern edge of the site, with Jefferson
Street being the eastern project boundary. The project site is directly adjacent to the private golf
communities of the Citrus (north of Avenue 52); The Hideaway (east of Jefferson Street); The Traditions
(West of the Project site); and PGA West (directly south of Avenue 54). The southwest portion of the site
is situated at the base of the Coral Reef Mountains. (Refer to Exhibit `A', Regional Location Map; Exhibit
`B', Project Location Map; and Exhibit `C', Project Phasing Plan.)
PROJECT DESCRIPTION
The RDA's goal is to develop premiere hospitality and golf venues that become must -see destinations in
the Coachella Valley. The final development will be crafted as if it had evolved over time by melding the
rich hues of the desert and strong architectural elements inspired by the site with rusticated materials.
The RDA has discussed the proposed architectural style as one that captures a sense of lightness and beauty
that's found in styles similar to a California Colonial or other southwest Spanish look or theme, keeping
with the charm and character of the City of La Quinta.
The RDA approved a Master Plan for the project in May 2003. The Master Plan and Specific Plan sets
forth a preferred site development program and plan that will guide the precise planning processes. GMA
International has been managing this activity and prepared the master plan and associated documents.
Their work will be available to the selected organization.
Additional information may be found at the project website: www.silverrock.org
PROPOSAL INFORMATION
As the Project Manager of the RDA's SilverRock Resort, Phase II, Golf Dimensions is managing and
coordinating the Request for Proposal process for the procurement of Landscape Architects in the
preparation of the project theming, landscape design, construction plans and specifications. Golf
Dimensions may be contacted at:
GOLF DIMENSIONS
3 Park Plaza, Suite 1490
Irvine, CA 92614
Arm.: Robert E. Jones, ASLA
PH: (949) 476-2246
FX: (949) 476-8520
Email: rjones@projectdimensions.com
The RDA wants to insure sufficient information exchange prior to proposal preparation to minimize wasted
effort by interested firms during the proposal preparation. As such, the RDA encourages open
communication. Questions and inquiries regarding the Request for Proposal should be submitted in writing
to Golf Dimensions at the above address, via facsimile or email. Golf Dimensions will respond promptly
either in writing or verbally upon receipt of the inquiry. The RDA reserves the right to distribute questions
and responses to all firms in receipt of the Request for Proposal.
FORMAT FOR RFP RESPONSES
Firms submittal proposals are encouraged to keep their proposal brief (not to exceed 25 pages) and relevant
to the specific services requested.
Both a 11Work Proposal" and a "Cost Proposal' shall be submitted in separate envelopes. Firms
submitting proposals are required to adhere to the following format in their proposals.
1) WORK PROPOSAL
A) COVER LETTER
i) The name, address and phone number of the contact person for the remainder of the selection
process.
ii) General company information including location of company headquarters and any branch
offices, number of years in business, company organization, staff size and types.
iii) Any qualifying statements or comments regarding the proposal and relevant to the information
provided in the RFP or the proposed contract.
iv) Statement regarding what makes the proposer unique to other proposers and why the proposer
should be selected.
v) Description of staffing configuration to be utilized on the project, along with resumes and of
proposed key personnel.
vi) If any subcontractors are to be used in the performance of this project, they must be identified,
with a description of the work for which they will be responsible, a company
profile/background and resumes of the key personnel who will be participating on the project.
B) PROJECT UNDERSTANDING AND APPROACH
i) A narrative that details your understanding of the project and how the organization will
approach the requested services.
C) RELEVANT EXPERIENCE
i) Relevant experience of the firm on projects similar in scope and magnitude. Experience
working on Golf Resort projects, preferably in the Coachella Valley and southwest desert
environment.
ii) Relevant experience of the staff members who will be assigned to the project, including
resumes, and experience working on projects similar scope and magnitude.
iii) A description of the firm's current workload with a discussion of how this project would be
incorporated into the firm's work schedule.
iv) A minimum of three (3) client references on recent projects of similar scope and nature,
preferably in California desert environments. Briefly describe the duration and nature of the
contract, the scope of work, for whom the work was performed and the name of an individual
contact directly involved in the management of the contract, contact phone number and
address.
D) SCOPE OF SERVICES
i) A description of the tasks, sub tasks, and specific deliverables that will be provided.
E) INSURANCE
i) Limits of General Liability and Professional Liability Insurance, per the requirements and terms
of the Professional Services Agreement (PSA) section 5.0, insurance, indemnification and
bonds.
F) AFFIRMATIVE ACTION
i) Statement on firm's policies in regard to affirmative action.
G) EXCEPTIONS OF ADDITIONS TO THE AGENCY'S REQUEST FOR PROPOSAL
i) A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's
Proposal.
ii) A statement that this RFP and the Consultant's Proposal will jointly become part of the
"Agreement for Professional Consultant Services" for this project when said Agreement is
fully executed by the Consultant and the Chairman or Executive Director of the La Quints
Redevelopment Agency.
iii) A statement that the Professional Services to be provided, and fees therefore, will be in
accordance with the Agency's RFP, except as otherwise specified.
2) COST PROPOSAL
A) COST PROPOSAL
i) A detailed cost proposal for all services and materials is required including the direct and
indirect rates (with overhead) and percent of profit anticipated in completing the services as
outlined in this RFP.
ii) Rate/fee structure and desired schedule of compensation in relation to task completion schedule.
Fees are to be broken down by phase of work as described within the Scope of Work, and shall
include a not -to -exceed budget for reimbursable expenses.
iii) Current hourly rate sheet.
iv) Man hours and extended billing rates per classification of personnel shall be indicated for each
defined task.
RIGHT OF REFUSAL
This request is for professional services. The RDA reserves the right to refuse any or all proposals without
cause. Proposals will be considered only in their entirety. The RDA also reserves the right to reject all
proposals if they are deemed unsuitable to meet the RDA's needs. Late or incomplete proposals will not be
considered, and the RDA reserves the right to determine the completeness of all requests for proposals.
The successful firm must execute the Professional Services Agreement (PSA) prior to the RDA
consideration of the contract. Failure to do so shall be cause for the RDA to terminate contract
considerations.
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COST OF PROPOSAL PREPARATION
The interested firm(s) is responsible for any costs incurred by them or their subcontractors, in responding
to the Request for Proposal.
OTHER REOUIREMENTS
The RDA reserves the right to negotiate the specific requirements and costs using the selected proposal as a
basis for negotiations.
SITE REVIEW
Proposers interested in touring the site prior to submitting their proposal must contact Golf Dimensions by
Friday, May 11, 2007.
RELATED DESIGN SCOPES
Management of the design and construction process for SilverRock Phase II will be handled on a day-to-
day basis by Golf Dimensions, hereinafter known as the "Projeefs Manager." The Landscape Architect
will perform the scope of services as described on the following pages in conjunction with a design
consultant team under the management of the Project Manager. Golf Dimensions, working under the
direction of the RDA, will function as the central point of contact for the consultant team and will be
responsible for the coordination and management of the project. Therefore, all communications,
correspondence, distribution of plans, etc. will commence solely through Golf Dimensions.
Other design team members and their associated project responsibilities which Golf Dimensions or the
RDA will secure for the project will consist of the following:
1. Golf Course Architect - responsible for developing the plans and specifications for the
golf course. The Golf Course Architect will be primarily responsible for developing the
golf course routing and the overall landscape concept. The Golf Course Architect will
coordinate with the Landscape Architect to ensure that the landscape concept is carried out
within the landscape plans and specifications. The Golf Course Irrigation Designer will be
responsible for the golf course irrigation plans with the exception of any ornamental
landscape or native areas which will be the responsibility of the Landscape Architect.
2. Lake Designer -responsible for developing the lake(s) and water feature(s) design plans
and specifications, based upon the concept layout provided by the Golf Course Architect.
The Golf Course Architect will provide horizontal and vertical control of the lake(s) and
water feature(s), and the Lake Designer will then develop the necessary plans and
specifications for construction.
3. Clubhouse Architect - responsible for developing the design plans and specifications,
along with providing construction monitoring for the clubhouse.
4. Civil Engineer _ responsible for providing the necessary civil design plans and
specifications, including the review, analysis, and registered civil -stamped approval of the
construction documents for the golf course grading and drainage design as provided by the
5
Golf Course Architect. Preparation of the grading and drainage plans for the facilities that
incorporate the review of other grading and drainage concepts in areas of ornamental
landscape and revegetation by the Landscape Architect, and preparation of the erosion
control plan to be utilized throughout the project during construction. (Note: the Golf
Course Architect will incorporate the Civil Engineer's design recommendations for
grading and drainage within the golf course envelope as agreed upon between the Golf
Course Architect and the Civil Engineer)
5. Additional Design Consultants — Additional team members associated with the project
contracted with the RDA or their Consultants include:
• Electrical Engineer
• Soils Engineer
• Agronomist
• Structural Engineer
• Golf Course Irrigation Designer
SCOPE OF WORK
The following tasks shall be performed by the Landscape Architect in the preparation of the project
theming, landscape design and construction plans and specifications for the Phase II on -site streetscapes,
right-of-ways, permanent clubhouse, golf course, landscape areas, passive park, common areas, CVWD
well sites (3), resort interface areas and project entry areas. (Refer to exhibit `D' Phase II Components.)
1.0 Project Themine Phase
The following identifies the work associated with the development of the overall project theme for
the entire SilverRock Resort Project. In addition to the Scope of Work described below, the
landscape architect will be available to respond to all reasonable requests by the Project Manager
on behalf of the RDA, for meetings and correspondences.
1.1 Existing Project Documentation Review
The Landscape Architect shall review existing project information, the existing site
conditions and existing built product, in addition to reviewing all plans and document for
the existing Phase I facilities, and the current documents being prepared for the Phase II
development. Existing documents available for review include:
SilverRock Resort Specific Plan (July 18, 2006)
• Phase I Plans & Documents
• Current Phase Il Plans & Documents
0 Hotel Development Plans
1.2 Initiate Project
The Landscape Architect will initiate the project by meeting with the RDA's SilverRock
Technical Team (The Committee), the Project Manager, staff and other design team
members to review all available information and to discuss the following:
• Project goals and objectives
• Project opportunities as envisions by the Committee
• Project design criteria
• Art in public places
• Hotel/Commercial design concepts
• Project theming concepts including overall character, landscaping, architecture,
monumentation, lighting, etc.
• Anticipated environmental design concepts
• Project site constraints
1.3 Project Theme Development
The consultant shall work with the SilverRock Technical Team, staff, Project Manager,
and the RDA's design team to refine the SilverRock `vision" as it relates to the overall
community. Specific services as a minimum shall include the following:
• Attend meetings and provide design input to the SilverRock Technical Team.
• Review completed Phase I work and make recommendations for various design
considerations or modifications appropriate to create design consistency with the
Phase II improvements.
• Review design team product in regard to aesthetics and design elements.
• Develop Phase II Design criteria and concepts.
• Review and define architectural style/character as it relates to landscape architecture.
• Define building materials style and character.
• Identify design opportunities for incorporation of art in public places program.
• Develop water and energy conservation recommendations.
• Maintain the RDA "Vision" and make recommendations for various design
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considerations/ alternatives for Phase I and the Phase II design process.
Prepare site trail plan identifying pedestrian, equestrian, hicking, golf cart and multi-
use trails locations and material types.
1.4 Theming Presentations
The Consultant, based on the direction of the SilverRock Technical Team, shall prepare
graphic explanatory materials for use in presenting all proposed theming considerations to
the various stakeholders including the Planning Commission, Committees, RDA Board of
Directors, Hotel Development Team and local residents. Presentation materials shall be in
the form of photographic exhibits, story boards (30 x 42); written bound materials (8 '/2 x
11); over -head projection, or Powerpoint presentation.
2.0 Schematic Design Phase
The following identifies the scope of work associated with the development of the schematic
design plans and specifications for the proposed landscape improvements listed above. In addition
to the scope of work described below, the Landscape Architect will be available to respond to all
reasonable requests by the Project Manager, on behalf of the RDA for meetings and
correspondence.
2.1 Existing Project Documentation Review
The Landscape Architect shall review existing project information and analyze it to
determine issues, problems, findings and problem resolutions that could be relevant to the
project design and construction. Existing documents available for review include:
• Phase I Plans & Construction Documents
e Current Phase II Plans and Construction Documents
e Engineering Base Information
o Site Topography Map / Aerial Survey
a Completed Phase I Installations (on -site review)
• Median Landscape Plans (Avenue 52)
2.2 Project Coordination
The Landscape Architect will initiate the project by meeting with the RDA's SilverRock
Technical Team (The Committee), the Project Manager, staff and other design team
members to review all Concept and Development Plans, and other available information
and to discuss the following:
Information that may be available from the RDA, including base maps, conceptual
design considerations, etc.
• Existing development and construction documents currently prepared for Phase II.
• Requirements of other design team members directly related to the Landscape
Architect's design product.
• Project budget.
• Project schedule
2.3 Site Review
The Consultant shall attend a site review meeting with the Project Manager and other
design team members to review existing Phase I conditions, visit and analyze the proposed
project site.
2.4 Plant Palette
The Consultant shall create a conceptual plant palette for review and approval. Palette will
include representative photos of proposed materials.
2.5 Local Requirements
The Consultant shall review all local requirements for sight distance setbacks, tree
spacing, irrigation, trails, parking, plan submittals, etc., to determine their applicability to
the site.
2.6 Conservation Requirements
The consultant shall prepare a water and energy conservation program addressing water
and energy conservation principles and other features to reduce consumption of resources
as part of the design and operations.
2.7 Schematic Plans
The Consultant shall prepare Schematic Plans, including conceptual planting identifying
trees, shrubs, groundcovers and revegetation, proposed plant palette, paving patterns,
bridges, cart paths, locations for art in public places, and proposed materials for each of
the following, to include:
2.7.1 200-scale Golf Course Landscape Plan.
2.7.2 100-scale golf course typical fairway landscape plan, and two (2) sections,
identifying plant palette, proposed planting concepts, and interface with tees,
greens and fairways.
2.7.3 100-scale Streetscape Landscape Plan, and a minimum of eight (8) sections
identifying plant palette, proposed planting concepts, and interface with golf
course, hotels, clubhouse, parksite, and other adjacent facilities.
2.7.4 Conceptual Irrigation System layout for the ornamental landscape and
revegetation areas based on the Golf Course Architect's Conceptual Routing Plan.
The layout plan will include a preliminary calculation for the irrigation water
demand for all ornamental and revegetation areas.
2.8 Schematic Plans. Facilities
The Consultant shall prepare Schematic Site and Landscape Plans, with input and
coordination with the Facility Architect and Civil Engineer for the project components
listed below to include proposed plant palette, planting concepts, vehicular and pedestrian
circulation, cart paths, hardscape features including paving and walkways, and conceptual
grading and drainage of ornamental planting areas, tournament staging areas, and
operational considerations, ie. deliveries vendor back of house access to include:
2.8.1 Clubhouse Site
2.8.2 Passive Park Site
2.8.3 Project Entries and Monumentation (Hotel Drive and Jefferson Street; SilverRock
Way and Avenue 54; Turn around at SilverRock Way and Hotel Drive)
NOTE. The Civil Engineer will utilize the Schematic Site Plans to prepare horizontal
control plans and the project base sheets for the facilities. This information will be
provided to the design team for use in creating their design products.
2.9 Schematic Elevations/Sections
The Consultant shall prepare Schematic Elevations and/or sections, to include:
2.9.1 Clubhouse landscape elevations, two (2)
2.9.2 Passive Park Sites, two (2)
2.9.3 Comfort station landscape elevation
2.9.4 Project entry and monumentation elevation, -Four (4)
2.9.5 Typical bridge elevation,.Two (2)
2.9.6 Typical streetscene elevations, Two (2) SilverRock Way; and one (1) Hotel Drive,
and one (1) Street B; and one (1) Street A.
2.10 Schematic Lighting Plans
The Consultant shall prepare a Schematic Lighting Plan identifying all outdoor areas to
receive lighting and preferred lighting methods. Areas to be lit may include the following:
2.10.1 Entries Monumentation
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2.10.2 Clubhouse Parking lot
2.10.3 Plant material up lighting
2.10.4 Streetscapes
2.10.5 Flag pole
2.10.6 Outdoor areas of Clubhouse
2.10.7 Tunnel under crossings
2.10.8 Bridge at SilverRock Way
2.10.9 Art in public places
NOTE: All lighting attached to buildings is the responsibility of the Facility Architect.
2.11 Schematic Signage Program
The Consultant shall prepare a Schematic Signage Program for the entire facility,
including all pedestrian & vehicular directional signage, tee markers, yardage markers,
etc., for the golf course, related facilities and project entries.
3.0 Design Development Phase
After approval by the RDA of the Schematic Design, the Consultant shall prepare Design
Development Plans which will refine the design character of the project and identify specific
materials and construction methods to be used. The plans will delineate all site construction
elements, and will be developed in typical construction document format on 301, x 42 sheets, and
as further defined by the RDA prior to initiation.
3.1 Basesheets
The Consultant shall prepare basesheets based upon the Golf Course Architect or project
Civil Engineer -provided horizontal control base information, in standard working drawing
format as required by the RDA as described below for the:
3.1.1 Golf course
3.1.2 Clubhouse
3.1.3 Streetscapes and project entries
3.1.4 Passive park site
11
3.2 Grading
The Consultant shall review and refine the approved schematic grading concepts depicting
proposed contouring and spot elevations for walkways/hardscape, cart paths, planting
areas, and walls/fencing. Grading and drainage concepts shall be coordinated with the
project Civil Engineer, Architect, and Golf Course Architect, through the Project Manager.
(NOTE: the final grading and drainage plans will be prepared by the Civil Engineer.)
3.3 Design Development Plans
The Consultant shall prepare Construction, Planting, Irrigation, Lighting Plans and details
as needed for all components of Phase I1, identifying all materials, finishes, sizes,
quantities, colors, etc., and verify availability of all plant materials with local nurseries.
The components of Phase II include, but are not limited to:
3.3.1 Cart paths, sidewalks, trails and hardscape/flatwork
3.3.2 Expansion, control, and score lines
3.3.3 Walls/fences/gates
3.3.4 Bridges/Undercrossings
3.3.5 Rock outcroppings
3.3.6 Planter/retaining walls
3.3.7 Hole signage markers
3.3.8 Drinking fountains
3.3.9 Enhanced paving
3.3.10 Steps and ramps
3.3.11 Railings and handrails
3.3.12 Site furniture
3.3.13 Free-standing shade/overhead structures
3.3.14 Golf course/clubhouse transitional paving
3.3.15 Entry Monumentation
3.3.16 Planting
12
3.3.17 Irrigation
3.3.18 Native areas
3.3.19 Art in public places locations
3.4 Signage Plans
Prepare Design Development -Level Signage Plans, identifying sign location, styles,
verbiage, colors, etc.
3.5 Materials/Color Boards
Prepare materials/color boards illustrating proposed plant palette, hardscape materials,
finishes, site furniture, etc., through the use of photographs/cut sheets.
3.6 Electrical Engineering
During the Design Development phase, coordinate with the electrical engineering for all
project exterior site lighting elements and incorporate all plan details and specifications
into the Landscape Design Development Package.
3.7 Structural Engineering
Following completion of the Design Development Plan Package Services, coordinate with
structural engineer for all project landscape (hardscape) construction elements, including
bridges, walls, mom mentation and other items, and incorporate all plans and details into
the Landscape Construction Drawing Package.
4.0 Construction Document Phase
After approval by the RDA of the Design Development Plans, the Consultant shall prepare
Construction Document Landscape Architectural Plans in sufficient form and detail to facilitate
construction implementation of the proposed improvements.
4.1 Basesheets
Update basesheet information based upon the project Civil Engineer, Architect, and Golf
Course Architect provided information.
4.2 Construction Plans
Prepare Construction, Planting, Irrigation, Signage and Lighting Plans and details required
to accurately locate and construct all Phase 1I.
5.0 Construction Cost Estimates
Consultant shall prepare an Opinion of Probable Construction Costs based upon the Landscape
Architectural improvements designed. Opinion of probable construction costs will be provided at
the completion of the Schematic Design Phase, the Design Development Phase, and at 50% and
13
100% completion of the Construction Document Phase. Estimates will include unit costs and
quantities by major or construction item, as well as contingency and soft cost estimates, ie:
Construction management, inspections, and testing.
6.0 Construction Specifications
Consultant will provide construction specifications for the improvements described above in CSI
Master Format. Construction specifications will be provided at the completion of the Schematic
Design Phase (in outline format only), Design Development Phase, and at 50% and 100%
completion of the Construction Document Phase. Specifications will be compiled by the Project
Manager into a cohesive set, appropriate for public bidding, and in compliance with the state
standard specifications (Greenbook).
7.0 Value Engineering
The Consultant will provide value engineering services directly related to their scope of work, and
in conjunction with the other design team consultants. The Consultant will evaluate and
incorporate where agreed as applicable, value engineering provided by other design consultants.
The Consultant will be available to meet up to three (3) times during the design process, separate
from the regular design progress meetings, for the specific purpose of discussing value engineering
issues for the project.
8.0 Team Interface
The Consultant will interface with other design team consultants through the Project Manager by
incorporating other consultant's design plan concepts as they relate to the landscape architectural
plans and specifications.
The Consultant will provide progress plan drawings as deemed necessary during team meetings to
the Project Manager as well as the necessary design team consultants in order to communicate
design progress and design changes that impact the other design team consultants' work (note:
printing of the progress plan sets shall be included within the Landscape Architect's reimbursable
requirements). Changes from the most recent progress plan set submittal will be indicated by the
Consultant by means of highlighting or clouding.
The Consultant will be responsible for providing review and comment on other design team
consultant plans (i.e., Golf Course Architect, Civil Engineer, Facility Architect, private hotel
design team, etc.) for consistency with the Landscape Architectural Plans, adherence to project
theming and for purposes of value engineering.
9.0 Bidding Support
The Consultant shall provide assistance during the bidding of the project to include the following:
• Review and add comments(s) to bid alternates as developed by the Project Manager.
• Attendance at Pre -Bid Meetings to be held on site.
• Provide assistance to respond to Contractor submitted Requests for Information pertaining
14
directly to the Landscape Architect's scope of work in the form of written clarifications or
revisions to plans and specifications as appropriate.
Provide assistance for review of Contractor bids.
Note: The RDA may bid various multiple subcontractor bid packages or related work requiring
coordination by the Landscape Architect.
10.0 Construction Process
Throughout the construction of the Phase II Components, the Consultant will provide construction
support, including field and office services to include the following.
10.1 Pre -Construction Kickoff Meeting
Attend pre -construction kick-off meetings at the job site with the Contractor, and the
Project Manager to review the site conditions and to discuss key construction processes
relating to the Landscape Architectural scope of work.
10.2 Submittal Review
Review pertinent submittals for the Landscape Architectural improvements within the
construction documents and provide approvals, rejections or requests for additional
information as required.
10.3 Plant Material Review
Review quality of plant material as it is delivered to the site and provide approvals,
rejections or requests for additional material as required.
10.4 Request for Information Response
Provide responses to Contractor and Project Manager issued Requests for Information in
regards to clarification for Landscape Architectural improvements, and provide design
clarification or redesign if necessary.
10.5 Construction Observation
The Consultant will attend weekly coordination meetings at the job site, provide
observation services during the construction process and will provide input and
recommendations as necessary based upon site visits to review construction progress on
the Landscape Architectural improvements.
10.6 Project Close -Out
At the completion of the construction process, coordinate with the Project Manager for
preparation of a punch list which delineates the remaining Contractor responsibilities in
order to complete the project to the satisfaction of the Contractor's contract.
15
10.7 Post -Construction Evaluation and Inspection
The Consultant will participate in post -construction job walks prior to the expiration of the
Contractor's maintenance period one year guarantee period.
11.0 As -Built Documentation Preparation
The Consultant shall prepare Record Drawings (as-builts) of the Landscape Architectural
improvements at the completion of the project. The Record Drawings will be prepared based upon
the field documentation developed by the Project Manager and project sub -contractors
throughout the construction process. Record Drawings will be provided in computer format as well
as one (1) reproducible set.
12.0 Meetings, Presentations and Site Visits
12.1 Design Process
The design process is anticipated to occur over an approximate twelve (12) month period,
during which the design team will meet regularly to review design progress, and
periodically to discuss value engineering issues as well as the project budget and schedule.
The Consultant should anticipate up to two (2) meetings per month to be held at the RDA.
12.2 Design Presentations
The Consultant shall participate in presentations of the project milestones:
• Mid -schematic design
• Schematic design approval
• Mid -design development
• Design development approval
• Construction document approval
At mid -schematic design, there may be more than one, but no more than three presentation
reviews. Presentations will require preparation of presentation materials such as exhibit
boards, overhead presentations, PowerPoint presentations, or other methods of
communication sufficient to clearly articulate the project concept, various features of the
project and design emphasis, and other information to ensure consistency with the goals
and objectives for the project.
12.3 Construction Process
During the construction of the Phase II Components, the Consultant will attend site
meetings and make site reviews as necessary to review the work progress.
The construction process is anticipated to occur over an approximate twelve (12) month
period.
12.4 Post Construction Process
The Consultant will provide a post construction site visit as described herein.
16
SUBMITTAL PROCEDURES
Both a WORK PROPOSAL and a COST PROPOSAL as described herein are to be submitted in
SEPARATE ENVELOPES, clearly marked with the consultant's name, address and phone number.
Work Proposals are to be submitted in the envelope marked "Work Proposal" and Cost Proposals are to
be submitted in the envelope marked "Cost Proposal."
Ten (10) proposal packages (Work Proposal Envelope & Cost Proposal Envelope) are due by 1:00 p.m.,
Thursday, May 24, 2007, and delivered to:
Debbie Powell, Management Analyst
La Quinta Redevelopment Agency
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Questions and inquiries regarding the Request for Proposal should be submitted in writing to Golf
Dimensions, via facsimile or email. Golf Dimensions will respond promptly either in writing or verbally
upon receipt of the inquiry. All questions and inquiries must be received by Golf Dimensions, prior to
5:00 p.m., Tuesday, May 22, 2007, in order for a response to be provided.
SELECTION PROCESS
The RDA's Selection Committee will review and rank the Work Proposals submitted. The committee
will select the consultants for interviews based upon the materials submitted in the work proposal and the
ranking following the review process. The committee will interview selected firms and re -rank the firms
following the interview process. Only after the ranking process is complete will the Cost Proposal be
opened.
The committee will negotiate a contract with the top ranked firm that will then be considered for approval
by the La Quinta Redevelopment Agency Board.
The successful firm will be expected to enter into the attached Professional Services Agreement (PSA).
(Refer to sample Professional Service Agreement, attached)
SELECTION SCHEDULE
The tentative Project schedule is as follows:
Issue Request for Proposals
May 3, 2007
Proposal Due
May 24, 2007
Oral Interviews
May 31, 2007
Agency Board Consideration
June 19, 2007
Start Activities
June 20, 2007
This solicitation does not commit the La Quinta Redevelopment Agency to award a contract, to pay any
cost incurred with the preparation of a proposal, or to procure or contract for services or supplies. The La
Quinta Redevelopment Agency reserves the right to accept or reject any or all proposals received in
17
response to this request, to negotiate with any qualified source, or cancel in whole or part this proposal
process if it is in the best interest of the Agency to do so. Subsequent to contract negotiations, prospective
consultants may be required to submit revisions to their proposals. All proposers should note that any
contract pursuant to this solicitation is dependent upon the recommendation of the Agency staff and the
approval of the Agency Board.
ATTACHMENTS
The following exhibits and documents are attached for reference purposes, as referred to herein:
1. Exhibit `A'
Regional Location Map
2. Exhibit `B'
Project Location Map
3. Exhibit `C'
Project Phasing Plan
4. Exhibit `D'
Phase I1 Components
5. Exhibit `E'
Project Schedule
6. Professional
Services Agreement (Sample Contract)
18
SilverRock Resort — Phase II
Landscape Architectural Services
Exhibit 6A9
Regional Location Map
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the LA QUINTA REDEVELOPMENT AGENCY
("Agency"), and ("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
, Project No. , as specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference (the
"services" or "work"). Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the Agency 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 Agency, Consultant shall
immediately inform Agency of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer
(as defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by Agency, except such losses
or damages as may be caused by Agency's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to Agency, when
such inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to Agency that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the Agency Board.
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
Dollars ($) (the 'Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to Agency no later than the tenth (10th)
working day of such month, in the form approved by Agency's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. Agency will pay
Consultant for all expenses stated thereon which are approved by Agency pursuant
to this Agreement no later than thirty (30) days after invoices are received by the
Agency'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 Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than Agency, and unusually severe weather, if Consultant shall within ten
(10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts
and the extent of delay, and extend the time for performing the services for the
period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. The term of this agreement shall commence on ,
200 and terminate on _ 200_(initial term). This agreement may
be extended for additional year(s) upon mutual agreement by both parties
(extended 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. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for
Agency to enter into this Agreement. Therefore, the foregoing principals shall be
responsible during the term of this Agreement for directing all activities of
Consultant and devoting sufficient time to personally supervise the services
hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be
or such other person as may be designated by the Agency's Executive Director. It
shall be Consultant's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Consultant shall
refer any decisions, which must be made by Agency to the Contract Officer.
Unless otherwise specified herein, any approval of Agency required hereunder shall
mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for Agency to enter into this Agreement. Except as
set forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of Agency. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without
the prior written approval of Agency.
4.4 Independent Contractor. Neither Agency nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents
or employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of Agency and shall remain at all times as to Agency a wholly independent
contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency.
4.5 Agency Cooperation. Agency shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither Agency nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming
Agency and its officers and employees as additional insured shall be delivered to
and approved by Agency prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal Iniury/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. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
Agency nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to Agency of proposed cancellation. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of Consultant's obligation to indemnify Agency, its officers, employees,
contractors, subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless Agency and any and all of its officials, employees and agents
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are cause in
whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or subconsultants (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements,
the Consultant shall not be liable for any injuries or property damage resulting from
the reuse of the design at a location other than that specified in Exhibit C without
the written consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless Agency, and any and all
of its employees, officials and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses) incurred in connection therewith and
costs of investigation, where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of Agency to monitor compliance with these
requirements imposes no additional obligations on Agency and will in no way act as
a waiver of any rights hereunder. This obligation to indemnify and defend Agency
as set forth herein is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of Agency under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless Agency for liability
attributable to the active negligence of Agency, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of
the liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of Agency.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless Agency and Agency's
agents, officers, officials, employees, representatives, and departments
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, that arise out of, pertain to, or
relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies Agency may have if
Consultant fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, Agency may, at its
sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies Agency may have. The above remedies are not the exclusive remedies
for Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and Agency agree to the following with respect to
insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds Agency, its
officials, employees and agents, using standard ISO endorsement No. CG 2010
with an edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against Agency regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to Agency and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the Agency, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect Agency's
protection without Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to Agency at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, Agency
has the right , but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by Agency shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at Agency option.
S. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to Agency of any cancellation of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to Agency.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to Agency
for review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to Agency, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the Agency. At that time
the Agency shall review options with the Consultant, which may include reduction
or elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The Agency reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Agency will
negotiate additional compensation proportional to the increased benefit to Agency.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of Agency to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on Agency nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
Agency, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until Agency executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to Agency within five
(5) days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
Agency, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
Agency or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to Agency. It is
not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for payment
of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the work performed under this agreement.
Agency assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve Agency.
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 Agency and shall be
delivered to Agency upon termination of this Agreement or upon the earlier request
of the Contract Officer, and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to Agency any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall
indemnify Agency for all damages suffered thereby.
In the event Agency or any person, firm or corporation authorized by Agency
reuses said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, Agency hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
Agency, except as required by law or as authorized by Agency.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, Agency may take such
immediate action as Agency deems warranted. Compliance with the provisions of
this section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit Agency's right to terminate this Agreement without
cause pursuant to Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Consultant sufficient funds to compensate Agency for any losses, costs, liabilities,
or damages it reasonably believes were suffered by Agency due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Agency's consent or approval of any act by Consultant
requiring Agency's consent or approval shall not be deemed to waive or render
unnecessary Agency's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. Agency reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, Agency may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that Agency shall use reasonable
efforts to mitigate such damages), and Agency may withhold any payments to
Consultant for the purpose of setoff or partial payment of the amounts owed
Agency as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 AGENCY OFFICERS AND EMPLOYEES• NONDISCRIMINATION.
8.1 Non -liability of Agency Officers and Employees. No officer or employee
of Agency shall be personally liable to Consultant, or any successor in interest, in
the event or any default or breach by Agency or for any amount which may
become due to Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 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.
To Agency: To Consultant:
LA QUINTA REDEVELOPMENT AGENCY
Attention: Thomas P. Genovese
Executive Director
78-495 Calle Tampico
P.O. Box 1504
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.
LA QUINTA REDEVELOPMENT AGENCY
Thomas P. Genovese, Executive Director Date
ATTEST:
Veronica J. Montecino, CMC, Agency Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
CONSULTANT:
By:
Name:-
Title: -
Date:
Last Revised 1-19-07
Exhibit A
Scope of Services
Last Revised 1-19-07
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed
($ ) except as specified in Section 1.6 - Additional Services of the
Agreement.
Last Revised 1-19-07
Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete services presented within the scope of work contained
within Exhibit "A" in accordance with the attached project schedule.
Last Revised 1-19-07
Exhibit D
Special Requirements
4 XP Quiftrcv
COUNCIL/RDA MEETING DATE: May 1, 2007
ITEM TITLE: Approval of a Request for Proposals
(RFP) to Obtain Lakes & Water Features Design
Services for Phase II SilverRock Resort
Improvements
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: L5
STUDY SESSION:
PUBLIC HEARING:
Authorize staff to distribute a Request for Proposals (RFP) to obtain professional
lakes & water features design services for the Phase II SilverRock Resort
Improvements; and appoint a Consultant Selection Committee.
FISCAL IMPLICATIONS:
The Phase II SilverRock Resort Improvements are included within the draft 2007-
2008 Capital Improvement Program. Project components include: Infrastructure,
Permanent Clubhouse, Second Golf Course, and Entry Feature/Roads. Each of the
above -listed components includes funding for "engineering" as follows:
Project Component
Fiscal Year 2007-2008
Engineering Budget
Infrastructure
$1,989,000
Permanent Clubhouse
$1,404,000
Second Golf Course
$2,106,000
Entry Feature/Roads
$351,000
Total
$5,850,000
The costs for the Lakes & Water Feature design services will be charged
proportionately to the "engineering" category for each of the project components.
BACKGROUND AND OVERVIEW:
The Phase II SilverRock Resort improvements include the installation of: the
"backbone" infrastructure, including on -site streets, three (3) bridges spanning the
Coachella Canal (1 auto and 2 golf cart), water, sewer and dry utilities; the
permanent clubhouse; the second municipal golf course; the entry features, and on -
site landscaping.
The designer shall be responsible for the design of all lakes, streams, waterfalls,
cascades, and related water features for the 18-hole golf course, a secondary
water feature at the clubhouse site, and water features associated with the project
entry locations. The designer shall be responsible for maintaining the "RDA's
Vision" for all aspects of Phase II design and for making recommendations in regard
to the aesthetic character and quality of the various design elements. Additionally,
the designer shall coordinate with the resort development team to ensure that both
the public and private facilities are consistent in design and materials quality.
The RFP to obtain professional lakes & water features design services for the Phase
II SilverRock Resort Improvements has been prepared and is ready for distribution
to qualified consultants. The RFP is attached for the Agency Board's review as
Attachment 1.
The Consultant Selection Process outlined within Resolution 2005-096 will be
followed. Staff recommends the Agency Board appoint a Consultant Selection
Committee consisting of the following members: Doug Evans, Community
Development Director; Edie Hylton, Community Services Director; Steve Howlett,
Golf and Parks Landscape Manager; Nick Nickerson, NAI Consulting; and Rob
Jones, Golf Dimensions.
Contingent upon Agency Board approval of the RFP on May 1, 2007, the
following represents how the project is expected to proceed:
Proposal Due Date May 24, 2007
Interviews with Selection Committee June 1, 2007
Recommendation to the Agency Board June 19, 2007
Start Activities June 20, 2007
RFP Attachments
Several attachments are contained within the RFP, including the lakes & water
features design schedules, a sample Agency Professional Services Agreement, and
an excerpt from the SilverRock Resort Specific Plan.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Authorize staff to distribute a Request for Proposal (RFP) to obtain
professional lakes & water features design services for the Phase II
SilverRock Resort Improvements; and appoint a Consultant Selection
Committee; or
2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain
professional lakes & water features design services for the Phase II
SilverRock Resort Improvements; and do not appoint a Consultant
Selection Committee; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Management Analyst
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Lakes & Water Feature Design Services Request
for Proposals
Attachment 1
La Quinta Redevelopment Agency
Phase II SilverRock Resort
Improvements
Lakes & Water Features Designer
Request for Proposal
May 1, 2007
LA QUINTA REDEVELOPMENT AGENCY
REQUEST FOR PROPOSAL
FOR
SilverRock Resort — PHASE II
LAKES AND WATER FEATURES DESIGN SERVICES
GENERAL1NFORAL4
The La Quinta Redevelopment Agency (RDA) is requesting proposals from Professional Lake / Water
Features Design firms to provide schematic design, design development, and to prepare full construction
plans, specifications, schedules and cost estimates for various Phase II SilverRock Resort Water Feature
improvements. The Phase II improvements include the installation of: the "backbone" infrastructure; on -
site street improvements; vehicular, pedestrian, and golf cart bridges and undercrossings; the permanent
clubhouse; an 18 hole golf course; primary and secondary entry features; a passive park; and project
support facilities.
The designer shall be responsible for the design of all lakes, streams, waterfalls, cascades, and related
water features for the 18 hole golf course, a secondary water feature at the clubhouse site, and water
features associated with the project entry locations. The designer shall be responsible for maintaining the
"RDA's Vision" for all aspects of Phase II design and for making recommendations in regard to the
aesthetic character and quality of the various design elements. Additionally, the designer shall coordinate
with the resort hotel(s) development team to ensure that both the public and private facilities are consistent
in design, materials quality and to protect the existing uses and water features during the construction of
the proposed improvements.
PROJECTBACKGROUND
In July 2002, the RDA purchased 525 acres that was once the Ahmanson family ranch. Now known as
SilverRock Resort, the RDA's goal is to develop a premier golf -oriented resort community that
encompasses two 18-hole golf courses, resort and boutique hotels, passive recreation and resort oriented
commercial uses.
GMA International completed the Conceptual Master Plan and Development Program for this property,
which was approved by the Redevelopment Agency Board on May 6, 2003. The Master Plan includes a
preliminary routing plan for both golf courses, entry roads, and identifies future community/Golf
Clubhouse, hotel and commercial sites. The master plan also includes a Phasing Plan (Refer to Exhibit
`C'—Project Phasing Plan). Actual parcel configurations indicated on this exhibit are subject to change or
modification by the RDA.
A Specific Plan and environmental approvals have been secured to develop the following uses on
SilverRock Resort: a 225-room boutique hotel with a 10,000 square foot conference center; 450 room
resort hotel ; two 18-hole public golf courses with a driving range; a 35,000 square foot clubhouse; a
passive park; and 81,000 square feet of ancillary tourist commercial uses. Additional approved uses entail
passive open space, trails, and view corridors.
Phase I development including the mass grading of the overall site, the first golf course, perimeter
streetscapes, temporary clubhouse, permanent maintenance facility, entry features and related infrastructure
are currently complete and operational.
PROJECTLOCATION
The SilverRock Resort is located in the City of La Quinta, California, southwest of the intersection of
Avenue 52 and Jefferson Street. Avenue 52 borders the entire northern edge of the site, with Jefferson
Street being the eastern project boundary. The project site is directly adjacent to the private golf
communities of the Citrus (north of Avenue 52); The Hideaway (east of Jefferson Street); The Traditions
(West of the Project site); and PGA West (directly south of Avenue 54). The southwest portion of the site
is situated at the base of the Coral Reef Mountains. (Refer to Exhibit `A', Regional Location Map; Exhibit
`B', Project Location Map; and Exhibit `C', Project Phasing Plan.)
PROJECT DESCRIPTION
The RDA's goal is to develop premiere hospitality and golf venues that become must -see destinations in
the Coachella Valley. The final development will be crafted as if it had evolved over time by melding the
rich hues of the desert and strong architectural elements inspired by the site with rusticated materials.
The RDA has discussed the proposed architectural style as one that captures a sense of lightness and beauty
that's found in styles similar to a California Colonial or other southwest Spanish look or theme, keeping
with the charm and character of the City of La Quinta.
The RDA approved a Master Plan for the project in May 2003. The Master Plan and Specific Plan sets
forth a preferred site development program and plan that will guide the precise planning processes. GMA
International has been managing this activity and prepared the master plan and associated documents.
Their work will be available to the selected organization.
Additional information may be found at the project website: www.silverrock.org
PROPOSAL INFORMATION
As the Project Manager of the RDA's SilverRock Resort, Phase II, Golf Dimensions is managing and
coordinating the Request for Proposal process for the procurement of the Lakes and Water Features
Designer for the preparation of the schematic, design development, and construction plans and
specifications. Golf Dimensions may be contacted at:
GOLF DIMENSIONS
3 Park Plaza, Suite 1490
Irvine, CA 92614
Attn.: Robert E. Jones, ASLA
PH: (949) 476-2246
FX: (949) 476-8520
Email: Bones@projectdimensions.com
The RDA wants to insure sufficient information exchange prior to proposal preparation to minimize wasted
effort by interested firms during the proposal preparation. As such, the RDA encourages open
communication. Questions and inquiries regarding the Request for Proposal should be submitted in writing
to Golf Dimensions at the above address, via facsimile or email. Golf Dimensions will respond promptly
either in writing or verbally upon receipt of the inquiry. The RDA reserves the right to distribute questions
and responses to all firms in receipt of the Request for Proposal.
FORMAT FOR RFP RESPONSES
Firms submittal proposals are encouraged to keep their proposal brief (not to exceed 25 pages) and relevant
to the specific services requested.
Both a "Work Proposal" and a "Cost Proposal" shall be submitted in separate envelopes. Firms
submitting proposals are required to adhere to the following format in their proposals.
1) WORK PROPOSAL
A) COVER LETTER
i) The name, address and phone number of the contact person for the remainder of the selection
process.
ii) General company information including location of company headquarters and any branch
offices, number of years in business, company organization, staff size and types.
iii) Any qualifying statements or comments regarding the proposal and relevant to the information
provided in the RFP or the proposed contract.
iv) Statement regarding what makes the proposer unique to other proposers and why the proposer
should be selected.
v) Description of staffing configuration to be utilized on the project, along with resumes and of
proposed key personnel.
vi) If any subcontractors are to be used in the performance of this project, they must be identified,
with a description of the work for which they will be responsible, a company
profilelbackground and resumes of the key personnel who will be participating on the project.
B) PROJECT UNDERSTANDING AND APPROACH
i) A narrative that details your understanding of the project and how the organization will
approach the requested services.
C) RELEVANT EXPERIENCE
i) Relevant experience of the fine on projects similar in scope and magnitude. Experience
working on Golf Resort projects, preferably in the Coachella Valley and southwest desert
environment.
ii) Relevant experience of the staff members who will be assigned to the project, including
resumes, and experience working on projects similar scope and magnitude.
iii) A description of the firm's current workload with a discussion of how this project would be
incorporated into the firm's work schedule.
iv) A minimum of three (3) client references on recent projects of similar scope and nature,
preferably in California desert environments. Briefly describe the duration and nature of the
contract, the scope of work, for whom the work was performed and the name of an individual
contact directly involved in the management of the contract, contact phone number and
address.
D) SCOPE OF SERVICES
i) A description of the tasks, sub tasks, and specific deliverables that will be provided.
E) INSURANCE
i) Limits of General Liability and Professional Liability Insurance per the requirement and terms
of the Professional Services Agreement (PSA), section 5.0, insurance, indemnification and bonds.
F) AFFIRMATIVE ACTION
i) Statement on firm's policies in regard to affirmative action.
G) EXCEPTIONS OF ADDITIONS TO THE AGENCY'S REQUEST FOR PROPOSAL
i) A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's
Proposal.
ii) A statement that this RFP and the Consultant's Proposal will jointly become part of the
"Agreement for Professional Consultant Services" for this project when said Agreement is
fully executed by the Consultant and the Chairman or Executive Director of the La Quinta
Redevelopment Agency.
iii) A statement that the Professional Services to be provided, and fees therefore, will be in
accordance with the Agency's RFP, except as otherwise specified.
2) COST PROPOSAL
A) COST PROPOSAL
i) A detailed cost proposal for all services and materials is required including the direct and
indirect rates (with overhead) and percent of profit anticipated in completing the services as
outlined in this RFP.
ii) Rate/fee structure and desired schedule of compensation in relation to task completion schedule.
Fees are to be broken down by phase of work as described within the Scope of Work, and shall
include a not -to -exceed budget for reimbursable expenses.
iii) Current hourly rate sheet.
iv) Man hours and extended billing rates per classification of personnel shall be indicated for each
defined task.
RIGHT OF REFUSAL
This request is for professional services. The RDA reserves the right to refuse any or all proposals without
cause. Proposals will be considered only in their entirety. The RDA also reserves the right to reject all
proposals if they are deemed unsuitable to meet the RDA's needs. Late or incomplete proposals will not be
considered, and the RDA reserves the right to determine the completeness of all requests for proposals.
The successful firm must execute the Professional Services Agreement (PSA) prior to the RDA
consideration of the contract. Failure to do so shall be cause for the RDA to terminate contract
considerations.
4
COST OF PROPOSAL PREPARATION
The interested firm(s) is responsible for any costs incurred by them or their subcontractors, in responding
to the Request for Proposal.
OTHER REQUIREMENTS
The RDA reserves the right to negotiate the specific requirements and costs using the selected proposal as a
basis for negotiations.
SITE REVIEW
Proposers interested in touring the site prior to submitting their proposal must contact Golf Dimensions by
Friday, May 11, 2007.
RELATED DESIGN SCOPES
Management of the design and construction process for SilverRock Phase II will be handled on a day-to-
day basis by Golf Dimensions, hereinafter known as the "Project's Manager." The Designer will perform
the scope of services as described on the following pages in conjunction with a design consultant team
under the management of the Project Manager. Golf Dimensions, working under the direction of the RDA,
will function as the central point of contact for the consultant team and will be responsible for the
coordination and management of the project. Therefore, all communications, correspondence, distribution
of plans, etc. will commence solely through Golf Dimensions.
other design team members and their associated project responsibilities which Golf Dimensions or the
RDA will secure for the project will consist of the following:
1. Golf Course Architect -responsible for developing the plans and specifications for the
golf course. The Golf Course Architect will be primarily responsible for developing the
golf course routing and the overall landscape concept. The Golf Course Architect will
coordinate with the Landscape Architect to ensure that the landscape concept is carried out
within the landscape plans and specifications. The Golf Course Irrigation Designer will be
responsible for the golf course irrigation plans with the exception of any ornamental
landscape or native areas which will be the responsibility of the Landscape Architect.
2. Clubhouse Architect - responsible for developing the design plans and specifications,
along with providing construction monitoring for the clubhouse.
3. Civil Engineer _ responsible for providing the necessary civil design plans and
specifications, including the review, analysis, and registered civil -stamped approval of the
construction documents for the golf course grading and drainage design as provided by the
Golf Course Architect. Preparation of the grading and drainage plans for the facilities that
incorporate the review of other grading and drainage concepts in areas of ornamental
landscape and revegetation by the Landscape Architect, and preparation of the erosion
control plan to be utilized throughout the project during construction. (Note: the Golf
Course Architect will incorporate the Civil Engineer's design recommendations for
grading and drainage within the golf course envelope as agreed upon between the Golf
Course Architect and the Civil Engineer)
5
4. Landscape Architect responsible for the design of all landscape, irrigation, landscape
lighting, walls, fencing, gates, site furnishings, flatwork and related hardscape
improvements for the on -site streetscapes, right-of-way areas, permanent clubhouse, golf
course landscape areas, passive park, common areas, CV WD well sites (3), resort interface
areas and project entry areas. The landscape architect shall be responsible for maintaining
the "RDA's Vision" for all aspects of Phase II design and for making recommendations in
regard to the aesthetic character and quality of the various design elements, i.e., plant
palette, building materials, site furnishings, design features, water features, signage,
common landscape areas and areas of interface with the private hotel / resort
developments.
5. Additional Design Consultants — Additional team members associated with the project
contracted with the RDA or their Consultants include:
• Electrical Engineer
• Soils Engineer
• Agronomist
• Structural Engineer
• Irrigation Designer (non -golf)
SCOPE OF WORK
The following tasks shall be performed by the Lakes and Water Features Designer in the preparation of the
design and construction plans and specifications for the Phase II Lakes and Water Features for the golf
course, permanent clubhouse and entry areas. (Refer to exhibit `D' Phase II Components.)
1.0 Schematic Design Phase
The following identifies the scope of work associated with the development of the schematic
design plans and specifications for the proposed Lakes and Water Features improvements. In
addition to the scope of work described below, the designer will be available to respond to all
reasonable requests by the Project Manager, on behalf of the RDA for meetings and
correspondence.
1.1 Existing Project Documentation Review
1.1.1 The Designer shall review existing project information and analyze it to determine
issues, problems, findings and problem resolutions that could be relevant to the
project design and construction. Existing documents available for review include:
• Phase I Plans & Construction Documents
• Current Phase II Plans and Construction Documents
Engineering Base Information
Site Topography Map / Aerial Survey
• Completed Phase I Installations (on -site review)
1.1.2 Review the conceptual lake system plans as proposed and provide preliminary water
feature design guidelines for coordination.
1.1.3 Review information relative to water sources for each of the lake systems to offset
evaporation. Prepare recommendations addressing these issues and their impacts on
the overall system design.
1.1.4 Review the proposed lakes and water features for the purpose of estimating
evaporative losses. Include user -adjustable parameters so other team members can
run scenarios for estimating evaporative losses in each of the separate lakes and
water features, or for all lakes and water features as a total.
1.1.5 Provide any suggestions that may create a more economical solution to the water
feature systems while providing the same appearance and performance as original
design intent.
1.1.6 Review hydrology study to determine retention capacities for storm water runoff.
1.2 Project Coordination
The Designer will initiate the project by meeting with the RDA's SilverRock Technical
Team (The Committee), the Project Manager, staff and other design team members to
review all Concept and Development Plans, and other available information and to discuss
the following:
• Information that may be available from the RDA, including base maps, conceptual
design considerations, etc.
• Existing development and construction documents currently prepared for Phase 1I.
• Requirements of other design team members directly related to the Designers product.
• Project budget.
• Project schedule
1.3 Site Review
The Consultant shall attend a site review meeting with the Project Manager and other
design team members to review existing Phase I conditions, visit and analyze the proposed
project site.
1.4 Conservation Requirements
The consultant shall prepare a water and energy conservation program addressing water
and energy conservation principles and other features to reduce consumption of resources
as part of the design and operations.
1.5 Schematic Plans
The Consultant shall prepare Schematic Plans, including conceptual design identifying the
following, to include:
1.5.1 Lake System design criteria and how the lakes may be developed into the most
pleasing aesthetic amenities possible for the project.
1.5.2 Make recommendations for adjustments in width and alignment of the lakes and
streams in key areas where their maintenance and other factors suggest it.
1.5.3 Make recommendations relative to lake edge treatments, rockwork, boulder walls,
etc. Perform preliminary engineering of these amenities based on information and
decisions made by the design team as a whole and within the constraints of the
project budget.
1.5.4 Anticipated mitigation measures and other project site constraints related to the
lakes and streams and the requirement to pass storm water through them (if
required). This work includes sensitively designed hydraulic connections where
storm water enters the lakes and where it exits.
1.5.5 Requirements of other team members directly related to the lake system. Most
importantly, the site hydrologic requirements and constraints.
1.5.6 Project budgets and schedules.
2.0 Design Development Phase
After approval by the RDA of the Schematic Design, the Consultant shall prepare Design
Development Plans which will refine the design character of the project and identify specific
materials and construction methods to be used. The plans will delineate all site construction
elements, and will be developed in typical construction document format on 30" x 42 sheets, and
as further defined by the RDA prior to initiation.
2.1 Basesheets
The Consultant shall prepare basesheets based upon the Golf Course Architect or project
Civil Engineer -provided horizontal control base information, in standard working drawing
format as required by the RDA as described below for the:
3.1.1 Golf Course
3.1.2 Clubhouse
3.1.3 Project Entries
2.2 Design Development Plans
The Consultant shall prepare Design Development Plans and details as needed for all
components of Phase Il, identifying all materials, finishes, sizes, quantities, colors, etc.
2.2.1 Develop design requirements for lake edges, seepage control lining, depths,
widths, water quality control needs, storm overflow and other pertinent lake
design criteria.
2.2.2 Provide preliminary details for lake related structures such as shoreline treatments,
equipment vaults, pump, intakes, discharges, aeration systems and related
mechanical and electrical equipment.
2.2.3 Provide large size presentation type plan views and details of preliminary layout
plans for review by team members as appropriate.
2.2.4 Coordinate with the turf grass irrigation designer for any pumping or mechanical
criteria that may affect the irrigation pump station design. The intent is to utilize
the lake systems as irrigation reservoirs and to pump water out of the lakes to
irrigate common area landscape.
2.2.5 Base design information in computer format for use in creating the overall project
base sheets. To include the layout of the lakes and any required ancillary
equipment locations adjacent to the water feature systems.
2.2.6 Preliminary design of a lake aeration -type water treatment system for each lake to
include diffusers, compressors, enclosures, etc.
2.2.7 Preliminary design of various lake edge treatments based on information
developed during this phase of the work. Shore treatments will be presented as
preliminary detail sections for review by the design team.
2.2.8 Preliminary design of the lake basin lining system including sealing to all
structures and amenities below freeboard elevations.
2.2.9 Detailed information based on this preliminary design, for electrical services
requirements and equipment locations to aid the design team in the development
of the overall project power requirements.
2.2.10 Prepare a preliminary estimate of probably cost of construction of the water
feature system at the completion of Design Development Phase of work.
2.2.11 Attend (3) three meetings during the design development phase of work. The first
meeting will provide general information and coordination with a goal towards a
complete understanding of all issues related to the lake system design by all team
members. Other meetings will be held to present general recommendations
relative to the lake system design and to present the first preliminary estimate of
probable costs of construction for the lakes and water features. ^
3.0 Construction Document Phase
After approval by the RDA of the Design Development Plans, the Consultant shall prepare
Construction Document Plans in sufficient form and detail to facilitate construction
implementation of the proposed improvements.
3.1 Basesheets
Update basesheet information based upon the project Civil Engineer, Architect and Golf
Course Architect provided information.
3.2 Perform finalized lake system hydraulic calculations as required to establish aeration and
re -circulation system (pump and pipe) size requirements. This work includes mechanical
lake system pumping components located in concealed subterranean vaults or to be
included with the irrigation equipment, which contain the lake water re -circulation pumps
and aeration equipment and other components necessary to provide appropriate lake water
turnover rates and lake water re -circulation. A set of formal hydraulic calculations for the
lake water re -circulation systems shall be prepared in a format acceptable to local
approving agencies and shall be sealed by a Registered Civil Engineer licensed in the State
of California.
3.3 Prepare structural calculations for any cast -in -place concrete or masonry structures
included in this scope of work. These calculations will be prepared in a format acceptable
to local approving agencies and will be sealed by a Registered Civil Engineer licensed in
the State of California.
3.4 Prepare bid sheets for all lake system components and those design items covered in this
scope of work for use in bidding the lake work to qualified lake contractors. This bid sheet
will be presented as a single spreadsheet (Microsoft Excel format) for each lake and water
feature system indicating the requirements for the bidding lake contractor to provide unit
prices and totals.
3.5 Prepare final lake system construction drawings, which clearly denote all items, covered in
this scope of work to level suitable for approval by governing agencies and for
construction of these amenities. These drawings will include a plan view of each of the
lake and water feature systems, drawn at a scale of approximately 1"=30", showing limits
of the proposed lake liner, shoreline treatments, rockwork, lake grading, pipe runs, pump
and aeration stations, etc. Additionally, detail sheets will be prepared which clearly
delineate the following lake elements and amenities:
• Lake system liner
• Earth Cover and / or Concrete Veneer over the Liner where
appropriate
• Typical shoreline treatments
• Special shoreline treatments as developed during the Design
Development phase of work
• Aeration and Re -circulation Station Vaults including equipment
10
• Aeration and Re -circulation system piping and tie-ins to site drainage
• Liner sealing details to all structures below freeboard elevations
• Pond hydrostatic relief valves (if required)
• Tie-ins to existing storm pipelines (if required)
3.6 Be available for up to four (4) meetings at project manager's offices, the RDA, or for city
presentations.
3.7 Provide updated budget projections to verify that the proposed design is commensurate
with the RDA's construction budget. This construction cost estimate will update that
estimate prepared during the design development phase. This estimate will also be
prepared in a spreadsheet format, to include any and all items covered in the lake system
Scope of Work and will be prepared in the same format as the lake system bid sheets to
allow for easy comparison to bids at the time of contractor selection.
4.0 Construction Cost Estimates
Consultant shall prepare an Opinion of Probable Construction Costs based upon the improvements
designed. Opinion of probable construction costs will be provided at the completion of the
Schematic Design Phase, the Design Development Phase, and at 50% and 100% completion of the
Construction Document Phase. Estimates will include unit costs and quantities by major or
construction item, as well as contingency and soft cost estimates, i.e., construction management,
inspections and testing.
5.0 Construction Specifications
Consultant will provide construction specifications for the improvements described above in CSI
Master Format. Construction specifications will be provided at the completion of the Schematic
Design Phase (in outline format only), Design Development Phase, and at 50% and 100%
completion of the Construction Document Phase. Specifications will be compiled by the Project
Manager into a cohesive set, appropriate for public bidding, and in compliance with the state
standard specifications.
6.0 Value En¢ineerina
The Consultant will provide value engineering services directly related to their scope of work, and
in conjunction with the other design team consultants. The Consultant will evaluate and
incorporate where agreed as applicable, value engineering provided by other design consultants.
The Consultant will be available to meet up to three (3) times during the design process, separate
from the regular design progress meetings, for the specific purpose of discussing value engineering
issues for the project.
7.0 Team Interface
The Consultant will interface with other design team consultants through the Project Manager by
incorporating other consultants design plan concepts as they relate to the landscape architectural
plans and specifications.
11
The Consultant will provide progress plan drawings as deemed necessary during team meetings to
the Project Manager as well as the necessary design team consultants in order to communicate
design progress and design changes that impact the other design team consultants' work. Changes
from the most recent progress plan set submittal will be indicated by the Consultant by means of
highlighting or clouding.
The Consultant will be responsible for providing review and comment on other design team
consultant plans (i.e., Golf Course Architect, Civil Engineer, Facility Architect, private hotel
design team, etc.) for consistency with the Lakes & Water Features Plans, adherence to project
theming and for purposes of value engineering.
The consultant shall coordinate with the private resort hotel(s) developer(s) to ensure that all
existing uses and water features are not damaged or modified by their work.
8.0 Bidding Support
The Consultant shall provide assistance during the bidding of the project to include the following:
Review and add comments(s) to bid alternates as developed by the Project Manager.
• Attendance at Pre -Bid Meetings to be held on site.
Provide assistance to respond to Contractor submitted Requests for Information pertaining
directly to the Lakes & Water Features Design scope of work in the form of written
clarifications or revisions to plans and specifications as appropriate.
Provide assistance for review of Contractor bids.
Note: The RDA may bid various multiple subcontractor bid packages or related work requiring
coordination by the Designer.
9.0 Construction Process
Throughout the construction of the Phase Ii Components, the Consultant will provide construction
support, including field and office services to include the following.
9.1 Pre -Construction Kickoff Meeting
Attend pre -construction kick-off meetings at the job site with the Contractor, and the
Project Manager to review the site conditions and to discuss key construction processes
relating to the Landscape Architectural scope of work.
9.2 Submittal Review
Review pertinent submittals for the Lakes & Water Features improvements within the
construction documents and provide approvals, rejections or requests for additional
information as required.
12
9.3 Material Review
Review quality of materials as delivered to the site and provide approvals, rejections or
requests for additional material as required.
9.4 Request for Information Response
Provide responses to Contractor and Project Manager issued Requests for Information in
regards to clarification for Lakes & Water Feautres improvements, and provide design
clarification or redesign if necessary.
9.5 Construction Observation
The Consultant will attend weekly coordination meetings at the job site, provide
observation services during the construction process and will provide input and
recommendations as necessary based upon site visits to review construction progress on
the Lakes & Water Features improvements.
9.6 Project Close -Out
At the completion of the construction process, coordinate with the Project Manager for
preparation of a punch list which delineates the remaining Contractor responsibilities in
order to complete the project to the satisfaction of the Contractor's contract.
9.7 Post -Construction Evaluation and Inspection
The Consultant will participate in post -construction job walks prior to the expiration of the
Contractor's maintenance period one year guarantee period.
10.0 As -Built Documentation Preparation
The Consultant shall prepare Record Drawings (as-builts) of the Lakes & Water Features
improvements at the completion of the project. The Record Drawings will be prepared based upon
the field documentation developed by the Project Manager and project sub -contractors
throughout the construction process. Record Drawings will be provided in computer format as well
as one (1) reproducible set.
11.0 Meetings, Presentations and Site Visits
11.1 Design Process
The design process is anticipated to occur over an approximate twelve (12) month period,
during which the design team will meet regularly to review design progress, and
periodically to discuss value engineering issues as well as the project budget and schedule.
The Consultant should anticipate up to two (2) meetings per month to be held at the RDA.
13
11.2 Design Presentations
The Consultant shall participate in presentations of the project milestones:
• Mid -schematic design
• Schematic design approval
• Mid -design development
• Design development approval
• Construction document approval
At mid -schematic design, there may be more than one, but no more than three presentation
reviews. Presentations will require preparation of presentation materials such as exhibit
boards, overhead presentations, PowerPoint presentations, or other methods of
communication sufficient to clearly articulate the project concept, various features of the
project and design emphasis, and other information to ensure consistency with the goals
and objectives for the project.
11.3 Construction Process
During the construction of the Phase II Components, the Consultant will attend site
meetings and make site reviews as necessary to review the work progress.
The construction process is anticipated to occur over an approximate twelve (12) month
period.
11.4 Post Construction Process
The Consultant will provide a post construction site visit as described herein.
SUBMITTAL PROCEDURES
Both a WORK PROPOSAL and a COST PROPOSAL as described herein are to be submitted in
SEPARATE ENVELOPES, clearly marked with the consultant's name, address and phone number.
Work Proposals are to be submitted in the envelope marked "Work Proposal" and Cost Proposals are to
be submitted in the envelope marked "Cost Proposal."
Ten (10) proposal packages (Work Proposal Envelope & Cost Proposal Envelope) are due by 1:00 p.m.,
Thursday, May 24, 2007, and delivered to:
Debbie Powell, Management Analyst
La Quinta Redevelopment Agency
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92253
Questions and inquiries regarding the Request for Proposal should be submitted in writing to Golf
Dimensions, via facsimile or email. Golf Dimensions will respond promptly either in writing or verbally
upon receipt of the inquiry. All questions and inquiries must be received by Golf Dimensions, prior to
5:00 p.m., Tuesday, May 22, 2007, in order for a response to be provided. 14
SELECTION PROCESS
The RDA's Selection Committee will review and rank the Work Proposals submitted. The committee
will select the consultants for interviews based upon the materials submitted in the work proposal and the
ranking following the review process. The committee will interview selected firms and re -rank the firms
following the interview process. Only after the ranking process is complete will the Cost Proposal be
opened.
The committee will negotiate a contract with the top ranked firm that will then be considered for approval
by the La Quinta Redevelopment Agency Board.
The successful firm will be expected to enter into the attached Professional Services Agreement (PSA).
(Refer to sample Professional Service Agreement, attached)
SELECTION SCHEDULE
The tentative Project schedule is as follows:
Issue Request for Proposals
May 3, 2007
Proposal Due
May 24, 2007
Oral Interviews
June 1, 2007
Agency Board Consideration
June 19, 2007
Start Activities
June 20, 2007
This solicitation does not commit the La Quinta Redevelopment Agency to award a contract, to pay any
cost incurred with the preparation of a proposal, or to procure or contract for services or supplies. The La
Quinta Redevelopment Agency reserves the right to accept or reject any or all proposals received in
response to this request, to negotiate with any qualified source, or cancel in whole or part this proposal
process if it is in the best interest of the Agency to do so. Subsequent to contract negotiations, prospective
consultants may be required to submit revisions to their proposals. All proposers should note that any
contract pursuant to this solicitation is dependent upon the recommendation of the Agency staff and the
approval of the Agency Board.
ATTACHMENTS
The following exhibits and documents are attached for reference purposes, as referred to herein:
1. Exhibit `A'
Regional Location Map
2. Exhibit V
Project Location Map
3. Exhibit `C'
Project Phasing Plan
4. Exhibit `D'
Phase II Components
5. Exhibit `E'
Project Schedule
6. Professional
Services Agreement (Sample Contract)
15
SilverRock Resort — Phase II
Lakes & Water Features Design Services
Exhibit `A'
Regional Location Map
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Lakes & Water Features Design Services
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Lakes & Water Features Design Services
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Phase II Components
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Last Revised 1-19-07
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the LA QUINTA REDEVELOPMENT AGENCY
("Agency"), and ("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
, Project No. , as specified in the Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference (the
"services" or "work"). Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the Agency 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 Agency, Consultant shall
immediately inform Agency of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer
(as defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by Agency, except such losses
or damages as may be caused by Agency's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to Agency, when
such inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to Agency that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the Agency Board.
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
Dollars ($) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to Agency no later than the tenth (10th)
working day of such month, in the form approved by Agency's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. Agency will pay
Consultant for all expenses stated thereon which are approved by Agency pursuant
to this Agreement no later than thirty (30) days after invoices are received by the
Agency'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 Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be
extended because of any delays due to unforeseeable causes beyond the control
and without the fault or negligence of Consultant, including, but not restricted to,
acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than Agency, and unusually severe weather, if Consultant shall within ten
(10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts
and the extent of delay, and extend the time for performing the services for the
period of the forced delay when and if in his or her judgment such delay is justified,
and the Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
3.4 Term. The term of this agreement shall commence on ,
200 and terminate on , — 200_(initial term). This agreement may
be extended for additional year(s) upon mutual agreement by both parties
(extended 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. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for
Agency to enter into this Agreement. Therefore, the foregoing principals shall be
responsible during the term of this Agreement for directing all activities of
Consultant and devoting sufficient time to personally supervise the services
hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be
or such other person as may be designated by the Agency's Executive Director. It
shall be Consultant's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Consultant shall
refer any decisions, which must be made by Agency to the Contract Officer.
Unless otherwise specified herein, any approval of Agency required hereunder shall
mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for Agency to enter into this Agreement. Except as
set forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of Agency. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without
the prior written approval of Agency.
4.4 Independent Contractor. Neither Agency nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents
or employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of Agency and shall remain at all times as to Agency a wholly independent
contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency.
4.5 Agency Cooperation. Agency shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither Agency nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming
Agency and its officers and employees as additional insured shall be delivered to
and approved by Agency prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
Agency nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to Agency of proposed cancellation. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of Consultant's obligation to indemnify Agency, its officers, employees,
contractors, subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless Agency and any and all of its officials, employees and agents
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are cause in
whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or subconsultants (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements,
the Consultant shall not be liable for any injuries or property damage resulting from
the reuse of the design at a location other than that specified in Exhibit C without
the written consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless Agency, and any and all
of its employees, officials and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses) incurred in connection therewith and
costs of investigation, where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of Agency to monitor compliance with these
requirements imposes no additional obligations on Agency and will in no way act as
a waiver of any rights hereunder. This obligation to indemnify and defend Agency
as set forth herein is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of Agency under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless Agency for liability
attributable to the active negligence of Agency, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of
the liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of Agency.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless Agency and Agency's
agents, officers, officials, employees, representatives, and departments
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, that arise out of, pertain to, or
relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.'
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies Agency may have if
Consultant fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, Agency may, at its
sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies Agency may have. The above remedies are not the exclusive remedies
for Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and Agency agree to the following with respect to
insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds Agency, its
officials, employees and agents, using standard ISO endorsement No. CG 2010
with an edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against Agency regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to Agency and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the Agency, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect Agency's
protection without Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to Agency at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, Agency
has the right , but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by Agency shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at Agency option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to Agency of any cancellation of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to Agency.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to Agency
for review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to Agency, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the Agency. At that time
the Agency shall review options with the Consultant, which may include reduction
or elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The Agency reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Agency will
negotiate additional compensation proportional to the increased benefit to Agency.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of Agency to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on Agency nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
Agency, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until Agency executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to Agency within five
(5) days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
Agency, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
Agency or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to Agency. It is
not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for payment
of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the work performed under this agreement.
Agency assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve Agency.
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 Agency and shall be
delivered to Agency upon termination of this Agreement or upon the earlier request
of the Contract Officer, and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to Agency any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall
indemnify Agency for all damages suffered thereby.
In the event Agency or any person, firm or corporation authorized by Agency
reuses said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, Agency hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
Agency, except as required by law or as authorized by Agency.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, Agency may take such
immediate action as Agency deems warranted. Compliance with the provisions of
this section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit Agency's right to terminate this Agreement without
cause pursuant to Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Consultant sufficient funds to compensate Agency for any losses, costs, liabilities,
or damages it reasonably believes were suffered by Agency due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Agency's consent or approval of any act by Consultant
requiring Agency's consent or approval shall not be deemed to waive or render
unnecessary Agency's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. Agency reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, Agency may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that Agency shall use reasonable
efforts to mitigate such damages), and Agency may withhold any payments to
Consultant for the purpose of setoff or partial payment of the amounts owed
Agency as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 AGENCY OFFICERS AND EMPLOYEES• NONDISCRIMINATION.
8.1 Non -liability of Agency Officers and Employees. No officer or employee
of Agency shall be personally liable to Consultant, or any successor in interest, in
the event or any default or breach by Agency or for any amount which may
become due to Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 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.
To Agency: To Consultant:
LA QUINTA REDEVELOPMENT AGENCY
Attention: Thomas P. Genovese
Executive Director
78-495 Calle Tampico
P.O. Box 1504
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.
LA QUINTA REDEVELOPMENT AGENCY
Thomas P. Genovese, Executive Director Date
ATTEST:
Veronica J. Montecino, CMC, Agency Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
CONSULTANT:
A-
N
Date:
Last Revised 1-19-07
Exhibit A
Scope of Services
Last Revised 1-19-07
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed
($ 1 except as specified in Section 1.6 - Additional Services of the
Agreement.
Last Revised 1-19-07
Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete services presented within the scope of work contained
within Exhibit "A" in accordance with the attached project schedule.
Last Revised 1-19-07
Exhibit D
Special Requirements
c&t�v44P Qum&
COUNCIL/RDA MEETING DATE: May 1, 2007
ITEM TITLE: Approval of Additional Funding for
SilverRock Resort PM10 Services
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve additional funding in the amount of $70,000 for PM10 services at SilverRock
Resort.
FISCAL IMPLICATIONS:
Currently there is $7,978 available in PM10 Account No. 405-9001-702.32.15. Staff
requests an additional $70,000 to continue PM10 services through Fiscal Year
2006/2007 from RDA PA 1 Capital Projects 405-0000-290.00-00 available reserves.
BACKGROUND AND OVERVIEW:
SilverRock Resort consists of 525 acres in which approximately 290 acres of the
property remain undeveloped. From the beginning of construction, PM10 measures
have been in place for dust control and Air Quality Management District (AQMD)
compliance by various contractors working on the project. Once the golf course
construction was completed, the Agency has been responsible for overall dust control
of the project.
On April 19, 2005, the City Council ratified a purchase order with DISC Construction
Services in an amount not to exceed $243,214 to provide soil stabilization and water
truck services for the undeveloped property.
In the 2005/2006 Redevelopment Agency Budget, $500,000 was approved for PM10
services at SilverRock.
On August 2, 2005, the City Council approved an additional six months of service
with DISC Construction Services not to exceed $1 15,920. At that time, the Agency
asked staff to investigate PM10 control alternatives. Staff reviewed different dust
control strategies with other golf course operators and developers in an effort to
provide a more permanent and cost-effective dust control measure for the undeveloped
portions of SilverRock Resort.
On September 6, 2005, City Council approved the SilverRock Resort Soil
Stabilization, Project No. 2002-07M to include a combination of barley, water truck
service, and chemical stabilization. The total cost was estimated to be $291,000 for
the first year. The costs for the following years were expected to be reduced because
the dormant barley would continue to provide stabilization through the root system by
remaining bound to the soil. This option gave the greatest flexibility for future
development of SilverRock Resort while providing cost effective dust control to the
site. This project was completed and accepted on September 19, 2006.
In the 2006/2007 Redevelopment Agency Budget, $175,000 was carried over from
remaining funds in the 2005/2006 PM10 Services at SilverRock. These funds were
largely used to stabilize the site in late summer and early fall of 2006. Under optimal
conditions, chemical stabilization lasts approximately six months.
On February 20, 2007, City Council approved a mid -year adjustment in the amount of
$118,200 for continued PM10 services through Fiscal Year 2006/2007. Due to
multiple high wind events and the property needing to be resealed immediately, those
funds have been reduced to $7,978.
Staff requests to continue PM10 services with DISC Construction Services and
approve an additional $70,000 in PM10 Account No. 405-9001-702.32.15. This
amount will also include the rental of message boards to be placed on Jefferson Street
to warn drivers of high winds and possible dust. Also included in this budget is
stabilizing the 30 acre undeveloped corner of Avenue 52 and Jefferson Street as well
as the location of the future second golf course. This will provide additional PM10
control for Jefferson Street traffic and the developments to the east. Staff will
consider bidding this contract in Fiscal Year 2007/2008, if other qualified bidders can
be identified for this work.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve additional funding in the amount of $70,000 for PM10 services at
SilverRock Resort; or
2. Do not approve additional funding in the amount of $70,000 for PM10 services
at SilverRock Resort; or
3. Provide staff with alternative direction.
Respectfully submitted,
4ubl
thy R. Jo sso Ec Works irec City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
Tait 4 4 Quib(rcu
COUNCIL/RDA MEETING DATE: May 1, 2007
ITEM TITLE: Approval of a Resolution Adopting the
Fiscal Year 2007/2008 Through 201 1 /2012 Capital
Improvement Program and Making Certain Findings
Pursuant to Health and Safety Code Section 33445(a)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution approving the Fiscal Year 2007/2008 through 201 1 /2012 Capital
Improvement Program (CIP) and making certain findings pursuant to Health and Safety
Code Section 33445(a).
FISCAL IMPLICATIONS:
Adoption of the Resolution will approve the projects identified in the Fiscal Year
2007/2008 through 201 1 /2012 CIP and make the necessary findings pursuant to the
Health and Safety Code for use of Redevelopment Agency (RDA) Project Area No. 1
and Project Area No. 2 funds. Allocation of funds for these projects will not be
approved until the City Council approves the Fiscal Year 2007/2008 annual operating
budget.
The first year of the five-year forecast, or capital budget, will be included in the City's
annual operating budget. When the City Council approves the annual operating budget
for Fiscal Year 2007/2008, it will also authorize the expenditure of $67,395,836 for
Fiscal Year 2007/2008 capital project expenditures.
The CIP was developed in a conservative manner using updated cost estimates for all
projects. Projections were assumed using conservative estimates consistent with
operating revenues. The projects for the next five years are based on considered
need, and funding the City has available at this time with conservative projections of
Development Impact Fees (DIF) anticipated being collected (500 units per year).
CHARTER CITY IMPLICATIONS:
Because RDA funding will be used on several of the proposed projects, the RDA
funded projects will be bid with a requirement that the contractors pay prevailing
wage.
BACKGROUND AND OVERVIEW:
On March 20, 2007 and on April 3, 2007, staff presented the CIP and five-year
forecast to City Council for review during Study Session. The document is a
statement of the City's goals, objectives, and priorities for a five-year CIP and the
financial commitments required to accomplish those objectives. The preparation of
this document has been a joint effort of the City Manager's Office, Public Works
Department, Finance Department, Building and Safety Department, Community
Services Department, Community Development Department, and the City Clerk's
Office.
The purpose of the CIP is to provide the City with a long-range program for major
municipal capital construction projects based on the systematic development of an
accompanying financial plan. The CIP is a five-year planning instrument used by the
City to identify capital improvement needs and to coordinate financing and timing of
those needs in a manner that maximizes benefit to the public. As each annual budget
is prepared, additional projects and priority needs are identified and added to the
program to maintain a total five-year plan.
The amount allocated from the CIP for first year projects is called the capital budget
and is based on the City's present fund balances. The capital budget is incorporated
into the annual City "operating" budget, which appropriates funds for specific
facilities, equipment and improvements. Projects slated for subsequent years in the
program are approved on a planning basis only and do not receive ultimate expenditure
authority until they are incorporated into the capital budget.
The 2006/2007 CIP identified $12,005,703 in capital improvement projects. All
2006/2007 projects are either completed, are currently in the design or construction
stage, or will have contracts awarded by the end of the fiscal year.
Included in the CIP document is a "Capital Improvement Program Fiscal Year
2006/2007 Project Status Report," which lists: one 1996/1997 project carried -over,
one 2000/2001 project underway, one 2001 /2002 project underway, two 2002/2003
projects underway, three 2002/2003 projects completed, three 2003/2004 projects
completed, two 2004/2005 projects underway, one 2004/2005 project completed,
four 2005/2006 projects underway, one 2005/2006 project completed, and seven
2006/2007 projects underway. Also included is a "Carryover Project Summary" which
provides the life -to -date expenditures for all active CIP projects.
Overall, the City is proposing approximately $90,316,537 in projects during the next
five years. The remaining projects represent unfunded "Additional Projects" totaling
$68,584,237. The funding of the "Additional Projects" listed will require future City
Council consideration to ensure revenue availability.
This CIP is developed using fiscally conservative methodology as directed by the City
Council. Prior to proceeding with any project, City staff will present the project to the
City Council for authorization.
Health and Safety Code Section 33445(a) requires the City Council and the Agency
Board to make certain findings regarding the use of RDA funding for capital
improvement and to consent to the use of the funding. The attached resolution
contains the required findings, which are supported by the information in this report
and by the staff presentation which will be made during the hearing.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Adopt a Resolution approving the Fiscal Year 2007/2008through 201 1 /012
Capital Improvement Program and making certain findings pursuant to Health
and Safety Code Section 33445(a); or
2. Do not adopt a Resolution approving the Fiscal Year 2007/2008 through
201 1 /2012 Capital Improvement Program and making certain findings pursuant
to Health and Safety Code Section 33445(a); or
3. Provide staff with alternative direction.
Respectfully submitted,
iy RJJon s n, P.E.
Works D r for/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
RESOLUTION NO. RA 2007-
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY OF THE CITY OF LA QUINTA, CALIFORNIA,
ADOPTING THE FISCAL YEAR 2007/2008 THROUGH
2011/2012 CAPITAL IMPROVEMENT PLAN AND
MAKING CERTAIN FINDINGS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33445(a) AND
CONSENTING TO THE EXPENDITURE OF FUNDS FOR
THEIMPROVEMENTS
WHEREAS, pursuant to Government Code Section 66002, the La Quinta
Redevelopment Agency ("Agency") is required to review and adopt a Capital
Improvement Plan (the "Plan"); and
WHEREAS, the City is required to conduct a noticed public hearing for
consideration of adoption of the Plan; and
WHEREAS, notice of the public hearing has been given pursuant to
Government Code Section 65090; and
WHEREAS, the Plan is a five-year planning instrument used by the City to
identify capital improvement needs and to coordinate financing and timing of those
needs in a manner that maximizes the return to the public; and
WHEREAS, the Plan is a statement of the City's goals, objectives and
priorities for a five-year Plan and the financial commitments required to accomplish
those objectives; and
WHEREAS, the Fiscal Year 2007/2008 through 201 1 /2012 Plan proposes
approximately $90,316,537 in improvement projects and $68,584,237 of
unfunded additional improvement projects over the five-year period, commencing
on July 1, 2007 and ending June 30, 2012 and
WHEREAS, the amount allocated from the Plan for first -year projects, called
the capital budget, proposes $67,395,836 in improvements, as shown in Exhibit 1,
heretofore made a part of this Resolution; and
WHEREAS, there is inadequate funding within the City's General Fund or
from other sources to completely and fully fund the improvements identified within
the capital budget; and
WHEREAS, the completion of the improvements identified within the capital
budget will help to obtain the goals and objectives of La Quinta Redevelopment
Resolution No. RA 2007-
Capital Improvement Plan
Adopted: May 1, 2007
Page 2
Project Area No. 1 and Project Area No. 2 (Project Area(s)") as well as to afford an
opportunity to eliminate conditions of blight in the Project Area; and
WHEREAS, it would be in the best interest of the public to completely fund
all improvements identified within the capital budget.
NOW THEREFORE, BE IT RESOLVED, by the Agency:
SECTION 1. The above recitations are true and correct and are adopted as
the findings of the Agency.
SECTION 2. The Agency does hereby adopt the Fiscal Year 2007/2008
through 201 1 /2012 Capital Improvement Plan, and approve the capital budget, as
shown in Exhibit 1, heretofore made a part of this Resolution.
SECTION 3. The Agency hereby consents to Agency funding to be utilized to
fund certain improvements within the Fiscal Year 2007/2008 Capital Budget.
SECTION 4. Pursuant to Health and Safety Code Section 33445(a), the
Agency finds and determines that:
A. The proposed improvements identified within the Fiscal Year
2007/2008 Capital Budget are of benefit to the Redevelopment Agency Project
Area No. 1 and Project Area No. 2, and to the immediate neighborhoods in which
the improvements will be located.
B. No other reasonable means of financing the improvements are
available to the community.
C. The proposed improvements identified within the Fiscal Year
2007/2008 Capital Budget will assist in the elimination of one or more blighting
conditions inside the Project Areas and are consistent with the Agency's
implementation plan adopted pursuant to Section 33490.
BE IT FURTHER RESOLVED, the Agency for the City of La Quinta authorizes
the inclusion of said capital budget into the Fiscal Year 2007/2008 operating
budget, which appropriates funds for specific facilities, equipment and
improvements.
Resolution No. RA 2007-
Capital Improvement Plan
Adopted: May 1, 2007
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the Agency held
on this 1 st day of May, 2007, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE OSBORNE, Chairperson
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, CMC, Agency Secretary
City of La Quinta, California
(Seal)
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
City of La Quinta, California
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