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2007 07 17 RDAems, 944-4da 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, JULY 17, 2007 - 3:00 P.M. Beginning Resolution No. RA 2007-006 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 AGENCY'S LEGAL COUNSEL REGARDING PENDING LITIGATION, LA QUINTA REDEVELOPMENT AGENCY V. VERIZON CALIFORNIA, INC., RIVERSIDE SUPERIOR COURT CASE NO. INC055168, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). Redevelopment Agency Agenda 1 July 17, 2007 2. ONFERENCE WITH 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 PROPERTIES IDENTIFIED AS APN: 773-077-014 AND 770-153-005. PROPERTY OWNER/NEGOTIATOR: BRONSON WHITE. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 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 JULY 3, 2007. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JULY 17, 2007. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MAY 31, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MAY 31, 2007, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING JUNE 30, 2007. 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HSA DESIGN GROUP FOR LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR PHASE II SILVERROCK RESORT IMPROVEMENTS. Redevelopment Agency Agenda 2 July 17, 2007 002 5. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH AQUATIC DESIGN GROUP, INC., FOR LAKES AND WATER FEATURE DESIGN SERVICES FOR PHASE II SILVERROCK RESORT IMPROVEMENTS. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION APPROVING THE FISCAL YEAR 2007/2008 LA QUINTA REDEVELOPMENT AGENCY BUDGET, AND A RESOLUTION DETERMINING THE PLANNING AND ADMINISTRATION EXPENSES TO BE FUNDED IN FISCAL YEAR 2007/2008. A. RESOLUTION(S) ACTION STUDY SESSION - NONE CHAIR AND BOARD MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on August 7, 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. A Redevelopment Agency Agenda 3 July 17, 2007 003 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 July 17, 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 July 13, 2007. DATED;/July 13, 2007 O� VERONI�NTECINO, City Clerk City of La Quinta, California F 004 Redevelopment Agency Agenda 4 July 17, 2007 Tait 4 4Q" AGENDA CATEGORY: COUNCIURDA MEETING DATE: July 17, 2007 BUSINESS SESSION: _ ITEM TITLE: Demand Register Dated July 17, 2007 / CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: It is recommended the Redevelopment Agency Board: Receive and File the Demand Register Dated July 17, 2007 of which $5,747,762.11 represents Redevelopment Agency Expenditures. PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA 2 , 005 a •� `h OF'['�'�'' AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 17, 2007 BUSINESS SESSION: _ ITEM TITLE: Receive and Transmittal of Treasurer's Report dated May 31, 2007 CONSENT CALENDAR: oP- STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: It is recommended the La Quinta Redevelopment Agency: Receive and File the Treasurer's Report dated May 31, 2007. PLEASE SEE BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA `a 6116 COUNCILIRDA MEETING DATE: July 17, 2007 ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Reports dated May 31, 2007 and Investment Summary Report for the Quarter Ending June 30, 2007 RECOMMENDATION: Receive and File. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Receive and File Transmittal of the May 31, 2007 Statement of Revenue and Expenditures for the La Quinta Redevelopment Agency and Investment Summary Report for the Quarter Ending June 30, 2007. Respectfully submitted, Awn - 4 *-) I V� � John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, Executive Director Attachments 1: Revenue and Expenditures Report, May 31, 2007 2: Investment Summary for the Quarter Ending June 30, 2007 0710112006. 513112007 REMAINING % BUDGET RECEIVED BUDGET RECEIVED A 1 1 /11vf71v1L1Y 1 1 LA OUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA N0.1: LOWIMODERATE BOND FUND: Allocated Interest Horne Sale Proceeds Non Allocated Interest Transfer In TOTAL LOWIMOD BOND Tex Increment Allocated Interest Non Allocated Interest Miscellaneous revenue Non Allocated Interest LORP-Rent Revenue Home Sales Proceeds Sale of Land Sewer Subsidy Reimbursements Rehabilitation Loan Repayments 2nd Trost Deed Repayment Transfer In TOTAL LOWIMOD TAX DEBT SERVICE FUND: Tax Increment Allocated Interest Nan Allocated Interest Intend - County Loan Interest Advance Proceeds Transfers In TOTAL DEBT SERVICE 0.00 0.00 0.00 0.000% 0.00 000 000 0.000% 000 0 DO 0.00 0 000% 000 0 DO 000 0.000% 0.00 000 0.00 0 000% 10,349,20000 10,227,199.83 122,000.17 98820% 442,300.00 296,708.61 145,591.39 67.080% 0.00 128,212.02 (128,212.02) 0000-A 000 81.97 (81.97) 0.000% 0.00 456.60 (456.60) 0.000"A 252,00000 264,457.42 (12,457.42) 104.940% 480.000.00 311,092.38 168,907.62 64.810% 000 0.00 0.00 0.0DO% 50,000.00 36,956.32 13,043.68 73.910% 0.00 0.00 0.00 00D0% 1,000,000.00 820,573.17 179,426.83 82.060% 140,00000 100 000.00 40,000.00 71.430% 12,713,500.00 12,185.73832 527,761.68 95.85U% 41,396,800.00 40,908,79945 488,000.55 98.820% 553,100.00 640,166.17 (87,06617) 115.740% 0.00 0.00 0.00 0.000% 0.00 000 000 0.000% 000 0 DO 000 0.000% 4,448,304 00 4,448,137.99 166.01 100 000% 46,398,20400 45,997,103.61 401.100.39 99140% CAPITAL IMPROVEMENT FUND -NON-TAXABLE Pooled Cash Allocated Interest 199,500.00 148,883 41 50,616.59 74 63D% Non Allocated Interest 1.000,000.00 865,544 55 134,455.45 86.550% Developer Agreement Funding 0.00 22,846.50 (22,846.50) 0.000% Loan Proceeds 0.00 0.00 0.00 0.000% Rental Income 0.00 0.00 0.00 0.000% Transfers In 0.00 0.00 0.00 0.0DO% TOTAL CAPITAL IMPROVEMENT 1,199,500.00 1,037,27446 162.22554 86.480% CAPITAL IMPROVEMENT FUND -TAXABLE Pooled Cash Allocated Interest 0.00 0.00 0.00 0.000% Non Allocated Interest 0.00 0.00 000 0.000% Litigatlon Settlement Revenue 0.00 0.00 0.00 0.000% Bond proceeds 0.00 0.00 0.D0 0.000% Rental Income 0.00 0.00 000 0.000% Transfers In 0.00 0.00 0.00 0.000% TOTAL CAPITAL IMPROVEMENT 0.00 0.00 000 0.000% ,M. 008 LA QUINTA REDEVELOPMENT AGENCY 0710112006-613112007 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PROJECT AREA NO. 1: LOWINIODERATE BOND FUND PERSONNEL 0.00 0.00 0.00 0.00 SERVICES 0.00 0.00 0.00 0.00 REIMBURSEMENT TO GEN FUND 0.00 000 000 0.00 HOUSING PROJECTS 0.00 0.00 0.00 0.00 TRANSFERS OUT 0.00 000 0.00 0.00 TOTAL LOWIMOD BONG LOWIMODERATE TAX FUND: PERSONNEL 4,900.00 4,676.10 0.00 223.90 SERVICES 368,881.00 190,757.61 0.00 178,123.39 BUILDING HORIZONS 250.000.00 62,500.00 0.00 187,500.00 LO RENTAL PROGRAM 200,000.00 207,267.63 0.00 (7,26T63) 2nd TRUST DEED PROGRAM 500,000.00 0.00 000 500.000.00 LAND ACQUISITION 8,800,000.00 12,028.75 0.00 8,787,97125 FORECLOSURE 150.000.00 0.00 0.00 150,00000 REIMBURSEMENT TO GEN FUND 484,127.00 443,781.91 0.00 40,34509 TRANSFERS OUT 20,448 31 00 20 448 137.99 0.00 166.01 TOTAL LOWIMOD TAXIII DEBT SERVICE FUND: SERVICES 657,300.00 505.734.90 0.00 151,565.10 BOND PRINCIPAL 2,640,000.00 2,640,000.00 0.00 0.00 BOND INTEREST 7,658.900.00 7.656,900.26 0.00 (0.26) INTEREST CITY ADVANCE 1,020,000.00 935,000.00 0.00 86,00000 PASS THROUGH PAYMENTS 19,950,170.00 18,512,967.67 0.00 1,437.202.33 ERAF SHIFT 0.00 0.00 0.00 0.00 TRANSFERS OUT 4,108,51500 408834892 000 40,166.08 TOTAL DEBT SERVICE-25 CAPITAL IMPROVEMENT FUND: PERSONNEL 4,900.00 4,67610 0.00 223.90 SERVICES 729,730.00 733,69061 000 (3,960.61) LAND ACQUISITION 0.00 0.00 000 0.00 ASSESSMENT DISTRICT 0.00 0.00 0.00 000 ADVERTISING -ECONOMIC DEV 0.00 000 000 0.00 ECONOMIC DEVELOPMENT 0.00 000 000 0.00 BOND ISSUANCE COSTS 000 0.00 0.00 000 CAPITAL - BUILDING 000 000 000 0.00 REIMBURSEMENT TO GEN FUND 213,016.00 195,264 63 000 17,751.37 TRANSFERS OUT 20,556,057.00 4,210,120.41 0.00 18,345,13659 TOTAL CAPITAL IMPROVEMENT _ CAPITAL IMPROVEMENT FUNDITAXABLE BOND BOND ISSUANCE COSTS 0.00 0.00 0.00 000 TRANSFERS OUT (42 807 00) 0.00 0.00 (42 807.00) TOTAL CAPITAL IMPROVEMENT .__..__, ___ y 00, ' LA OUINTA REDEVELOPMENT AGENCY 0710112005 - 513112007 REMAINING % REVENUE SUMMARY BUDGET RECEIVED BUDGET RECEIVED PROJECT AREA NO.2: LOWIMODERATE BOND FUND: Allocated Interest 0.00 0.00 0.00 0.000% Non Allocated Irderest 0.00 0.00 0.00 0.ODO% Bond proceeds (net) 0.00 0.00 000 0.000% Transfer In O.OD 0.00 0.00 0.000% TOTAL LOWIMOD BOND 0.00 0.00 0.00 0.000% Tax Increment 5,401,80000 5,016.121.29 385.67871 92.860% Allocated lraerest 441,000.00 303,22541 137,77459 68.760% Non Allocated Interest 0.00 0.00 0.00 0.000% Developer funding 0.00 000 000 0.000% Vista Dunes MHP Rental Rev 0.00 000 000 0.000% 2nd Trust Deed Repayment 100,000 00 59,409.08 40,590.92 59 410% ERAF ShM- Interest 0.00 0.00 0.00 0000% Sale of Land 12.641,903.00 0.00 12,641,903.00 0000% Transfer In 1600000000 16000000.00 0OD 100.000% TOTAL LOWIMOD TAX 34,584,703.00 21,378,755.78 13,205,947.22 61.820% 2004 LOWMODERATE BOND FUND: Allocated Interest 0.00 0.00 0.00 0.000% Home Sale Proceeds 0.00 0.00 0.00 0.000% Non Allocated Interest 2,800,ODO.00 2,512,490.44 287,509.56 89.730% Transfer In 0.00 0.00 000 0.000% TOTAL LOWIMOD BOND 2,800,000.00 2.512.490.44 287.509.56 89.730% DEBT SERVICE FUND: Tax Increment 21,607,200.00 20.064,485.17 1.542,714.83 92.860% Allocated Interest 399,900.00 366,774.D9 33,125.91 91.720% Non Allocated Interest 0.00 0.00 000 0.000% Interest Advance Proceeds 0.00 0.00 000 0.ODO% Transfer In 1,954,642.00 1 954 5%91 8209 100.000% TOTAL DEBT SERVICE 23,961.742.00 22,385,819A7 1,575,92283 93.420% CAPITAL IMPROVEMENT FUND: Allocated Interest 105,600 00 90,464 84 15,135.16 85 670% Non Allocated Interest 000 000 0.00 0000% Developer Agreement 000 0.00 0.00 0.000% Transfers In 0.00 0.00 0.00 0000% TOTAL CAPITAL IMPROVEMENT 105,600.00 90,464.84 15,135.16 85,670% 0, . 019 .. LA OUINTA REDEVELOPMENT AGENCY 0710112006 - 613112007 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PROJECT AREA NO.2: LOWIMODERATE BOND FUND 2nd TRUST DEEDS 0.00 0.00 0.00 000 LAND 0.00 000 000 000 BOND ISSUANCE COSTS 0.00 0.00 0.00 0.00 TRANSFERS OUT 000 0.00 0.00 0.00 TOTAL LOWIMOD BOND LOWIMODERATE TAX FUND: PERSONNEL 2,900.00 2,829.81 0.00 70.19 SERVICES 324,111.00 221,543.55 0.00 102,567.45 2ND TRUST DEEDS 0.00 000 0.00 0.00 FORECLOSURE ACQUISITION 150.000 00 000 000 150.000.00 WATERCOLOR COURT HOMES 4,500,000.00 0.00 0.00 4,500,000.00 LAND ACQUISITION 20,300,000 00 19,966,004 14 000 333.995.86 REIMBURSEMENT TO GEN FUND 264,523.00 242,478.17 0.00 22,044.83 TRANSFERS OUT 3,903,097.00 3, 1508416.217 000 793680.43 TOTAL LOWIMOD TAX42:2 BONDFUND HOUSING PROGRAMS 6.283,000.00 4,217,500.00 0.00 2,065,500.00 LAND 0.00 0.00 000 0.00 TRANSFERS OUT 63,09179600 10866,54553 000 42.225.24947 TOTAL LOWIMOD BOND DEBT SERVICE FUND: SERVICES 176.100.00 184,528.86 000 (8,428 86) BOND PRINCIPAL 205,000 00 105,000 00 0.00 100,000 00 BONDINTEREST 314.78500 314,785.00 000 0.00 INTEREST CITY ADVANCE 1,000,000.00 916,66666 000 83,333.34 PASS THROUGH PAYMENTS 18,046,995.00 12,686,03774 0.00 5,360,95726 TRANSFERS OUT 1 954 642 00 i 954,559.91 0.00 82.09 TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: PERSONNEL 2,900.00 2,82774 0.00 72.26 SERVICES 133,04300 51.27214 0.00 81,77088 ADVERTISING -ECONOMIC DEV 000 0.00 000 0.00 ECONOMIC DEVELOPMENT ACTIVITY 0.00 0.00 0.00 0.00 REIMBURSEMENT TO GEN FUND 36,534.00 33,488.29 0.00 3,04571 TRANSFERS OUT 193 235.00 66.107.00 0.00 127,128.00 TOTAL CAPITAL IMPROVEMENT oir o _ D N N 0 NLq O a M 0 0 N 0 0 0 0 0 0 0 0 Ld Q � UI O; N W Q O O O 0 0 0 0 0 0 0 0 m O r N M M f0 M fA (a CIO 0 0 0 (WO > 00500 O O O 0 0 0 0 0 0 0 O O M M a V N N N D N N W V3 n r ^ A n D o 0 0 0 o m m m m m m m m m m m m N N N N N p O p p p O p p O p p❑ N N NN N N U1 N N O N N N O N N O �� N N Z Z Z Z Z Z Z Z Z Z Z Z D D D D D D D D D D D D C C C C C C C C C C C C J J J J J J J J J J J J LL LL LL LL LL LL LL LL LL LL LL LL o m -Fa m m w m -Fa m z m m m N J J J 0 0 0 UI N N N N O N N N N U1 N N N UI N O N Ol c c N N C C C C C C C C C C 0 0 0 0 0 0 0 0 0 0 0 0 U U N a cCL p h U C N N N n D N a > > >> d U U U U E a a o 0 o x o o x a a UvaaaFina�vovo��oo Q Q N N N Q N N Q Q Q Q Q N N Q Q `o ❑ p J J J❑ J J p O p p p n a p p M N N 7 i0 W W N O O O O O O O O O O O O O O) O O) O) N N O O O N O O N N N N N P N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C G G C C C C C C C C C C C C fO tO tO N N tU tO tO tO tO N tO tO tO t0 t0 t0 Q 1 Q I Q I O7 Q 1 07 C11 0] Q 1 Q 1 0] [ D O] Q 1 m 0] 0 WI V M ATTACHMENT 2 j: 012 W4-ht 4 4& Qumrry COUNCIL/RDA MEETING DATE: July 17, 2007 ITEM TITLE: Approval of a Professional Services Agreement with HSA Design Group for Landscape Architectural Design Services for Phase II SilverRock Resort Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with HSA Design Group for Professional Landscape Architectural Design Services for the Phase II SilverRock Resort improvements and authorize the Executive Director to execute the Agreement subject to any minor modifications approved by the Executive Director and Agency Counsel. FISCAL IMPLICATIONS: The total proposed contract sum is $658,429.00. The Disposition and Development Agreement/Development Agreement ("DDA/DA") with LDD SilverRock, LLC has a time range for completion of the Resort Hotel which ranges from 2010 to 2012. The golf course and park site construction and opening are tied to the opening of the Resort Hotel. This time range results in the need to allow for reasonable adjustments to the fee schedule. If the golf course and park site were completed by 2010, the contract sum would be $600,060. The maximum contract amount is $658,429 and assumes the golf course and park would be completed by 2012. This fixed -fee budget includes: Phase I: ($449,820.00) Project theming services for entire project ($45,000); schematic design services for entire project ($78,000); design development services for the streetscapes, project -0.. • 013 entries and clubhouse only ($53,500); construction documents for the streetscapes, project entries and clubhouse only ($174,500); field services for the streetscapes, project entries and clubhouse only ($77,400); and reimbursable expenses for Phase 1 ($21,420). Phase II: ($208,609.00) Design development service for the park site and golf course only ($23,825); construction documents for park site and golf course only ($87,900); field services for park site and golf course only ($86,950) and reimbursable expenses for Phase II ($9,934). HSA's Cost Proposal, which accompanied their Proposal, identified a proposed fee of $629,050 plus $31,500 reimbursable expenses for a total proposed fee of $660,550. Following negotiations initiated by Golf Dimensions, on behalf of the RDA, the fees were reduced to $571,560 plus $28,500 reimbursables, for a revised total fee of $600,060. Because of project phasing required to meet the Agency's DDA/DA with LDD SilverRock, LLC, (Delivery of completed second golf course at resort hotel completion) a 6% per year cost of living increase ($58,369) has been added to the Phase II services which are scheduled for 2010 through 2012 for a revised total contract sum of $658,429. Should the design and construction management of the second golf course be completed prior to this time period, a savings/credit to the Agency will occur. 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 and design" services 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 Landscape Architectural design services will be charged proportionately to the "engineering and design" budget 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) solicited 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, 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 was distributed by the RDA on May 1, 2007 and on May 24, 2007, the RDA received ten (10) proposals in response to the RFP. The Consultant Selection Process outlined within Resolution 2005-096 was followed. The Executive Director appointed a Consultant Selection Committee consisting of Doug Evans, Assistant City Manager — Development Services; Edie Hylton, Community Services Director; Nick Nickerson, NAI Consulting; and Rob Jones, Golf Dimensions to review and rank the proposals received. Following the ranking process, five (5) firms were selected to receive interviews with the Consultant Selection Committee, which were held on June 15, 2007. Following the interview/presentation process, the Consultant Selection Committee again ranked the firms, and selected two (2) firms as the most qualified to provide the services outlined in the RDA's Request for Proposal. These two (2) top ranked firms were recommended to the RDA's Sub -Committee, consisting of Chairman Osborne and Board Member Adolph on June 26, 2007. As a result of this thorough selection process, HSA Design Group was selected as the most qualified firm. The Scope of Services is divided into five components, including: 1. Project Themeing Phase - In this Phase the Landscape Architect will review existing Phase I documentation and work with the SilverRock Technical Team to refine the SilverRock vision as it relates to the overall community. The Landscape Architect will recommend and present various design considerations appropriate to create design consistency throughout the site. 2. Schematic Design Phase - In this Phase, the Landscape Architect 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 the golf course, permanent clubhouse, streetscapes and project entries. 3. Design Development Phase - In this Phase, the Landscape Architect shall prepare Design Development Plans which will refine the RDA approved design character of the project and identify specific materials and construction methods to be used. The plans will delineate all site construction elements, including grading and drainage concepts, planting, irrigation, lighting and details as needed for all components of Phase II, identifying all materials, finishes, sizes, quantities, colors, etc. 4. Construction Documentation Phase - In this Phase, the Landscape Architect shall prepare Construction Documents, plans, details and specifications, in sufficient form and detail to facilitate construction implementation of the proposed improvements. 5. Construction Phase - Throughout the construction of the Phase II Components, the Landscape Architect will provide construction support, including field and office services required to verify sustaining conformance by the contractor to the requirements of the plans and specifications. 4 016 The attached landscape architect design schedule / Schedule of Performance (Exhibit "C") indicates the landscape architectural design services being initiated in two (2) phases: Phase I: Project Theming, Streetscapes, Park Site & Golf Course The schedule of performance indicates project theming beginning July 2007, and concluding in September 2007. Schematic plans are shown starting September 2007, and concluding December 2007. Design development plans for the streetscapes, project entries and clubhouse only are shown to begin December 2007, and conclude in March 2008. Construction documents for the streetscapes, project entries and clubhouse only, is shown beginning March 2008, and concluding June 2008, when these components will be publicly bid. Construction of the streetscapes, project entries and clubhouse is scheduled to begin December 2008, and project completion/acceptance is scheduled for December 2010. Phase II: Park Site and Golf Course The schedule of performance indicates an approximately 23 month period from the completion of the schematic plans for the park site and the golf course to the start of these design development plans and construction documents. The design development plans for the park site and golf course are shown beginning May 2010, and concluding August 2010, and construction document are shown beginning August 2010, and concluding December 2010, when these components will be publicly bid. Construction is scheduled to begin August 2011, and project completion/acceptance is scheduled for November 2012. This schedule is the most aggressive timeline for the Resort Hotel. As noted above, the schedule could be extended to 2012. The attached Professional Services Agreement which has been negotiated by Agency staff and Golf Dimensions. One important modification which has been negotiated from the Agency's standard Professional Services Agreement is the indemnification provision in Section 5.2. The parties ultimately agreed upon the indemnification language which has been recommended by the Joint Power Insurance Authority for municipal contracts with design professionals. Due to time constraints, the attached Agreement is subject to minor revisions to be approved by the Agency Executive Director and Agency Counsel. + oil FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve a Professional Services Agreement with HSA Design Group for Landscape Architectural Services for the SilverRock Resort Phase II improvements and authorize the Executive Director to execute the Agreement subject to any minor modifications approved by the Executive Director and Agency Counsel; or 2. Do not approve a Professional Services Agreement with HSA Design Group for design of the SilverRock Resort Phase II Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, A ` Douglas R. Ev ns, Assistant City Manager - Development Services Approved for submission by: 1112 Thomas P. Genovese, Executive Director Attachment: 1. PSA with HSA Design Group '- 018. ATTACHMENT 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 HSA DESIGN GROUP ("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 Landscape Architectural Services for Phase II SilverRock Resort Improvements, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the 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 Six Hundred Fifty Eight Thousand Four Hundred Twenty Nine Dollars ($658,429) (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 �. 020 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 SCHEDU 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 Majeure. 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. 021 3.4 Term. The term of this agreement shall commence on July 18, 2007 and terminate on December 31, 2012. 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: Chuck Shepardson, ASLA, Principal Mike Horton, ASLA, Principal 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 Agency's Assistant Executive Director 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. ,r• 022 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 023 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 negligent 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 Consultant. 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. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the Agency and the City and any and all of their officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. ` �. 024 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. 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. A. 025 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. lt2G 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. U2 % 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 029 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 A, 030 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 11 s 63,1 affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To Agency: LA QUINTA REDEVELOPMENT AGENCY Attention: Thomas P. Genovese Executive Director 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: HSA DESIGN GROUP Attention: Chuck Shepardson 42-575 Melanie Place, Suite S Palm Desert, CA 92211 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. . � 02 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: in if 3 I Title: Date: r 014 Exhibit A Scope of Services Q35 EXHIBIT A 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. 1.0 Proiect Themin¢ 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 documents 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 II Plans & Documents • 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 envisioned by the Committee • Project design criteria r.... 036 • 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. o 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 considerations/ alternatives for Phase I and the Phase II design process. • Prepare site trail plan identifying pedestrian, equestrian, hiking, golf cart and multi -use trails locations and material types. #1 037: 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 '/a 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 • Current Phase II Plans and Construction Documents • Engineering Base Information • Site Topography Map / Aerial Survey • 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 ,r 039 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 (Complete Improvements) 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 2.9A Project entry and monumentaton elevation, -Four (4) 049 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 Entry Monumentation(s) 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 30" x 42 sheets, and as further defined by the RDA prior to initiation. r 041 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 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 II, 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 y 042 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 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 engineer for all project exterior site lighting elements and incorporate all plan details and specifications into the Landscape Design Development Package. �» 043 4.0 5.0 6.0 3.7 Structural Engineering Following completion of the Design Development Plans, coordinate with Agency's structural engineer for all project landscape (hardscape) construction elements, including bridges, walls, monumentation and other items, and incorporate all plans and details into the Landscape Construction Drawing Package. 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 II. 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 1001/o 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. 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). P, . 044.. 7.0 Value Eneineerina 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 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 • 0�5 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. 10.7 Post -Construction Evaluation and Inspection The Consultant will participate in post -construction job walks prior to the U�6 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. '• 047 12.4 Post Construction Process The Consultant will provide a post construction site visit as described herein. '0" 048 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 Six Hundred Fifty Eight Thousand Four Hundred Twenty Nine ($658,429) except as specified in Section 1.6 - Additional Services of the Agreement. AV 049 J D E 5 1 G N G R O U P Phase 1 - Entire Project 1.1 Project Theming Services 1.2 Schematic Design Services Phase 1 - Streetscapes, Entries & Clubhouse 1.3 Design Development Services 1.4 Construction Document Services 1.5 Constuction Administrative Services 1.6 Field Services * 1.7 As -Built Documentation Preparation 1.8 Meetings, Presentations, & Site Visits Reimburseable Expenses (5%) (Not -to -Exceed Cost) Note: * Assumes a one-year construction schedule. FEESCHEDULE $ 42,000.00 $ 75,000.00 $ 50,500.00 $ 145,000.00 $ 29,500.00 $ 70,800.00 $ 6,600.00 $ 9,000.00 Subtotal $ 428,400.00 $ 21,420.00 Total for Phase 1 $ 449,820.00 r 059 14-# D E S I G N G R O U P Phase 2 - Park and Golfcourse ** 2.1 Design Development Services 2.2 Construction Document Services 2.3 Constuction Administrative Services 2.4 Field Services *** 2.5 As -Built Documentation Preparation 2.6 Meetings, Presentations, & Site Visits Reimburseable Expenses (5%) (Not -to -Exceed Cost) FEE SCHEDULE $ 20,250.00 $ 71,500.00 $ 16,400.00 $ 84,325.00 $ 2,625.00 $ 3,575.00 Subtotal $ Total for Phase 2 $ Note: ** Assumes start date no later than July 1, 2010 and includes an annual cost -of -living increase of 6%. Note: *** Assumes an annual cost -of -living increase of 6%, plus a 20% increase in man hours over original hours due to a split construction schedule. Also includes a one-year construction schedule. Grand Total $ 198,675.00 9,934.00 208,609.00 658,429.00 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. 00 a a - r S C e 0 a !e c I m 0 n o m 0 y � 6 c s ^ _ A a S o - a C rv+ N J E E E ea. ea. .a. aa. eae .aa. as as aaa - s d � 3 � CC 66$ �F . E p F • � '�' $��$�� 3 g� m � '� � Y d a 8�� s� E � 8 s� 8 o Y�� Y a c Y s o Y � 8€ d Y ■s 1 U s t IC o = W - 053 Exhibit D Special Requirements None. r 054 CF`N OF'Ctift'9 COUNCIL/RDA MEETING DATE: July 17, 2007 ITEM TITLE: Approval of a Professional Services Agreement with Aquatic Design Group, Inc. for Lakes & Water Feature Design Services for Phase II SilverRock Resort Improvements RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with Aquatic Design Group for Professional Lakes & Water Features Design Services for the Phase II SilverRock Resort improvement and authorize the Executive Director to execute the Agreement subject to any minor modifications approved by the Executive Director and Agency Counsel. FISCAL IMPLICATIONS: The original proposed contract sum is $101,300, which anticipated a golf course completion date in 2010. However, the Disposition and Development Agreement/Development Agreement ("DDA/DA") with LDD SilverRock, LLC has a time range for completion of the Resort Hotel which ranges from 2010 to 2012. The golf course opening is tied to the opening of the Resort Hotel. This time range results in the need to allow for reasonable adjustments to the fee schedule. The original contract sum includes: Schematic design services for the entire project including the entry water features, clubhouse water features, and golf course lake(s) system ($10,000); design development services for the entry water features and clubhouse water features ($21,400); construction documents for the entry water features and --clubhouse water features only ($40,800); bidding & negotiation services ($3,200); field 055 services for the entry water features and the golf course water features only ($15,900); and reimbursable expenses for phase 1 ($10,000). Because of project phasing required to meet the Agency's development agreement with LLD SilverRock, LLC, (Delivery of completed second golf course at resort hotel completion) an adjustment to the above fees is anticipated. However, Aquatic Design's Principal Engineer was unavailable to provide this information in time for inclusion in this staff report. The final Professional Services Agreement will be distributed to the Agency Board on Monday, July 16, 2007 under separate cover. 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 Features design services will be charged proportionately to the "engineering and design" services 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) solicited proposals from Lakes and Water Features consulting firms to provide preliminary design, schematic design, and to prepare plans, specifications, schedules and cost estimates for various Phase II SilverRock Resort improvements. A., 056 The Lakes & Water Features Designer shall be responsible for the design of all lakes located on the second golf course, the proposed lake and any water features associated with the permanent clubhouse, and lakes and water features to be located at the remaining project entries. The Lakes & Water Features Designer shall be responsible for coordinating with the Golf Course Irrigation Designer for the requirements of the irrigation system, and with the project engineer to manage storm water retentions / detentions within the golf course lake system. The Lakes and Water Features Designer shall make recommendations in regard to the aesthetic character and quality of the various water features. Additionally, the Lakes & Water Features Designer shall coordinate with the Resort Development Team to ensure that both the public and private facilities are consistent in design materials and quality. The RFP to obtain Lakes & Water Features Designer services for the Phase II SilverRock Resort Improvements was distributed by the RDA on May 1, 2007 and on May 24, 2007, the RDA received two (2) proposals in response to the RFP. The Consultant Selection Process outlined within Resolution 2005-096 was followed. The Executive Director appointed a Consultant Selection Committee consisting of Doug Evans, Assistant City Manager - Development Services; Edie Hylton, Community Services Director; Tim Jonasson, Public Works Director; and Rob Jones, Golf Dimensions; reviewed and ranked the two (2) proposals received. Following the ranking process both firms were selected to receive interviews with the Consultant Selection Committee, which were held 'on June 14, 2007. Following the interview / presentation process, the Consultant Selection Committee selected Aquatic Design Group, Inc. as the most qualified to provide the services outlined in the RDA's Request for Proposal. Aquatic Design Group, Inc. was recommended to the RDA's Sub -Committee, consisting of Chairman Osborne and Board Member Adolph on June 26, 2007. As a result of this thorough selection process, Aquatic Design Group, Inc. was selected as the most qualified firm. The Scope of Services is divided into five components, including: 1. Schematic Design Phase - In this Phase, the Lakes & Water Features Designer shall prepare Schematic Plans, including conceptual lake system plans depicting various aesthetic and design alternatives for the lake edge treatments, rockwork, boulder walls, stream beds, water features, etc. The Lakes & Water Features Designer shall prepare a water and energy conservation program and coordinate site retention / detention with the Civil Engineer. x .. 057 2. Design Development Phase - In this Phase, the Lakes & Water Features Designer shall prepare Design Development Plans which will refine the RDA approved design character of the project and identify specific materials and construction methods to be used. The plans will delineate all site construction elements, and coordination regarding grading and drainage concepts, golf course irrigation, lighting and details as needed for all components of Phase II, identifying all materials, finishes, sizes, quantities, colors, etc. 3. Construction Documentation Phase - In this Phase, the Lakes & Water Features Designer shall prepare Construction Documents, plans, details and specifications, in sufficient form and detail to facilitate construction implementation of the proposed improvements. 4. Construction Phase - Throughout the construction of the Phase II Components, the Lakes and Water Features Designer will provide construction support, including field and office services required to verify sustaining conformance by the contractor to the requirements of the plans and specifications. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve a Professional Services Agreement with Aquatic Design Group, Inc. for Lakes & Water Features Design Services for the SilverRock Resort Phase II improvements and authorize the Executive Director to execute the Agreement subject to any minor modifications approved by the Executive Director and Agency Counsel; or 2. Do not approve a Professional Services Agreement with Aquatic Design Group, Inc. for design of the SilverRock Resort Phase II Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, c - Douglas R. E ns, Assistant City Manager - Development Services �&U Approved for submission by: Thomas P. Genovese, Executive Director a 059 i Coll Fy OF 1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: THOMAS P. GENOVESE, CITY MANAGER,,$ FROM: DOUGLAS R. EVANS, Aa5ISTANT CITY MANAGER - DEVELOPMENT SERVICES tei1,-�/j�' DATE: JULY 16, 2007 SUBJECT: RDA CONSENT CALENDAR ITEM NO. 5 - PROFESSIONAL SERVICES AGREEMENT FOR THE LAKES AND WATER FEATURE DESIGN SERVICES FOR SILVERROCK IMPROVEMENTS At the time the above -noted report was printed for Council the final contract sum was not available. The Scope of Serviced is attached. The total proposed contract sum is $121,807.00. This fixed -fee budget includes: Phase I: ($75,428) Schematic design services for the entire project including the entry water features, clubhouse water features, and golf course lake(s) system ($10,000); design development services for the entry water features and clubhouse water features only ($13,775); construction documents for the entry water features and clubhouse water features only ($27,050); field services for the entry water features and the golf course water features only ($19,100); and reimbursable expenses for phase 1 ($5,503). Phase II: ($46,379) Design development services for the golf course lake(s) system only ($8,025); construction documents for the golf course lake(s) system only ($13,750); field I services for the golf course lake(s) system only ($19,100); and reimbursable expenses for Phase II ($5,504). 10.. 09 r, Aquatic Design Group originally identified a proposed fee of $91,300, plus $10,000 reimbursable expenses for a total proposed fee of $101,300. Because of project phasing required to meet the Agency's development agreement with LLD SilverRock, LLC, (Delivery of completed second golf course at resort hotel completion) a 6% per year cost of living increase ($20,507) has been added to the Phase II services which are scheduled for 2010 through 2012 for a revised total contract sum of $121,807. Should the design and construction management of the second golf course be completed prior to this time period, a savings/credit to the Agency will occur. The attached Lakes & Water Features design schedule / schedule of performance (Exhibit "C") indicates the Lakes & Water Features design services being initiated in two (2) phases of work: Phase I: Project Entries, Clubhouse and Golf Course Water Features The schedule of performance indicates schematic design beginning in July 2007, and concluding in December 2007. Design development plans for the project entries and clubhouse water features only are shown to begin December 2007, and conclude in March 2008. Construction documents for the project entries and clubhouse water features only is scheduled to begin March 2008, and conclude in June 2008, when these components will be publicly bid. Construction is scheduled to begin December 2008, and project completion/acceptance is scheduled for December 2009. Phase II: Golf Course Water Features The schedule of performance indicates up to approximately 23 month period from the completion of the schematic plans for the golf course water features to the start of these design development plans and construction documents. The design development plans for the golf course water features are shown beginning May 2010, and concluding August 2010, and construction document are shown beginning August 2010 and concluding December 2010, when these components will be publicly bid. Construction is scheduled to begin August 2011, and project completion/acceptance is scheduled for November 2012. r :. 061 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICE 1.0 SERVICES OF CONSULTANT S 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Lake and Water Feature Design for Phase II SilverRock Resort Improvements, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant agrees to perform all services 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 applicable 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 represents 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). A 062 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 the standard of quality and workmanship prevalent in the industry for such services. Consistent with Section 1.4 hereinabove, Consultant represents to Agency that it holds the necessary skills and abilities to satisfy the 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 One Hundred Twenty -One Thousand Eight Hundred and Seven Dollars ($121,807) (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 r.k. 063 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. Consultant agrees to perform all services in a timely manner, consistent with the schedule of performance contained in Exhibit C. 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 Majeure. 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. JB i. 064 3.4 Term. The term of this agreement shall commence on July 18, 2007 and terminate on December 31, 2012 (initial 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: Scott J. Ferrell, A.I.A., Vice President, Project Architect Randall M. Mendioroz- President 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 Agency's Assistant Executive Director 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. 10 065 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 A... 066 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. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the Agency, the City and any and all of their officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. r.;. 067 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 in addition 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 or its equivalent approved by the Agency's Counsel and the Contract Officer 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 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. A.,. 068 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 M ,. 069 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. A... 079 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 r... 071 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 10. 072 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 -0 . 073 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 074 origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To Agency: LA QUINTA REDEVELOPMENT AGENCY Attention: Thomas P. Genovese Executive Director 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: AQUATIC DESIGN GROUP, INC Attention: Richard A. McGuire 2226 Faraday Avenue Carlsbad, CA 92008 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. '�•.. 075 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. LA QUINTA REDEVELOPMENT AGENCY Thomas P. Genovese, Executive Director ATTEST: Date Veronica J. Montecino, CMC, Agency Secretary APPROVED AS TO FORM: M. Katherine Jenson, Agency Counsel CONSULTANT: By: Name: Title: Date: 076 Exhibit A Scope of Services 077 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 One Hundred One Thousand Three Hundred Dollars ($101,300) except as specified in Section 1.6 - Additional Services of the Agreement. an 078 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. ," 079 Exhibit D Special Requirements A.. 099 ReDESIGN GROUP AQUATIC PROPOSAL FOR CONSULTANT SERVICES 1.0 INTRODUCTION 1.1 AQUATIC DESIGN GROUP, INC. of Carlsbad, California (hereinafter referred to as "CONSULTANT'), proposes to provide consulting design services to LA QUNITA REDEVELOPMENT AGENCY, (hereinafter referred to as "CLIENT") for the following project: Silver Rock Resort Phase II La Quinra, California 1.2 In conformance with the revised Request for Proposal dated 3 July 2007 as issued by Mr. Rob Jones, CONSULTANT shall provide: 2.0 SCOPE OF WORK 2.1 CONSULTANT shall provide lake design and engineering services as hereinafter described for the following golf course water features including lake aeration treatments, lake edges, lake lining and standard shoreline treatments. PART 2.1.1 Clubhouse Lake Feature 2.1.2 Jefferson Street Entry Feature 2.1.3 Avenue 54 Entry Feature 2.1.4 Interior Turnabout Water Feature 2.1.5 Schematic Design of Golf Course Lakes PART II 2.1.5 Complete Contact Documents (DD, CD, CA) for Golf Course Lakes 3.0 SCOPE OF SERVICES PART a... 081.' ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase 11 Page 2 of 25 3.1 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 listed above. In addition to the scope of work described below, CONSULTANT will be available to respond to all reasonable requests by the Project Manager, on behalf of the RDA for meetings and correspondence. 3.1.1 Existing Project Documentation Review. 3.1.1.1 CONSULTANT 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) 3.1.1.2 Review the conceptual lake system plans as proposed and provide preliminary water feature design guidelines for coordination. 3.1.1.3 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. 3.1.1.4 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. 3.1.1.5 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. OR. 082 ADG SKR 7-1 "7 Proposal for Consultant Services SilverRock Resort Phase II Page 3 of 25 3.1.1.6 Review hydrology study to determine retention capacities for storm water runoff. 3.1.2 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 II. • Requirements of other design team members directly related to the Designers product. • Project budget. • Project schedule 3.1.3 Site Review The Consultant shall attend a site review meeting with the Project Manager and other design team members to review existing Phase 1 conditions, visit and analyze the proposed project site. 3.1.4 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. 3.1.5 Schematic Plans The Consultant shall prepare Schematic Plans, including conceptual design identifying the following, to include: 3.1.5.1 Lake System design criteria and how the lakes may be A 083 ADO SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 4 of 25 developed into the most pleasing aesthetic amenities possible for the project 3.1.5.2 Make recommendations for adjustments in width and alignment of the lakes and streams in key areas where their maintenance and other factors suggest it 3.1.5.3 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 3.1.5.4 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. 3.1.5.5 Requirements of other team members directly related to the lake system. Most importantly, the site hydrologic requirements and constraints. 3.1.5.6 Project budgets and schedules. 3.2 Design Development Phase After approval by the RDA of the Schematic Design, 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. 3.2.1 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: 084 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 5 of 25 3.2.1.1 Clubhouse 3.2.1.2 Project Entries 3.2.2 Design Development Plans The Consultant shall prepare Design Development Plans and details as needed for all components of Phase 11, identifying all materials, finishes, sizes, quantities, colors, etc. 3.2.2.1 Develop design requirements for the lake edge, seepage control lining, depths, widths, water quality control needs, storm overflow and other pertinent lake design criteria. 3.2.2.2 Provide preliminary details for lake related structures such as shoreline treatments, equipment vaults, pump, intakes, discharges, aeration systems and related mechanical and electrical equipment. 3.2.2.3 Provide large size presentation type plan views and details of preliminary layout plans for review by team members as appropriate. 3.2.2.4 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. 3.2.2.5 Base design information in computer format for use in creating the overall project base sheets. To include the layout of the lake and any required ancillary equipment locations adjacent to the water feature systems. 3.2.2.6 Preliminary design of a lake aeration -type water treatment system for each lake to include diffusers, compressors, enclosures, etc. 3.2.2.7 Preliminary design of various lake edge treatments based on ADG SRR 7-1 "7 Proposal for Consultant Services SilverRock Resort Phase 11 Page 6 of 25 information developed during this phase of the work Shore treatments will be presented as preliminary detail sections for review by the design team. 3.2.2.8 Preliminary design of the lake basin lining system including sealing to all structures and amenities below freeboard elevations. 3.2.2.9 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. 3.2.2.10 Prepare a preliminary estimate of probable cost of construction of the water feature system at the completion of Design Development Phase of work. 3.2.2.11 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. 3.3 Construction Documents Phase After approval by the RDA of the Design Development Plans, CONSULTANT shall prepare Construction Documents in sufficient form and detail to facilitate construction implementation of the proposed improvements. 3.3.1 Basesheets Update basesheet information based upon the project Civil Engineer, Architect and Golf Course Architect provided information. 3.3.2 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 MMIMPI AM SRR 7-I5-07 Proposal for Consultant Services SilverRock Resort Phase II Page 7 of 25 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. 3.3.3 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. 3.3.4 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. 3.3.5 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 •" 087 ADG SRR 7-1"7 Proposal for Consultant Services SilverRock Resort Phase II Page 8 of 25 • Aeration and Re -circulation system piping and tie-ins to site drainage. • Liner sealing derails to all structures below freeboard elevations. • Pond hydrostatic relief valves (if required). • Tie-ins to existing storm pipelines (if required). 3.3.6 Be available for up to four (4) meetings at project manager's offices, the RDA, or for City presentations. 3.3.7 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. 3.4 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. 3.5 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. 4, 3.6 Value Engineering r 089 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase 11 Page 9 of 25 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 3.7 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 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. 3.8 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. ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 10 of 25 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. 3.9 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. 3.9.1 Pre -Construction Kickoff Meetin¢ 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 3.9.2 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. 3.9.3 Material Review Review quality of materials as delivered to the site and provide approvals, rejections or requests for additional material as required. 3.9.4 Request for Information Response Provide responses to Contractor and Project Manager issued Requests for Information in regards to clarification for Lakes & Water Feauures improvements, and provide design clarification or redesign if necessary. A. 099 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page II of25 3.9.5 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. 3.9.6 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 Contactors contract. 3.9.7 Post -Construction Evaluation and Inspection The Consultant will participate in post -construction job walks prior to the expiration of the Contractors maintenance period one year guarantee period. 3.10 Record Drawing Preparation The Consultant shall prepare Record Drawings 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 projectsub-contractorsthroughout the construction process. Record Drawings will be provided in computer format as well as one (1) reproducible set. 3.11 Meetings, Presentations and Site Visits 3.11.1 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 .• 091 ADC SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase 11 Page 12 of 25 Part II should anticipate up to two (2) meetings per month to be held at the RDA. 3.1 1.2 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 3.11.3 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. 3.1 1.4 Post Construction Process The Consultant will provide a post construction site visit as described herein. ,. 092 Proposal for Consultant Services SilverRock Resort Phase II Page 13 of 2S 4.1 Design Development Phase Aker approval by the RDA of the Schematic Design, 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. 4.1.1 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: 4.1.1.1 Golf Course Lakes 4.1.2 Design Development Plans The Consultant shall prepare Design Development Plans and details as needed for all components of Phase II, identifying all materials, finishes, sizes, quantities, colors, etc. 4.1.2.1 Develop design requirements for the lake edge, seepage control lining, depths, widths, water quality control needs, storm overflow and other pertinent lake design criteria. 4.1.2.2 Provide preliminary details for lake related structures such as shoreline treatments, equipment vaults, pump, intakes, discharges, aeration systems and related mechanical and electrical equipment 4.1.2.3 Provide large size presentation type plan views and details of preliminary layout plans for review by team members as appropriate. 4.1.2.4 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 A 093 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 14 of 25 irrigation reservoirs and to pump water out of the lakes to irrigate common area landscape. 4.1.2.5 Base design information in computer format for use in creating the overall project base sheets. To include the layout of the lake and any required ancillary equipment locations adjacent to the water feature systems. 4.1.2.6 Preliminary design of a lake aeration -type water treatment system for each lake to include diffusers, compressors, enclosures, etc. 4.1.2.7 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. 4.1.2.8 Preliminary design of the lake basin lining system including sealing to all structures and amenities below freeboard elevations. 4.1.2.9 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. 4.1.2.IOPrepare a preliminary estimate of probable cost of construction of the water feature system at the completion of Design Development Phase of work. 4.1.2.11 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. 4.2 Construction Documents Phase A ' 094 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 15 of 25 After approval by the RDA of the Design Development Plans, CONSULTANT shall prepare Construction Documents in sufficient form and detail to facilitate construction implementation of the proposed improvements. 4.2.1 Basesheets Update basesheet information based upon the project Civil Engineer, Architect and Golf Course Architect provided information. 4.2.2 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. 4.2.3 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. 4.2.4 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 system indicating the requirements for the bidding lake contractor to provide unit prices and totals. 4.2.5 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 system, drawn at a scale of approximately 1 "=30 showing limits of the proposed lake .•,. 095 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 16 of 25 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. • 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). 4.2.6 Be available for up to four (4) meetings at project manager's offices, the RDA, or for City presentations. 4.2.7 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. 4.3 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 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. .• . 096 ADc SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase 11 Page 17 of 2S 4.4 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. 4.5 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 4.6 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 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. 097 Proposal for Consultant Services SilverRock Resort Phase II Page I8 of 2S 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. 4.7 Bidding Support The Consultant shall provide assistance during the bidding of the project to include the following: • Review and add comments(s) to bid altemates 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. 4.8 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. 4.8.1 Pre -Construction Kickoff Meetine 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 4.8.2 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. 099 ADC SRR 7-1"7 Proposal for Consultant Services SilverRock Resort Phase II Page 19 of 25 4.8.3 Material Review Review quality of materials as delivered to the site and provide approvals, rejections or requests for additional material as required. 4.8.4 Request for Information Response Provide responses co 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. 4.8.5 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. 4.8.6 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 Contractors contract. 4.8.7 Post -Construction Evaluation and Inspection The Consultant will participate in post -construction job walks prior to the expiration of the Contractors maintenance period one year guarantee period. 4.9 Record Drawing Preparation The Consultant shall prepare Record Drawings 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 r... 091 m 139WIRWF451 Proposal for Consultant Services SilverRock Resort Phase II Page 20 of 25 set. 4.10 Meetings, Presentations and Site Visits 4.10.1 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. 4.10.2 Design Presentations The Consultant shall participate in presentations of the project milestones: • Mid -design development. • Design development approval. • Construction document approval. 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. 4.10.3 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. 4.10.4 Post Construction Process .• 100 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 21 of 25 The Consultant will provide a post construction site visit as described herein. 5.0 EXCLUSIONS TO SCOPE OF SERVICES 5.1 CLIENT shall provide full information regarding requirements for the project, including a program which shall set forth CLIENTS design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment, systems and site requirements. Additional information that may be required by CONSULTANT as prepared by other members of the project team shall include: 5.1.1 Base sheets in digital (AutoCAD .dwg) format including, but not limited to, the following: .I Proposed drawing title block .2 Site plan illustrating proposed water feature and water feature equipment locations. 5.1.2 Utilities design to water feature mechanical equipment points of connection, including: .I Sanitary sewer. .2 Storm sewer. .3 Domestic water. .4 Electrical distribution, including single line diagrams, three phase power, motor control center and/or motor starters. 5.1.3 Architectural and structural design of water features. 5.1.4 Landscape design including hardscape, landscape, irrigation, site drainage, fencing and site lighting. 5.1.5 Miscellaneous plan check and permit fees as may be required by regulatory agencies. 101 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 22 of 25 6.0 COMPENSATION & I CLIENT shall compensate CONSULTANT for services rendered in Part I as follows: 6.1.1 Basic Services Part I: The Scope of Services described above shall be compensated for by a lump sum, fixed fee of: SIXTY NINE THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100 DOLLARS ($69,925.00). 6.1.2 Additional Services Part 1: If requested, additional services will be billed for on an hourly basis, in conformance with the rates outlined in Article 6.4, below. 6.1.3 Reimbursable Expenses Part I: In addition to basic compensation, an allowance of ($7,000.00) shall be provided for reimbursable expenses. Reimbursable expenses will be billed at CONSULTANT's direct cost, and shall include the following: I Plotting and reproduction expense of Drawings, Specifications and other documents. .2 Special delivery and handling of documents and correspondence such as courier and overnight delivery services. .3 Travel and lodging expense associated with travel outside of Southern California in connection with the Project. 6.2 Terms of Payment Part I: 6.2.1 Payments for Basic Services shall be made based upon percentage of completion in not less than monthly installments, in conformance with the following schedule of values: .I Schematic Design ......................... $ 10,000.00 .2 Design Development Phase ............... $ 13,775.00 .3 Construction Documents Phase .. — $ 27,050.00 .4 Bidding and Negotiation Phase......... $ 3,200.00 .5 Construction Observation Phase ...... $ 15,900.00 r 102 ADG SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 23 of 25 6.3 CLIENT shall compensate CONSULTANT for services rendered in Part II as follows: 6.3.1 Basic Services Part II: The Scope of Services described above shall be compensated for by a lump sum, fixed fee of. FORTY THOUSAND EIGHT HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($40,875.00). 6.3.2 Additional Services Part II: If requested, additional services will be billed for on an hourly basis, in conformance with the rates outlined in Article 6.4, below. 6.3.3 Reimbursable Expenses Part II: In addition to basic compensation, an allowance of ($4,000.00) shall be provided for reimbursable expenses. Reimbursable expenses will be billed at CONSULTANTS direct cost, and shall include the following: I Plotting and reproduction expense of Drawings, Specifications and other documents. .2 Special delivery and handling of documents and correspondence such as courier and overnight delivery services. .3 Travel and lodging expense associated with travel outside of Southern California in connection with the Project 6.3 Terms of Payment Part II: 6.3.1 Payments for Basic Services shall be made based upon percentage of completion in not less than monthly installments, in conformance with the following schedule of values: .I Design Development Phase ............... $ 8.025.00 .2 Construction Documents Phase...... $ 13,750.00 .3 Bidding and Negotiation Phase......... $ 3,200.00 .3 Construction Observation Phase ...... $ 9,130.00 6.4 Hourly Rates: 103 ADC SRR 7-15-07 Proposal for Consultant Services SilverRock Resort Phase 11 Page 24 of 2S 6.4.1 Compensation for additional services (when requested and authorized in advance by CLIENT) shall be provided in conformance with the following hourly rates: . I Principal ............................................... $150.00 per hour .2 Associate .............................................. $125.00 per hour .3 Sr. Project Manager (Design)....... $100.00 per your .4 Sr. Project Manager (Construction) $100.00 per hour .5 Project Manager (Design)............ $ 95.00 per hour .6 Project Manager (Construction).... $ 95.00 per hour .7 CAD Technician ...................... $ 90.00 per hour .8 Graphics Technician .................. $ 75.00 per hour .9 Clerical ................................. $ 45.00 per hour 7.0 TIME 7.1 CONSULTANT shall prosecute design work in conformance with the following schedule for Part I, contingent upon receipt of all required information (program, base sheets, etc.) from CLIENT or CLIENT's designated representative: 7.1.1 Schematic Design Phase: Complete within sixty (60) calendar days of CONSULTANT's receipt of fully executed professional services agreement between CLIENT and CONSULTANT. 7.1.2 Design Development Phase: Complete within sixty (60) calendar days of approval of Schematic Design Documents and authorization to proceed with Design Development Phase. 7.1.3 Construction Documents Phase: Complete within ninety (90) calendar days of approval of Design Development Documents and authorization to proceed with Construction Documents Phase. 7.2 CONSULTANT shall prosecute design work in conformance with the following schedule for Part II, contingent upon receipt of all required information (program, base sheets, etc.) from CLIENT or CLIENTS designated representative. 104 ADG SRR 7_15-07 Proposal for Consultant Services SilverRock Resort Phase II Page 25 of 25 7. I. I Design Development Phase: Complete within sixty (60) calendar days of CONSULTANTS receipt of authorization from CLIENT to proceed with Part II scope of services. 7.1.2 Construction Documents Phase: Complete within ninety (90) calendar days of approval of Design Development Documents and authorization to proceed with Construction Documents Phase. 8.0 AUTHORIZED SIGNATURE 8.1 This proposal is valid for thirty (30) calendar days from the date referenced below and is submitted for and in behalf of CONSULTANT by: AQUATIC DESIGN GROUP, INC. B Lu (ems By: Ldall M. Mendioroz, CSI Its: President 16 July 2007 Date 8.2 This proposal is accepted for and in behalf of CLIENT by: LA QUINTA REDEVLOPMENT AGENCY Signature of Authorized Representative Printed Name and Title 105 ADC SRR 7-15-07 COST PROPOSAL PHASES PERSONNEL CLASSIFICATION HOURLY RATE SCHEMATIC DESIGN DESIGN DEVELOPMENT CONSTRUCTION DOCUMENTS BIDDING & NEGOTIATION CONSTRUCTION OBSERVATION HOURS CO HOURS CO 00S HOURS HOURS COST Projett Arrhice¢ $I50 20.0 j3,000.00 25.0 j3,750.00 1-500 f3,750.00 8.0 $1,200.00 16.0 $2.400.00 (Cm1)j12540.0 55.000.00 50.0 56,250.00 $N,875.00 8.01 S1,000.00 20.0 $2500.00 Associate(Mechanicall $125 0.0 $0.00 6.0 S7S0.00 10.0 $1.250.00 0.0 $0.00 8.0 $1,000.00 Associate(Bec I) $125 0.0 $0.00 6.0 S7S0.00 10.0 $1,250.00 0.0 $0.00 &0 $1,000.00 Pro!-Manager(CA) $100 0.0 $0.00 0.0 $0.00 10.0 $1,000.00 8.0 $800.00 60.0 $6,000.00 CAD Tednician $75 24.0 $I,800.00 25.0 $1,875.00 95.0 $7.125.00 0.0 $0.00 24.0 $1.800.00 Clerinl $50 1 4.0 $200.00 8.0 $400.00 I6.0 $800.00 4.0 $200.00 24.0 $1,200.00 TOTALS 0 oo EI0.000.00 H°uu 120.0 III: j13.775.00 Houu j27.050.00 53.200.00 HOOUP5. CST: SI5,900.00 88.0 0 178804 261.0 28.0 160.0 LABOR COST SUBTOTAL• I $69,92S.00 Phase 2 - Golf Course lakes DD and CO PHASES PERSONNEL CLASSIFICATION HOURLY RATE SCHEMATIC DESIGN DESIGN DEVELOPMENT CONSTRUCTION DOCUMENTS BIDDING & NEGOTIATION CONSTRUCTION OBSERVATION HOURS COST HOURS COS7 HWRS COST HOURS COST HOURS COST Project Arrhitxt SI50 0.0 $0.00 I5.0 52,250.00 I5.0 $2,250.00 8.0 SI,200.00 16.0 $2,400.00 'ce(CivO) $125 0.0 $0.00 30.0 53,750. 0-45.0 S5,625.00 8.0 SI,000.00 20.0 $2.500.00 Assodate (Mechanical) 5125 OD f0.00 20 ­S2W 00 Co $750.00 0.0 S0.00 8.0 $1.000.00 Assocc (Elect ial) $125 0.0 $0.00 20 $250.00 6.0 $750.00 0.0 $0.00 8.0 $1,000.00 Project Manage (CA) $100 0.0 $0.00 0.0 E0.00 60 f600.00 8.0 $800.00 60.0 $6,000.00 CAD Technician $75 0.0 $0.00 15.0 $1.125.00 45.0 $3.375.00 0.0 $0.00 24.0 $1,800.00 Cleriol $50 0.0 $0.00 8.0 $400.00 &0 $400.00 4.0 $200.00 24.0 $1,200.00 TOTALS HOURS- COST $0.001 HOURS. COsi. $CO25.001 HOURS CoST. $13.750.00 HOURS. CD i. $3,200.00 Houu. 160.0 Chi 315,900.00 0.0 72.0 131.01 28.0 LABOR COST SUBTOTAL- I $40,87S.00 REIMBURSABLE EXPENSES PHASES UNIT SCHEMATIC DESIGN DESIGN CONSTRUCTION BIDDING& CONSTRUCTION CATEGORY COST DEVELOPMENT DOCUMENTS NEGOTIATION OBSERVATION QTY.' TOT QTY. TOTAI QTY. TOT QTY. TOT Ratting $25 161 $400 321 $800 128� $3,200 01 $O 641 31.600 Printing $2 48I $96 961 $192 1,2801 $2,560 0 $0 192 $384 Federal Fxpresz Courier S2S 61 $150 6� $150 31 j75 0� $0 241 $600 Airfare j200 0 $0 01 $0 01 $0 0 $0 0 SO Lodging $125 0 $0 OI SO 0 $0 0 $0 0 SO Rental Car j65 0 f0 OI $0 0 $0 0 $0 0 $0 Miscellaneous $75 8 j200 81 $200 a $200 0 f0 8; $200 TOTALS f846 51,342 $6,035 $0 $2784 REIMBURSABLE EXPENSE SUBTOTAL. $11,007.00 Noce: fees increa to Cover Cri[igoe of Phase I Golf Course, CWbhouse Lake Feature, Jefferson Street Entry feature, Avenue Wry Feature and Interior Turnabout Water Feature. Does not indude brig Sta Wer Well nor CV WD R8 System TOTAL FEE: j121,807.00 18Mry2007 106 a QUIAr!W F tj lyFC� .,OwS�, COUNCIL/RDA MEETING DATE: July 17, 2007 ITEM TITLE: Consideration of a (1) Resolution Approving the Fiscal Year 2007-2008 La Quinta Redevelopment Agency Budget and a (2) Resolution Determining the Planning and Administration Expenses to be Funded in Fiscal Year 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the Redevelopment Agency approving the Fiscal Year 2007-2008 City of La Quinta Redevelopment Agency Budget and determining the planning and administration expenses to be funded in Fiscal Year 2007-08. See City Council Staff Report 107 FA RESOLUTION NO. RA 2007- A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING A BUDGET FOR FISCAL YEAR 2007-2008 WHEREAS, each year the La Quinta Redevelopment Agency adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the La Quinta Redevelopment Agency desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the La Quinta Redevelopment Agency has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the La Quinta Redevelopment Agency has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment Agency to adopt, as follows: SECTION 1. The Fiscal Year 2007-2008 Budget which is on file with the La Quinta Redevelopment Agency Secretary, is hereby approved. SECTION 2. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2006-2007 are approved in the Fiscal Year 2007/2008 Budget in an amount not to exceed $13,1358,996 (Attachment 1). SECTION 3. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon Redevelopment Agency approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon Redevelopment Agency approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the Executive Director or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from .m . 1©18 uncompleted prior year capital projects shall be made with Executive Director approval. These carry-over appropriations are for prior year Redevelopment Agency approved capital projects and shall not exceed the approved project budget. SECTION 5. The Executive Director shall render a monthly report to the La Quinta Redevelopment Agency Board on the status of Agency operations as it relates to the approved budget and any amendments thereto. PASSED, APPROVED AND ADOPTED this 17th day of July, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Chair La Quinta Redevelopment Agency ATTEST: VERONICA J. MONTECINO, CMC, Agency Secretary La Quinta Redevelopment Agency (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel La Quinta Redevelopment Agency r, 109 ATTACHMENT 1 City of La Quints Redevelopment Agency Fiscal Year 2006107 Continuing Appropriations/Encumbrances -Note 1 09-Jul-07 As Presented in Budget Documents Department Account Description Continuing Appropriation Encumbrances Total Redevelopment Agency 246-9002-704.51-72 Watercolors Court Homes 4,500,000 4,500,000 246-9002-703 74-01 Land Acquisition - Mazella Purchase 333,996 333,996 405-900170232-15 PM10 SilverRock 25,000 25,000 245-9001-70374-01 Land Acquisition - Testa/Goodman Purchase 8,800,000 8,800,000 Subtotal - Redevelopment Agency 13,658,996 0 13,658,996 Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 2007 A 119 RESOLUTION NO. RA 2007- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF LA QUINTA DETERMINING THAT THE PLANNING AND ADMINISTRATION EXPENSES TO BE FUNDED IN FISCAL YEAR 2007-08 BY THE LOW -AND MODERATE -INCOME HOUSING FUND ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT AND/OR PRESERVATION OF AFFORDABLE HOUSING FOR LOW - AND -MODERATE INCOME HOUSEHOLDS WHEREAS, the City Council of the City of La Quinta has heretofore adopted the Redevelopment Plan for Project Area 1 on December 29, 1983 by Ordinance No. 43; and WHEREAS, the City Council of the City of La Quinta has heretofore adopted the Redevelopment Plan for the Project Area 2 on May 16, 1989 by Ordinance No. 139; and WHEREAS, pursuant to Section 33334.2(a) of the California Community Redevelopment Law (Health and Safety Code Section 33000 at seq.) not less than 20% of all taxes which are allocated to the Agency shall be set aside by the Agency in a Low -and Moderate -Income Housing Fund and used by the Agency for the purpose of increasing, improving and preserving the community's supply of low- and moderate income housing available at affordable housing costs to people and families of low and moderate income; and WHEREAS, pursuant to Section 33334.3 (d) of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) it is the intent of the California State Legislature that the amount of money spent for planning and general administration from the Low -and Moderate -Income Housing Fund not be disproportionate to the amount actually spent for the cost of production. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of La Quinta as follows: 1. The Agency hereby determines that it is necessary to allocate $1,920,004 of the estimated $9,020,111 2007-08 Affordable Housing Budget for the planning and administrative expenses necessary for the production, improvement, and or preservation of low and moderate income housing during the 2007-08 fiscal year. Resolution No. RA 2007- Planning & Administrative Expenses FY 2007/2008 Adopted: July 17 2007 Page 2 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 17h day of July 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Lee M. Osborne, Chair La Quinta Redevelopment Agency ATTEST: VERONICA J. MONTECINO, CMC, Authority Secretary La Quinta Redevelopment Agency (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel La Quinta Redevelopment Agency A . 112