2007 09 18 RDAea# 41aR�
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, SEPTEMBER 18, 2007
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. RA 2007-010
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.
CONFERENCE 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 PROPERTY IDENTIFIED AS APNs 609-040-
005(POR), 609-040-007, AND 609-040-023. PROPERTY OWNERS/
NEGOTIATOR: MIKE SOLLENBERGER.
01
Redevelopment Agency Agenda 1 September 18, 2007
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the Redevelopment Agency on any matter
not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF AUGUST 7, 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 REGISTERS DATED AUGUST 21, SEPTEMBER 4,
AND SEPTEMBER 18, 2007.
2. RECEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORTS DATED
JUNE 30 AND JULY 31, 2007.
3. RECEIVE AND FILE TRANSMITTAL OF REVENUE & EXPENDITURES
REPORTS DATED JUNE 30 AND JULY 31, 2007.
4. APPROVAL OF A RESOLUTION AUTHORIZING INVESTMENTS OF MONIES
IN THE LOCAL AGENCY INVESTMENT FUND.
5. APPROVAL OF A CONTRACT AMENDMENT WITH RBF CONSULTING FOR
CIVIL ENGINEERING SERVICES FOR SILVERROCK RESORT, PHASE II
INFRASTRUCTURE IMPROVEMENTS.
6. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN GOLF
COURSE IRRIGATION DESIGN SERVICES FOR PHASE II SILVERROCK
RESORT IMPROVEMENTS.
e �IL
Redevelopment Agency Agenda 2 September 18, 2007
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
JACOBSEN/HARDY GOLF COURSE DESIGN, INC. FOR DESIGN OF THE
SILVERROCK RESORT SECOND GOLF COURSE.
8. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH & SAFETY CODE SECTION 33445(a), AND AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PARK AVENUE LANDSCAPE
IMPROVEMENTS, PROJECT NO. 2006-15.
9. ADOPTION OF A RESOLUTION APPROVING AN AMENDED PURCHASE AND
SALE AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT
AGENCY AND FRANK R. GOODMAN & ASSOCIATES FOR THE PROPERTY
LOCATED AT 42-800 WASHINGTON STREET (APN 609-040-007 AND 609-
040-023), AND THE APPROPRIATION OF $313,156.
BUSINESS SESSION
1. CONSIDERATION TO REJECT ALL BIDS FOR THE TEMPORARY PARKING
LOT AT SILVERROCK RESORT, PROJECT NO. 2007-14.
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
CHAIR AND BOARD MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
The next regular meeting of the Redevelopment Agency will be held on October 2,
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.
ov
Redevelopment Agency Agenda 3 September 18, 2007
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
September 18, 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 September 14, 2007.
DATED September 1 2007
VERONICA J. ONTECINO, City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 4 September 18, 2007
Taf 4 4V a"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: September 18, 2007
BUSINESS SESSION:
ITEM TITLE: Demand Register Dated August 21, 2007
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated August 21, 2007 of which
$149,439.05 represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
2
T,-df 4 4 a"
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: September 18, 2007
BUSINESS SESSION:
ITEM TITLE: Demand Register Dated Sept. 04, 2007
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated September 04, 2007 of which
$223,694.02 represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
K
C Oti`'
OF Tt4
COUNCIL/BDA MEETING DATE: September 18, 2007
ITEM TITLE: Demand Register Dated
September 11, 2007
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
September 11, 2007 of which $732,972.84
represents Redevelopment Agency Expenditures
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
.8 U
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AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: September 18, 2007 BUSINESS SESSION:
ITEM TITLE: Receive and File Transmittal of Treasurer's CONSENT CALENDAR:
Reports as of June 30, 2007 and July 31, 2007
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and file.
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
O
cei� 4 04D ambinu
COUNCIL/RDA MEETING DATE: September 18, 2007
ITEM TITLE: Receive and File Transmittal of Revenue
and Expenditure Report dated June 30, 2007 and July
31, 2007
RECOMMENDATION:
Receive and File
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: .rJ
STUDY SESSION:
PUBLIC HEARING:
Receive and File Transmittal of the June 30, 2007 and July 31, 2007 Statements of
Revenue and Expenditures for the La Quinta Redevelopment Agency.
Respectfully submitted,
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1 . Revenue and Expenditures Report for June 30, 2007
2. Revenue and Expenditures Report for July 31, 2007
A I IAGFIMEN 1 1
LA QUINTA REDEVELOPMENT AGENCY
0710112006. 6/3012007
REMAINING
%
REVENUE SUMMARY
BUDGET
RECEIVED
BUDGET
RECEIVED
PROJECT AREA NO. 1:
LOWIMODERATE BOND FUND:
Allocated interest
0.00
000
000
0.000%
Home Sale Proceeds
000
0.00
000
0.000%
Non Allocated Interest
0.00
0.00
0.00
0.000%
Transfer In
0.00
0.00
0.00
0000%
TOTAL LOWIMOD BOND
0.00
0.00
0.00
O.ODD%
LOWIMODERATE TAX FUND:
Tax Increment
10,349.20000
10,507.376.38
(158,176.38)
101,530%
Allocated Interest
442,300.00
376,982.31
65,317.69
85.230%
Non Allocated Interest
0.00
128,436.79
(128,436.79)
0.000%
Miscellaneous revenue
000
125,081.97
(125,081.97)
0.000%
Non Allocated Interest
0.00
45660
(456.60)
0.000%
LQRP-Rent Revenue
252,DDO.00
234,328.14
17,671.86
92 990%
Home Sales Proceeds
645,000.00
124,096.83
520,903.17
19.240%
Sale of Land
0.00
0.00
0.00
0.000%
Sewer Subsidy Reimbursements
50,000 00
36,956.32
13.043.68
73.910%
Rehabilitation Loan Repayments
0.00
6,000.03
(5,000.03)
0.000-A
2nd Trust Deed Repayment
1,000,000.00
820,573.17
179,426.83
82.060%
Transfer In
140000.00
100000.00
40000.00
71.430%
TOTAL LOWIMOD TAX
12878,500.00
12,4 9,288.54
419!21146
96.740%
DEBT SERVICE FUND:
Tax Increment
41,396,800.00
42,029.50336
(632,703.36)
101,530%
Allocated Interest
553,100.00
1,054,15327
(501,053.27)
190.690%
Non Allocated Interest
0.00
0.00
0.00
0.000%
Intersl- County Loan
0 DO
0.00
0.00
O.DDD%
Interest Advance Proceeds
0.00
0.00
0.00
0 000%
Transfers In
4,448.304.00
4.448,137.98
16601
100000%
TOTAL DEBT SERVICE
46,398.20400
47,531.79462
(1,133,59062)
102,440%
CAPITAL IMPROVEMENT FUND -NON-TAXABLE
Pooled Cash Allocated Interest
199,5DO.00
200,936.83
(1,438.83)
100.720%
Non Allocated lyderest
1,0D0,000.D0
936,365.87
63,634.13
93.640%
Miscellaneous Revenue
0.00
59,99447
(59.994.47)
0.000%
Developer Agreement Funding
000
22,846.50
(22,846.50)
0.0D0%
Loan Proceeds
0.00
0.00
0.00
0.0DD%
Rental Income
0.00
0.00
0.00
0.00D%
Transfers In
0.00
0.00
0.00
0.000%
TOTAL CAPITAL IMPROVEMENT
1,199.500.00
1,220,145.67
(20.645.67)
101.720%
CAPITAL IMPROVEMENT FUND -TAXABLE
Pooled Cash Allocated Interest
0.00
0.00
0.00
0.0DO%
Non Allocated Interest
0.00
000
0.00
0.000%
Litigation Settlement Revenue
0.00
0.00
0.00
0.000%
Bond proceeds
0.00
0.00
0.00
0.000%
Rental Income
0.00
0.00
0.00
0000%
Transfers In
0.00
0.00
0.00
0.0D0%
TOTAL CAPITAL IMPROVEMENT
0.00
0.00
000
0.000%
r rr
2
LA QUINTA REDEVELOPMENT AGENCY 0710112006-613012007
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
PROJECT AREA NO, 1
LOW/MODERATE BOND FUND
PERSONNEL
0.00
0.00
0.00
0.00
SERVICES
0.00
0.00
000
0.00
REIMBURSEMENT TO GEN FUND
0.00
0.00
0.00
000
HOUSING PROJECTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
000
0.00
0.00
0.00
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
PERSONNEL
4,90000
5,148.80
0.00
(248.80)
SERVICES
368,88100
263.596.60
000
105,284.40
BUILDING HORIZONS
250,000.00
126,000.00
0.00
125,000.00
LQ RENTAL PROGRAM
200,000.00
241,657.86
0.00
(41,657.86)
2nd TRUST DEED PROGRAM
500.000.00
0.00
0.00
500,000 00
LAND ACQUISITION
8,800,000.00
12,028.75
0.00
8,787,971.25
FORECLOSURE
150.00000
0.00
0.00
150,000.00
REIMBURSEMENT TO GEN FUND
484,127.00
484,125.72
0.00
1.28
TRANSFERS OUT
20,44830400
21448,137.99
000
166.01
TOTAL LOWIMOD TAXJl
DEBT SERVICE FUND:
SERVICES
657,300.00
506,056.45
0.00
151,243.55
BOND PRINCIPAL
2.640.000.00
2.640,00000
0.00
000
BOND INTEREST
7,658,900.00
7,658,900.26
0.00
(0.26)
INTEREST CITY ADVANCE
1,020,000.00
1,020,000.00
000
0.00
PASS THROUGH PAYMENTS
19,950,170.00
19,800,148.36
0.00
150,021.64
ERAF SHIFT
0.00
0.00
0.00
0.00
TRANSFERS OUT
410851500
348.92
40 186.08
TOTAL DEBT SERVICEggPERSONNEL
35!593111
HE
CAPITAL IMPROVEMENT FUND:
4,900.00
5,148.80
0.00
(248.80)
SERVICES
729,730.00
809,771.56
0.00
(80.04156)
LAND ACQUISITION
0.00
000
0.00
0.00
ASSESSMENT DISTRICT
0.00
0.00
0.00
0.00
ADVERTISING -ECONOMIC DEV
0.00
0.00
0.00
0.00
.
ECONOMIC DEVELOPMENT
0.00
0.00
0.00
0.00
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
CAPITAL - BUILDING
000
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
213,016.00
213,015 96
0.00
0.04
TRANSFERS OUT
20 556 067.00
4 336 775.37
0.00
16 219 281.63
TOTAL CAPITAL IMPROVEMENT
gg,
CAPITAL IMPROVEMENT FUNDITAXABLE BOND
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
0.00
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT
-ip-fill 11
3
LA OUINTA REDEVELOPMENT AGENCY
0710112006-W3012007
REMAINING
%
REVENUE SUMMARY
BUDGET
RECEIVED
BUDGET
RECEIVED
PROJECT AREA NO.2:
LOWIMODERATE BOND FUND:
Allocated Interest
0.00
000
0.00
0.000%
Nan Allocated Interest
0.00
0.00
0.00
0.000%
Bond proceeds (net)
000
0.00
0.00
0.000%
Transfer In
0.00
0.00
0.00
0000%
TOTAL LOWIMOD BOND
0.00
0.00
0.00
0.000%
Tax Increment
5.401.800.00
6,194,289.52
207,51048
96.160%
Allocated Interest
441.000.00
343.072.56
97,927.44
77790%
Non Allocated Interest
0.00
000
0.00
0.000%
Developer funding
0.00
0.00
000
0.000%
Vista Dunes MHP Rental Rev
000
000
0.00
0.000%
2nd Tnmt Deed Repayment
100,000.00
59,409.08
40.590 92
59.410%
ERAF Shift - Interest
0.00
0.00
0.00
0000%
Sale of land
12.641.903.00
0.00
12,641,903.00
0000%
Transfer In
16.1X10,00000
1600000000
000
100000%
TOTAL LOW/MOD TAX
34584.703.00
21,596,771.16
12,987,931.84
62.450%
)ERATE BOND FUND:
Allocated Interest
000
000
000
0.000%
Home Sale Proceeds
0.00
0.00
0.00
0.000%
Non Allocated Interest
2,800,000.00
2,706,W8.58
93,491A2
96.660%
Transfer In
0.00
0.00
0.00
0000%
TOTAL LOWIMOD BOND
2,800.00000
2,706,508.58
93,491.42
96.660%
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfer In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Allocated Interest
Non Allocated Interest
Developer Agreement
Transfers In
TOTAL CAPITAL IMPROVEMENT
21,607,2W.00
20,777.168.14
830,041.86
96160%
399,9W.00
556,329.16
(156,429.16)
139 120%
000
000
000
0.000%
000
0.00
000
0.000%
1,954,642.00
1,954 559.91
82.09
100 000%
23961742.00
23.288,047.21
673.694.79
97,190%
105,60000
125,420.03
(19,82003)
118.770%
000
000
0.00
0.000%
0.00
0.00
0.00
0.000%
0.00
0.00
0.00
0.000%
105,600.00
125,420.03
(19,a20.O3)
118.770%
.M. J 12
0
LA QUINTA REDEVELOPMENT AGENCY
0710112006. 613012007
REMAINING
EXPENDITURE SUMMARY
PROJECT AREA NO. 2:
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
LOWIMODERATE BOND FUND
2nd TRUST DEEDS
0.00
0.00
000
0.00
LAND
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
0.00
0.00
000
0.00
TRANSFERS OUT
0.00
0.00
0.00
0.00
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
PERSONNEL
2,900.00
3,115.88
0.00
(215.88)
SERVICES
324,11100
279,111.83
000
44.999.17
2ND TRUST DEEDS
000
0.00
0.00
000
FORECLOSURE ACQUISITION
150,000.00
000
0.00
150,000.00
WATERCOLOR COURT HOMES
4.500,000 00
0.00
0.00
4,500,000.00
LAND ACQUISITION
20,300,000.00
19.966,444.14
0.00
333.555.86
REIMBURSEMENT TO GEN FUND
264,523.00
264,521.64
0.00
1.36
TRANSFERS OUT
7,091916.00
3127768.57
0.00
3964148.43
TOTAL LOW/MOD TAX
2004 LOW/MODERATE BOND FUND
HOUSING PROGRAMS 6.283,000.00 4,705,80000 0.00 1,577.200.00
LAND 0.00 0.00 0.00 0.00
TRANSFERS OUT 53091795.00 16564,295.04 000 36,527499.96
TOTAL LOW/MOD BOND
DEBT SERVICE FUND:
SERVICES
176,10000
184,483.83
0.00
(8,383.83'
BOND PRINCIPAL
205,000.00
205,000.00
0.00
0.00
BOND INTEREST
314.785.00
314,785.00
0.00
0.00
INTEREST CITY ADVANCE
1,000,000.00
1.000,000.00
0.00
0.00
PASS THROUGH PAYMENTS
18,046,995.00
17.453.874.96
0.00
593,120.04
PRINCIPAL PYMT/COUNTY OF RIVERSIDE
100,000.00
000
0.00
100,0000L
TRANSFERS OUT
11112.01
1 954,559.91
0.00
82.09
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
PERSONNEL
2,900.00
3,113.52
0.00
(213.52)
SERVICES
133,043.00
77,750.06
0.00
65,292.94
ADVERTISING -ECONOMIC DEV
0.00
0.00
0.00
0.00
ECONOMIC DEVELOPMENT ACTIVITY
0.00
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
36,534.00
36,53268
0.00
1.32
TRANSFERS OUT
193,235.00
66107.00
0.00
127 128.01
TOTAL CAPITAL IMPROVEMENT
_
.. .
.N.Ut, 13
5
LA OUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA N0. 1:
0710112007.713112007 REMAINING %
BUDGET RECEIVED BUDGET RECEIVED
ATTACHMENT 2
LOWIMODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOWIMOD BOND
L0WIM0DERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Miscellaneous revenue
Non Allocated Interest
LORP-Rem Revenue
Home Sales Proceeds
Sale of Land
Sewer Subsidy Reimbursements
Rehabilitation Loan Repayments
2nd Trust Deed Repayment
Transfer In
TOTAL LOWIMOD TAX
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Intend - County Loan
Interest Advance Proceeds
'rrrnsfent In
TOTAL DEBT SERVICE
0.00
0.00
000
0.000 %
0.00
0.00
000
DODO%
0.00
0.00
000
O.ODO%
0.00
000
0.00
0 000%
0.00
0.00
0.00
0.000-A
10,600,600.00
0.00
10,600,60000
0.000%
404,800.00
0.00
404,800.00
0.000%
000
147.33
(147.33)
0,000%
0.00
0.00
0.00
0 000%
000
0.00
000
0.000%
252,000.00
24,963.00
227.03700
9.910%
150,00000
158,06085
(8,060.85)
105370%
000
0.00
0.00
0.000%
0.00
2,144.59
(2,144.59)
0.000%
ODD
000
0.00
0.000%
000
000
0.00
0 000%
000
0.00
000
0 000%
11,407,400.00
185,315.7-7
11,222.084.23
1.620%
42,638,70000
0.00
42,638,700.00
0.000%
896,10000
0.00
896,10000
0.000%
0.00
000
0.00
0.000%
0.00
coo
0.00
0.000%
000
000
000
0.000%
4,450,261.00
0.00
4 450 261 00
0 000%
47,985,061.00
0.00
47,985,06100
0.000%
CAPITAL IMPROVEMENT FUND - NON-TAXABLE
Pooled Cash Allocated Interest
37,900.00
0.00
37.900.00
0.000%
Non Allocated Interest
500,000.00
67,832.90
432.167.10
13.570%
Developer Agreement Funding
0.00
0D0
0.00
0000%
Sale of Land Proceeds
3,894.600 00
0.00
3.894,600.00
0.000%
Rental Income
0.00
0.00
0.00
0.000%
Transfers In
25,0D0,000.00
0.00
2500000000
000D%
TOTAL CAPITAL IMPROVEMENT
29,432,500.00
67,83290
29,364,667.10
0.230%
CAPITAL IMPROVEMENT FUND -TAXABLE
Pooled Cash Allocated Interest
0.00
0.00
0.00
0.000%
Non Allocated Interest
0.00
0.00
0.00
0.000%
Litigation Settlement Revenue
0.00
0.00
0.00
0 000%
Bond proceeds
0.00
000
0.00
0.000%
Rental Income
0.00
000
0.00
0.000%
Transient In
0.00
000
0 00
0.000%
TOTAL CAPITAL IMPROVEMENT
000
0 DO
0.00
0.000%
.■..J� 14
M
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO 1:
LOW/MODERATE BOND FUND
LOWIMODERATE TAX FUND:
07/01/2007 - 713112007 REMAINING
BUDGET EXPENDITURES ENCUMBERED BUDGET
PERSONNEL
0.00
0.00
000
0.00
SERVICES
0.00
0.00
000
0.00
REIMBURSEMENT TO GEN FUND
000
0.00
000
0.00
HOUSING PROJECTS
0.00
0.00
000
000
TRANSFERS OUT
0.00
0.00
0.00
0.00
TOTAL LOWIMOD BOND
PERSONNEL
1,10000
425.95
000
674.05
SERVICES
362,764.00
13,049.45
0.00
349.714.55
BUILDING HORIZONS
0.00
22,06928
0.00
(22,069.28)
LO RENTAL PROGRAM
200.000.00
000
0.00
200.00000
2nd TRUST DEED PROGRAM
250,000.00
106,050.00
000
143,950.00
LAND ACQUISITION
8,787.97100
0.00
000
8,787,971.00
FORECLOSURE
150,000.00
0.00
0.00
150,000.00
REIMBURSEMENT TO GEN FUND
652,471.00
54,37248
0.00
598,098.52
TRANSFERS OUT
4,450261.00
0.00
0.00
4560261.00
TOTAL LOWIMOD TAX
DEBT SERVICE FUND:
SERVICES
457,300.00
1.53000
0.00
455,770.00
BOND PRINCIPAL
3,514,579.00
0.00
0.00
3,514,579.00
BONDINTEREST
7,500,553.00
0.00
000
7,500,553.00
INTEREST CITY ADVANCE
1,020,00000
85.000.00
000
935,000.00
PASS THROUGH PAYMENTS
22,808,012.00
381,464.25
0.00
22.426.547 75
ERAF SHIFT
000
000
0.00
0.00
TRANSFERS OUT
28,970,96000
0.00
000
28,970,96000
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
1,100.00
42595
0.00
674.05
774.226.00
14,162.29
0.00
760,06371
1
0.00
0.00
000
0.00
'RICT
000
0.00
0.00
0.00
NOMIC DEV
000
0.00
0.00
0.00
DPMENT
0.00
0.00
000
0.00
OSTS
0.00
0.00
0.00
0.00
3
10,000.00
0.00
0.00
10,000.00
FO GEN FUND
311,033.00
25,919.32
000
285,113.68
CAPITAL IMPROVEMENT FUND/TAXABLE BOND TOTAL CAPITAL IMPROVEMENT
BOND ISSUANCE COSTS 0.00 0.00 0.00 000
TRANSFERS OUT 0.00 0.00 000 0.00
TOTAL CAPITAL IMPROVEMENT
•d-ii,• llJ
LA OUINTA REDEVELOPMENT AGENCY
07101/2007. 7131/2007
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 Interest
0.00
0.00
000
0.000%
Bond proceeds (net)
0.00
0.00
0.00
0000A
Transfer In
000
000
0.00
0.000%
TOTAL LOWIMOD BOND
0.00
000
0.00
0.000%
LOWIMODERATE TAX FUND:
Tax Increment
5,563,900.00
coo
5,563.900 00
0.000%
Allocated Interest
742,100.00
000
742.10000
0,000%
Non Allocated Interest
0.00
0 00
0.00
0.000%
Developer funding
000
0.00
0.00
0000%
Vista Dunes MHP Rental Rev
0 00
0.00
0.00
0000%
2nd Trust Deed Repayment
0.00
59.219.00
(59,219 00)
0.000%
ERAF Shift - Interest
0.00
0.00
0.00
0.000%
Sale of Land
12,694,30100
000
12,694,301.00
0000%
Transfer In
0.00
000
0.00
0.000%
TOTAL LOWIMOD TAX
19,000,30100
59,219.00
18,941,082.00
0.310%
2004 LOWIMODERATE BOND FUND:
Allocated Interest
0.00
000
000
0.000%
Home Sale Proceeds
0.00
000
0.00
0.000%
Non Allocated Interest
2,000,000.00
167,35680
1.832,643.20
8370%
Transfer In
0.00
0.00
0.00
0.000%
TOTAL LOWIMOD BOND
2,000,000.00
167,356.80
1,832.643.20
8.370%
DEBT SERVICE FUND:
Tax Increment
22,923,100.00
0.00
22,923,100.00
0000%
Allocated Interest
573,20000
0.00
573,20000
0.000%
Non Allocated Interest
0.00
0.00
0.00
0.000%
Interest Advance Proceeds
000
0.00
000
0.000%
Transfer In
1,955,84600
0.00
7955846.00
0.000%
TOTAL DEBT SERVICE
25,452,146.00
000
25,452,146.00
0000%
CAPITAL IMPROVEMENT FUND:
Allocated Interest
58.900 DO
0.00
58,900 00
0,000%
Non Allocated Interest
0.00
0.00
000
0.000%
Developer Agreement
0.00
0.00
000
0.000%
Transfers In
0.00
000
000
0.000%
TOTAL CAPITAL IMPROVEMENT
58,90000
0.00
58.900 DO
0.000%
e
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
0710112007. 7/3112007
REMAINING
PROJECT AREA NO 2•
NO.
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
LOWIMODERATE BOND FUND
2nd TRUST DEEDS
0.00
0.00
000
0.00
LAND
BOND ISSUANCE COSTS
0.00
0.00
0.00
000
0.00
0.00
0.00
TRANSFERS OUT
0.00
0.00
0.00
0.00
000
TOTAL LOWIMOD BOND
LOWIMODERATE TAX FUND:
PERSONNEL
SERVICES
70000
257.77
000
442.23
2ND TRUST DEEDS
540,464.00
0.00
4.751.21
0.00
000
535,712.79
FORECLOSURE ACQUISITION
100,00000
000
0.00
000
000
100,000.00
WATERCOLOR COURT HOMES
4.500,000.00
0.00
0.00
4,500.000.00
LAND ACQUISITION
REIMBURSEMENT TO GEN FUND
333,55500
356,505.00
0.00
29,708.66
000
333.555.00
TRANSFERS OUT
6,834.367.00
90.00
0.00
0.00
326,796.34
1,8 4477. 201
TOTAL LOWIMOD TAX
it
2004 LOWIMODERATE BOND FUND
HOUSING PROGRAMS
LAND
000
903,100.00
000
(903,10000)
TRANSFERS OUT
0.00
36,527,500.00
0.00
33 821.00
0.00
0.00
0.00
38 493,679.0a
TOTAL LOWIMOD BONG
DEBT SERVICE FUND:
SERVICES
BOND PRINCIPAL
176.100.00
110.00000
0.00
0.00
0.00
000
176,10000
110,000.00
BOND INTEREST
INTEREST CITY ADVANCE
310,135.00
1,000,000.00
0.00
83,333.26
0.00
0.00
310,135.00
916.666.74
PASS THROUGH PAYMENTS
18.688,406.00
0.00
0.00
18.688,406.00
TRANSFERS OUT
1955,84600
0.00
0.00
1,955,848.00
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
PERSONNEL
SERVICES
70000
257.58
000
44242
ADVERTISING -ECONOMIC DEV
123,641.00
0.00
5.173.97
0.00
0.00
0.00
118.467.03
0.00
ECONOMIC DEVELOPMENT ACTIVITY
0.00
000
0.00
000
REIMBURSEMENT TO GEN FUND
25.29100
2,107.54
0.00
23,183.46
TRANSFERS OUT
275,000.00
0.00
0.00
275 000 00
TOTAL CAPITAL IMPROVEMENT
■,.J 17
COUNCIL/RDA MEETING DATE: September 18, 2007 AGENDA CATEGORY:
_
ITEM TITLE: Approval of a Resolution Authorizing BUSINESS SESSION:
Investments of Monies in the Local Agency Investment CONSENT CALENDAR:
Fund
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approval of a Resolution authorizing investments of monies in the Local Agency
Investment Fund
FISCAL IMPLICATION
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Each year the City Treasurer submits the City Investment Policies to the Local Agency
Investment Fund (LAIF). LAIF has notified agencies that they will no longer accept
these Investment Policies (Attachment 1) and in its place has requested each of its
account holders to adopt an ordinance authorizing which individuals are permitted to
make deposits and withdrawals from the LAIF account. The Agency presently allows
the City Manager and the City Treasurer to make deposits and withdrawals.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
1. Approve of a Resolution Authorizing Investments of Monies in the Local Agency
Investment Fund; or
2. Do not approve a Resolution Authorizing Investments of Monies in the Local
Agency Investment Fund; or i
ter. ki 100
3. Provide staff with alternative direction.
Respectfully submitted:
,JANA
--
John M. Falconer, Finance Director
Approved for Submission by:
Thomas P. Genovese, Executive Director
Attachment 1: LAW correspondence dated August 21, 2007
E
RESOLUTION NO.
A RESOLUTION OF THE LA QUINTA
REDEVELOPMENT AGENCY, AUTHORIZING
INVESTMENTS OF MONIES IN THE LOCAL
AGENCY INVESTMENT FUND
WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1
was added to the California Government Code to create a Local Agency Investment
Fund in the State Treasury for the deposit of money of a local agency for purposes of
investment by the State Treasurer; and
WHEREAS, the La Quinta Redevelopment Agency does hereby find that deposit
and withdrawal of money in the Local Agency Investment Fund in accordance with the
provisions of Section 16429.1 of the Government Code for the purpose of investment
as stated therein as in the best interests of the City of La Quinta.
NOW THEREFORE, BE IT RESOLVED, that the La Quinta Redevelopment Agency
does hereby authorize the deposit and withdrawal of City of La Quinta monies in the
Local Agency Investment Fund in the State of Treasury in accordance with the
provisions of Section 16429.1 of the Government Code of for the propose of
investment as stated therein, and verification by the State Treasurer's Office of all
banking information provided in that regard.
BE IT FURTHER RESOLVED, that following La Quinta Redevelopment Agency
officers or their successors in office shall be authorized to order the deposit or
withdrawal of monies in the Local Agency Investment Fund:
Thomas P. Genovese John M. Falconer
(NAME) (NAME)
Executive Director Finance Director
(TITLE) (TITLE)
(SIGNATURE)
(SIGNATURE)
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Redevelopment Agency, held on this the 181" day of September, 2007
by the following vote, to wit:
A-J , 2 0
Resolution No. RA 2007-
Authorizing Investments of Monies
In the Local Agency Investment Fund
Adopted: September 18, 2007
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE M. OSBORNE, Chairperson
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
ATTACHMENT 1
STATE OF CALIFORNIA Bill Lockyer, Treasurer
OFFICE OF THE TREASURER
P. O. BOX 942809
SACRAMENTO, CA 94209-0001
August 21, 2007
RDA LA QUINTA
FINANCE DIRECTOR
P.O. BOX 1504
LA QUINTA, CA 92253
OF
LAIF Account Number: 65-33-017
The Local Agency Investment Fund (LAIF) will no longer accept Investment Policies in place of
a Board resolution authorizing individuals to sign for changes on your agency's LAIF account.
The resolution adopted by your governing board should clearly state the individuals authorized
to deposit and withdraw funds with LAIF as well as being authorized to make account changes.
LAIF recommends including the language"or their successors" to allow future personnel
changes to be made without having to adopt a new resolution (refer to the sample resolution
enclosed).
Please feel free to contact the LAIF staff at (916) 653-3001 between the hours of 11:00 am to
4:00 pm with any questions you may have. Thank you in advance for your cooperation it is
appreciated.
Sincerely,
6,
Pamela A. Milliron
LAIF Administrator
Enclosure
•■-U 26
Regular Account Sample Resolution
RESOLUTION OF (CITY/DISTRICT)
AGENCY AGENCY
ADDRESS PHONE NUMBER
AUTHORIZING INVESTMENT OF MONIES
IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was
added to the California Government Code to create a Local Agency Investment Fund in the
State Treasury for the deposit of money of a local agency for purposes of investment by the
State Treasurer, and
WHEREAS, the City Council/Board of Directors does hereby find that the deposit and
withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of
Section16429.1 of the Government Code for the purpose of investment as stated therein as in
the best interests of the (City/District)
NOW THEREFORE, BE IT RESOLVED, that the City Council/Board of Directors does
hereby authorize the deposit and withdrawal of (City/District) monies in the
Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section
16429.1 of the Government Code for the purpose of investment as stated therein, and verification
by the State Treasurer's Office of all banking information provided in that regard.
BE IT FURTHER RESOLVED, that the following (City/District) officers
or their successors in office shall be authorized to order the deposit or withdrawal of monies
in the Local Agency Investment Fund:
(NAME)
(TITLE)
(SIGNATURE)
(NAME
Yk Xv
R)i'.aw,.
ti � N3
(SIGNATURE)
(NAME)
(TITLE)
(SIGNATURE)
PASSED AND ADOPTED, by the City Council/Board of Directors of (City/District)
(County) of State of California on (Date)
Note: Resolution must be adopted by the governing body. Please submit an original
resolution or a certified copy of the resolution to LAIF. A certified copy Is 1) a copy of the
resolution affixed with the seal of the agency or 2) a copy of the resolution attested by the
City Clerk/Board Secretary with his/her original signature. Resolutions received by LAIF
supersede current resolutions on file with LAIF unless otherwise specified.
48 Revisedlhd4,30, 20Q13
cFM OF iN�9k�
COUNCIL/RDA MEETING DATE: September 18, 2007 AGENDA CATEGORY:
ITEM TITLE: Approval of a Contract Amendment BUSINESS SESSION:
with RBF Consulting for Civil Engineering Services for
SilverRock Resort, Phase II Infrastructure CONSENT CALENDAR:
Improvements
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve an amendment to the Professional Services Agreement with RBF
Consulting to provide additional civil engineering services in an amount not -to -
exceed $27,100 and authorize the Executive Director to execute the amendment.
FISCAL IMPLICATIONS:
The PSA amendment is included as Attachment 1; Exhibit "A" Professional Scope
of Services lists all tasks and Exhibit "B" "Compensation" identifies the respective
fees.
The Phase II SilverRock Resort Improvements are included within the 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
s5
The costs for the additional civil engineering services (Tasks 1, 2 and 3 of Exhibit
A) will be charged to the "engineering" category of the "Infrastructure" project
components.
BACKGROUND AND OVERVIEW:
On July 17, 2007, the Agency Board approved a contract with HSA Design Group,
Landscape Architects, to provide Professional Services for the Phase II SilverRock
Resort Improvements.
In addition to the design of the landscape components for Phase II, the landscape
architect is responsible for making recommendations in regard to the aesthetic
character and quality of the various design elements throughout the project
development. The landscape architect, in consultation with Lowe, Landmark and
Agency staff, have recommended improvements to the aesthetic character and
quality of primary roadways, SilverRock Way and Hotel Drive.
Modifications to the roadways, resulting from this collaborative effort include the
re -alignment of SilverRock Way adjacent to the clubhouse site to create a more
desirable and developable clubhouse pad; horizontal modifications to SilverRock
Way and Hotel Drive to accommodate median islands, and narrowed sections of
roadway and the elimination of the "turn -about' in SilverRock Way in lieu of a four-
way intersection to reduce vehicular speed through the site.
In order to incorporate these aesthetic changes to the roadways, minor
modifications to the Street Improvement Plans, Water Improvement Plans and the
Sewer Improvement Plans must be made to meet these new conditions. These
plan revisions will be complete, submitted to the appropriate Agencies, and
approved without any delay to the project design and construction schedule.
By way of background, on August 1, 2006, the Agency Board approved a
professional services agreement ("PSA") with RBF Consulting to provide initial civil
engineering_ services for the SilverRock Resort, Phase II project. The Phase II
SilverRock Resort improvements include the installation of: the "backbone"
infrastructure; on -site streets; vehicular, pedestrian, and golf cart bridges and
undercrossings; the permanent clubhouse; a second 18-hole golf course; primary
and secondary entry features; a passive park; and project support facilities.
Portions of this work are completed or are currently in progress.
On May 15, 2007, the Agency Board approved a contract amendment to RBF
Consulting for additional engineering services not included in the Professional
a 01 25
Services Agreement (PSA) dated August 1, 2006, but that were anticipated, and
required for the permanent clubhouse, the second golf course, the passive park,
aerial mapping, site hydrology, technical services, etc.
The services requested in this amendment include engineering services related to
the design of SilverRock Way and the Hotel Drive Street Improvement Plans; the
Water Improvement Plans; and the Sewer Improvement Plans. A detailed summary
of the additional work, tasks, and fees is set forth in amendment No. 2, RBF
Consulting contract amendment, Exhibit "A", Professional Scope of Services, and
Exhibit "B" Compensation.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve an amendment to the Professional Services Agreement with RBF
Consulting to provide additional civil engineering services in an amount not -
to -exceed $27,100 and authorize the Executive Director to execute the
amendment; or
2. Do not approve an amendment to the Professional Services Agreement with
RBF Consulting to provide additional civil engineering services in an amount
not -to -exceed $27,100: or
3. Provide staff with alternative direction.
Respectfully submitted,
%emu
Doug Evan A sistant City Manager -Development Services
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment 1: 1. RBF Consulting Contract Amendment #2
() 2 v
ATTACHMENT 1
IC 4 4 QX&EM
PROFESSIONAL SERVICES AGREEMENT
AMENDMENT NO.2
PROJECT: SilverRock Resort, Phase II Civil Engineering Services
CONSULTANT: RBF Consulting
******************************************************************************************
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do
the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work
shall conform to the terns, general conditions, and special provisions of the original Contract.
**************************************************************************************************
DESCRIPTION OF CHANGE
Provide additional civil engineering services related to roadway and infrastructure design in support of SilverRock
Resort Phase II Improvements.
Previous Contract Amount
$602,200
Amendment No. 1
$942,950
Amendment No. 2
$27,100
Revised Contract Total
$1.572.250
**************************************************************************************************
Submitted
Approved By:
We, the undersigned Consultant, havegiven careful consideration to the changeproposed and hereby agree, if this proposal
is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and
perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown
above.
Accepted
Consultant: Date:
PSA96041.dm „0. U 2 7
RBF Consulting
Addendum No. 2, JN 20-100784
September 5, 2007
EXHIBIT "A"
PROFESSIONAL SCOPE OF SERVICES
A. RBF agrees to perform the following Professional Scope of Services for the
City of La Quinta SilverRock Golf Resort Site:
Infrastructure Work Tasks
TASK 1 ROADWAY GEOMETRICS
Following an initial review of the site plan by the Landscape Architect, RBF shall revise
the street alignments along SilverRock Way from the western project termini to Avenue
54 and along Hotel Drive between SilverRock Way and Jefferson Street to add variable
width medians (maximum width 30') and modify the street right of way section to a
variable width section, maintaining a 20' lane width from median curb to the outside curb
and gutter. In addition, this task includes the review of the original land areas for the
future developable sites to ensure the same square footage as the approved tentative map
with the above mentioned changes to the street sections. Finally, this task will include
the revision to the previously City approved profile based on comments from the
Landscape Architect and the approved horizontal street layout.
TASK 2 WATER IMPROVEMENT PLANS
RBF shall revise the previously CVWD approved water plans in accordance with the
requirements of the Coachella Valley Water District for SilverRock Way and Hotel
Drive. The plans will be broken down into two separate plan sets, 1) from the existing
western termini on SilverRock Way to the intersection of Jefferson Street via Hotel Drive
(excluding the canal crossing), and 2) the canal crossing and from Hotel Drive to Avenue
54 via SilverRock Way. In addition, the second phase of the water plans may require an
additional plan sheet with the relocation of the pressure reducing/booster station from the
east side of SilverRock Way to the western edge of the Maintenance Building.
TASK 3 SEWER IMPROVEMENT PLAN
RBF shall revise the previously CVWD approved sewer plans in accordance with the
requirements of the Coachella Valley Water District for SilverRock Way and Hotel
Drive. The plans will be broken down into two separate plan sets, 1) from the existing
western termini on SilverRock Way to the intersection of Jefferson Street via Hotel Drive
including the canal crossing and 2) from Hotel Drive to Avenue 54 via SilverRock Way.
_a_ 0, 2 3
RBF Consulting
Addendum No. 2,1N 20-100784
September 5, 2007
EXHIBIT "B"
COMPENSATION
B. City agrees to compensate RBF for such services as follows:
Monthly on a percentage of completion basis, a fee of Twenty Seven Thousand, and One
Hundred Dollars ($27,100).
TASK DESCRIPTION
Professional Services
Infrastructure Improvements
1 Roadway Geometrics
2 Water Improvement Plans
3 Sewer Improvement Plans
FEE
11,800
7,100
8,200
Total Infrastructure Addendum - $27,100
Y 20
4 44 :LWN W F
f'
OFM OF
COUNCIL/RDA MEETING DATE: September 18, 2007
ITEM TITLE: Approval of a Request for Proposals
(RFP) to Obtain Golf Course Irrigation Design
Services for Phase II SilverRock Resort
Improvements
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: AL
STUDY SESSION:
PUBLIC HEARING:
Authorize staff to distribute a Request for Proposals (RFP) to obtain professional
Golf Course Irrigation Design services for the Phase II SilverRock Resort Golf
Course.
FISCAL IMPLICATIONS:
The Phase II SilverRock Resort improvements are included within the adopted
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 2007-08
Engineering Budget
Infrastructure
$1,989,000
Permanent Clubhouse
$1,404,000
Second Golf Course
$2,106,000
Landscaping
$351,000
Total
$5,850,000
33
The costs for the Golf Course Irrigation design services will be charged to the
"design" category for the Second Golf Course project component, account number
401-1773-551.35-07.
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 (Agency) is requesting proposals from
professional Golf Course Irrigation Design firms to provide schematic design, design
development, and to prepare full construction plans, specifications, schedules, and
cost estimates for the Phase II SilverRock Resort, second golf course irrigation
improvements.
The Golf Course Irrigation Designer shall be responsible for the design of the
computer controlled irrigation system for all tee boxes, fairways, roughs, and
greens associated with the second golf course based on the course design prepared
by the golf course architect and approved by the Agency Board.
The Golf Course Irrigation Designer shall be responsible for coordination with the
civil engineer in regard to the overall site hydrology; the landscape architect, in
regard to providing irrigation point -of -connections for all non -turf areas within the
golf course; and the lakes and water features designer in regard to lake capacity
and irrigation system water demands.
The RFP to obtain Golf Course Irrigation Design services for the Phase II SilverRock
Resort second golf course has been prepared and is ready for distribution to
qualified consultants. The RFP is included for the Agency Board's review as
Attachment 1.
The Consultant Selection Process outlined within Resolution 2005-096 shall be
followed.
The Executed Director intends to appoint the following Consultant Selection
Committee members: Doug Evans, Assistant City Manager — Development
Services; Steve Howlett, Golf & Park Landscape Manager; Tim Jonasson, Public
Works Director/City Engineer; and Rob Jones, Golf Dimensions. If the Agency
.to. 31
Board wishes to appoint the committee members, the committee will be subject to
the Brown Act requirements unless the selection committee consists solely of two
Agency Board Members, in which case it would be an ad hoc committee which
would be exempt from the Brown Act.
Contingent upon Agency Board approval of the RFP on September 18, 2007,
the following represents how the project is expected to proceed:
Proposal Due Date October 11, 2007
Interviews with Selection Committee October 25, 2007
Recommendation to the Agency Board November 6, 2007
Start Activities November 7, 2007
RFP Attachments
Several attachments are contained within the RFP, including the Golf Course
Irrigation Design Schedule and a sample Agency Professional Services Agreement
(PSA).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Authorize staff to distribute a Request for Proposal (RFP) to obtain
professional Golf Course Irrigation Design services for the Phase II
SilverRock Resort second golf course; or
2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain
professional Golf Course Irrigation Design services for the Phase II
SilverRock Resort second golf course; or
3. Provide staff with alternative direction.
Respectfully submitted,
Doug Evans Assistant City Manager — Development Services
.W_„ 3Z
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Golf Course Irrigation Design Services Request for Proposal
ATTACHMENT 1
LA QUINTA REDEVELOPMENT AGENCY
REQUEST FOR PROPOSAL
FOR
SilverRock Resort —PHASE II
GOLF COURSE IRRIGATION DESIGN SERVICES
GENERAL INFORMA TION
The La Quinta Redevelopment Agency (RDA) is requesting proposals from Professional Golf Course
Irrigation Design firms to provide schematic design, design development, and to prepare full construction
plans, specifications, schedules and cost estimates for Phase II SilverRock Resort 18 hole golf course
irrigation improvements. The Phase II improvements include the installation of the "backbone"
infrastructure; on -site street improvements; vehicular, pedestrian, and golf cart bridges and undercrossings;
the permanent clubhouse; an 18 hole golf course; primary and secondary entry features; a passive park; and
project support facilities.
The designer shall be responsible for the design of the Irrigation System for the new 18 hole resort golf
course.
PROJECTBACKGROUND
In July 2002, the RDA purchased 525 West of Jefferson Street between Avenue 52 and Avenue 54. Now
known as SilverRock Resort, the RDA's goal is to develop a premier golf -oriented resort community that
encompasses two 18-hole golf courses, resort and boutique hotels, passive recreation and resort oriented
commercial uses.
GMA International completed the Conceptual Master Plan and Development Program for this property,
which was approved by the Redevelopment Agency Board on May 6, 2003. The Master Plan includes a
preliminary routing plan for both golf courses, entry roads, and identifies future Golf Clubhouse, hotel and
commercial sites. The master plan also includes a Phasing Plan (Refer to Exhibit C—Project Phasing
Plan). Actual parcel configurations indicated on this exhibit are subject to change or modification by the
RDA.
A Specific Plan and environmental approvals have been secured to develop the following uses on
SilverRock Resort: a 225-room boutique hotel with a 10,000 square foot conference center; 410 room
resort hotel; two 18-hole public golf courses with a driving range; a 35,000 square foot clubhouse; a
passive park; and 81,000 square feet of ancillary tourist commercial uses. Additional approved uses entail
passive open space, trails, and view corridors.
Phase I development included the mass grading of the overall site, the first golf course, perimeter
streetscapes, and temporary clubhouse, permanent maintenance facility, entry features and related
infrastructure are currently complete and operational.
PROJECT LOCATION
The SilverRock Resort is located in the City of La Quinta, California, southwest of the intersection of
Avenue 52 and Jefferson Street. Avenue 52 borders the entire northern edge of the site, with Jefferson
Street being the eastern project boundary. The project site is directly adjacent to the private golf
,M _ 3 4
communities of the Citrus (north of Avenue 52); The Hideaway (east of Jefferson Street); The Tradition
(west of the Project site); and PGA West (directly south of Avenue 54). The western most portion of the
site is situated at the base of the Coral Reef Mountains. (Refer to Exhibit `A', Regional Location Map;
Exhibit `13% Project Location Map; and Exhibit `C', Project Phasing Plan.)
PROJECT DESCRIPTION
The RDA's goal is to develop premiere hospitality and golf venues that become must -see destinations in
the Coachella Valley. The final development will be crafted as if it had evolved over time by melding the
rich hues of the desert and strong architectural elements inspired by the site with rusticated materials.
The RDA has discussed the proposed architectural style as one that captures a sense of lightness and
beauty that's found in styles similar to a California Colonial or other southwest Spanish look or theme,
keeping with the charm and character of the City of La Quinta.
The RDA approved a Master Plan for the project in May 2003. The Master Plan and Specific Plan set
forth a preferred site development program and plan that will guide the precise planning processes. GMA
International prepared the Master Plan and associated documents. Their work will be available to the
selected organization.
Additional information may be found at the project website: www.SilverRock.org
PROPOSAL INFORMATION
As the Project Manager of the RDA's SilverRock Resort, Phase I1, Golf Dimensions is managing and
coordinating the Request for Proposal process for the procurement of the Golf Course Irrigation Designer
for the preparation of the schematic, design development, and construction plans and specifications. Golf
Dimensions may be contacted at:
GOLF DIMENSIONS
3 Park Plaza, Suite 1490
Irvine, CA 92614
Ann.: Robert E. Jones, ASLA
PH: (949) 476-2246
FX: (949) 476-8520
Email: rjones@projectdimensions.com
The RDA wants to insure sufficient information exchange prior to proposal preparation to minimize
wasted effort by interested firms during the proposal preparation. As such, the RDA encourages open
communication. Questions and inquiries regarding the Request for Proposal should be submitted in writing
to Golf Dimensions at the above address, via facsimile or email. Golf Dimensions will respond promptly
either in writing or verbally upon receipt of the inquiry. The RDA reserves the right to distribute questions
and responses to all firms in receipt of the Request for Proposal.
FORMAT FOR RFP RESPONSES
Firms submitting proposals are encouraged to keep their proposal brief (not to exceed 25 pages) and
relevant to the specific services requested.
Both a "Work Proposal" and a "Cost Proposal" shall be submitted in separate envelopes. Firms
submitting proposals are required to adhere to the following format in their proposals;
1) WORK PROPOSAL
A) COVER LETTER
i) The name, address and phone number of the contact person for the remainder of the selection
process.
ii) General company information including location of company headquarters and any branch
offices, number of years in business, company organization, staff size and titles/positions.
iii) Any qualifying statements or comments regarding the proposal and relevant to the information
provided in the RFP or the proposed contract.
iv) Statement regarding what makes your organization unique to other proposers and why you
should be selected.
v) Description of staffing configuration (organizational chart) to be utilized on the project, along
with resumes of proposed key personnel.
vi) If any subcontractors are to be used in the performance of this project, they must be identified
with a description of the work for which they will be responsible, a company
profile/background, and resumes of the key personnel who will be participating on the project.
B) PROJECT UNDERSTANDING AND APPROACH
i) A narrative that details your understanding of the project and how the organization will
approach the requested services.
C) RELEVANT
i) Relevant experience of the firm on projects similar in scope and magnitude. Experience
working on Golf Resort projects, preferably in the Coachella Valley and southwest desert
environment.
ii) Relevant experience of the staff members who will be assigned to the project, including
resumes and experience working on projects of similar scope and magnitude.
iii) A description of the firm's current workload with a discussion of how this project would be
incorporated into the firm's work schedule.
iv) A minimum of three (3) client references on recent projects of similar scope and nature,
preferably in California desert environments. Briefly describe the duration and nature of the
contract, the scope of work, for whom the work was performed and the name of an individual
contact directly involved in the management of the contract, their contact phone number and
address.
D) SCOPE OF SERVICES r r.
.. 3�
i) A description of the tasks, sub tasks, and specific deliverables that will be provided.
E) INSURANCE
i) Limits of General Liability and Professional Liability Insurance. Refer to the attached "Draft"
Professional Services Agreement.
F) AFFIRMATIVE ACTION
i) Statement on firm's policies in regard to affirmative action.
2) COST PROPOSAL
A) COST PROPOSAL
i) A detailed cost proposal for all services and materials is required including the direct and
indirect rates (with overhead) and percent of profit anticipated in completing the services as
outlined in this RFP.
ii) Rate/fee structure and desired schedule of compensation in relation to task completion schedule.
Fees are to be broken down by phase of work as described within the Scope of Work and shall
include a not -to -exceed budget for reimbursable expenses.
iii) Current hourly rate sheet.
iv) Man hours and extended billing rates per classification of personnel shall be indicated for each
defined task.
RIGHT OF REFUSAL
This request is for professional services. The RDA reserves the right to refuse any or all proposals without
cause. Proposals will be considered only in their entirety. The RDA also reserves the right to reject all
proposals if they are deemed unsuitable to meet the RDA's needs. Late or incomplete proposals will not be
considered, and the RDA reserves the right to determine the completeness of all requests for proposals.
The successful firm must execute the Professional Services Agreement (PSA) prior to the RDA
consideration of the contract. Failure to do so shall be cause for the RDA to terminate contract
considerations.
COST OF PROPOSAL PREPARATION
The interested firm(s) is responsible for any costs incurred by them or their subcontractors, in responding
to the Request for Proposal.
OTHER REQUIREMENTS
The RDA reserves the right to negotiate the specific requirements and costs using the selected proposal as
a basis for negotiations.
SITE REVIEW
Firms interested in touring the site prior to submitting their proposal must contact Golf Dimensions by 5:00
p.m.. October, 4 2007,
RELATED DESIGN SCOPES
Management of the design and construction process for SilverRock Phase II will be handled on a day-to-
day basis by Golf Dimensions, hereinafter known as the "Project's Manager." The Designer will perform
the scope of services as described on the following pages in conjunction with a design consultant team
under the management of the Project Manager. Golf Dimensions, working under the direction of the RDA,
will function as the central point of contact for the consultant team and will be responsible for the
coordination and management of the project. Therefore, all communications, correspondence, distribution
of plans, etc. will commence solely through Golf Dimensions.
Other design team members and their associated project responsibilities which Golf Dimensions or the
RDA will secure for the project will consist of the following:
1. Golf Course Architect -responsible for developing the plans and specifications for the
golf course. The Golf Course Architect will be primarily responsible for developing the
golf course routing and the overall landscape concept. The Golf Course Architect will
coordinate with the Landscape Architect to ensure that the landscape concept is carried out
within the landscape plans and specifications. The Golf Course Irrigation Designer will be
responsible for the golf course irrigation plans with the exception of any ornamental
landscape or revegetation areas which will be the responsibility of the Landscape
Architect.
2. Clubhouse Architect _ responsible for developing the design plans and specifications,
along with providing construction monitoring for the clubhouse.
3. Civil Engineer _ responsible for providing the necessary civil design plans and
specifications, including the review, analysis, and registered civil -stamped approval of the
construction documents for the golf course grading and drainage design as provided by the
Golf Course Architect. Preparation of the grading and drainage plans for the facilities that
incorporate the review of other grading and drainage concepts in areas of ornamental
landscape and revegetation by the Landscape Architect, and preparation of the erosion
control plan to be utilized throughout the project during construction. (Note: the Golf
Course Architect' will incorporate the Civil Engineer's design recommendations for
grading and drainage within the golf course envelope as agreed upon between the Golf
Course Architect and the Civil Engineer)
4. Landscape Architect — responsible for the design of all landscape, irrigation, landscape
lighting, walls, fencing, gates, site furnishings, flatwork, and related hardscape
improvements for the on site streetscapes, right-of-way areas, permanent clubhouse, golf 3
course landscape areas, passive park, common areas, CVWD well sites (3), resort interfacep V
areas and project entry areas. The landscape architect shall be responsible for maintaining
the "RDA's Vision" for all aspects of Phase II design and for making recommendations in
regard to the aesthetic character and quality of the various design elements, ie: plant
palette, building materials, site furnishings, design features, after features, signage,
common landscape areas and areas of interface with the private hotel/resort developments.
5. Lakes & Water Features Designer — responsible for developing the lake(s) and water
feature(s) design plans and specifications, based upon the concept layout provided by the
Golf Course Architect and Civil Engineer (Hydrology). The Golf Course Architect will
provide horizontal and vertical control of the lake(s) and water feature(s), and the Lake
Designer will then develop the necessary plans and specifications for construction.
6. Additional Design Consultants — Additional team members associated with the project
contracted with the RDA or their Consultants include:
• Electrical Engineer
• Soils Engineer
• Agronomist
Structural Engineer
• Irrigation Designer (non -golf)
SCOPE OF WORK
The following tasks shall be performed by the Golf Course irrigation Designer in the preparation of the
design and construction plans and specifications for the Phase II 18 hole golf course irrigation system.
(Refer to exhibit `D' Phase II Components.)
1.0 Schematic Design Phase (2008)
The following identifies the scope of work associated with the development of the schematic
design plans and specifications for the proposed golf course irrigation system and related
improvements. In addition to the scope of work described below, the designer will be available to
respond to all reasonable requests by the Project Manager, on behalf of the RDA for meetings and
correspondence.
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) the schematic design phase
shall be performed from November 2007, through January 2008.
The Schedule of Performance indicates an approximately 23 month period from the completion of
the schematic plans to the start of the design development and construction documents.
1.1 Existing Project Documentation Review
1.1.1 The Designer shall review existing project information and analyze it to determine
issues, problems, findings and problem resolutions that could be relevant to the
project design and construction. Existing documents available for review include:
• Phase I Plans & Construction Documents .6.u 3 Q
• Current Phase II Plans and Construction Documents
• Engineering Base Information
• Site Topography Map / Aerial Survey
• Completed Phase I Installations (on -site review)
1.1.2 Review the conceptual lake system plans as proposed and provide preliminary
irrigation design guidelines for coordination with the Lake Designer.
1.1.3 Provide any suggestions that may create a more economical solution to the golf
course irrigation systems, without compromising the systems preformance.
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 Designer's product.
• Project budget.
• Project schedule.
1.3 Site Review
1.3.1 The Consultant shall attend a site review meeting with the Project Manager and
other design team members to review existing Phase I conditions, and visit and
analyze the proposed project site.
1.3.2 Study the existing site to obtain a thorough understanding of all turfgrass irrigation
requirements.
1.3.3 Study existing water sources, proposed water storage facilities, site elevations and
water requirements, including the possible utilization of existing nuisance
groundwater.
1.4 Conservation Requirements • V a , 4 0
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. Consultant shall coordinate with CV WD to determine
all plan ad submittal requirements.
1.5 Schematic Plans
The Consultant shall prepare Schematic Plans, including conceptual designs identifying
the following:
1.5.1 Prepare preliminary water demand analysis.
1.5.2 Prepare a preliminary sprinkler layout and main line routing utilizing the proposed
golf course routing plan provided by the golf course architect.
1.5.3 Determine appropriate irrigation system design concepts. Prepare complete head
and piping design of four (4) typical holes of a golf course reflecting proposed
irrigation design concepts which would influence the ultimate construction costs
of a new irrigation system. Develop an approximate location, sizing, and quantity
of field satellite units with the communication method for same four holes.
1.5.4 Compare preliminary water projections against planned water availability.
Analyze the proposed irrigation water supply for the ability to accommodate peak
period requirements based on the current delivery.
1.5.5 Identify the pumping facility requirements and distribution pipe routing and
sizing, for hydraulic requirements and preliminary peak demand flow -rates.
1.5.6 Simulate water distribution of various heads anticipated in the final design of
irrigation system. Utilize a computer program for test data to determine water
distribution and uniformity of applicable irrigation heads by spacing, nozzle size,
and pressure.
1.5.7 Requirements of the other team members directly related to the lake system. Most
importantly, identify the site hydrologic requirements and constraints.
1.5.8 Project budgets and schedules.
2.0 Design Development Phase (2010)
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, as
further defined by the RDA prior to initiation.
2.1 Basesheets Ms.. J Y l
The Consultant shall prepare basesheets based upon the Golf Course Architect or project
Civil Engineer -provided horizontal control base information in a standard working
drawing format as required by the RDA.
2.2 Design Development Plans
The Consultant shall prepare Design Development Plans and details as needed for all
components of Phase II, and identify all materials, sizes, quantities, performance
standards, etc.
2.2.1 Provide criteria regarding turfgrass water requirements, potential water sources,
power requirements and power locations.
2.2.2 Detailed information based on this preliminary design, for electrical services
requirements and equipment locations to aid the design team in the development
of the overall project power requirements.
2.2.3 Provide an annual water use projection to be used in the evaluation of existing
water sources, existing well data and pumping requirements, to include all golf
course areas.
2.2.4 Determine turfgrass and landscape crop coefficients, estimated management
factors, and anticipated irrigation distribution uniformity to determine net monthly
system water requirements. Indicate by hole, the total season water requirements
in gallons and acre-feet, as well as peak flow demand. Develop detailed monthly
projections by turfgrass type (list per month) throughout the year indicating net
application rate, monthly usage, and total yearly requirement.
2.2.5 Provide color renderings showing sprinkler coverage.
2.2.6 Provide complete turfgrass irrigation system pipe routing, sizing and flows
2.2.7 Prepare a distribution hydraulic network analysis model identifying proposed
distribution piping by node and pipe section. Include pertinent data such as
elevations, demand nodes, hydraulic grades, and pressure regulating valve
locations (if required).
2.2.8 Identify total material required for installing the preliminary distribution network
and corresponding irrigation design drawings to estimate probable construction
costs of the final irrigation system. Utilize typical fairway designs to project the
final quantities of the completed irrigation system.
2.2.9 Prepare a preliminary "Estimate of Probable Cost' of construction of the golf
course irrigation system at the completion of Design Development Phase of work.
2.2.10 Attend a minimum of (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 golf course
irrigation design by related team members. Other meetings will be held to present
general recommendations relevant to the golf course irrigation design and to
present the first preliminary "estimate of probable costs" of construction for the
golf course irrigation system.
3.0 Construction Document Phase'(2010)
After approval by the RDA for the Design Development Plans, the Consultant shall prepare
Construction Document Plans in sufficient form and detail to facilitate the construction
implementation.
3.1 Basesheets
Update basesheets based upon information provided by the project Civil Engineer,
Landscape Architect, Clubhouse Architect, Golf Course Architect, and various design
consultants.
3.2 Construction Document Plans
3.2.1 Provide the design criteria for the pump station building(s) with specific size and
construction recommendations.
3.2.2 Provide points of connection for future landscaping needs.
3.2.3 Prepare construction drawings for the irigation system using AutoCAD. Consider
the character of the course, exposure, topography, turf types, maintenance
requirements, and soil conditions. Utilize the results of the preliminary design
analysis and design development strategies.
3.2.4 Prepare detailed construction drawings of the hydraulic distribution piping
network, including routing, sizing, and isolation valve locations.
3.2.5 Prepare control system drawings for the control system equipment and indicate the
locations of field satellite units and limits of service, central computer, weather
station, and communication cable routing.
3.2.6 Develop irrigation construction details for appropriate components as necessary to
communicate intent of the design and identify the components of the installed
irrigation equipment assemblies, including sprinklers, piping system, control
system, and wiring.
3.2.7 Assemble project manuals to incorporate the irrigation system and pumping
facility, technical specifications, supplemental unit pricing, and general hand
special conditions. t
3.2.8 Be available for up to four (4) meetings with the project manager, the RDA, and
RDA staff.
3.2.9 Provide updated budget projections to verify that the proposed design is
commensurate with the RDA's construction budget. The construction cost
estimate will update the estimate prepared during the design development phase.
This estimate will also be prepared in a spreadsheet format, to include any and all
items covered in the lake system Scope of Work and will be prepared in the same
format as the lake system bid sheets to allow for easy comparison to bids at the
time of contractor selection.
4.0 Construction Cost Estimates
Prepare Construction Costs based upon the approved designs. 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 construction item.
5.0 Construction Specifications
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.
6.0 Value Engineering
Provide value engineering services directly related to their scope of work, and in conjunction with
other design team consultants. The Consultant will evaluate and incorporate where agreed as
applicable, the value engineering provided by other design consultants. The Contractor 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 related to the
project.
7.0 Team Interface
The Consultant will interface with other design team consultants through the Project Manager by
incorporating other design plan concepts as they relate to the landscape architectural plans and
specifications.
The Consultant will provide progress plan drawings as deemed necessary during the 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 mear.j �f (* �g
highlighting or clouding.
The Consultant will be responsible for providing reviews and comments for other design team
consultant plans (i.e., Golf Course Architect, Civil Engineer, Lakes & Water Features Designer,
Facility Architect, Private Hotel Design Team, etc.) for consistency throughout the project.
8.0 Biddine 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 G.C. Irrigation System Design scope of work in the form of written
clarifications or revisions to plans and specifications as appropriate.
• Provide assistance reviewing Contractor bids.
9.0 Construction Process
Throughout the construction of Phase II the Consultant will provide construction support,
including field and office services to include the following;
9.1 Pre -Construction Kickoff Meeting
Attend pre -construction kick-off meetings, at the job site, with the Contractor and the
Project Manager, to review the site conditions and to discuss key construction processes
relating to the Golf Course Irrigation scope of work.
9.2 Submittal Review
Review pertinent submittals for the Golf Course Irrigation System improvements within
the construction documents and provide approvals, rejections, or requests for additional
information (as required).
9.3 Material Review
Review quality of materials (as delivered to the site) and provide approvals, rejections or
requests for additional material (as required).
9.4 Request for Information Response
Provide responses to Contractor and Project Manager issued Requests for Information in
regards to clarification for Golf Course Irrigation System improvements and provide
design clarification or redesign (if necessary). „,
9.5 Construction Observation
9.5.1 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 the site visits to review construction
progress on the Golf Course Irrigation System improvements.
9.5.2 Field observations of the irrigation construction will be conducted during each
field visit to verify proper system installation and coordinate related construction.
Visual inspections of the contractor's work will include head spacing, thrust
blocking, fitting installation, controllers, wire splices, and other relevant items.
9.6 Project Close -Out
9.6.1 At the completion of the construction process, coordinate with the Project
Manager for the preparation of a "punch list" which identifies the remaining
Contractor responsibilities in order to complete the project to the satisfaction of
the contract.
9.6.2 Schedule and conduct a preliminary walk-through with the Contractor to review
the irrigation installation and system operation. Walk-through will consist of a
physical and operational walk-throughs. Activating each station electronically
during the operational portion of review, and check each head for proper operation
and arc adjustment. Review all above grade equipment and below grade valve box
components during the physical portion of walk-through. Prepare a "Punch List"
of all items that require corrections by the Contractor before final acceptance is
granted.
9.6.3 Conduct a final walk-through with the Contractor to insure that the installation is
complete, all necessary corrections or adjustments have been made, and that all
equipment and maintenance manuals have been provided.
9.6.4 Utilizing GPS or Total Station survey equipment, continuously map throughout
the construction phase the locations of all sprinklers, valves, controllers, and wire
splices.
9.6.5 From a construction staking survey, produce feature analysis indicating area in
square feet for each golf feature including greens, tees, fairways, roughs,
landscape areas, and water features. Produce record drawings indicating each of
these specified areas by golf hole. Include lined measurement and outline the cart
paths and water features.
9.6.6 Prepare final record drawings of the golf course irrigation system. Record
drawings will be in AutoCAD format provided on vellum plot and include "As-
builts" Mechanical, Electrical, Communication, and Control Wiring Sequence
drawings.
c.
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9.6.7 Provide the owner's representative with all relevant maintenance and operations
manuals of irrigation equipment.
9.6.8 Prepare colored version of the record drawings (laminate in plastic) for use in the
Golf Course Superintendents office.
9.6.9 Prepare individual field satellite unit drawings and plot from the final record
drawings to indicating station and area served by each satellite unit. Bind in 3 ring
binder to provide a field set of all record information.
9.6.10 A final inspection and walk through will be provided to ensure the irrigation
contractor has completed the project per the final irrigation design and
construction documents. A "punch list" will be prepared and provided to the
owner for distribution to the golf course contractors.
9.6.11 Prepare Computer Generated Final Construction Drawings. This plan will include
locations of all sprinklers, valves, drains, piping, controllers and measurements.
9.6.12 Provide an Interactive Electronic GPS Mapping and final layout report (Cirrus or
TMAP).
9.6.13 Provide set-up, programming, and training for golf course irrigation personnel. A
minimum of 8 hours of training will be provided for all designated golf course
personnel.
9.7 Post -Construction Evaluation and Inspection
The Consultant will participate in post -construction job walks prior to the expiration of the
Contractor's maintenance for a one-year guarantee period.
10.0 As -Built Documentation Preparation
10.1 The Consultant shall prepare Record Drawings (as-builts) of the golf course irrigation
system 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.
10.2 Following completion of each hole grading and shaping, a survey of all new golf course
features including greens, tees, fairways, bunkers, cart paths and trees. Design an
irrigation system for each constructed hole to include heads, laterals, and programming.
Irrigation "Heads" layer of Auto CAD drawing file will be downloaded into total station
survey equipment, and heads locations will be surveyed from the AutoCAD design.
Staking will include sprinkler heads, controllers, specialty valves, quick couplers, and any
other relevant items. Perform staking of all turfgrass irrigation heads. A staking report
will be sent after each visit accounting for work in progress, work completed, and variance
from design. �p..v (t i
10.3 Distribute to Contractor "As -Surveyed" drawings within 48 hours from surveying the
heads, including field adjustments (if necessary), routing of distribution piping, and
location of field satellite units.
11.0 Meetines. Presentations and Site Visits
11.1 Design Process
The design process is anticipated to occur over an approximate twelve (12) month period,
during which the design team will meet regularly to review design progress and 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 with the RDA.
11.2 Design Presentations
The Consultant shall participate in presentations of the project milestones and other
methods of communication sufficient to clearly articulate the project concept, various
features of the project, and design emphasis, and other information to ensure consistency
with the goals and objectives for the project.
11.3 Construction Process
During the construction of the Phase II, the Consultant will attend site meetings and make
site reviews (as necessary) to review the work progress.
The construction process is anticipated to occur over an approximate twelve (12) month
period.
11.4 Post Construction Process
The Consultant will provide a post construction site visit as described herein.
.� U
SUBMITTAL PROCEDURES
Both a WORK PROPOSAL and a COST PROPOSAL as described herein are to be submitted in
SEPARATE ENVELOPES, clearly marked with the consultant's name, address and phone number.
Work Proposals are to be submitted in the envelope marked "Work Proposal' and Cost Proposals are to
be submitted in the envelope marked "Cost Proposal."
Ten (10) proposal packages (Work Proposal Envelope & Cost Proposal Envelope) are due by 1:00 p.m.,
October H. 2007, and delivered to:
Debbie Powell, Management Analyst
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Questions and inquiries regarding the Request for Proposal should be submitted in writing to Golf
Dimensions, via facsimile or email. Golf Dimensions will respond promptly either in writing or verbally
upon receipt of the inquiry. All questions and inquiries must be received by Golf Dimensions, prior to
5:00 p.m., October 8, 2007, in order for a response to be provided.
The RDA's Technical Team will review and rank the Work Proposals submitted. The committee will
select the consultants for interviews based upon the materials submitted in the work proposal and the
ranking following the review process. The committee will interview selected firms and re -rank the firms
following the interview process. Only after the ranking process is complete will the Cost Proposal be
opened.
The committee will negotiate a contract with the top ranked firm that will then be considered for approval
by the La Quinta Redevelopment Agency Board.
The successful firm will be expected to enter into the attached Professional Services Agreement (PSA).
(Refer to sample Professional Service Agreement, attached). Any exceptions, comments, or modifications
to the PSA requested by the proposing firm must be clarified in writing as part of the firms proposal.
C
SELECTION SCHEDULE
The tentative Project schedule is as follows:
Issue Request for Proposals
September 19, 2007
Proposal Due
October 11, 2007
Oral Interviews
October 25, 2007
Agency Board Consideration
November 6, 2007
Start Activities
November 7, 2007
This solicitation does not commit the La Quinta Redevelopment Agency to award a contract, to pay any
cost incurred with the preparation of a proposal, or to procure or contract for services or supplies. The La
Quinta Redevelopment Agency reserves the right to accept or reject any or all proposals received in
response to this request, to negotiate with any qualified source, or cancel in whole or part this proposal
process if it is in the best interest of the Agency to do so. Subsequent to contract negotiations, prospective
consultants may be required to submit revisions to their proposals. All proposers should note that any
contract pursuant to this solicitation is dependent upon the recommendation of the Agency staff and the
approval of the Agency Board.
ATTACHMENTS
The following exhibits and documents are attached for reference purposes, as referred to herein:
1. Exhibit `A'
Regional Location Map
2. Exhibit `B'
Project Location Map
3. Exhibit `C'
Project Phasing Plan
4. Exhibit `D'
Phase II Components
5. Exhibit `E'
Project Schedule
6. Professional Services Agreement (Sample Contract)
.a.J 50
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Last Revised 1-19-07
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the LA QUINTA REDEVELOPMENT AGENCY
("Agency"), and ("Consultant"). The parties hereto agree
as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to
, Project No. , as specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference (the
"services" or "work"). Consultant warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards
prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the Agency of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by Agency, Consultant shall
immediately inform Agency of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer
(as defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable methods during the life
of the Agreement to furnish continuous protection to the work performed by
Consultant, and the equipment, materials, papers and other components thereof to
prevent losses or damages, and shall be responsible for all such damages, to
persons or property, until acceptance of the work by Agency, except such losses
or damages as may be caused by Agency's own negligence. The performance of
services by Consultant shall not relieve Consultant from any obligation to correct
any incomplete, inaccurate or defective work at no further cost to Agency, when
such inaccuracies are due to the negligence of Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills
and abilities and that, consistent with this understanding, Consultant's services and
work will be held to a heightened standard of quality and workmanship. Consistent
with Section 1.4 hereinabove, Consultant represents to Agency that it holds the
necessary skills and abilities to satisfy the heightened standard of work as set forth
in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the
Scope of Services when directed to do so by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without
compensation. Any addition in compensation not exceeding five percent (5%) of
the Contract Sum may be approved by the Contract Officer. Any greater increase
must be approved by the Agency Board.
1.7 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the
"Special Requirements"). In the event of a conflict between the provisions of the
Special Requirements and any other provisions of this Agreement, the provisions of
the Special Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed
Dollars ($ ) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment in
accordance with the percentage of completion of the services, payment for time
and materials based upon Consultant's rate schedule, but not exceeding the
.a...,, .. 5 i
Contract Sum, or such other methods as may be specified in the Schedule of
Compensation. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense,
and similar costs and expenses when and if specified in the Schedule of
Compensation.
2.2 Method of Payment. Any month in which Consultant wishes to
receive payment, Consultant shall submit to Agency no later than the tenth (10th)
working day of such month, in the form approved by Agency's Finance Director, an
invoice for services rendered prior to the date of the invoice. Such invoice shall (1)
describe in detail the services provided, including time and materials, and (2)
specify each staff member who has provided services and the number of hours
assigned to each such staff member. Such invoice shall contain a certification by a
principal member of Consultant specifying that the payment requested is for work
performed in accordance with the terms of this Agreement. Agency will pay
Consultant for all expenses stated thereon which are approved by Agency pursuant
to this Agreement no later than thirty (30) days after invoices are received by the
Agency's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in
Exhibit "C" (the "Schedule of Performance"). Extensions to the time period
specified in the Schedule of Performance may be approved in writing by the
Contract Officer.
3.3 Force 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.
3.4 Term. The term of this agreement shall commence on , _,
200 and terminate on I _ 200_0nitial term►. This agreement may
be extended for additional year(s) upon mutual agreement by both parties
(extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8
of this Agreement, this Agreement shall continue in full force and effect until
completion of the services, except as otherwise provided in the Schedule of
Performance.
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant
authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing principals were a substantial inducement for
Agency to enter into this Agreement. Therefore, the foregoing principals shall be
responsible during the term of this Agreement for directing all activities of
Consultant and devoting sufficient time to personally supervise the services
hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be
or such other person as may be designated by the Agency's Executive Director. It
shall be Consultant's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Consultant shall
refer any decisions, which must be made by Agency to the Contract Officer.
Unless otherwise specified herein, any approval of Agency required hereunder shall
mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for Agency to enter into this Agreement. Except as
set forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of Agency. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without
the prior written approval of Agency.
v
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
.a.. 6
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
Agency nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to Agency of proposed cancellation. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of Consultant's obligation to indemnify Agency, its officers, employees,
contractors, subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless Agency and any and all of its officials, employees and agents
("Indemnified Parties") from and against any and all claims, losses, liabilities of
.a.. 6 4
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, to the extent same are cause in
whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or subconsultants (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements,
the Consultant shall not be liable for any injuries or property damage resulting from
the reuse of the design at a location other than that specified in Exhibit C without
the written consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless Agency, and any and all
of its employees, officials and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses) incurred in connection therewith and
costs of investigation, where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of Agency to monitor compliance with these
requirements imposes no additional obligations on Agency and will in no way act as
a waiver of any rights hereunder. This obligation to indemnify and defend Agency
as set forth herein is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of Agency under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless Agency for liability
.w " 62
attributable to the active negligence of Agency, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of
the liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of Agency.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless Agency and Agency's
agents, officers, officials, employees, representatives, and departments
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, that arise out of, pertain to, or
relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies Agency may have if
Consultant fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, Agency may, at its
sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
C�
.6, U, CU
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies Agency may have. The above remedies are not the exclusive remedies
for Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of work
under this Agreement.
5.4 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and Agency agree to the following with respect to
insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds Agency, its
officials, employees and agents, using standard ISO endorsement No. CG 2010
with an edition prior to 1992. Consultant also agrees to require all contractors,
and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against Agency regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to Agency and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
.p.- 0 6 Y
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the Agency, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect Agency's
protection without Agency's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Consultant's general liability policy, shall be
delivered to Agency at or prior to the execution of this Agreement. In the event
such proof of any insurance is not delivered as required, or in the event such
insurance is canceled at any time and no replacement coverage is provided, Agency
has the right , but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium.
Any premium so paid by Agency shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at Agency option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30)
days notice to Agency of any cancellation of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation imposes no
obligation, or that any party will "endeavor" (as opposed to being required) to
comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Consultant or any subcontractor, is
intended to apply first and on a primary, non-contributing basis in relation to any
other insurance or self insurance available to Agency.
10. Consultant agrees to ensure that subcontractors, and any other
party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to Agency
for review.
11. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein and further
agrees that it will not allow any contractor, subcontractor, Architect, Engineer or
other entity or person in any way involved in the performance of work on the
project contemplated by this agreement to self -insure its obligations to Agency, If
Consultant's existing coverage includes a deductible or self -insured retention, the
deductible or self -insured retention must be declared to the Agency. At that time
the Agency shall review options with the Consultant, which may include reduction
or elimination of the deductible or self -insured retention, substitution of other
coverage, or other solutions.
12. The Agency reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Agency will
negotiate additional compensation proportional to the increased benefit to Agency.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of Agency to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on Agency nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
Agency, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until Agency executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to Agency within
five (5) days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
Agency, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
46. C
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and
distinct from any other provision in this agreement and are intended by the parties
here to be interpreted as such.
20. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge
Agency or Consultant for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to Agency. It is
not the intent of Agency to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against Agency for payment
of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to Agency of any claim or loss
against Consultant arising out of the work performed under this agreement.
Agency assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve Agency.
6.0 RECORDS AND REPORTS.
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required
by this Agreement as the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the
Contract Officer to evaluate the cost and the performance of such services. Books
and records pertaining to costs shall be kept and prepared in accordance with
generally accepted accounting principals. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to
inspect, copy, audit, and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications,
reports, records, documents and other materials, whether in hard copy or electronic
form, which are prepared by Consultant, its employees, subcontractors and agents
in the performance of this Agreement, shall be the property of Agency and shall be
delivered to Agency upon termination of this Agreement or upon the earlier request
of the Contract Officer, and Consultant shall have no claim for further employment
or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Consultant shall cause all
subcontractors to assign to Agency any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall
indemnify Agency for all damages suffered thereby.
In the event Agency or any person, firm or corporation authorized by Agency
reuses said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, Agency hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
Agency, except as required by law or as authorized by Agency.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, Agency may take such
immediate action as Agency deems warranted. Compliance with the provisions of
this section shall be a condition precedent to termination of this Agreement for
.6 6 y
cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit Agency's right to terminate this Agreement without
cause pursuant to Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Consultant sufficient funds to compensate Agency for any losses, costs, liabilities,
or damages it reasonably believes were suffered by Agency due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Agency's consent or approval of any act by Consultant
requiring Agency's consent or approval shall not be deemed to waive or render
unnecessary Agency's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. Agency reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
.a 60,
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, Agency may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that Agency shall use reasonable
efforts to mitigate such damages), and Agency may withhold any payments to
Consultant for the purpose of setoff or partial payment of the amounts owed
Agency as previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees and costs of suit from the losing
party.
8.0 AGENCY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of Agency Officers and Employees. No officer or employee
of Agency shall be personally liable to Consultant, or any successor in interest, in
the event or any default or breach by Agency or for any amount which may
become due to Consultant or to its successor, or for breach of any obligation of the
terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or
her personal interest or the interest of any corporation, partnership or association in
which she or he is, directly or indirectly, interested, in violation of any State statute
or regulation. Consultant warrants that it has not paid or given and will not pay or
give any third party any money or general consideration for obtaining this
Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, creed, religion, sex, marital status, national
origin or ancestry in the performance of this Agreement. Consultant shall take
affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To Agency: To Consultant:
LA QUINTA REDEVELOPMENT AGENCY
Attention: Thomas P. Genovese
Executive Director
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92247-1504
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are
integrated into and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the
intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by so executing this Agreement the parties hereto
are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
LA QUINTA REDEVELOPMENT AGENCY
�4
as li � 4
Thomas P. Genovese, Executive Director Date
ATTEST:
Veronica J. Montecino, CMC, Agency Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
CONSUL
0
Name:
Date:
Last Revised 1-19-07
Exhibit A
Scope of Services
Last Revised 1-19-07
Exhibit B
Schedule of Compensation
Payment shall be on a "Fixed Fee" basis in accordance with the Consultants
Schedule of Compensation attached herewith for the work tasks performed in
conformance with Section 2.2 of the Agreement. Total compensation for all work
under this contract shall not exceed
($ ) except as specified in Section 1.6 - Additional Services of the
Agreement.
Last Revised 1-19-07
Exhibit C
Schedule of Performance
Consultants Project Schedule is attached and made a part of this agreement.
Consultant shall complete services presented within the scope of work contained
within Exhibit "A" in accordance with the attached project schedule.
w 7
Last Revised 1-19-07
Exhibit D
Special Requirements
.8,
Lai a •�
ate.. s
FM OF TtO
COUNCIL/RDA MEETING DATE: September 18, 2007 AGENDA CATEGORY:
ITEM TITLE: Approval of a Professional BUSINESS SESSION:
Services Agreement with Jacobsen/Hardy Golf CONSENT CALENDAR:
Course Design, Inc. for the Design of the
SilverRock Resort Second Golf Course STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve a Professional Services Agreement (Attachment 1) with Jacobsen/Hardy
Golf Course Design, Inc. for the design of the SilverRock Resort Phase II second
golf course, 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 $900,000 to $976,800, depending on the
timing of construction of the Golf Course. Currently, the demand for public golf is
being satisfied by existing Arnold Palmer Classic Course. However, once hotels are
constructed on SilverRock Resort, the demand for public golf will exceed the
capacity of the existing course. It is estimated that the existing course's capacity
will be exceed with the opening of the second hotel (the "Resort Hotel"). The
projected dates for the opening of the Resort Hotel ranges from 2010 to 2012.
This time range results in the need to allow for reasonable adjustments to the Fee
Schedule based upon when the project is completed.
In March 2007, Jacobsen/Hardy Golf Course Design, Inc. submitted their proposed
fee of $900,000 plus $100,000 reimbursable expenses, for a total proposed fee of
$1,000,000. Following negotiations, these fees were reduced to $800,000 plus
_w_fj 7 1
$100,000 reimbursable expenses, for a revised total of $900,000 (assuming a
2010 completion date).
Because of this phasing, a 6% per year cost of living increase of $76,800 has been
added to the Phase II services which are scheduled for 2010 through 2012 for a
revised total contract sum of $976,800. Should the design and construction
management of the second golf course be completed prior to this time period, a
savings to the Agency will occur.
The fixed fee budget includes:
Phase I: ($180,000)
Contract Execution ($80,000); Conceptual Design and Routing Plan Services
($80,000); and reimbursable expenses for Phase 1 ($20,000).
Phase 11: ($796,800)
Design development services ($134,400); construction document services
($268,800); field services ($268,800); course opening ($44,800) and reimbursable
expenses for Phase II ($80,000).
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 Golf Course design services will be charged to the "second golf
course" budget category.
BACKGROUND AND OVERVIEW:
In April 2003, the Agency received thirty-eight (38) proposals from golf course
design firms in response to the Agency's Request for Proposal (RFP) distributed on
March 18, 2003 for the design of the SilverRock Phase I golf course. The
Agency's Consultant Selection Committee interviewed fourteen (14) firms and
based on the interview process, four (4) firms were selected to interview with the
full Redevelopment Agency Board on May 30, 2003. Following the presentations,
the Agency Board ranked the firms as follows:
Palmer Course Design
Jacobsen/Hardy Golf Design, Inc.
John Fought Design
Gary Panks Associates
As a result of these firm's presentations, the Agency's Board selected Palmer
Course Design and entered into an agreement for the design of the first golf
course. The Palmer Classic course was completed and open to play in 2005.
Jacobsen/Hardy Golf Design, Inc. has previously provided golf course design
services for the Agency. Specifically, in 2001 when the Agency was considering
purchasing the Travertine site for its municipal golf course, the Agency hired
Jacobsen/Hardy to prepare a preliminary study and routing plan for golf courses at
the Travertine site. The Agency did not proceed with the purchase of that site and
instead purchased the SilverRock Resort property.
The Phase II SilverRock Resort improvements include the design and construction
of the second golf course.
The firm Jacobsen/Hardy Golf Course Design, Inc. was ranked very high as a result
of the Phase I golf course architect RFP process. Additionally, the Agency's past
experience working with this firm was positive. For these reasons, staff has
negotiated a contract for the design of the SilverRock Resort second golf course
without a second Request for Qualifications (RFQ), or required for Proposal (RFP)
process.
The Scope of Services is divided into five components, including:
1. Conceptual Design and Routing Plan Phase — In this phase the golf
course designer shall prepare conceptual golf course plans depicting various design
and routing options. The routing plan shall depict locations of the tees, greens and
fairway boundaries; water feature locations; clearances and setbacks; score card
and preliminary grading concepts.
2. Design Development Phase — In this phase the golf course designer
shall prepare a design development plan package which will refine the design
character of the golf course and refine concepts for the course grading, drainage,
r+ r
and grassing/seeding. Project specification and cost estimates will be prepared,
based on the RDA approved design development plans.
3. Construction Document Phase — In this phase the golf course designer
shall prepare plans, details and specifications in sufficient form and detail to
facilitate construction implementation of the proposed golf course improvements.
4. Contractor Bidding Phase — In this phase the golf course designer shall
provide assistance to the RDA and its project manager, including attending the pre -
construction meeting, provide clarifications during bidding, and assist in reviewing
submitted bids.
5. Construction Phase — Throughout the construction of the Phase II
components, the Golf Course Designer will provide construction support, including
field and office services required to verify substantial conformance by the
contractor to the requirements of the plans and specifications.
The attached golf course Design Schedule / Schedule of Performance (Exhibit "C")
indicates the golf course design services being initiated in two (2) phases:
Phase I: Conceptual Design and Routing Plan Phase
The Schedule of Performance indicates conceptual design beginning
September 2007, and concluding January 2008.
Phase II: Design Development; Construction Documents; and Construction Phase
The Schedule of Performance indicates an approximately 23 month period
from the completion of the conceptual design and routing for the golf
course, to the start of the design development plans and construction
documents. The design development plans for the golf course are shown
beginning May 2010, and concluding August 2010, and construction
documents are shown beginning August 2010, and concluding February
2011, when these components will be publicly bid. Construction is
scheduled to begin August 2011, and project completion/acceptance is
scheduled for December 2012. As noted above, the schedule could be
shorter and completed as early as 2010 if the Agency were to decide that
the public demand for the second course would be earlier than currently
anticipated.
The attached Professional Services Agreement has been negotiated by Agency
staff and Golf Dimensions. Due to time constraints, the attached Agreement is
.N . 8
subject to minor revisions to be approved by the Agency Executive Director and
Agency Counsel.
The following provisions of the contract should be noted:
1. Similar to the Palmer Course Design contract, the Jacobsen Hardy team
does not include engineers or licensed architects. They will be relying upon
Agency -hired engineers.
2. Similar to the Palmer Course Design contract, the agreement does not
contain the City's standard indemnity provisions. Instead, what was
negotiated is the reciprocal indemnity provisions which were used for the
Arnold Palmer contract.
3. Given the length of time between the execution of this contract and the
opening of golf course no. 2, a provision was added to allow the Agency to
cancel the contract immediately if either Mr. Jacobsen or Mr. Hardy are no
longer involved with the company for any reason. However, if the Agency
chooses to terminate the contract, it will no longer have the right to use the
names of the Consultant, Mr. Jacobsen, or Mr. Hardy in connection with
the design of the course.
4. Mr. Jacobsen and Mr. Hardy are required to attend the ground breaking and
grand opening events.
5. The four members of the design team (Mr. Jacobsen, Mr. Hardy, Mr.
Vanhoose, and Mr. Johnson) will have certain rights to play the golf course,
with up to a foursome, free of charge, subject to availability.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve a Professional Services Agreement with Jacobsen/Hardy Golf
Course Design, Inc. for the design of the SilverRock Resort second golf
course 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 Jacobsen/Hardy
Golf Course Design, Inc. for the design of the SilverRock Resort second
golf course; or
3. Provide staff with alternative direction.
.1w..�, 1 81
Respectfully submitted,
Doug Evan ssistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. PSA with Jacobsen Hardy Golf Course Design
ATTACHMENT 1
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 JACOBSEN/HARDY GOLF DESIGN, INC. ("Consultant"). The parties hereto agree
as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to the design of Golf No. 2
at SilverRock Resort, 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.
Consultant further represents that Peter Jacobsen, a member of Consultant's design
team, is a member of the Champion's Tour whose involvement with the facility is both
desired and anticipated by Owner to be of value in the full realization of the City of La
Quinta's golf course and objectives.
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 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 Consultant's services
required by this Agreement.
1.4 Familiarity with Work. Prior to completing the Preliminary Design Phase,
Consultant warrants that (a) it will have investigated and considered the work to be
performed, (b) it will have investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it will have carefully considered how the work
should be performed, and (d) it will fully understand the facilities, difficulties and
restrictions with respect to the performance of the work under this Agreement. The
Agency acknowledges that Consultant will, in part, be relying upon information provided
to it by Agency's engineering consultant, RBF Consulting. 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 with the work except at Consultant's risk until written instructions to
proceed are received from the Contract Officer (as defined in Section 4.2 hereof). If the
-a,1
8 J
Contract Officer directs Consultant not to proceed with the work, Consultant shall not be
liable for the delay.
1.5 Care of Work and Standard of Work.
a. Care of Work. Consultant shall adopt reasonable means during the term of
the Agreement to preserve the work Consultant is performing under this Agreement and
shall be responsible for any damages, to persons, the work or the property that is
caused by Consultant or Consultant's acts or omissions, until the work has been
completed pursuant to the terms of this Agreement, except Consultant shall not be
responsible hereunder for any loss or damages that may be caused by Agency's,
Agency's agents (other than Consultant) or Agency's employee's negligence. The
performance of services by Consultant shall not relieve Consultant from any obligation
to correct any incomplete, inaccurate or defective design 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 for professionals similar to
Consultant. 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 ten percent (10%) of the Contract Sum may be
approved in writing 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 Nine Hundred Seventy -Six Thousand
and Eight Hundred Dollars ($976,800) (the "Contract Sum"), except as provided in
Section 1.6. The method of compensation set forth in the Schedule of Compensation
shall include payment in accordance with the percentage of completion of the services
as is specified in the Schedule of Compensation. The Contract Sum is inclusive of
amounts paid in reimbursement for actual and necessary expenditures for reproduction
costs, transportation expense, telephone expense, and similar costs and expenses as
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, in the form approved by Agency's Finance
Director, an invoice for services rendered prior to the date of the invoice. Such invoice
shall describe in detail (1) the services provided since the last invoice, (2) the services
which are necessary to complete the phase, and shall specify the percentage of
completion of the applicable phase of work, and (3) 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. Within 14 days of receipt of the invoice,
the Contract Officer or his designee shall notify the Consultant if there is an issue with
regard to verifying the percentage of work completed or if there is a concern with some
other aspect of the invoice. The notice will, to the extent reasonable, identify what
information or correction is necessary to address the issue or concern identified in the
notice. If no such notice is given within the time period, the invoice will be presumed to
be adequate and will be forwarded to the Finance Department for payment. Once the
Contract Officer confirms the percentage of completion of the phase of work identified in
the request for payment, the Agency will pay Consultant for all fees and authorized
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 with written confirmation from _the Contract Officer that the request is
authorized for payment.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit "C" (the
"Schedule of Performance"). Additional extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer. The
parties recognize -that at the Agency's option, there may be a gap in the work on the
project after the Preliminary Design and Routing Plan Phase. The parties have
provided for such a gap though annualized fee adjustments as set forth in Exhibit "B".
3.3 Force Maieure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Consultant, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than Agency, and unusually
severe weather, if Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the forced delay when and if in his or her
judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement.
3.4 Term. The term of this Agreement shall commence on September _
2007. 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 as 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:
• Peter Jacobsen Principal/President
• Jim Hardy Principal/CEO
• Rex Vanhoose Senior Vice-President/Managing Architect
• Brian Johnson Design Associate
It is expressly understood that the experience, knowledge, capability, and
reputation of each of the foregoing principals and employees 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. In addition, Jim Hardy shall be required to certify
on all plans and designs submitted to the Agency that he has personally reviewed and
approves the plans and designs set forth in the submittal. Such certification is not
intended to create any individual liability for Jim Hardy to the Agency.
If at any time during the term of this Agreement, either Peter Jacobsen or Jim
Hardy ceases to be a principal in Consultant, the Agency shall have the right, but not
the obligation, to immediately terminate this Agreement. In such event, provided that
Agency has made all required payment prior to the termination, the Agency shall have
the rights to all work product produced as of that termination, and shall have the right to
fully utilize that work product, but shall not have the right to use the name of Consultant,
Peter Jacobsen, or Jim Hardy in connection with the Golf Course. If the Agency
chooses not to exercise its right of termination, it shall have the right to continue to
make full use of the work product produced by Consultant and to identify the work
product produced and the golf course build pursuant thereto as the work or design of
Consultant, the work or design of Peter Jacobsen, and/or the work or design of Jim
Hardy, provided that it has made all payments required by this Agreement.
4.2 Contract Officer. The Contract Officer shall be Thomas P. Genovese,
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 Assiqnment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for Agency to enter into this Agreement. Consultant shall not
contract with any other entity to perform in whole or in part the services required
hereunder without the express written approval of Agency. In addition, neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by
operation of law, without the prior written approval of Agency.
4.4 Independent Contractor. Neither Agency nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor of
Agency and shall remain at all times as to Agency a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any time
or in any manner represent that it or any of its agents or employees are agents or
employees of Agency.
4.5 Aaency 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 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:
Personal Injury/Property Damage Coverage
$2,000,000 per occurrence, $4,000,000 in the aggregate
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 agent, or anyone for whose acts any of them may be
liable, arising directly or indirectly out of or related to Consultant's performance under
this Agreement. If Consultant or Consultant's employees will use personal autos in any
way on this project, Consultant shall provide evidence of personal auto liability coverage
for each such person. The term "automobile" includes, but is not limited to, a land motor
vehicle, trailer or semi -trailer designed for travel on public roads. The automobile
insurance policy shall contain a severability of interest clause providing that coverage
shall be primary for losses arising out of Consultant's performance hereunder and
neither Agency nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
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, Consultants, or agents.
5.2 Indemnification.
The Consultant shall defend, indemnify and hold harmless the Agency, the City,
their officers, officials, employees, representatives and agents ("Agency Indemnitees")
from and against any and all actions, suits, proceedings, claims, demands, losses,
costs, and expenses, including legal costs and attorneys' fees, for injury to or death of
person(s) and/or for damage to property (including property owned by the Agency) to
the extent caused solely by the negligence or willful misconduct of Consultant, its
officers, anyone employed by Consultant, Consultant's agents or anyone for whose acts
Consultant may be liable.
In the event the Agency Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding in any way involving claims for which they are indemnified
pursuant to the preceding paragraph, then Consultant shall provide a defense to the
Agency Indemnitees, or at the Agency's option, reimburse the Agency Indemnitees their
reasonable costs of defense, including reasonable attorney's fees, incurred in defense
of such claim. In addition, Consultant shall be obligated to promptly pay any final
judgment or portion thereof rendered against the Agency Indemnitees arising out of
claims for which they are indemnified pursuant to the preceding paragraph.
The Agency shall defend, indemnify and hold harmless the Consultant, its officers,
principal, employees, representatives and agents ("Consultant Indemnitees") from and
against any and all actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death of person(s)
and/or for damage to property to the extent caused solely by the negligence or willful
misconduct of the Agency, its officers, anyone employed by the Agency, the Agency's
agents or anyone for whose acts Agency may be liable.
In the event the Consultant Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding in any way involving claims for which they are indemnified
pursuant to the preceding paragraph, then Agency shall provide a defense to the
Consultant Indemnitees, or at the Consultant's option, reimburse the Consultant
Indemnitees their reasonable costs of defense, including reasonable attorney's fees,
incurred in defense of such claim. In addition, the Agency shall be obligated to promptly
pay any final judgment or portion thereof rendered against the Consultant Indemnitees
arising out claims for which they are indemnified pursuant to the preceding paragraph.
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 take any one of the
following options, at its sole discretion:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement; or
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; or
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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 performance of work under this Agreement.
5.4 General Conditions pertaining to provisions or insurance coveidae L)v
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 the form of endorsement attached hereto as Exhibit "E".
2. All insurance coverage and limits provided by Consultant 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.
3. 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.
4. 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 Consultant.
5. 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.
6. 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.
7. 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.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant, is intended to apply first and on a
primary, non-contributing basis in relation to any other insurance or self insurance
available to Agency.
Intentionally deleted.
10. 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 Consultant, 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.
11. 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.
12. 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.
13. 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.
14. Consultant will use its best efforts to renew the required coverage
annually until the one-year anniversary of the opening Golf Course No. 2 at SilverRock
Resort as long as the insurance is commercially reasonably available.
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15. 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.
16. 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.
17. 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.
18. 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.
19. The requirements in this Section supersede all other sections and
provisions of this Agreement with respect to insurance to the extent that any other
section or provision conflicts with or impairs the provisions of this Section.
20. 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.
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6.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit,
and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Consultant, its employees 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.
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
n
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 7.7.
7.3 Intentionally Omitted.
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 Leaal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section
7.8 for termination for cause. Agency reserves the right to terminate this Agreement at
any time, with or without cause, upon thirty (30) days' written notice to Consultant.
Upon receipt of any notice of termination, Consultant shall immediately cease all
services hereunder except such as may be specifically approved by the Contract
Officer. Consultant shall be entitled to compensation for all services rendered prior to
the termination.
7.8 Termination for Default of Consultant Suspension or vvorK ror rrvonoavrnern
of Agency. 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. If Agency fails to make the payments
as required by Section 2.2, Consultant shall have the right to suspend its performance
until the Agency complies with the requirements of Section 2.2. Consultant shall have a
reasonable time to return to work after any suspension once the Agency makes the
payments required by Section 2.2. If the Agency fails to make payments of undisputed
amounts owed pursuant to Section 2.2 for 90 days or more, Consultant shall have the
right to terminate this Agreement. If Consultant exercises this right, and the Agency is
in breach of its obligations under this Agreement, the Agency shall not have the right to
use the name of the consultant, Peter Jacobsen, or Jim Hardy in connection with the
Golf Course.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
8.0 AGENCY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
8.1 Non -liability of Agency Officers and Employees. No officer or employee of
Agency shall be personally liable to Consultant, or any successor in interest, in the
event or any default or breach by Agency or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this
Agreement.
8.2 Conflict of Interest. No officer or employee of Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which affects his or her
personal interest or the interest of any corporation, partnership or association in which
she or he is, directly or indirectly, interested, in violation of any State statute or
regulation. Consultant warrants that it has not paid or given and will not pay or give any
third party any money or general consideration for obtaining this Agreement.
8.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or
ancestry in the performance of this Agreement. Consultant shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address
set forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this section.
To Agency:
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:
Jacobsen Hardy Golf Course Design
Attention: Rex VanHoose
Senior Vice President
12777 Jones Road, Suite 150
Houston, Texas 77070
9.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into
and superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
LA QUINTA REDEVELOPMENT AGENCY
Thomas P. Genovese, Executive Director Date
ATTEST:
Veronica J. Montecino, CMC, Agency Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
CONSULTANT:JACOBSEN/HARDY GOLF DESIGN, INC.
Name:
Title:
Date:
Exhibit A
Scope of Services
The following tasks shall be performed Jacobsen / Hardy Course Golf Design, Inc. in the preparation
of the conceptual, design development, and construction plans and specifications for the 18-hole golf
course and during it's construction.
1.0 Conceptual Design Phase
The following scope of work identifies the scope associated with development of
a conceptual plan and specifications for the proposed 18-hole golf course. In
addition to the scope of work described below, the Designer will be available to
respond to all reasonable requests by the Agency and its Project Manager, on
behalf of the Agency, for meetings, correspondence and coordination.
1.1 Existing Project Documentation Review
The Designer shall review existing project information and analyze it to
determine issues, problems, findings and problem resolutions that could
be relevant to the project design and construction.
1.2 Initiate Project
The Designer will initiate the project by meeting with the Agency's steering
committee, the SilverRock Technical Team, staff, the Project Manager,
and other design team members to review the conceptual development
plan, available information, and to discuss the following:
• Project goals, objectives and opportunities as envisioned by the
committee;
• Project design criteria (e.g., environmentally sensitive, mulit-use
concept, etc.);
• Project theming concepts including overall character, landscaping,
architecture, monumentation, lighting, etc.;
• Anticipated mitigation measures and other project site constraints
including boundaries, set backs, well sites, Coachella canal, and
along with those sensitive biological resource areas;
• The mitigation monitoring and reporting program for the SilverRock
project;
• Information that will be available from the Agency, including base
maps, civil engineering plans, etc.;
• Requirements of other design team members directly related to the
Designer's design product, and;
• Project budget and schedule.
1.3 Site Review
' 9-
1.4
1.5
1.6
The Designer shall attend a site review meeting with the Agency and
Project Manager and other design team members to visit and analyze the
project site.
Conceptual Golf Course Routing Plan
The Designer shall prepare a conceptual golf course routing plan which
includes the layout of the course at 1"=200'. During the preparation of the
conceptual plan, the Designer will discuss various design options, along
with the advantages and disadvantages with each option. The Designer
will also provide up to three (3) revisions to the concept plan as necessary
in order to arrive at a plan that is acceptable to the Agency. The routing
plan shall depict the following:
• Tees, greens, and fairway boundaries
• Centerlines
• Water Features
• Spatial relationships, including clearances and setbacks to other
special uses
• Bridge locations or other methods of canal crossings
• Score Card
• Preliminary Grading Concept
The Designer shall prepare conceptual grading plans for the golf course in
sufficient detail to delineate the proposed grading concept, including
contours and spot elevations. The Civil Engineer will review the
conceptual plan and prepare a quantity estimate and a cuttfill map for the
project. The conceptual grading plan will include preliminary horizontal
and vertical control for the lake(s) and water features(s).
The Concept Plan shall also include other features necessary for the
Agency to make informed decisions regarding the routing concept.
Following acceptance of the Concept Plan by the Agency, the Designer
will prepare a color rendering of the plan.
Conceptual Cost Estimate
Following completion of the Concept Plan, the Designer will provide a
conceptual cost estimate which outlines the costs by major construction
cost categories. Cost estimate shall reflect a "cost of living' increase
projected to occur as a result of the golf course construction being
scheduled to commence in 2011, and with completion in 2012.
Design Schedule
Designer will develop and submit a design schedule to the Agency,
outlining the time requirement for each phase of design. Schedule shall
consider the "stand down" time between the end of the conceptual design
phase and the start of the design development phase of work.
1.7 Specifications
The Designer will provide the table of contents for the project
specifications pertaining to the construction of the project components
under the responsibility of the Designer. The table of contents shall be
formatted by Construction Specification Institute (CSI) categories.
1.8Team Interface
The Designer will interface with other design team consultants through the
Agency and Project Manager by incorporating other consultant's design
plan concepts as they relate to the golf course plans and specifications.
The Designer will be responsible for providing review and comment on
other design team consultant plans (e.g., facility architect, landscape
architect, lake designer, etc.) for consistency with the golf plans,
adherence to project theming and for purposes of value engineering.
1.9Base Sheets
During Conceptual Design, the Designer will provide base design
information in computer format to the Landscape Architect, as necessary,
for their use in creating the overall project base sheets for the design
consultant team. This base information will include the conceptual layout
of the golf course, indicating those key design elements as described with
Section 1.4 and their relationship to the other recreational uses. The
Designer will continue to provide base information in computer format
throughout Design Development and Construction Documents as
necessary for use by the appropriate design team consultants in order for
the team to update their plans as necessary.
2.0 Design Development Phase
After approval of the Conceptual Design by the Agency, and in accordance with
the requirements of the golf course design schedule / schedule of performance,
the Designer shall prepare a Design Development Plan package which will refine
the design character of the project and identify specific materials to be used. The
plans will delineate all site construction elements and will include general
grassing concepts. The plans will be developed in typical construction document
format, at 1 "=100' on 30" x 42" sheets, and as further defined by the Agency prior
to initiation.
�. 1or
Due to the time lapse from the end of the conceptual design phase and the start
of the design development phase, the plans shall be based on current, updated
base information to be provided by the project civil engineer, reflecting the "as
built" site conditions.
2.1 Grading
The Designer will prepare grading plans for the golf course in sufficient
detail to delineate the proposed grading concept, including contours and
spot elevations. The project Civil Engineer will review the plan and
prepare a quantity estimate and a cuttfill map for the project. The grading
plan will include horizontal and vertical control for the lake(s) and water
feature(s).
2.2 Drainage
The Designer will prepare a drainage plan for the golf course which
delineates drainage concepts, including structure locations and piping
layout. This plan will be provided to the project Civil Engineer for review
and analysis to determine structure and pipe sizes, and to make
recommendations for additional drainage improvements as necessary.
2.3 Clearing & Staking
The Designer will prepare a clearing and staking plan which includes
dimensions to the centerline of pertinent key golf course features such as
bunkers, tees, greens, turn points, etc. The clearing limits will indicate
native features, such as trees, which will be cleared, saved or relocated,
along with the proposed locations for relocation.
2.4 2.4 Grassing & Seeding Plan
The Designer will prepare a grassing and seeding plan which delineates
the limits of grassing and defines the type of seeding mix to be applied
within each designated area. Seed mix requirements will include
application rates. Areas proposed for re -vegetation will be identified.
(note: as stated previously, the landscape architect will be responsible for
defining the mix requirements for areas of re -vegetation, as well as design
of the native landscaping and irrigation requirements.)
2.5 Specifications
The Designer will prepare draft construction specifications in CSI "Master
Format' for incorporation into the master specification book.
Specifications will be provided both in computer format as well as in hard
104 i
copy, 8-1/2" x 11" printout. The Designer will coordinate said
specifications with other design team consultants through the Agency and
the Project Manager to assure consistency throughout the design.
2.6 Design Development Cost Estimate
At the completion of the Design Development process, the Designer will
update the conceptual cost estimate based upon the Design Development
plans and specifications. The Design Development cost estimate will
further define the construction items, by providing quantities and unit
costs. Cost estimate shall reflect a 'cost of living" increase projected to
occur as a result of the golf course construction being scheduled to
commence in 2011, and with completion in 2012.
2.7 Project Design and Construction Schedule
Designer will prepare a preliminary construction schedule for review, and
will revise the design schedule accordingly.
3.0 Construction Documents Phase
After approval of the Design Development package by the Agency, the Designer
shall prepare a Construction Document package for the key project items as
identified within section 2.0 in sufficient form and detail to facilitate construction
implementation of the proposed improvements.
3.1 Construction Plans
Construction Plans and details for all features of the 18 holes of the golf
course, to include tees, fairways, roughs, greens, mounds, swales,
bunkers, grading for water features, and any other feature as necessary
for the construction of the golf components of the project.
Designer will have no responsibility to prepare plans, specifications or
drawings for the Golf Course clubhouse, half -way house, shelter houses,
sanitary facilities, drinking fountains, maintenance facilities, storm
drainage system, dams, bridges, walls, cart paths, or any other similar
facilities or structures incidental to the Golf Course; provided that Designer
will periodically consult with and advise Agency in relation to such facilities
and render advice, when requested, as to the conceptual location of such
facilities or structures, but Designer will not have any liability to Agency
with respect to the design, location or construction of such facilities or
structures.
3.2 Greens Plans
.W. 10 t
4.0
AW
The Designer will develop greens plans for the golf course which provide
sufficient detail and control for construction.
3.3 Construction Specifications
The Designer will finalize the construction specifications in CSI "Master
Format" for incorporation into the master specification book. Final
specifications will be provided both in computer format as well as in hard
copy, 8-1/2" x 11" printout which indicates the changes to Design
Development Specifications through italicizing/highlighting. The Designer
will coordinate said final specifications with other design team consultants
through the Project Manager to assure consistency throughout the design.
3.4 Construction Document Cost Estimate
At the completion of the Construction
update the Design Development
Construction Document plans and
Document cost estimate will further
previously developed.
Document process, the Designer will
cost estimate based upon the
specifications. The Construction
refine the quantities and unit costs
The Designer shall provide assistance during the bidding of the project to include
the following:
• Attendance at a pre -bid meeting to be held onsite;
• Provide assistance to the Project Manager to respond to Contractor -
submitted requests for information pertaining directly to the Designer'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;
• Assistance in the review of bid packages and selection of the
Contractor(s) for the golf course.
Construction Process
Throughout the construction of the facility, which is anticipated to occur over a
twelve (12) month period, the Designer will provide construction support,
including field and office services to include the following:
• Attend pre -construction meetings at the Agency;
.u. 10
• Review materials, submittals, shop drawings, and system drawings for
conformance with the standards prescribed within the Construction
Documents, and recommend approval or disapproval;
• Provide responses to contractor -issued requests for information pertaining
directly to the Designer's scope of work by preparing additional drawings
or clarification to specifications as necessary;
• Provide assistance for review of the Contractor's cost proposals;
• Available to provide assistance as needed for evaluation of project change
orders;
• Schedule periodic site visits to the job site for on -site review of the
construction of the project in accordance with the approved golf course
plans and specifications;
• Participate in the development of project close out/punchlist
documentation; review and approval of as-builts and warranty/manual
submitted by contractor; verify contractor's comformance to final punchlist.
5.1 Construction Performance and Supervision of Work
Designer will not be a party to, nor will it be obligated under, any contracts
entered into for the performance of the construction work, such obligations
being solely the responsibility of the Agency.
Designer will not be responsible under this Agreement for supervising the
work of any contractor with respect to the construction means, methods,
techniques, sequences, or procedures or the safety precautions incident
thereto, nor will Designer be responsible for any contractor's malfeasance
of misfeasance. Designer's efforts will be directed toward advising the
Agency, during the course of Golf Course construction, as to how the
construction is or is not being performed in conformance with the
requirements of the Plan Documents. Designer will keep Agency informed
of the progress of the work and will endeavor to alert Agency to defects
and deficiencies in the work of the contractor during the course of
construction.
Designer will make recommendations to the Agency concerning the
quality and performance of the Work. Agency will be the final judge of the
performance thereunder by the contractor. The Designer will promptly
render interpretations on all claims, disputes and other matters in question
between the Agency and the contractor relating to the execution or
progress of the work under the Designer's plans and specifications
necessary for the proper execution or progress of the work.
The Designer will make recommendations to the Agency's Construction
Manager as to whether the Agency should reject work which does not
conform to Designer's plans or specifications, and as to whether the
.«.. 10•
Construction Manager should order the work to be corrected to conform to
the plans and specifications.
5.2 Applications for Payment
Designer will review contractors application for payment, and will make
recommendations to the Project Manager.
6.0 Post Construction
Within one month prior to the expiration of the Contractor's one year warranty
period, the Designer will inspect the project and provide advice on the apparent
deficiencies in construction.
7.0 Meetings, Presentations and Site Visits
7.1 Design Process
The design process and bidding process are anticipated to occur over a
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 Designer should
anticipate up to two (2) meetings per month to be held at the Agency.
7.2 Design Presentations
The Designer shall participate in presentations of the project at the
following milestones:
• Mid -Concept design
• Concept design approval
• Mid -Design development
• Design development approval
• Construction document approval
At mid -concept design, there may be more than one, but no more than
three presentation reviews. Presentations will require preparation of the
presentation materials and sufficient methods of communication to clearly
articulate the project concept, various features of the project and design
emphasis, and other information to ensure consistency with the Agency's
goals and objectives for the project.
7.3 Ground Breaking
-L. 10
Both Peter Jacobsen and Jim Hardy will attend the ground breaking event
for the project.
7.4 Grand Opening
Both Peter Jacobsen and Jim Hardy will attend the Grand Opening event
for the golf course.
8.0 Designer's Representation
Designer represents and warrants that it is an expert in the design of golf courses
and that it will design for Agency a first class facility of a quality similar to other
courses designed by Designer, meeting golf industry standards.
9.0 Agency's Responsibilities
9.1 Agency's Provided Information
The Agency will furnish to the Designer at Agency's sole expense such
materials, surveys, tests, maps, analyses and other similar information
requested by the Designer reasonably necessary for the Designer to
execute it's work under this Agreement. The information required to be
provided by the Agency will include, but may not necessarily be limited to,
a complete and accurate topographical survey satisfactory to the
Designer, indicating any and all existing natural and manmade features
such as trees, brush, rock outcroppings, waterways, fences, trails and
buildings on the Golf Course sites, given, where pertinent, the grades and
lines of streets, pavements and adjoining properties, and describing rights,
restrictions, easements, boundaries and contours of the buildings on site;
full information as to soil borings and test pits; chemical or other tests;
hydrological information relating to the site; and sewer, water, gas and
electrical services. The Agency will furnish the requested information with
reasonable promptness after Designer has provided Agency with a
detailed list of items needed by Designer to perform its work. Designer
shall not be responsible or held liable and the Agency hereby agrees to
defend, indemnify and hold Designer harmless for any claims, damages,
and/or causes of actions arising as a result of the inaccuracy in the
information provided by the Agency or its agents under this Section 9.1 or
under Sections 9.2, 9.3, 9.4, or 9.5 below.
9.2 Agency's Professional Consultants
-21 la:
Agency will be responsible for retaining the services of
qualified professional consultants to review the Plan Documents where
required, in order to assure compliance with all applicable laws and
regulations affecting the site, including, without limitation, environmental,
wetlands, land use, zoning and other similar matters. Designer agrees to
work with such consultants as required in the design process. Agency will
supply Designer with copies of all construction, engineering, zoning,
environmental, and other regulations applicable to the Golf Course.
Although Designer will take care to prepare the Plan Documents in
compliance with such regulations, it will be Agency's responsibility to
ensure such compliance. If requested to do so by Agency, Designer will
adjust the Plan Documents to conform to such regulations.
9.2.1 Civil Engineer
In connection with the foregoing, Agency will employ the services of
licensed engineers for the purpose of designing the storm drainage
system for the Golf Course, bridges, walls, cart paths, and any
other facilities or structures which require the services of an
engineer. Such engineers will also be responsible for advising
Designer regarding the impact of applicable regulations and
engineering practices upon Designer's Plan Documents and for
coordinating the storm drainage system with other drainage
features of the Golf Course. Agency acknowledges that Designer's
recommendations (as set forth in the Plan Documents) for storm
water drainage, conceptual cart path locations, soil and materials
movement and placement and other similar recommendations must
be reviewed and confirmed by qualified licensed engineers which
must be retained by Agency at its cost and expense.
9.2.2 Soils Engineer
Agency will retain the services of a qualified soils engineer who will
provide Designer with an analysis of the site of the Golf Course.
Designer will submit a completed set of Plan Documents to the
soils engineer retained by Agency for analysis. If the soils engineer
makes any suggested modifications to the Plan Documents
Designer will make such modifications to the Plan Documents,
Designer will make such modifications at no charge to Agency,
except for such expenses as are required to be paid by Agency
under this Agreement.
9.2.3 Irrigation Designer
Agency will retain the services of a qualified Irrigation Designer to
prepare and design the irrigation system for the Golf Course.
Designer will provide Agency with a list of recommended Irrigation
Designers should Agency not have one of its own. Upon
completion of the irrigation plans, Agency will provide the Designer
with a set of the plans for review and approval, prior to
implementation.
9.2.4 Agronomist
Agency will retain the services of a qualified Agronomist to assist
the project team in the analysis and evaluation of site specific data
(i.e. soil tests, water quality tests) and to advise the project team on
the specification of grass types, native vegetation, soil
amendments, and fertilizer.
9.2.5 Landscape Architect
Agency will retain the services of a qualified Landscape Architect to
prepare and design the hardscape (Formal Landscape) portions of
the project. The Designer will assist the Landscape Architect with
the location of the hardscape areas to ensure that they enhance the
golf course and do not compromise playability.
9.2.6 Lake Designer
Agency will retain the services of a qualified Lake Designer to
assist in the design and specification of proposed water feature(s).
Note: The services, information, surveys and reports required by this Section 9.0
will be furnished at Agency's expense, and Designer will be entitled to rely upon
the accuracy and completeness tfiereof.
9.3 Agency Representative
The Agency's representative shall be as stated in section 4.2 of the
agreement.
9.4 Agency's Prompt Action
The Agency will furnish required information and services and render
approvals and decisions as expeditiously as necessary for orderly
progress of Designer's services and of the work and Designer shall not be
responsible for any delays in Designer's performance caused as a result
of Agency's delay in providing such information.
-a 10..
Exhibit B
Schedule of Compensation
Payment shall be in accordance with the schedule of values/payment schedule attached
herewith and submitted in conformance with Section 2.2 of the Agreement. Total
compensation and expense reimbursement for all work under this contract shall not
exceed $976,800.00 except as specified in Section 1.6 - Additional Services of the
Agreement:
1.0 COMPENSATION.
1.1 In consideration of the Consultant's services provided herein to Agency, it
is agreed that Agency will pay the following fees to the Consultant.
1.2 Fee. The fee to be paid by Agency to Consultant for all design services
rendered by Consultant during the Preliminary Design Phase, Design Development
Phase, Final Design Phase, Construction Phase, and Promotion Services, will be
payable on!as follows:
CPROJECT I I NON -PHASED FEE �SEDFEE
Execution $ 80,009.00
Design ! Routing I $ 80,000.00
Development Plans
$
120,00D.00
1$4,401,00
ction Document Plans
I $
240,000.00
$
-266;10* 00'
Services
$
240,000,00
8
2W' 00.00
;e Opening
I $
40s000.00
$
44;806:00
GRAND TOTAL' $ 900,000.00 $ '078'800.00
C,er'Odginal Contract Sphedule
CO!0!01e; in 41,0; 6% per year
compldb ti 201.t; 6% per year
in 2012; 6% per year
In 2012(+f- months); 6% pE
.W. . 10
1.3 Expenses in Addition to Fee Provided in 5ection I.z Hoove.
Reimbursable expenses are in addition to the compensation paid to Consultant and
include following expenditures, and no others, actually incurred by the Consultant and
its employees in the interest of the project, in a total aggregate amount not to exceed
one hundred thousand dollars ($100,000.00):
a. Expense of transportation in connection with traveling to and from
the City of La Quinta and to the Golf Course; living expenses in
connection with out-of-state travel associated solely with this
Project, long distance communications, telex, telefax and overnight
mail.
b. Expense of reproductions, postage and handling of drawings,
specifications and other documents.
C. Payment requests including the above items shall be submitted as
outlined in Section 2.2 of the Agreement and will require the
appropriate supporting documentation, for expenses incurred.
Exhibit C
Schedule of Performance
119/015610,0065
945048 03 09/14/07 ' '
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Exhibit D
Special Requirements
1.0 DESIGNER ACCESS. Peter Jacobson, Jim Hardy, Rex Vanhoose and Brian
Johnson shall have the right to play golf course on the course they design, free of
charge, subject to availability and providing a minimum of three (3) days advance
notice. They may be accompanied by up to three guests (not to exceed a foursome).
This provision may not be utilized by any one of the four individuals more than four (4)
times in any one year.
2.0 DESIGNER/JACOBSEN/HARDY GOLF COURSE AND PROMOTIONAL -SERVICES.
2.1 Use of the Jacobsen Hardy and Consultant's Names In Connection with
Identifying the Golf Course Designer.
It is understood that upon and after the signing of this Agreement, the City, the
Agency, and the developers and operators of the SilverRock Resort will be entitled to
utilize the names "Peter Jacobsen" and "Jim Hardy" as well as the name
"JACOBSEN/HARDY GOLF DESIGN, INC." or "JACOBSEN/HARDY GOLF DESIGN" in
referencing the design or the designer of the golf course. This right shall extend to all
forms of advertising and informational materials. This right of use is subject to the
provisions of Sections 4.1 and 7.8 of the Agreement. This right shall not be subject to
approval by Consultant, or by Peter Jacobson or Jim Hardy, inasmuch as such approval
if given by the signing of this Agreement. In exercising this right of usage, the Agency,
City, developers, and/or operators shall not state or imply that Consultant or its
principals are endorsing or are affiliated with any component of the SilverRock Resort
other than the golf course which is the subject of this Agreement.
2.2 Additional Use of the Jacobsen and/or Hardy Names Likenesses. Etc.
a. Consultant recognizes that the Agency chose Consultant based in
large part upon Consultant's and Consultant's Principal's reputation
and name recognition, and the Agency's and City's intention of
promoting the golf course and the SilverRock Resort of which the
golf course is a part on the basis of reputation of Consultant and its
Principals. In addition to using the names of Consultant and its
Principals as specified in Section 2.1 immediately above,
Consultant acknowledges that another key benefit that the Agency
and the City expect to receive under this Agreement in exchange
for the consideration referenced in Exhibit B is the promotional
value associated with utilization of the name (beyond that
authorized in Section 2.1), likenesses, logos, photographs, videos,
and images of Peter Jacobson, Jim Hardy, and Consultant with no
additional fees or charges. Consultants and its Principals agree to
coordinate with Agency and the City for no additional fee for using
119/015610-0065 -t5- ��•' 1` �,
845048 03 09/14/07
Jacobsen's and/or Hardy's role as designer in the promotion of the
Golf Course. In connection with promotion of the Golf Course,
Agency and the City may use the Designer's, Jacobsen's and/or
Hardy's name, likeness, and logos, and may use copies or replicas
of plans prepared by Designer and delivered to Agency in
brochures, sales films and videotapes, press releases, and similar
promotional materials and in print and/or electronic media
advertisements. Except as provided in Section 2.1 immediately
above, Agency and City will not in any way make or permit any use
of Designer's, Jacobsen's and/or Hardy's name, likeness, or logos,
or of any likeness of such plans prepared by Designer, without the
express written approval of Designer prior to use. Once
promotional material has been approved for use by Designer,
Agency, the City, and may continue such use without further
approval from Designer, provided the promotional material is used
in the same manner as approved by Designer. As used in this
Agreement, "Designer's name" is "Jacobsen/Hardy Golf Design".
Such use must be limited to Designer's, Jacobsen's and/or Hardy's
role as designer of the Golf Course and will not extend beyond the
Golf Course to include the promotion of any other development or
facility in the same complex as the Golf Course, except for
references to the fact that Designer, Jacobsen and/or Hardy
designed the Golf Course. Agency will submit a copy of any such
proposed use to Designer for approval prior to use, and Designer
will advise Agency of its approval or disapproval within ten (10)
days of its receipt of such proposed use. If Designer fails to
respond within the 10 day period, the use of the item(s) shall be
deemed approved. Approval of photographs will require the
submission of actual production photography. Agency will be
responsible for enforcing compliance with the provisions of this
paragraph by all other parties involved with the Golf Course.
Agency will furnish Designer with copies of all photographs taken
and film and videotape footage shot by or on behalf of Agency
which involve Jacobsen and/or Hardy, and Designer will have the
right to use, free of charge, all or any part of such materials and any
reproductions thereof.
2.3 Required On -Site Appearances.
There will be a minimum of two (2) Jacobsen appearances on site, in conjunction
with the design and promotion of the Golf Course (ground breaking and grand opening);
and a minimum of two (2) Hardy appearances on site (ground breaking and grand
opening), in conjunction with the design, construction, and promotion of the golf course,
as follows:
1191015610-0063 -16- .01, 1
845048 03 a09/14107
b. Jacobsen and Hardy's presence and participation at ground
breaking and the grand opening of the Golf Course including an 18-
hole round of golf, if desired by the Agency, and involvement in
other reasonable opening day activities. Unless otherwise agreed
upon, the grand opening festivities, for which Jacobsen's and
Hardy's presence is required, must take place within the first six (6)
months of the course opening for play.
C. Reasonable additional Jacobsen and/or Hardy participation in the
promotion of the Golf Course as may be agreed upon by the
parties.
n91015610-0065 i
-17-
845048 03 .09114/07
f',
a EXHIBIT F 0
BUSINESSOWNERS
PB 04 48 08 03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM
SCHEDULE
Name Of Parson Or Organization:
LENNAR CORPORATION INSURANCE COMPLIANCE
The following is added to Section 11. WHO IS AN
INSURED:
a. "Bodily injury' or "property damage" that arises
in or is a result of, in
out of, in whole or part,
whole or In part, the active negligence of the
Any person or organization shown in the Schedule of
additional insurod shown in the Schedule of this
this endorsement is also an insured, but only with
®
respect to liability arising out of your Ongoing
operations performed for such additional insured or
endorsement.
b. "Personal and advertising injury's that arises out
arising out of prennises owned by or rented to you,
to following
or any independent "personal and advertising
Injury" committed by the additional
subject the additional exclusion:
offense
insured shown in the Schedule of this
This insurance, including any duly we have to defend
endorsement.
"suits", does not apply 10
All terms and conditions of this policy apply unless modified by this endorsement.
Includes copyrighted material of Insurance Services Office, Inc„ with its permission.
Copyright, Insurance Services Office, Inc., 1997
® Page 5 of t
PB 04 48 08 03 '•• 17 ooa
ACP 9POC7211151= AGENT COPY
11"
COUNCIL/RDA MEETING DATE: September 18, 2007
ITEM TITLE: Adoption of a Resolution of the City
Council of the City of La Quinta Making Certain
Findings Pursuant to Health and Safety Code Section
33445(a) and Authorizing the Expenditure of Funds
for the Park Avenue Landscape Improvements,
Project Number 2006-15
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
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PUBLIC HEARING:
Adopt a Resolution making certain findings pursuant to Health and Safety Code
Section 33445(a) and authorizing the expenditure of funds for the Park Avenue
Landscape Improvements, Project Number 2006-15.
FISCAL IMPLICATIONS:
The following represents the project's proposed funding and funding source:
RDA Project Area No. 2
The following represents the anticipated project budget:
Construction:
Design:
Insp/Test/Survey:
Administration:
Contingency:
Total Estimated Cost:
$198,004
$135,221
$15,000
$12,000
$7,500
$28,283
$198,004
Adequate funding is available from unassigned RDA Project Area Number 2 funds
to support staff's recommendation. Funding from other sources is not currently
available.
CHARTER CITY IMPLICATIONS:
None. If approved, this project is funded with Redevelopment Agency funds.
Therefore, the project was advertised with a prevailing wage requirement included
in the contract specifications.
BACKGROUND AND OVERVIEW:
The purpose of the project is to install landscape and irrigation within the parkway
along the east side of Park Avenue between Avenue 50 and the east parking lot of
La Quinta Middle School, and within the two existing parking islands adjacent to the
La Quinta Boys and Girls Club. In general, the project includes installing planting and
irrigation, providing plant establishment and performing project maintenance.
On July 3, 2007, the City Council appropriated unassigned RDA Project Area
Number 2 funding in the amount of $198,004; approved the plans, specifications
and engineer's estimate (PS&E) and authorized staff to advertise for bid the Park
Avenue Landscape Improvements, Project No. 2006-15.
On August 7, 2007, the City Council awarded a contract, in the amount of
$135,221, to Diversified Landscape Management, Inc. to construct the Park
Avenue Landscape Improvements, Project No. 2006-15.
The improvements will benefit Project Area No. 2 and the surrounding
neighborhood. The adoption of the attached findings is required in accordance
with Public Health and Safety Code Section 33445(a). Staff recommends the
adoption of the findings and has concluded that the findings can be made in this
instance.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution making certain findings pursuant to Health and Safety
Code Section 33445(a) and authorizing the expenditure of funds for the Park
Avenue Landscape Improvements, Project Number 2006-15; or
2. Do not adopt a Resolution making certain findings pursuant to Health and
Safety Code Section 33445(a) and authorizing the expenditure of funds for
the Park Avenue Landscape Improvements, Project Number 2006-15; or
3. Provide staff with alternative direction.
Respectfully submitted,
4r
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Approved for submission by:
BBB f 1�Li,,.,.:;✓
Thomas P. Genovese, City Manager
n 1 1 C'
RESOLUTION NO. RA 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445(a) AND
AUTHORIZING THE EXPENDITURE OF FUNDS FOR PARK
AVENUE LANDSCAPE IMPROVEMENTS
WHEREAS, the Park Avenue Landscape Improvements are located in La
Quinta Redevelopment Project Area No. 2 (the "Project Area"); and
WHEREAS, Park Avenue is documented as a condition of blight within the
Project Area; and
WHEREAS, the construction of the Park Avenue Landscape Improvements
would afford the Agency the opportunity to address the aforementioned condition of
blight; and
WHEREAS, there is inadequate funding within the City's General Fund or
from other sources to construct the Park Avenue Landscape Improvements; and
WHEREAS, it would be in the best interest of the public to construct the
Park Avenue Landscape Improvements.
NOW, THEREFORE, BE IT RESOLVED, by the La Quinta City Council as
follows:
SECTION 1. The above recitals are true and correct and are adopted as
the findings of the City Council.
SECTION 2. The City Council hereby authorizes Agency funding to be
utilized for the Park Avenue Landscape Improvements.
SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the
Agency finds and determines that:
A. The construction of the Park Avenue Landscape Improvements is of benefit to
the Project Area and to the immediate neighborhood in which the Park Avenue
Landscape Improvements are located.
B. No other reasonable means of financing the improvements are available to the
community.
/ 1�-0
Resolution RA 2007-
Park Avenue Landscape
Adopted: September 18, 2007
Page 2
C. The Park Avenue Landscape Improvements will assist in the elimination of one
or more blighting conditions inside the Project Area, and is consistent with the
Agency's implementation plan adopted pursuant to Section 33490.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 181h day of September, 2007, by the following vote:
AYES:
Uig.1
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta
ATTEST:
VERONICA J. MONTECINO, CIVIC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
La Quinta Redevelopment Agency, California
121
n" 3el9_11[fl7! I a[KO i'$
COUNCIL/RDA MEETING DATE: September 18, 2007
BUSINESS SESSION: _
ITEM TITLE: Adoption of a Resolution of the La Quinta p
Redevelopment Agency Approving Amendment No.1 to CONSENT CALENDAR:
the Purchase and Sale Agreement by and Between the STUDY SESSION:
Agency and Frank R. Goodman & Associates for the
Property Located at 42-800 Washington Street (APN: PUBLIC HEARING:
609-040-007 & 609-040-023), and the Appropriation of,
$313,156 —
RECOMMENDATION:
Adopt a Resolution of the Redevelopment Agency approving Amendment No. 1 to the
Purchase and Sale Agreement (Attachment 1), and appropriate $313,156 from
Available Low- and Moderate- Income Housing Funds of Project Area No. 2 Account
No. (246-9002-703.74-01) to fund option payments and increased owner equity, and
authorize the Executive Director to execute all necessary agreements and documents
to complete the purchase.
FISCAL IMPLICATIONS:
This project will result in the expenditure of up to $4,013,156 of Available Low- and
Moderate -Income Housing Funds of Project Area No.1.
BACKGROUND AND OVERVIEW:
In the Spring of 2006, staff was authorized to acquire two properties located on
Washington Street, immediately north of the City limit. The first property is owned by
the Testa Family Partnership and entails 6.83 acres of vacant land. The second
property is a 73 unit apartment complex owned by Frank R. Goodman and Associates.
Staff recommended the Agency purchase these properties to develop additional
affordable multi -family housing, and to preserve and enhance an existing affordable
multi -family complex (all of the apartment dwellings are affordable to very -low income
senior and disabled households). The following outlines the status of the annexation, a
condition to purchase, and the transfer process of the apartments:
-" 122
• September 2006 the Agency Board approves purchase agreements and escrows
were subsequently opened.
• March 2007 Escrow is extended at no cost to the Agency during annexation
process.
• April 2007 the LAFCO Board unanimously approves annexation proceedings.
• July 2007 LAFCO holds a mandatory protest hearing and receives no protests.
• August 2007 the County approves a lot line adjustment representing the final
substantive LAFCO condition of approval remaining for the annexation.
Purchase and Sale:
The owner of the Apartments has been very generous and cooperative for the past
year. He agreed to extend escrow at no cost to the Agency, even though there is a
provision in the original agreement that allowed for a $5,000 dollar per month
extension fee. Currently we are over six months into the extension. The recording of
the annexation is anticipated within the next couple of weeks and the seller has
requested an option payment to further extend escrow for up to one year. The
following table represents how this deal adjusts annually based on changes in owner
equity due to assumable loan balances, and a $14,040 per month option payment. As
the assumable loan balances decrease the amount of cash required to close the deal
increases. The $313,156 appropriation is the estimated additional amount if closing
were to occur the day prior to the expiration of the amended agreement (September
30, 2008).
AGENCY INVESTMENT ANALYSIS
SEPT.2006
SEPT.2007
SEPT.2008
ESTIMATED ASSUMABLE NOTES
PROVIDENT
1,621,700
1,595,828
1,559,956
RD
828,300
792,584
745,368
OWNER EQUITY
3,670,000
3,731,588
3,814,676
$ 6,120,000
$ 6,120,000
$ 6,120,000
SALES PRICE
DUE DILIGENCE/ FEES/ CONTINGENCY
30,000
30,000
30,000
OPTION PAYMENT @ $14,040/MONTH X 12
0
0
168,480
AGENCY INVESTMENT
3,700,000
3,761,588
4,013,156
PER UNIT (73 units)
50,685
51,529
54,975
ESTIMATED REHAB COST PER UNIT
5,840,000
5,840,000
5,840,000
PER UNIT (73 units)
80,000
80,000
80,000
TOTALCOST
9,540,000
9,601,588
9,853,156
PER UNIT 73 units
130,685
131,529
134,975
1K
The escrow extension of up to one year after October 1, 2007 provides the time
required for completing the transfer and satisfying Rural Development (RD)
requirements. Additionally the amendment provides for all remaining portions of
the original $50,000 deposit be released to the seller and applied to the purchase
price.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1 . Adopt a Resolution of the Redevelopment Agency approving Amendment No. 1
to the Purchase and Sale Agreement, and appropriate $313,156 from Available
Low- and Moderate- Income Housing Funds of Project Area No. 2 Account No.
(246-9002-703.74-01) to fund option payments and increased owner equity,
and authorize the Executive Director to execute all necessary agreements and
documents to complete the purchase; or
2. Do not Adopt a Resolution of the Redevelopment Agency approving
Amendment No. 1 to the Purchase and Sale Agreement (Attachment 1); or
3. Provide staff with alternative direction.
Respectfully submitted,
aw
ZC0f44:;?
Douglas R. vans
Assistant ity Manager -Development Services
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1 . Purchase and Sale Agreement Amendment No. 1
.4 12 �
RESOLUTION NO.
ADOPTION OF A RESOLUTION OF THE LA QUINTA
REDEVELOPMENT AGENCY APPROVING AMENDMENT
NO. 1 TO THE PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS BY AND BETWEEN THE
AGENCY AND FRANK R. GOODMAN & ASSOCIATES
PURCHASE AND SALE AGREEMENT AMENDMENT NO. 1
FRANK R. GOODMAN & ASSOCIATES
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a
public body, corporate and politic, organized and existing under the California
Community Redevelopment Law (Health & Safety Code Section 33000, et seq.)
("CRL"); and
WHEREAS, pursuant to the CRL, the City Council of the City of La
Quinta ("City" or "City Council," as applicable) approved and adopted the
Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project
Area"), on May 16, 1989, by Ordinance No. 139; and
WHEREAS, on or about September 6, 2006 the Agency entered into a
Purchase and Sale Agreement and Escrow Instructions ("Agreement") with Frank
R. Goodman and Associates, a California limited partnership ("Seller"), for the
Agency's purchase of an existing 73-unit affordable housing apartment complex,
commonly known as the Washington Street Apartments (the "Project"), located at
42-800 Washington Street, in unincorporated territory in the County of Riverside,
State of California (the "Property"), for Six Million One Hundred Twenty Thousand
Dollars ($6,120,000) (the "Purchase Price"); and
WHEREAS, the Project is encumbered with a loan from the United
States of America, acting through the Farmer's Home Administration, United States
Department of Agriculture ("USDA"), as holder, in the original principal amount of
One Million Five Hundred Thousand Dollars ($1,500,000) (the "USDA Loan"). The
outstanding amount of the USDA Loan is approximately Seven Hundred Ninety -
Two Thousand Five Hundred Eighty -Four Dollars ($792,584); and
WHEREAS, the parties have completed a substantial portion of the due
diligence items required as conditions to the close of escrow, and the annexation of
the Property into the City of La Quinta is imminent, but the Agency has not yet
determined the most effective course of action to take with respect to the USDA
Loan.
_0.;. 12E
City Council Resolution No. 2007-
Purchase and Sale Agreement Amendment No. 1
Frank R. Goodman & Associates
September 18, 2007
WHEREAS, the parties have negotiated an amendment to the
Agreement ("Amendment No. 1") that would (i) enable the Agency and City to
annex the Property into the City before the close of escrow; (ii) provide for a
release to the Partnership of all remaining portions of the original $50,000 deposit
provided by the Agency; (iii) clarify that all portions of the deposit will be applied to
the Purchase Price; and (iv) require the Agency to make monthly "option"
payments to the Partnership, beginning on October 1, 2007, and continuing until
the earlier of (a) the close of escrow, or (b) the date the Agency acquires a majority
interest in the Partnership:
WHEREAS, Amendment No. 1 is in accordance with the
Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta.
NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA
REDEVELOPMENT AGENCY AS FOLLOWS:
Section 1. That the above recitals are true and correct and incorporated
herein.
Section 2. Amendment No. 1, a copy of which is on file with the Agency
Secretary, is hereby approved. The Agency Executive Director and Agency
Counsel are hereby authorized and directed to make final modifications to
Amendment No. 1 that are consistent with the substantive terms of Amendment
No. 1 approved hereby, and the Agency Executive Director is authorized to
thereafter sign said Amendment No. 1 on behalf of the Agency.
Section 3. The Agency Executive Director is authorized and directed, on
behalf of the Agency, to (i) sign such other and further documents, including but
not limited to escrow instructions that require the Agency's signature, and (ii) take
such other and further actions, as may be necessary and proper to carry out the
terms of Amendment No. 1.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Redevelopment Agency held this 18th day of September, 2007, by the
following vote:
AYES:
I�IQ*51
12i
City Council Resolution No. 2007-
Purchase and Sale Agreement Amendment No. 1
Frank R. Goodman & Associates
September 18, 2007
ABSENT:
ABSTAIN:
LEE OSBORNE, Agency Chair
City of La Quinta, California
ATTEST:
VERONICA J. MONTECINO, Agency Secretary
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
City of La Quinta, California
AMENDMENT NO. 1 TO PURCHASE AND SALE
AGREEMENT AND ESCROW INSTRUCTIONS
THIS AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS ("Amendment No. 1") is made and entered into as of
, 2007 (the "Amendment Date") by and between LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and
FRANK R. GOODMAN & ASSOCIATES, a California partnership (the "Partnership").
RECITALS:
A. On or about December September 6, 2006, the Agency and the
Partnership entered into that certain Purchase and Sale Agreement and Escrow
Instructions (the "Agreement"), pursuant to which the Partnership agreed to sell to
the Agency, and the Agency agreed to purchase from the Partnership, that certain
improved real property located at 42-800 Washington Street, in unincorporated
territory in the County of Riverside, State of California (the "Property"). Unless
otherwise specifically provided herein, all of the capitalized terms used herein shall
have the meanings ascribed thereto in the Agreement.
B. Pursuant to the Agreement, Agency's conditions precedent to the
Close of Escrow include that (i) the Property shall, concurrently with the Closing,
be annexed into the City of La Quinta ("City") (or such annexation shall be
imminent as determined by Agency in Agency's sole discretion) and no judicial
challenges shall have been presented or filed against the Local Agency Formation
Commission or the City of La Quinta's actions in connection with said annexation;
and (ii) the Agency shall have determined that the Property is compliant with all of
the USDA Restrictions and shall have negotiated the USDA Assumption
Agreements, pursuant to Section 3.7 of the Agreement.
C. As of the Amendment Date, all conditions precedent to the Agency's
annexation of the Property into the City have been satisfied, but the Agency has
not yet determined that the Property is compliant with all of the USDA Restrictions
and has not yet negotiated the USDA Assumption Agreements, pursuant to Section
3.7 of the Agreement.
D. Agency and the Partnership now wish to amend the Agreement to
provide (i) for the release to the Partnership of all portions of the Deposit that are
still held by the Escrow Holder; (ii) that all amounts released from the Deposit prior
to and as a result of this Amendment No. 1 shall be applied to the Purchase Price;
(iii) that the Agency and/or City may complete the annexation of the Property into
the City prior to the Close of Escrow; and (iv) for the Agency's payment to the
Partnership, on a monthly basis until the earlier of the Closing or the date the
Agency acquires the Partnership, of an option payment, all as further described
below.
.k_ „ 12
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein by this reference, and for valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Within five (5) days after the date hereof, Agency shall instruct the Escrow
Holder to release to the Partnership all portions of the Deposit that are still held by
the Escrow Holder.
2. The Partnership hereby agrees that all amounts released to the Partnership
from the Deposit prior to and/or as a result of this Amendment No. 1 shall be
applied to the Purchase Price.
3. The Agency hereby agrees that the conditions precedent listed in Sections
4.1(b), (c), (d), (e), (f), (h), (1), and (m) of the Agreement are satisfied or waived.
4. The Agency and Partnership hereby agree that the City and/or Agency may
complete the annexation of the Property into the City prior to the Close of Escrow.
5. Commencing on October 1, 2007, and continuing on the first of each month
thereafter until the earlier of (a) the Close of Escrow; or (b) the date the Agency
acquires a majority interest in the Partnership (with the first of such foregoing
dates hereinafter referred to as the "Option Termination Date"), the Agency shall
pay to the Partnership an option payment in the sum of Fourteen Thousand Forty
Dollars ($14,040) (each payment, an "Option Payment"). If the Option Termination
Date occurs on any date other than the last day of a month, the Option Payment
paid in that month shall be prorated for the month, and all excess amounts paid by
the Agency shall be applied towards the Purchase Price. Except as set forth in the
preceding sentence, the Agency's Option Payments hereunder shall not be applied
towards the Purchase Price.
6. Notwithstanding anything herein or in the Agreement to the contrary, if the
Close of Escrow does not occur by October 1, 2008, either party may terminate
the Agreement and Escrow, by providing written notice thereof to the other party,
and neither party shall have any further liability to the other party thereafter.
7. Except as otherwise expressly provided in this Amendment No. 1, all of the
terms and conditions of the Agreement shall remain in full force and effect.
8. In the event of any action between Agency and the Partnership seeking
enforcement of any of the terms and conditions to this Amendment No. 1, the
prevailing party in such action shall be awarded, in addition to damages, injunctive
or other relief, its reasonable costs and expenses, including without limitation its
expert witness fees and reasonable attorney's fees.
-0 12 Ic
9. This Amendment No. 1 shall be construed according to its fair meaning and
as if prepared by both parties hereto.
10. This Amendment No. 1 shall be governed by the internal laws of the State of
California and any question arising hereunder shall be construed or determined
according to such law. The Superior Court of the State of California in and for the
County of Riverside, or such other appropriate court in such county, shall have
exclusive jurisdiction of any litigation between the parties concerning this
Amendment No. 1. Service of process on Agency shall be made in accordance
with California law. Service of process on the Partnership shall be made in any
manner permitted by California law and shall be effective whether served inside or
outside California.
11. Time is of the essence of this Amendment No. 1 and of each and every term
and provision hereof.
12. A waiver of a provision hereof, or modification of any provision herein
contained, shall be effective only if said waiver or modification is in writing, and
signed by both Agency and the Partnership. No waiver of any breach or default by
any party hereto shall be considered to be a waiver of any breach or default unless
expressly provided herein or in the waiver.
13. This Amendment No. 1 may be executed in counterparts, each of which,
when this Amendment No. 1 has been signed by all the parties hereto, shall be
deemed an original, and such counterparts shall constitute one and the same
instrument.
14. The person(s) executing this Amendment No. 1 on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and
existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1
on behalf of said party, (iii) by so executing this Amendment No. 1 such party is
formally bound to the provisions of this Amendment No. 1, and (iv) the entering
into this Amendment No. 1 does not violate any provision of any other agreement
to which such party is bound.
[End - Signature Page Follows)
_p n
�, r
IN WITNESS WHEREOF, Agency and the Partnership each hereby represents
that it has read this Amendment No. 1, understands it, and hereby executes this
Amendment No. 1 to be effective as of the day and year first written above.
"Partnership"
FRANK R. GOODMAN AND
ASSOCIATES, a California limited
partnership
By: Kittredge Sollenberger, LLC,
a California limited liability
company
It: General Partner
2007 By:
Date: 2007 By:
Its:
"Agency"
LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and
politic
2007 By:
ATTEST:
Veronica J. Montecino, Agency
Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By:
M
Katherine Jenson, Agency Counsel
Agency Chair
.00 131
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COUNCIL/RDA MEETING DATE: September 18, 2007
ITEM TITLE: Consideration to Reject All Bids for the
Temporary Parking Lot at SilverRock Resort, Project
No. 2007-14
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the rejection of all bids for the Temporary Parking Lot at SilverRock
Resort, Project No. 2007-14.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
The SilverRock Resort development plan identifies the lot located on the corner of
Avenue 52 and Jefferson Street "45-Acre Site" ultimately to be a passive park. In
the interim, the area is to be used as a parking lot for event parking.
On August 7, 2007, the Agency approved the plans, specifications, and engineer's
estimate and authorized staff to advertise this project for bid. The specifications
included rye grass to be planted within the first two weeks of October 2007. The
rye grass would be grown, mowed, and watered (with above -ground irrigation) until
January 14, 2008. At that time, the irrigation would be removed, the grass would
be cut to the proper height for parking, and the turf would be striped for traffic
control.
On August 30, 2007, three bids were received. A Bid Comparison Summary
(Attachment 1) shows the item prices from each bidder. The lowest bid is from
Precision Landleveling with a bid amount of $118,675. Staff has determined that
the two lowest bidders do not posses a Class C-27 Landscape Contractors License
which is required in Section 1 100 Invitation To Bid. The Section states:
"The General Contractor shall possess a valid Class C-27 (Landscaping Contractor)
License at the time the bid is submitted. Failure to possess the specified license(s)
shall render the bid as non -responsive."
The remaining qualified bid was from Sierra Landscape and was bid at $510,500.
Due to the high cost of the remaining bid to grass the Temporary Parking Lot, staff
is recommending Council reject all bids. If the bids are rejected, the parking area
will be cleared and chemically stabilized as part of the PM-10 operations.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1 . Approve the rejection of all bids for the Temporary Parking Lot at SilverRock
Resort, Project No. 2007-14; or
2. Do not approve the rejection of all bids for the Temporary Parking Lot at
SilverRock Resort, Project No. 2007-14; or
3. Provide staff with alternative direction.
Res ectfully submitted,
Edie ylto
Community Services Director
proved for submission by:
Thomas P. Genovese, Executive Director
Attachment: 1. Bid Comparison Summary
ATTACHMENT 1
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NE
d
0
Z
-W 13 -