2007 10 02 RDAeirf 4 #OdA
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 Quints, California 92253
Regular Meeting
TUESDAY, OCTOBER 2, 2007
3:00 P.M. Closed Session / 4:00 P.M. Open Session
Beginning Resolution No. RA 2007-013
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Henderson, Kirk, Sniff, and Chairman Osborne
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CLOSED SESSION
NOTE: Time permitting the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, persons identified as negotiating parties
are not invited into the Closed Session meeting when acquisition of real property is
considered.
1. CONFERENCE WITH AGENCY'S 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 LOCATED SOUTHWEST OF THE
INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE.
PROPERTY OWNER/NEGOTIATOR: TORRE NISSAN, GEORGE VELARDE
Redevelopment Agency Agenda 1 October 2, 2007
2. 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 APN 649-030-
016, AND -017. PROPERTY OWNERS/NEGOTIATORS: JERRY JOHNSON,
DESERT EUROPEAN MOTOR CARS, LTD.
3. 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 PROPERTIES IDENTIFIED AS APN 770-040-
012, AND -013. PROPERTY OWNER/NEGOTIATOR: URBAN HOUSING
COMMUNITIES, ROGER DAVILA.
4. 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 PROPERTY LOCATED AT 78-990 MILES AVENUE
(APN 604-032-022). PROPERTY OWNER/NEGOTIATOR: NATIONAL
COMMUNITY RENAISSANCE OF CALIFORNIA, ALFREDO IZMAJTOVICH.
5. 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 PROPERTY IDENTIFIED AS APN 767-220-004.
PROPERTY OWNER/NEGOTIATOR: TURNER DEVELOPMENT, RUSTY
TURNER.
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
4:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the Redevelopment Agency on any matter
not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
CONFIRMATION OF AGENDA
.'0a2
Redevelopment Agency Agenda 2 October 2, 2007
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF SEPTEMBER 18, 2007.
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 2, 2007.
2. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PM10
SERVICES FOR SILVERROCK RESORT.
3. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445(a) AND AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE EISENHOWER DRIVE PAVEMENT
REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18.
4. APPROVAL TO APPROPRIATE UNASSIGNED REDEVELOPMENT AGENCY
FUNDING TO THE AVENUE 52 MEDIAN ISLAND LANDSCAPE
IMPROVEMENTS, PROJECT NO. 2006-03.
5. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO
THE USE OF PROJECT AREA NO. 2 REDEVELOPMENT FUNDS FOR THE
CITYWIDE TRAFFIC SAFETY IMPROVEMENTS, PROJECT NO. 2006-16.
BUSINESS SESSION
CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH
NESTOR AND GAFFNEY ARCHITECTS FOR LEED CONSULTING SERVICES
FOR THE SILVERROCK RESORT CLUBHOUSE.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF SILVERROCK RESORT CLUBHOUSE PROGRAM
DEVELOPMENT AND BUDGET.
A. MINUTE ORDER ACTION
b0-a
Redevelopment Agency Agenda 3 October 2, 2007
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 16,
2007, commencing with closed session at 3:00 p.m. and open session at 4:00
p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta Redevelopment Agency meeting of October
2, 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 1 1 1, on September 28, 2007.
DATED: Aeptember 28„ 2007
f
VERONICA J. MbNTECINO, City Clerk
City of La Quinta, California
004
Redevelopment Agency Agenda 4 October 2, 2007
, P1W0i%*PR%s!Z,
COUNCHJRDA MEETING DATE: October 02, 2007
ITEM TITLE: Demand Register Dated
October 02, 2007
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated
October 02, 2007 of which $653,977.61
represents Redevelopment Agency Expenditures
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
haSMgNJIIWACIlue,
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
a. 005
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: October 2, 2007 CONSENT CALENDAR:
ITEM TITLE: Approval of a Request for Proposals to STUDY SESSION:
Obtain PM-10 Services for SilverRock Resort PUBLIC HEARING:
RECOMMENDATION:
Staff recommends continuance of this Item to October 16, 2007.
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
None.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1 . Continue this item until October 16, 2007; or
2. Provide staff with alternative direction.
Respectfully submitted,
die ylton
Community Services Director
Approved for submission by:
Thomas P. Genovese, Executive Director
006
a
F'y OF T13E9
COUNCIL/RDA MEETING DATE: October 2, 2007
ITEM TITLE: Adoption of a Resolution Making
Certain Findings Pursuant to Health and Safety Code
Section 33445(a) and Authorizing the Expenditure of
Funds for the Eisenhower Drive Pavement
Rehabilitation Improvements, Project No. 2007-18
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: l'
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the Redevelopment Agency 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 Eisenhower Drive Pavement
Rehabilitation Improvements, Project No. 2007-18.
FISCAL IMPLICATIONS:
Eisenhower Drive (Avenue 50 to 1600 feet north)
The following is the project funding source:
RDA Project Area No. 1
Total Funding Available:
The following is the project budget:
Design:
Inspection/Testing/Survey:
Construction:
Contingency:
Total:
$620,501
$620,501
$42,125
$32,647
$421,250
$124,479
$620,501
007
Adequate funding is available to support staff's recommendation. As part of the
funding process the City of La Quinta City Council is required to adopt a similar
resolution making certain findings pursuant to Health and Safety Code Section
33445(a) and authorizing the expenditure of funds for the Eisenhower Drive
improvement.
Staff believes that the facts supporting the findings exist with regard to these
improvements. Specifically, these improvements will provide a direct benefit to
Project Area No. 1 and its residents by reconstructing Eisenhower Drive. No other
readily available funds exist for these expenditures. The improvements are
consistent with the Implementation Plan for Project Area No. 1, and will help to
eliminate substandard surface streets, which was one of the blighting conditions
identified in connection to Project Area No. 1.
BACKGROUND AND OVERVIEW:
Eisenhower Drive Pavement Rehabilitation Improvements (Avenue 50 to
approximately 1600 feet north (west side only)
The proposed improvements include rehabilitating the road by removing and
reconstructing the street section the pavement within the two southbound travel
lanes, (approximately 32 feet wide) on the west side of Eisenhower Drive from
Avenue 50 to approximately 1600 feet north. The design engineer will be
expected to core the existing pavement section to determine pavement thickness
and recommend the most appropriate and cost effective pavement reconstruction
method.
On September 18, 2007, the City Council authorize staff to distribute a Request for
Proposal (RFP) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) of probable construction costs for
the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements,
Project No. 2007-18; and appointed a consultant selection committee.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Adopt a Resolution of the Redevelopment Agency 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 Eisenhower Drive
Pavement Rehabilitation Improvements, Project No. 2007-18; or
008
2. Do not adopt a Resolution of the Redevelopment Agency of the City of La
Quinta making certain findings pursuant to Health and Safety Code Section
33445(a) and do not authorize the expenditure of funds for the Eisenhower
Drive Pavement Rehabilitation Improvements, Project No. 2007-18; or
3. Provide staff with alternative direction.
Respectfully submitted,
othy R. nas P.E.
Public Works Direc or/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
1.; 009
RESOLUTION NO. RA 2007-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LA QUINTA, CALIFORNIA MAKING CERTAIN
FINDINGS PURSUANT TO HEALTH AND SAFETY CODE
SECTION 33445(a) AND AUTHORIZING THE EXPENDITURE
OF FUNDS FOR EISENHOWER DRIVE PAVEMENT
REHABILITATION IMPROVEMENTS
WHEREAS, the Eisenhower Drive Pavement Rehabilitation Improvements
are located in La Quinta Redevelopment Project Area No. 1 (the "Project Area"); and
WHEREAS, Eisenhower Drive is documented as a condition of blight
within the Project Area; and
WHEREAS, the construction of the Eisenhower Drive Pavement
Rehabilitation 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 Eisenhower Drive Pavement Rehabilitation
Improvements; and
WHEREAS, it would be in the best interest of the public to construct the
Eisenhower Drive Pavement Rehabilitation Improvements.
NOW, THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment
Agency as follows:
SECTION 1. The above recitals are true and correct and are adopted as
the findings of the Agency Board.
SECTION 2. The Agency Board hereby authorizes Agency funding to be
utilized for the Eisenhower Drive Pavement Rehabilitation Improvements.
SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the
Agency finds and determines that:
A. The construction of the Eisenhower Drive Pavement Rehabilitation Improvements
is of benefit to the Project Area and to the immediate neighborhood in which the
Eisenhower Drive Pavement Rehabilitation Improvements are located.
B. No other reasonable means of financing the improvements are available to the
community.
4.. 010
Resolution RA 2007-
Eisenhower Rehabilitation
Adopted: October 2. 2007
Page 2
C. The Eisenhower Drive Pavement Rehabilitation 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
Redevelopment Agency held on this 2nd day of October, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE OSBORNE, Chairperson
La Quinta Redevelopment Agency
ATTEST:
VERONICA J. MONTECINO, CIVIC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency, California
oil
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COUNCIL/RDA MEETING DATE: October 2, 2007 AGENDA CATEGORY:
ITEM TITLE: Approval to Appropriate Unassigned
Redevelopment Agency (RDA) Funding to the
Avenue 52 Median Island Landscape Improvements,
Project No. 2006-03
RECOMMENDATION:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Appropriate an additional $571,600 of unassigned RDA Project Area Number 1
funding to the Avenue 52 Median Island Landscape Rehabilitation Improvements,
Project Number 2006-03.
FISCAL IMPLICATIONS:
Contingent upon the appropriation of an additional $571,600 of unassigned RDA
Project Area Number 1 funding to the Avenue 52 Median Island Landscape
Rehabilitation Improvements, Project Number 2006-03, the following is the
proposed funding and funding sources:
RDA Project Area Number 1 $1,176,600
Total Funding Available: $1,176,600
The following represents the anticipated project budget:
Design:
Inspection/Testing/Survey:
Construction:
Administration:
Contingency:
Total:
$ 60, 500
$46,888
$978,462
$30,250
$ 60, 500
$1,176,600
a 012
The project was originally assigned RDA Project Area Number 1 funds in the
amount of $605,000. An additional appropriation in the amount of $571,600 is
necessary to cover the shortfall between the approved project budget and the
anticipated construction costs.
CHARTER CITY IMPLICATIONS:
The project is 100% funded with Redevelopment Agency Project Area Number 1
funds. As such, the project was bid with prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The project is located on Avenue 52 from Washington Street to Jefferson Street.
The proposed landscape improvements will rehabilitate the existing landscaping to
include installing new drought tolerance landscape, drip irrigation, and median
island lighting. The landscape palette is based on the City Council approved
"desertscape" theme for primary image corridors.
The project limits were originally approved on Avenue 52, from Calle Rondo to
Jefferson Street. The new limits, from Washington Street to Jefferson Street, are
approximately one -quarter mile longer. Extending the project will allow the City's
"desertscape" palette to be installed consistently within the median island. The
project was advertised with a Base Bid Area which included the project limits
between Jefferson Street and Calle Rondo, and Additive Alternate Number 1 with
the balance of the project limits between Calle Rondo and Washington Street.
The Avenue 52 landscaping has been designed to be compatible with the
landscaping theme within the parkway adjacent to the SilverRock Resort.
However, the landscaping will be further enhanced once the Landscape Architect
for the Phase II SilverRock Resort has completed the overall landscape theme for
the Resort. This interim improvement is necessary to clean-up the medians in time
for the upcoming Bob Hope Classic.
On May 2, 2006, the City Council adopted a Resolution approving the Fiscal Year
2006/2007 through Fiscal Year 2010/2011 Capital Improvement Program (CIP).
The proposed improvements are included within the adopted CIP and scheduled for
funding during Fiscal Year 2006/2007.
013
On August 7, 2007, the City Council approved the Plans, Specifications and
Estimate (PS&E) and authorized staff to advertise for bid the Avenue 52 Median
Island Landscape Improvements, Project Number 2006-03.
On September 6, 2007, three sealed bids were received for the construction of this
project. Park West Landscape, Inc. submitted the lowest responsive combined bid
in the amount of $978,642. The basis of award was the lowest combined price of
the Base Bid Area plus Additive Alternate 1.
On September 18, 2007, the City Council appropriated unassigned RDA Project
Area Number 1 funding in the amount of $571,600; and awarded a contract to
Park West Landscape, Inc., in the amount of $978,462, to construct the Avenue
52 Median Island Landscape Rehabilitation Improvements, from Jefferson Street to
Washington Street (Base Bid Area plus Additive Alternate Number 1). This action
was contingent upon the City of La Quinta Redevelopment Agency's (RDA)
subsequent action to appropriate additional Project Area Number 1 funding toward
the proposed improvements.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Appropriate an additional $571,600 of unassigned RDA Project Area Number
1 funding to the Avenue 52 Median Island Landscape Rehabilitation
Improvements, Project Number 2006-03; or
2. Do not appropriate an additional $571,600 of unassigned RDA Project Area
Number 1 funding to the Avenue 52 Median Island Landscape Rehabilitation
Improvements, Project Number 2006-03; or
3. Provide staff with alternative direction.
Respectfully submitted,
n
othy R. Jo ass/s n P.E.
Public Works ire /City Engineer
014
Approved for submission by:
�6'Uvit-�G�' �.ti'P�✓t�-P�
Thomas P. Genovese, Executive Director
D. 015
F
Qu&rcu
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COUNCIL/RDA MEETING DATE: October 2, 2007
ITEM TITLE: Approval of the Plans, Specifications
and Engineer's Estimate (PS&E) and Authorization to
Advertise for Bid the Citywide Traffic Safety
Improvements, Project No. 2006-16 and Adoption of
a Resolution Making Certain Findings Pursuant to
Health & Safety Code Section 33445 (a)
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: r
CONSENT CALENDAR: V
STUDY SESSION:
PUBLIC HEARING:
Adopt the attached resolution making findings pursuant to Health & Safety Code
Section 33445 and consenting to the use of Project Area No. 2 redevelopment
funds for the Citywide Traffic Safety Improvements, Project Number 2006-16.
FISCAL IMPLICATIONS:
On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year
2007/2008 through Fiscal Year 201 1 /2012 Capital Improvement Program (CIP).
The Westward Ho Pedestrian Activated Crosswalk in the amount of $275,000 was
included within the adopted CIP and scheduled for funding during Fiscal Year
2007/2008. Two other minor improvements have been identified as being needed
to address safety needs within the same area. These two projects include the
installation of an emergency flashing beacon on Adams Street adjacent to La
Quinta Fire Station No. 93, and a minor modification to the existing traffic signal at
the intersection of Adams Street and Fred Waring Drive. Based upon the
Engineer's estimate of probable construction costs for these three projects, staff
believes all three projects can be constructed for the budget previously approved
for the Westward Ho Pedestrian Activated Crosswalk.
016
BACKGROUND AND OVERVIEW:
The Citywide Traffic Safety Improvements, Project Number 2006-16 includes three
minor projects at separate locations. The first project is the Westward Ho
Pedestrian Activated Crosswalk near the La Quinta High School. The second
project is the Adams Street emergency flashing beacon adjacent to the La Quinta
Fire Station. The third project is a modification to the existing traffic signal at the
intersection of Adams Street and Fred Waring Drive.
On May 1, 2007, the City Council adopted a Resolution approving the Fiscal Year
2007/2008 through Fiscal Year 201 1 /2012 Capital Improvement Program (CIP).
The Westward Ho Pedestrian Activated Crosswalk is included within the adopted
CIP and scheduled for funding during Fiscal Year 2007/2008.
The Adams Street emergency flashing beacon and the Adams Street/Fred Waring
Drive Traffic Signal Modification are minor projects that were identified outside the
normal budgeting process.
The PS&E for Citywide Traffic Safety Improvements is now complete and available
for review within the City's Public Works Department. Contingent upon City
Council authorization to advertise the project for bid on October 2, 2007, the
following represents the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Council Awards Contract
Sign Contracts and Mobilize
Construction
Project Close-out
FINDINGS AND ALTERNATIVES:
October 2, 2007
October 2 — 31, 2007
November 20, 2007
November 21 — 30, 2007
December 2007 — March 2008
April 2008
The alternatives available to the Agency include:
1. Adopt the attached resolution making findings pursuant to Health & Safety
Code Section 33445 and consenting to the use of Project Area No. 2
redevelopment funds for the Citywide Traffic Safety Improvements, Project
Number 2006-16; or
017
The following is the approved funding and funding source for the Westward Ho
Drive Pedestrian Activated Crosswalk:
RDA Project Area Number 2 $275,000
Total Funding Available: $275,000
Based upon the combined Engineer's estimate of probable construction costs in the
amount of $201,230, the following is the estimated project budget for the
Citywide Traffic Safety Improvements, Project 2006-16:
Professional: $6,874
Inspection/Testing/Survey: $32,146
Construction (Westward Ho Pedestrian Activated Crosswalk): $118,730
Construction (Adams St. Emergency Flashing Beacon) $59,500
Construction (Adams @ Fred Waring Signal Modification) $23,000
Contingency: $34,750
Total: $ 275,000
Adequate funding is available to construct all three improvements for the amount
budgeted for the Westward Ho Pedestrian Activated Crosswalk. All three of these
projects are similar in nature and scope. Advertising the project for construction
under one contract should result in an overall cost savings to the City.
Considering RDA Project Area No. 2 funds will be used, the City Council along with
the Redevelopment Agency will be required to adopt a resolution making certain
findings pursuant to Health and Safety Code Section 33445(a) and authorizing the
expenditure of funds for the Adams Street emergency flashing beacon, and for the
minor modification to the existing Traffic Signal at the intersection of Adams Street
and Fred Waring Drive. The appropriate resolutions are included for City Council
and Redevelopment Agency consideration. Staff believes that the facts supporting
the findings exist with regard to these improvements. Specifically, these
improvements will provide a direct benefit to Project Area No. 2 and its residents
by improving traffic safety. No other readily available funds exist for these
expenditures. The improvements are consistent with the Implementation Plan for
Project Area No. 2, and will help to eliminate inadequate infrastructure, which was
one of the blighting conditions identified in connection to Project Area No. 2.
a 018
2. Do not adopt the attached resolution making findings pursuant to Health &
Safety Code Section 33445 and consenting to the use of Project Area No. 2
redevelopment funds for the Citywide Traffic Safety Improvements, Project
Number 2006-16; or
3. Provide staff with alternative direction.
Respectfully submitted,
T othy R. on s n, P.E.
Public Wo s Di ctor/City Engineer
Approved for submission by:
/.-
Thomas P. Genovese, Executive Director
019
RESOLUTION NO. RA 2007-
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LA QUINTA, CALIFORNIA MAKING
CERTAIN FINDINGS PURSUANT TO HEALTH AND
SAFETY CODE SECTION 33445(a) AND
AUTHORIZING THE EXPENDITURE OF FUNDS FOR
THE CITYWIDE TRAFFIC SAFETY IMPROVEMENTS
WHEREAS, the Citywide Traffic Safety Improvements, Project Number
2006-16, are located in La Quinta Redevelopment Project Area No. 2 (the "Project
Area"); and
WHEREAS, the Citywide Traffic Safety Improvements, Project Number
2006-16, consist of the installation of an emergency flashing beacon on Adams street
adjacent to La Quinta Fire Station No. 93, minor modifications to the existing traffic
signal at the intersection of Adams Street and Fred Waring Drive, and installation of
the Westward Ho Drive Pedestrian Activated Crosswalk; and
WHEREAS, the locations in which these improvements will be installed
are documented as a condition of blight within the Project Area; and
WHEREAS, the construction of the Citywide Traffic Safety Improvements
would afford the City's Redevelopment 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 Citywide Traffic Safety Improvements; and
WHEREAS, it would be in the best interest of the public to construct the
Citywide Traffic Safety Improvements.
NOW, THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment
Agency as follows:
SECTION 1. The above recitals are true and correct and are adopted as
the findings of the Agency Board.
SECTION 2. The Agency Board hereby authorizes Agency funding to be
utilized for the Citywide Traffic Safety Improvements.
SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the
Agency finds and determines that:
020
Resolution RA 2007-
CW Traffic Safety
Adopted: October 2, 2007
Page 2
A. The construction of the Citywide Traffic Safety Improvements is of benefit to
the Project Area and to the immediate neighborhoods in which the
Improvements are located.
B. No other reasonable means of financing the improvements are available to the
community.
C. The Citywide Traffic Safety Improvements will assist in the elimination of one or
more blighting conditions inside the Project Area, and is consistent with the
Redevelopment Agency's implementation plan adopted pursuant to Section
33490.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Redevelopment Agency held on this 2nd day of October, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE OSBORNE, Chairperson
La Quinta Redevelopment Agency
ATTEST:
VERONICA J. MONTECINO, CMC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
021
Resolution RA 2007-
CW Traffic Safety
Adopted: October 2, 2007
Page 3
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency
022
ce4&t 4 4� Qu&rcu
COUNCIL/RDA MEETING DATE: October 2, 2007
ITEM TITLE: Consideration of a Professional
Services Agreement with Nestor + Gaffney
Architects for LEED Consulting Services for the
SilverRock Resort Clubhouse
RECOMMENDATION:
AGENDA CATEGORY:
I.31�91►1�XY.YDf.X� [1) `�Ei
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve a Professional Services Agreement with Nestor + Gaffney Architects
("NGA") for Architectural Leadership in Energy and Environmental Design (LEED)
Consulting Services for the SilverRock Resort Permanent Clubhouse 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 SilverRock Resort permanent clubhouse is contained within the fiscal year
2007-08 Capital Improvement Program, and includes funding for design as follows:
Task
Budget
Design (Engineering)
$1,404,000
CM/Testing/Inspections
$775,000
Construction
$18,674,000
Contingency
$4,559,010
Total
$25,412,010
The proposed contract amount is $114,000. The fixed fee budget includes:
architectural LEED consulting services ($84,000); and third -party testing and
validation services by an approved commissioning authority ($30,000).
i 023
The table below shows the total anticipated cost of LEED certification, which
includes the NGA contract, US Green Building Council fees; mechanical, electrical,
and plumbing engineering costs; and additional construction costs:
ITEM
COST
DESCRIPTIION
BUDGET
CATEGORY
NGA
$ 84,000
Architectural LEED Consultant
Design
Commisioning Authority
$ 30,000
Subcontracted to NGA
Inspection
USGBC
$ 5,100
Registration and Certification Fees.
Inspection
MEP Engineering
$ 13,000
Estimated costs for additional modeling and
Design
maximizing Title 24 efficiencies
General Contractor
$ 30 000
Estimated costs associated with documentation,
Construction
additional monitoriting, and material storage and
containment during construction
TOTAL
$ 162,100
Estimated cost to acquire LEED certification
NGA's contract will be charged to account number 401-1774-551.35-07;
however, when all design -related costs (engineering, project management, building
architecture, LEED consultant, landscape architecture, water feature design, future
lighting design, future waterproofing design, and various fees) are calculated, the
design costs exceed the design budget. As part of the overall clubhouse
budgeting, the design fees will be included in future RDA budget discussions.
BACKGROUND AND OVERVIEW:
On April 17, 2007, the Agency Board approved a contract with Altevers
Associates for design of the SilverRock Resort permanent clubhouse. The first
phase of work is the preparation of a preliminary program (i.e., conceptual site and
floor plans).
The Planning Commission reviewed and approved the preliminary program at its
September 25, 2007 meeting. The Planning Commission discussion focused on
energy efficiency and water conservation, including direction to pursue LEED
certification. In addition, the Agency Board and City Council have indicated their
desire to incorporate green building practices in new projects, with Vista Dunes
Courtyard Homes being a prime example. The "Leadership in Energy and
Environmental Design" ("LEED") certification program was formulated by the U. S.
• 024
Green Building Council ("USGBC"). According to the USGBC, "LEED certified
projects blend environmental, economic, occupant -oriented performance. They
cost less to operate and maintain, are energy- and water -efficient, and are a
physical demonstration of the values of the organizations that own and occupy
them." Projects are awarded Certified, Silver, Gold, or Platinum certification
depending on the number of credits they achieve. NGA has met with Altevers
Associates and reviewed the latest conceptual plans. Their initial assessment is
that the project has the potential to achieve a silver certification.
Because of the detail involved in LEED certification, it is common practice today to
hire a firm that specializes in LEED to assist with the process. Because of the
Agency's prior positive experience with NGA on the Vista Dunes project, staff has
solicited a proposal from them for LEED consultation.
The Scope of Services is divided into five components, including:
1. Feasibility Study/Design Development — Throughout the schematic and
design development phase, the LEED consultant will attend meetings, review and
provide comments on documents for the project including plans, elevations, and
specifications. They will prepare, maintain and review checklists aimed at tracking
project scoring and will assist in the RFI process during bidding.
2. Construction Phase Services — Throughout the 12 month construction
period of the project, the consultant will attend on -site construction meetings,
provide continuous monitoring and review of project status as it relates to LEED-NC
ongoing checklist. The consultant will document and track ongoing action items
and individual tasks as they relate to LEED; and coordinate with the Commissioning
Authority responsible for third party validation of building performance.
3. USGBC Submittal/Review/Acceptance — During the construction
phase, NGA will coordinate acquiring the required documents for presentation to
USGBC. These documents will be presented in a time to coordinate with the
project completion to be reviewed and ultimately accepted by the USGBC to
achieve an overall rating.
4. LEED Architectural Certification Assistance — This phase will include
preparation of graphical exhibits as required by LEED-NC for submittal of credits as
necessary, including credits which fall under requirements for the Architect of
Record. This phase will also include supplemental review of project submittals for
compliance with LEED requirements.
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5. LEED MEP Certification - This Task will include meetings and
coordination with MEP consultants to the Architect of Record and the
Commissioning Agent. Meetings will focus on requirements of the project that
directly relate to the LEED program mandatory requirements as well as goal points
in the Checklist. NGA will provide direction and examples to aid in LEED
documentation that is required to be completed by the MEP consultants.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve a Professional Services Agreement with NGA for Architectural
LEED Consulting Services for the SilverRock Resort Permanent Clubhouse
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 NGA for
Architectural LEED Consulting Services for the SilverRock Resort
Permanent Clubhouse; or
3. Provide staff with alternative direction.
Respectfully submitted,
Douglas . Ev s, Assistant City Manager — Development Services
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachment 1: PSA with Nestor + Gaffney Architects
MOOKIIII
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 NESTOR + GAFFNEY ARCHITECTURE, LLP ("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 architectural LEED
consuling services for the SilverRock permanent clubhouse, 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).
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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 One Hundred Fourteen Thousand
Dollars ($114,00) (the "Contract Sum"), except as provided in Section 1.6. The
method of compensation set forth in the Schedule of Compensation may include a
lump sum payment upon completion, payment in accordance with the percentage
of completion of the services, payment for time and materials based upon
Consultant's rate schedule, but not exceeding the Contract Sum, or such other
028
methods as may be specified in the Schedule of Compensation. Compensation will
not include reimbursement expeditures.
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. 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
i. 029
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. Ronald Nestor, AIA, Principal
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 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 Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for Agency to enter into this Agreement. Except as
set forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of Agency. In addition, neither this Agreement nor any interest
herein may be assigned or transferred, voluntarily or by operation of law, without
the prior written approval of Agency.
4.4 Independent Contractor. Neither Agency nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents
or employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of Agency and shall remain at all times as to Agency a wholly independent
A. 039
contractor with only such obligations as are consistent with that role. Consultant
shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of Agency.
4.5 Agency Cooperation. Agency shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by Agency.
5.0 INSURANCE, INDEMNIFICATION AND BONDS.
5.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Consultant shall procure and maintain, at
its cost, and submit concurrently with its execution of this Agreement, personal
and public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's acts or
omissions rising out of or related to Consultant's performance under this
Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Consultant's
performance hereunder and neither Agency nor its insurers shall be required to
contribute to any such loss. A certificate evidencing the foregoing and naming
Agency and its officers and employees as additional insured shall be delivered to
and approved by Agency prior to commencement of the services hereunder.
The amount of insurance required hereunder shall be determined by the
Contract Sum in accordance with the following table:
Contract Sum Personal Injury/Property Damage Coverage
Less than $50,000 $100,000 per individual; $300,000 per occurrence
$50,000 - $300,000 $250,000 per individual; $500,000 per occurrence
Over $300,000 $500,000 per individual; $1,000,000 per
occurrence
Consultant shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Consultant, its officers, any person
directly or indirectly employed by Consultant, any subcontractor or agent, or
anyone for whose acts any of them may be liable, arising directly or indirectly out
of or related to Consultant's performance under this Agreement. If Consultant or
Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle,
trailer or semi -trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
031
primary for losses arising out of Consultant's performance hereunder and neither
Agency nor its insurers shall be required to contribute to such loss. A certificate
evidencing the foregoing and naming Agency and its officers and employees as
additional insured shall be delivered to and approved by Agency prior to
commencement of the services hereunder.
Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than
$1,000,000 per accident or disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts,
errors or omissions of the consultant and "Covered Professional Services" as
designated in the policy must specifically include work performed under this
agreement. The policy limit shall be no less than $1,000,000 per claim and in the
aggregate. The policy must "pay on behalf of" the insured and must include a
provision establishing the insurer's duty to defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the State of California and with an A.M. Bests rating of
"A" or better and a minimum financial size VII.
All insurance required by this Section shall be kept in effect during the term of
this Agreement and shall not be cancelable without thirty (30) days written notice
to Agency of proposed cancellation. The procuring of such insurance or the
delivery of policies or certificates evidencing the same shall not be construed as a
limitation of Consultant's obligation to indemnify Agency, its officers, employees,
contractors, subcontractors, or agents.
5.2 Indemnification.
a. General Indemnification Provision.
1. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Consultant's Services, to the fullest
extent permitted by law, Consultant shall indemnify, protect, defend and hold
harmless Agency and any and all of its officials, employees and agents
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
032
connection therewith and costs of investigation, to the extent same are cause in
whole or in part by any negligent or wrongful act, error or omission of Consultant,
its officers, agents, employees or subconsultants (or any entity or individual that
Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements,
the Consultant shall not be liable for any injuries or property damage resulting from
the reuse of the design at a location other than that specified in Exhibit C without
the written consent of the Consultant.
2. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent permitted by
law, Consultant shall indemnify, defend and hold harmless Agency, and any and all
of its employees, officials and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees
of expert consultants or expert witnesses) incurred in connection therewith and
costs of investigation, where the same arise out of, are a consequence of, or are in
any way attributable to, in whole or in part, the performance of this Agreement by
Consultant ' or by any individual or entity for which Consultant is legally liable,
including but not limited to officers, agents, employees or subconsultants of
Consultant.
3. Standard Indemnification Provisions. Consultant agrees to
obtain executed indemnity agreements with provisions identical to those set forth
herein this section from each and every subconsultant or any other person or entity
involved by, for, with or on behalf of Consultant in the performance of this
agreement. In the event Consultant fails to obtain such indemnity obligations from
others as required herein, Consultant agrees to be fully responsible according to the
terms of this section. Failure of Agency to monitor compliance with these
requirements imposes no additional obligations on Agency and will in no way act as
a waiver of any rights hereunder. This obligation to indemnify and defend Agency
as set forth herein is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this agreement or this section.
4. Indemnity Provisions for Contracts Related to Construction.
Without affecting the rights of Agency under any provision of this agreement,
Consultant shall not be required to indemnify and hold harmless Agency for liability
attributable to the active negligence of Agency, provided such active negligence is
determined by agreement between the parties or by the findings of a court of
competent jurisdiction. In instances where Agency is shown to have been actively
negligent and where Agency's active negligence accounts for only a percentage of
+. 033
the liability involved, the obligation of Consultant will be for that entire portion or
percentage of liability not attributable to the active negligence of Agency.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 5.2(b). Notwithstanding Section
5.2(a) hereinabove, the following indemnification provision shall apply to
Consultants who constitute "design professionals" as the term is defined in
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless Agency and Agency's
agents, officers, officials, employees, representatives, and departments
("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature and description, damages, injury (including, without limitation,
injury to or death of an employee of Consultant or subconsultants), costs and
expenses of any kind, whether actual, alleged or threatened, including, without
limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses incurred in
connection therewith and costs of investigation, that arise out of, pertain to, or
relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or
willful misconduct of Consultant, any subconsultant, anyone directly or indirectly
employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 5.2(b),
the term "design professional" shall be limited to licensed architects, registered
professional engineers, licensed professional land surveyors and landscape
architects, all as defined under current law, and as may be amended from time to
time by Civil Code § 2782.8.
5.3 Remedies. In addition to any other remedies Agency may have if
Consultant fails to provide or maintain any insurance policies or policy
endorsements to the extent and within the time herein required, Agency may, at its
sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.'
b. Order Consultant to stop work under this Agreement and/or
withhold any payment(s) which become due to Consultant hereunder until
Consultant demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
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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, or its equivalent. Consultant also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Consultant's employees, or agents, from
waiving the right of subrogation prior to a loss. Consultant agrees to waive
subrogation rights against Agency regardless of the applicability of any insurance
proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and
available or applicable to this agreement are intended to apply to the full extent of
the policies. Nothing contained in this Agreement or any other agreement relating
to the Agency or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that has
not been first submitted to Agency and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the Agency, as the need arises.
Consultant shall not make any reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period) that may affect Agency's
protection without Agency's prior written consent.
035
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.
A.- 036
12. The Agency reserves the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the
Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the Agency will
negotiate additional compensation proportional to the increased benefit to Agency.
13. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto taking
any steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged
failure on the part of Agency to inform Consultant of non-compliance with any
insurance requirement in no way imposes any additional obligations on Agency nor
does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as
Agency, or its employees or agents face an exposure from operations of any type
pursuant to this agreement. This obligation applies whether or not the agreement
is canceled or terminated for any reason. Termination of this obligation is not
effective until Agency executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such coverage
has been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these specifications
applicable to the renewing or new coverage must be provided to Agency within
five (5) days of the expiration of coverages.
17. The provisions of any workers' compensation or similar act will not
limit the obligations of Consultant under this agreement. Consultant expressly
agrees not to use any statutory immunity defenses under such laws with respect to
Agency, its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party or
insured to be limiting or all-inclusive.
A. 037
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
038
subcontractors to assign to Agency any documents or materials prepared by them,
and in the event Consultant fails to secure such assignment, Consultant shall
indemnify Agency for all damages suffered thereby.
In the event Agency or any person, firm or corporation authorized by Agency
reuses said documents and materials without written verification or adaptation by
Consultant for the specific purpose intended and causes to be made or makes any
changes or alterations in said documents and materials, Agency hereby releases,
discharges, and exonerates Consultant from liability resulting from said change.
The provisions of this clause shall survive the completion of this Contract and shall
thereafter remain in full force and effect.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of
services under this Agreement shall not be released publicly without the prior
written approval of the Contract Officer or as required by law. Consultant shall not
disclose to any other entity or person any information regarding the activities of
Agency, except as required by law or as authorized by Agency.
7.0 ENFORCEMENT OF AGREEMENT.
7.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim or matter arising
out of or in relation to this Agreement shall be instituted in the Superior Court of
the County of Riverside, State of California, or any other appropriate court in such
county, and Consultant covenants and agrees to submit to the personal jurisdiction
of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by
submitting a claim therefore. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such
default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety and general welfare, Agency may take such
immediate action as Agency deems warranted. Compliance with the provisions of
this section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any
party's right to take legal action in the event that the dispute is not cured, provided
that nothing herein shall limit Agency's right to terminate this Agreement without
cause pursuant to Section 7.8.
039
7.3 Retention of Funds. Agency may withhold from any monies payable to
Consultant sufficient funds to compensate Agency for any losses, costs, liabilities,
or damages it reasonably believes were suffered by Agency due to the default of
Consultant in the performance of the services required by this Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Agency's consent or approval of any act by Consultant
requiring Agency's consent or approval shall not be deemed to waive or render
unnecessary Agency's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and
remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party
may take legal action, at law or at equity, to cure, correct or remedy any default,
to recover damages for any default, to compel specific performance of this
Agreement, to obtain injunctive relief, or to obtain any other remedy consistent
with the purposes of this Agreement.
7.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following
Section 7.8 for termination for cause. Agency reserves the right to terminate this
Agreement at any time, with or without cause, upon thirty (30) days' written
notice to Consultant. Upon receipt of any notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be entitled to compensation for
all services rendered prior to receipt of the notice of termination and for any
services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3.
7.8 Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, Agency may, after
compliance with the provisions of Section 7.2, take over work and prosecute the
same to completion by contract or otherwise, and Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
040
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.
J. 041
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:
NESTOR + GAFFNEY
ARCHITECTURE, LLP
Ronald Nestor, AIA, Principal
305 West Fourth Street
Santa Ana, California 92701
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
042
ATTEST:
Veronica J. Montecino, CMC, Agency Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
CONSULTANT
Name: Ronald Nestor, AIA
Nestor + Gaffney Architecture, LLP
Title: Principal
Date:
00
Exhibit A
Scope of Services
SilverRock Clubhouse
NGA as Architectural LEED consultant
Scope of service proposal is reflective of Project design presented for meeting on 8/28/07 which
included Altevers Associates Sheet A2-060, A2-200, & A2-210, all dated 6 August 2007. This
proposal is also reflective of the Schedule of Performance — Exhibit C, as received on April 10,
2007. Any changes to the design or schedule may result in changes to fees and scope of services.
At the time of this meeting, the LEED checklist was reviewed and with minimal changes to the
Design, it is estimated that the project can attain approximately a Silver rating under the LEED-
NC rating system.
TASK 1- Feasibility Study/Design Development — Throughout the Schematic and Design
Development Phase, NGA will prepare a preliminary Checklist and review with the Team.
Unless noted otherwise, Team refers to Agency Staff, Golf Dimensions, and Altevers and
Associates. NGA will prepare a comment section for each item that the Team is or may be
pursuing. This Task will include attending a maximum of 14 meetings in the 12 month Schedule
ending with the start of the Construction Phase. NGA will present an agenda for each
meeting's LEED discussion and follow up comments as well as task items as necessary. During
this time NGA will review and provide feedback comments on Documents for the Project
including plans, elevations, as well as specifications. This Task will also include aiding in the
RFI process during bidding as required for LEED items.
TASK 2- Construction Phase Services — Through the 12 month Construction Phase of the Project
NGA will attend a maximum of 12 meetings. NGA will provide continuous review of Project
status as it relates to the LEED-NC ongoing checklist. This Task will also include ongoing
Action item direction and NGA will prepare a agenda for each meeting as well as follow up
comments and task items as necessary. The meetings for this Phase should be a portion of the
on -site construction meetings and the Contractor, Owner, and Architect should be present during
these meetings. NGA will also coordinate with the Commissioning Authority who will be
required at meetings when necessary.
TASK 3- USGBC Submittal/Review/Acceptance — During the Construction Phase of the Project
NGA will coordinate acquiring the required Documents for presentation to USGBC. This Task
will include compiling the required documents from all entities applicable into a binder. This
binder will be presented in a time to coordinate with the Project completion to be reviewed and
ultimately accepted by the USGBC to achieve an
overall rating. This Task does not include preparation of graphic exhibits as described separately
in Task 4.
TASK 4- LEED Architectural Certification Assistance - This Phase will include preparation of
graphic exhibits as required by LEED-NC for submittal of credits as required. NGA will utilize
architectural AutoCadd backgrounds from the Architect of Record for this Phase and any other
consultants as necessary, and will prepare 8.5 x 11 or 11 x 17 documents for the LEED Binder
for credits which fall under requirements for the Architect of Record. This Phase will also
include supplemental review of Project submittals for compliance with LEED requirements.
TASK 5 — LEED MEP Certification. This Task will include 6 separate meetings and
coordination with MEP consultants to the Architect of Record. Meetings will focus on
requirements of the Project that directly relate to the LEED program mandatory requirements as
well as goal points in the Checklist. This Task will also include NGA attendance at meetings
with MEP consultants and Commissioning Agent for coordination. NGA will also provide
direction and examples in meetings to aid in LEED documentation that are required to be
completed by the MEP consultants.
These Tasks will not guarantee compliance by any of the Parties listed above, or any other
Parties involved in the process. All effort will be made to maintain the Goal points achieved and
any deviations from this, known to NGA will be brought to the attention of the Agency
immediately.
Exhibit B
Schedule of Compensation
Architectural and Engineering
Compensation for architectural and engineering services will be a fixed fee as defined below:
TASK nRSCRTPTTf1N
YMr11
Feasibility StudylDesign Development
$20,000
Construction Phase Services
$24,000
USGBC/SubmiliaUReview/Acce lance
$15,000
LEED Architectural Certification Assistance
$12,000
LEED MEP Cerli rcation
$13,000
TOTAL
$84 000
Commissioning Authority 1 $30,000
The above services shall be billed as a percentage of completion on a monthly basis and
are subject to review and approval by the Contract Officer. In the event the Agency
exercises it right to terminate the agreement by giving the notice provided for in Section
7.7, the Agency shall only be responsible for paying for the percentage of the fee that
reflects the percentage of completion.
Reimbursable Expenses
There are no reimbursable expenses.
O`YL
Exhibit C
Schedule of Performance
Consultants Project Schedule is directly parallel to the clubhouse architects
schedule 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.
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Exhibit D
Special Requirements
Increase/Decrease in Scope of Project
Consultant's Scope of service proposal is reflective of Project design presented for meeting on
8/28/07 which included Altevers Associates Sheet A2-060, A2-200, & A2-210, all dated 6
August 2007. This proposal is also reflective of the Schedule of Performance - Exhibit C. Any
substantive changes to the design or schedule may result in changes to fees and scope of
services.
Owner's Obligations
Agency will pay LEED-NC registration and certification fees to USGBC.
Limitation of Damages
Agency and Consultant agree that breach of this Agreement and liability for any and all actions
involving, arising from, or related to this Agreement will result in damages that are difficult to
ascertain. Therefore, the parties agree that the total amount of damages recoverable by
Agency from Consultant in any action of claim shall not exceed the amount of E&O insurance
available, which is an amount that Agency and Consultant agree is a reasonable approximation
of damages under this Agreement.
Hourly Based Services and Additional Services
Hourly Ibased services and additional services will be provided by Consultant if requested by
Agency in writing executed by the Executive Director. Additional services will include
revisions to previously approved plans, additional entitlement exhibits, and additional
meetings and presentations. Additional services will be paid by Agency monthly and
invoiced on an hourly basis in accordance with the following schedule of rates.
Architectural Services
Principal
$195.00/hour
Sr. Designer
$140.00/hour
Associate
$120.00/hour
Project Architect
$100.00/hour
Designer
$ 90.00/hour
Clerical
$ 50.00/hour
2. If the basic services covered by this Agreement have not been completed within thirty (26)
months of the date hereof, through no fault of Consultant, extension of Consultant's
services beyond that time shall be compensated as hourly based services or a negotiated
fixed amount.
Payment to Architect
049
Payments on account of Consultant's basic services, Additional Services shall be made
monthly upon presentation of Consultant's statement of services rendered.
2. For additional services of subconsultants, a multiple of one point one five (1.15) times the
amounts billed to Consultant for such services.
059
4 XP QK!Arry
F
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: October 2, 2007
BUSINESS SESSION: o�
ITEM TITLE: Consideration of SilverRock Resort
Clubhouse Program Development and Budget CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Provide staff with comment and direction regarding the Permanent Clubhouse
programming based on plans and exhibits prepared by the Altevers Associates; and
provide comment and direction in regard to the estimate of cost prepared by the
Golf Dimensions.
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.
The Permanent Clubhouse component includes funding for the engineering and
construction as follows:
Task
Budget
Design (Engineering)
$1,404,000-
CM/Testing/Inspections
$775,000
Construction
$18,674,000
Contingency
$4,559 010
Total
$25,412,010
The preliminary budget estimate shows that the cost of the building and site
improvements to be approximately $27,460,465 plus contingency, City, CVWD,
and other fees. This figure exceeds the budget estimate in the CIP. The proposed
preliminary plan includes a number of improvements that were not considered in
J. 051
the CIP budget including the following elements: a new lake, increased building
size, increased site area, additional parking, LEED Certification, expanded outdoor
events areas, and practice green. These enhanced amenities or programs are
estimated to cost approximately $2,860,654. At this time the RDA does not need
to modify the project budget or appropriate any additional funding. This project
budget is preliminary and additional work needs to be done to finalize the budget.
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 (one auto and two golf cart), water, sewer and dry utilities; the
Permanent Clubhouse; the second Municipal Golf Course; the entry feature, and on -
site landscaping.
The Redevelopment Agency (RDA) is in the process of preparing plans for the
Permanent Clubhouse at SilverRock Resort (SRR). The Clubhouse site and roadway
locations have been set by the RDA, and at this time, staff is requesting comments
on the site and floor plans. The RDA has retained Altevers Associates as the
project architect ("Project Architect") and HSA Design Group as the project
landscape architect ("Landscape Architect"). Both firms have had extensive
experience in designing golf course clubhouses in the Coachella Valley including the
recently completed Toscana Country Club in Indian Wells. In addition, the Project
Architect has designed the clubhouse at PGA West, the Reserve, Stone Eagle,
Thunderbird Country Club, Indian Ridge, and Mission Hills.
Clubhouse Design Process
The RDA is in the preliminary stages of site design, programming and budgeting for
the Permanent Clubhouse. The RDA's Technical Team, in collaboration with the
project architect, design consultants, and Landmark Golf ("Operator") have initiated
a thorough process for evaluating the requirements of the RDA, and evolving the
clubhouse design concept to the current draft which has been presented to the
Planning Commission.
The design history and development process which has resulted in the current
clubhouse site and floor plans is as follows:
The City Council approved the SRR Specific Plan on July 8, 2006. The Specific
Plan Section 2.4 Master Plan Use, identifies Planning Area 1 as Golf Course Open
Space, including a clubhouse site allocation of approximately seven acres located
adjacent to the first tee boxes of the existing Arnold Palmer Classic course. The
clubhouse site has since increased to t 11 acres in size as a result of the final road
alignment of SilverRock Way being determined. The new alignment reallocates
approximately four acres of golf course acreage to the clubhouse site. The
clubhouse program identified in the Specific Plan proposed a total of 20,000 sq. ft. 042
e:.
of clubhouse interior area on the main floor. The Specific Plan did not allocate
square footage for the clubhouse lower level, or "cart barn."
In March 2007, Golf Dimensions ("Project Manager") assisted the RDA's technical
team in the research and development of a clubhouse program based on the
Specific Plan requirements and the anticipated demands of the SilverRock project.
Committee members in consultation with the Operator created a general outline
and description of the primary functional areas typically found in a public golf
clubhouse facility. In addition, technical team members toured similar public and
private clubhouses in the Coachella Valley to gain insight into the various types of
facilities and spatial allocations provided. As a result of this effort, the SilverRock
Phase II Clubhouse Programming document was prepared (April 2007). This
document summarized the RDA desired square footage allocations for the
SilverRock Permanent Clubhouse. This clubhouse program included 19,942 sq. ft.
of area on the main level, and 11,700 sq. ft. of area within the lower level, for a
total of 31,642 sq. ft. The additional square footage added to the lower level was
required to accommodate golf cart storage for two (2) golf courses.
In April 2007, the Agency Board approved a contract with the project architect for
the design of the Permanent Clubhouse facilities. Based on the clubhouse program
developed by the RDA's technical team, in conjunction with the Operator, the
project architect prepared three conceptual design iterations of the proposed
clubhouse site and floor plans. Each design iteration was presented to the RDA's
technical team and Operator, whose review comments and recommendations were
compiled and forwarded to the project architect for consideration.
The attached conceptual clubhouse floor plans were presented to the Planning
Commission on September 25, 2007 and represented the project architect's
interpretation of the RDA's program requirements, square footage allocations, and
the input received from the RDA staff, and the Operator collectively. This design
includes 20,790 sq. ft. of area on the main floor and 17,051 sq. ft. of area within
the lower floor, for a total of 37,805 sq. ft.
In the future, the Architecture and Landscape Review Committee and Planning
Commission, as well as the Agency Board, will review the clubhouse architectural
plans and provide their comments and recommendations at the schematic design
stage of plan development. In addition, the RDA Board will also review detailed
budgets, design development, and construction documents.
Clubhouse Design Considerations
The site plan has been designed to be centrally located between the Arnold Palmer
Classic Course and the second golf course. The site location and building
orientation are intended to maximize views of the hillside and the existing Golf
Course. The second golf course is intended to be a resort course and is yet to be
designed.
The following design objectives were established for the Clubhouse:
• Maximize hillside views
• Create indoor and outdoor event spaces
• Accommodate 200-people within the building for events
• Provide sufficient parking for golf and event functions
• Create an inviting entry that features convenience for golfers and allows
separate access for events
• Facilitate golf cart staging and storage areas with sufficient area to
accommodate two shotgun starts
• Orientate the building and site improvements to protect the Clubhouse from
the No. 1 tee
• Design an outdoor event lawn which creates a unique outdoor activity space
with sufficient screening (eight foot wall) from SilverRock Way
• LEED Certification (Planning Commission recommendation)
• Water efficient design (Planning Commission recommendation)
The purpose of this item is for the Agency Board to review and comment on the
proposed site plan and floor plan. Exhibits provided include a site plan, main level
floor plan, and lower level floor plan. The main level floor area is 20,790 square
feet and the lower level is 17,015 square feet. The total building area is 37,805
square feet. The site area has been increased from approximately seven acres to
approximately 11 acres. The additional acreage is being re -allocated from the
second resort golf course to the clubhouse. This shift in the site plan will not
affect the ability to design a first class resort golf course. The project architect,
technical team members and Operator are working on refinement of the lower level
(cart barn), ingress and egress. It is expected that the next phase of plan
development will include additional discussions on this part of the project.
Clubhouse Preliminary Estimate of Cost
The RDA established a budget for the design, entitlement and construction of the
Permanent Clubhouse based on 37,000 square foot clubhouse. The budget
approved in the Fiscal Year 2007-08 CIP is $25,412,010.
The Project Manager has developed revised estimates of cost based on the current
design, utilizing unit pricing provided by the project architect, and the clubhouse
design team. This estimate is based on the August 27, 2007 project architect's
plan and the cost is estimated to be $27,460,465.
The project architect's contract includes a provision for increasing the design fees
by $30.00 per square foot, should the final clubhouse design exceed 33,000
054
square feet of total gross enclosed area. The project architect's August 27, 2007,
floor plan (37,805 sq. ft.) provides an additional 4,805 square feet over the
33,000 allocation, which will result in a fee increase of $144,150. This fee
increase is reflected in the current clubhouse cost estimate.
The current estimate of costs exceeds the RDA's original figures; however, the
current plans reflect a site that has increased by approximately four acres, and by
805 sq. ft. of interior clubhouse area. Additionally, the construction cost of the
building and interior furnishings have a five to ten percent cost increase due to the
expected start of construction date. The proposed design features a large lake and
new putting green. Based upon a comprehensive design program, the Agency
Board will need to provide direction regarding the estimated cost.
Cost Reduction Consideration
Potential cost reducing considerations for the clubhouse site development, include
the following:
a) Re -allocate the costs associated with the clubhouse lake ($864,165) to the
golf course budget.
b) Re -allocate the cost associated with the clubhouse practice putting green
($95,040) to the golf course budget.
c) Re -allocate costs associated with the transfer of approximately four acres
($1,412,449) from the golf course to the clubhouse site.
Potential cost reducing considerations for the clubhouse program include the
following:
a) Reduce the overall square footage costs allocated to the clubhouse interior
(value engineering).
b) Reduce the overall square footage of the clubhouse interior by down-scoping
the clubhouse program (elimination of clubhouse components, i.e., storage,
locker rooms, general circulation).
Clubhouse Development Schedule
The clubhouse schedule of performance indicates an eight month period from the
completion/approval of the programming and budget phase, to the start of the
construction documents (which are shown beginning in March 2008), and
completion scheduled for September 2008 (when these plans are to be publicly
bid). Construction of the clubhouse is scheduled to begin December 2008, and
project completion/acceptance scheduled for December 2009.
or
Architecture and Landscape Review Commission Action
On September 5, 2007, the Architecture and Landscape Review Committee
reviewed the conceptual drawings. Committee members asked questions regarding
drainage, how the new CVWD landscape ordinance would affect the site, the
budget to maintain the course, and if the island design could be more concave and
not mounded to keep it out of the street. Following discussion, it was unanimously
determined to approve the conceptual drawings as submitted.
Planning Commission Action
The Planning Commission, at its September 25, 2007 meeting, reviewed the
subject plans and exhibits. Commissioner discussion focused on the site plan,
energy conservation and water conservation. Commission members expressed
very positive comments regarding the site plan and overall design direction while
asking questions about the proposed lake, layout of the floor plan, and site
orientation.
Following discussion, the Commission unanimously recommended approval of the
preliminary drawings subject to adding water and energy conservation measures to
the project objectives outlined in this report.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Provide staff with direction regarding the Permanent Clubhouse program
development and budget; or
2. Provide staff with alternative direction.
Respectfully submitted,
Dou las R vans
Assistant City Manager -Development Services
A- 056
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Overall Master Plan
2. Clubhouse Site Plan — August 27, 2007
3. Clubhouse Main Floor Plan — August 27, 2007
4. Clubhouse Lower Level Floor Plan — August 27, 2007
5. Clubhouse Preliminary Estimate of Cost — 9/24/07
6. Clubhouse Preliminary Programming Exhibit
•_, 057
)59
9
ATTACHMENT 5
SILVERROCK RESORT- Phase 2
CLUBHOUSE COST ESTIMATE
DIRECT COST
Description
city
Unit
Rate
Total Budget
Comments
AREAS
Site(gross ac.
10.23
ac
445,551 s.f.
Building
65,135
s.f.
Main Level
20790
s.f.
Lower Level
17 015
s.f.
Ancillary Exterior
27 330
s f
Building Footprint
36382
a
Lake
57611
s(.
Practice Green
6.336
s.f.
SITE
409169
31
6 12.66
9 5178980
Rough & Precise Grading
1
I.S.
700,000
700,000
Lake
57611
af.
15.00
864,165
Practice Green
6,33
a f
15.00
95,040
Evert Lawn
7,824
af.
5.00
39,120
Event Lawn Screen Wall
190
I.f.
150.00
28.500
Event Lawn Gazebo/Trellis
1
Is
50,000
50,000
Allowance
Service Yard
5,679
s.f.
7.39
41,948
Includes CMU Fence $15011 f & Gale 61,500
Entry Court and Enhanced Paving Sidewalk
3,274
s.f.
20.00
65,480
Entry Courtyard Drive Enhanced Paving
13.18
s.f.
20.00
263,640
,Entry Courtyard Screen Walls
95
if.
150.00
14,250
Golf Cart Staging/Cart Parkin Ram
20.237
s.f.
2.50
50,593
Golf Cad Staging Enhanced Paving
2.492
s f
20.00
49,840
Parking Lot AC Paving
74.736
a
2.50
186,840
Landsca a/Irti ation
208,238
s.f.
800
1.665.904
Flahvork
9,560
s.f.
4.00
38.240
Storm Chain, Sewer, Electrical, Gas, CAN
1
Is.
675,000
675,000
Courtyard Water Feature
1
I.S.
50,000
50,000
Curb&Gutter
4,991
Lf.
18.00
89838
Curb
3,886
If
1400
54404
She Lighting
208238
s.f.
075
156,179
BUILDING
37806
s.f.
$ 453.85
9 17,157,920
Main Level
20,790
31
450.00
9,355,500
Lower Level
17015
s.f.
450.00
7,656,750
Exterior Uncovered Areas - Pavino
2.487
s.f.
20.00
49,740
Retaining Walls W hi h
397
I.f.
150.00
59,550
Rams
733
s 1
20.00
14,660
Planters
1,810
s.f.
12.00
21,720
Total Direct Cost
$ 22,336,900
INDIRECT COST
Description
Oty
Unit
Rate
Total Budget
Comments
CONSULTANTS
$ 2765235
Golf Dimensions
1
Is.
687.874
687874
Altevers Associates
1,389,000
Architectural
1
I.e.
689,000
689,000
Structural
1
I.S.
118,000
118,000
MEP
1
Is.
133,000
133,000
Food Service
1
I S
26,000
20,000
Acoustic Consultant
1
Is
Inc/
Pro Shop Consultant
1
Is,
6000
6000
Hardware Consultant
1
I.S.
Incl
Cost Estimating Consultant
1
I.S.
30,000
30,000
Rendering 2
1
I.S.
7,500
7,500
Scale Model
1
I.S.
17,000
17000
As-bui0 Plans
1
I.B.
4,500
4,500
Interior Design
1
I.B.
179,000
179,000
Reimbursable Expenses
i
I.S.
45000
45.000
Addendum No.1
1
Is.
140,000
140,00
Estimate (4,805 s.f $30/s f
RBF Consulting
142 659
Ste Plan Calculations
t
I.s.
8,000
8,000
Parkin Lot Layout
1
I.s.
5,500
5,500
Precise Grading Plans 1
11
I.S. 1
36,5001
36,500
2:14 PM 92Q 007
062
SILVERROCK RESORT - Phase 2
CLUBHOUSE COST ESTIMATE
INDIRECT COST
Description
Qty
Unit
Rate
Total Budget
Comments
Horizontal Control Plan
t
Is,
2,500
2,500
Private Utility Plan
1
Ls
5,000
5,000
Dry Utility Plan
1
I.S.
9,000
9,000
Parking Lot Lighting Plan
1
Ls.
12,500
12,500
Creek Crossing
1
le.
9,300
9,300
Bid Packa e & Bidding Assistance
1
le.
6,000
6,000
Project M mt Coordination & QA/QC
1
Is
14,400
14,400
Construction Support
1
Is.
6,500
6,500
Clubhouse Rough Grading Stakes
1
I.e.
12,5001
12,500
Building Location Stakes
1
I.S.
8,500
8,500
Clubhouse Building Form Ven ication
1
I.S.
3,500
3,500
Reimbursable Expenses
1
I.S.
2,959
2959
HSA
1
Is.
203,385
203,386
Landscape Architecture
incl
Irrigation Design
and
Lighting Design Concept
incl
Reimbursable Expenses
incl
Aquatic Design Group
i
I.S.
35,917
35,917
Lake Design
and
Field Services
incl
Reimbursable Expenses
incl
Other Consultants
306,400
Geotechnwal Engineering
1
I.S.
44.000
44,000
Estimate
Waterproofing consultant
1
I.S.
18,000
18,000
Estimate
Lighting Consultant
1
I.S.
12,000
12.000
Estimate
Archeol ist/Palecntolcist
1
I.S.
50,000
50,000
Estimate
LEED Consultant
i
I.S.
182,400
182,400
PERMIT & FEES
$
Plan Check & Permit Fees
1
Is
0
9
School Fees
1
I.S.
0
S
MIti ation Fees
i
I.a.
0
S
Development Impact Fees
1
I.a.
0
$ -
Not Applicable
Transportation Fees
1
la.
0
$
Grading Plan Check & Permit
1
Is.
0
$
CVWD Sewer Connection Fee
1
Is,
0
$
CVWD Water Connection Fee
1
Is
0
$
Misc. En in aring & Landscape Fees
1
Is
0
$
Fire Authority
1
Is
0
$
OTHER
$ 21358,330
Mat. Testing & Insp
75,000
Estimate
SI na e
I
I.S.
0
0
Reprographics
1
Is.
0
0
FF&E
1
Is.
2,105.300
2,106,300
Altevers' estimate
Furniture, carpet, wall coverings, window treatments,
incl
decrotive lighting, artwork, aocessories, int. si na e,
plants, ash and trash,containers, freight, warehousing,
installation, 12% purchase fee
China flatwareglassware, small wares kitchen
incl
Allevers' estimate
utensils, menus linens utildy shelving, trash handling
equipment. engineers office equipment, Dart storage.
washer/dryer, cartwasher, ice machine, once, biz
storage mcks club repair accessories employee
lounge equipment and fur hum, POS/AV equipment,
telephone system, chefs office equipment, banquet
operations equipment and accessories, computers,
rioters valet equipment.
FF&E 2008 Increase
1
1 s
178.030
178030
Ahevers' estimate
Art In Public Places
1
I.s.
0
0
Total Indirect Cost
I
S 5123565
Total Direct & Indirect Cost I I I I S 27460405
214 PM 9/24/2007
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