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2008 01 15 RDARedevelopment Agency agendas are available on the City' web page @ www.la-quinta.org REDEVELOPMENT AGENCY AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, JANUARY 15 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. RA 2008-001 CALL TO ORDER Roll Call: Agency Board Members: Adolph, Henderson, Kirk, Sniff, and Chairman Osborne PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the Redevelopment Agency Board may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. PROPERTY OWNER/NEGOTIATOR: LENNAR DESERT VILLAS DEVELOPMENT, GARY GLAZER; AND CP DEVELOPMENT LA QUINTA, LLC., RICHARD OLIPHANT. 001 Redevelopment Agency Agenda 1 January 15, 2008 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 LOCATED AT THE SOUTHEAST CORNER OF JEFFERSON STREET AND AVENUE 52. PROPERTY OWNER/NEGOTIATOR: RJT HOMES-CODORNIZ, LLC., CHAD MEYER. RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PUBLIC COMMENT At this time members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF DECEMBER 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 JANUARY 2 AND JANUARY 15, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED NOVEMBER 30, 2007. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED NOVEMBER 30, 2007, AND INVESTMENT SUMMARY FOR QUARTER ENDING DECEMBER 31, 2007. 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH HARVEY MILLS DESIGN FOR GOLF COURSE IRRIGATION DESIGN FOR THE SILVERROCK RESORT SECOND GOLF COURSE 002 Redevelopment Agency Agenda 2 January 15, 2008 BUSINESS SESSION 1. CONSIDERATION OF PRELIMINARY GOLF COURSE ROUTING PLANS FOR SILVERROCK RESORT. A. MINUTE ORDER ACTION 2. CONSIDERATION OF SILVERROCK RESORT CLUBHOUSE SCHEMATIC DESIGN PROGRAM DEVELOPMENT AND BUDGET UPDATE. A. MINUTE ORDER ACTION 3. CONSIDERATION OF REDEVELOPMENT AGENCY REORGANIZATION. A. MINUTE ORDER ACTION STUDY SESSION — NONE CHAIR AND BOARD MEMBERS' ITEMS — NONE PUBLIC HEARINGS - NONE ADJOURNMENT The next regular meeting of the Redevelopment Agency will be held on February 5, 2008, 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. Redevelopment Agency Agenda 3 003 January 15, 2008 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 January 15, 2008, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on January 11, 2008. DATEDyd"anuary 11, VERONICA j,,,MONTECINO, City Clerk City of La Q lnta, California 004 Redevelopment Agency Agenda 4 January 15, 2008 COUNCIL/RDA MEETING DATE: January 02, 2008 ITEM TITLE: Demand Register Dated January 02, 2008 RECOMMENDATION: It is recommended the Redevelopment Agency Board: Receive and File the Demand Register Dated January 02, 2008 of which $1,686,091.40 represents Redevelopment Agency Expenditures AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA 003 o� C ` OF COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Demand Register Dated January 15, 2008 RECOMMENDATION: It is recommended the Redevelopment Agency Board: Receive and File the Demand Register Dated January 15, 2008 of which $447,255.36 represents Redevelopment Agency Expenditures AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR _ / STUDY SESSION PUBLIC HEARING PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA 006 `e� 4 XP Qa&rcu COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Transmittal of Treasurer's Report as of November 30, 2007 RECOMMENDATION: It is recommended the Redevelopment Agency Board: Receive and File. AGENDA CATEGORY: BUSINESS SESSION: ^^ CONSENT CALENDAR: -Ca— STUDY SESSION: PUBLIC HEARING: PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA 007 ��cEM OF 945 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Transmittal of Revenue and Expenditure Report for November 30, 2007 and Investment Summary Report for the Quarter Ending December 31, 2007 Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: .I.IM BACKGROUND AND OVERVIEW: GItl3001INFI11II010111 iT BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: ra1114csi 61 X (TRIM Transmittal of the November 30, 2007 Statement of Revenue and Expenditures and Investment Summary Report for the Quarter Ending December 31, 2007 for the La Quinta Redevelopment Agency. Respectfully submitted, John M. Falconer, Finance Director Attachments: Approved for submission by: Thomas P. Genovese, Executive Director 1. Revenue and Expenditure Report, November 30, 2007 2. Investment Summary for the Quarter Ending December 31, 2007 11• E LA OUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO. 1: 0710112007. 11/30/2007 REMAINING % BUDGET RECEIVED BUDGET RECEIVED ATTACHMENT 1 LOWIMODERATE BOND FUND: Allocated Interest Home Sale Proceeds Non Allocated Interest Transfer in TOTAL LOWIMOD BOND LOWIMODERATE TAX FUND: Tax Increment Allocated interest Non Allocated Interest Miscellaneous revenue Non Allocated Interest LORP-Rem Revenue Home Sales Proceeds Sale of Land Sevrer Subsidy Reimbursements Rehabilitation Loan Repayments 2nd Trust Deed Repayment Transfer In TOTAL LOWIMOD TAX DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Inlerst - County Loan Interest Advance Proceeds Transfers In TOTAL DEBT SERVICE 0.00 000 000 0000% 000 000 000 0000% 0.00 0.00 000 0 000 % coo 000 000 O000% 0.00 000 000 0.000% 10 6DO,600 00 18,72315 10,581,87685 0180% 404,800 00 18,189 51 386,610 49 4 490% 000 543.25 (543 25) 0000% 000 125,000 00 (125,000 00) 0000% 000 0.00 0.00 0 000 % 252.000 00 94.444 00 157,556 00 37 480 % 150,00000 158,06085 (8,06085) 105370% 0.00 0.00 0.00 0,000% 000 3,23121 (3,231,21) 0000% 000 DOO 0.00 0000% 0.00 303,190.04 (303,19004) 0000% 313,15&00 0.00 313,15600 0000% 11,720,556.00 721,38201 10,999,173.99 6.150% 42,638,700.00 73,39986 42,565,30014 0,170% 896,100 00 233,264 25 662.835 75 2&030% 0.00 0.00 0.00 0 000 % 000 000 000 0000% 000 000 000 0.000% 4,450,261.00 2,979,620.44 1,470,640.56 66950% 47,985,06100 3,286,284.55 44,698,776.45 6.850% CAPITAL IMPROVEMENT FUND - NON-TAXABLE Pooled Cash Allocated Interest 37.90000 47,77873 (9,878.73) 126,070% Non Allocated Interest 500,000.00 331.428.27 168,571.73 66,290% Developer Agreement Funding 000 000 000 0000% Sale of Land Proceeds 3,894,6D000 000 3,894,60000 0000% Rental Income 000 coo 0.00 0.000% Transfers In 25,000,000,00 000 25,000,000.00 0000% TOTAL CAPITAL IMPROVEMENT 29,432,500.00 379,207.00 29,053,29300 1.290% CAPITAL IMPROVEMENT FUND - TAXABLE Pooled Cash Allocated Interest 0.00 000 0.00 0000% Non Allocated Interest 0.00 0.00 0.00 0,000% Litigation Settlement Revenue 0.00 0.D0 0.D0 0.000% Bond proceeds DDO 0.00 0.00 0000% Rental Income 0.00 0.00 ODD 0000% Transfers in 0.00 000 000 0000% TOTAL CAPITAL IMPROVEMENT 000 000 000 0000% 019 3 LA OUINTA REDEVELOPMENT AGENCY EXPENDITURE SUMMARY PROJECT AREA NO 1 LOWIMODERATE BOND FUND LOW/MODERATE TAX FUND: DEBT SERVICE FUND: 07/01/2007 - 11/30/2007 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET PERSONNEL 000 000 000 000 SERVICES 000 000 000 000 REIMBURSEMENT TO GEN FUND 0.00 0.00 0.00 000 HOUSING PROJECTS 000 000 000 0.00 TRANSFERS OUT 000 000 000 000 TOTAL LOW/MOD BOND OpO.Lb PERSONNEL 1.10000 80515 000 29485 SERVICES 362,76400 103,376.05 0.00 259.38795 BUILDING HORIZONS 000 000 000 0.00 LO RENTAL PROGRAM 200,000.00 59,915 24 000 140,084 76 2nd TRUST DEED PROGRAM 225,000 00 191,050 00 000 33,950.00 LAND ACQUISITION 10,276.12700 5,752,29762 0,00 4.523.82938 ',FORECLOSURE 425,00000 146,150.00 0.00 278.85000 'REIMBURSEMENT TO GEN FUND 652,47100 271,86240 0.00 380.60860 TRANSFERS OUT 4 450,261 00 2,979,620 44 0 00 1,470,64EI 56 TOTAL LOW/MOD TAX SERVICES 457,30000 6.39166 0.00 450,90834 BOND PRINCIPAL 3,514,57900 2,795,000.00 000 719,57900 BONDINTEREST 7,500,553.00 3,791.30813 0.00 3,709,24487 INTEREST CITY ADVANCE 1,020,00000 428,82603 000 591,17397 PASS THROUGH PAYMENTS 22,808,01200 418,26771 000 22,389,74429 ERAF SHIFT 000 000 0.00 000 TRANSFERS OUT 28,970,960.00 2,519,319.35 000 26,451,640.65 TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: PERSONNEL 1,100.00 80515 000 29485 SERVICES 992,55900 156,37938 25,975.00 810,20462 LAND ACQUISITION 0 00 000 0.00 000 ASSESSMENT DISTRICT 000 0.00 000 0.00 ADVERTISING -ECONOMIC DEV 000 0.00 000 000 ECONOMIC DEVELOPMENT 000 0.00 000 0.00 BOND ISSUANCE COSTS 000 0.00 000 0.00 CAPITAL -BUILDING 10,000.00 000 0.00 10.00000 REIMBURSEMENT TO GEN FUND 311.03300 129,59660 000 181,436.40 TRANSFERS OUT 63,089,04000 1,320,94402 0.00 61,768,095.98 TOTAL CAPITAL IMPROVEMENT CAPITAL IMPROVEMENT FUNDITAXASLE BOND BOND ISSUANCE COSTS 000 0,00 000 000 TRANSFERS OUT 0.00 000 0.00 000 TOTAL CAPITAL IMPROVEMENT u GO 0 uO Ouu IIa0 Oil LA OUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO. 2: 0710112007 - 1113012007 REMAINING % BUDGET RECEIVED BUDGET RECEIVED LOW/MODERATE BOND FUND: Allocated Interest Non Allocated Interest Bond Proceeds (net) Transferin TOTAL LOW/MOD BOND LOW/MODERATE TAX FUND: Tax Increment Allocated Interest Non Allocated Interest Developer funding Vista Dunes MHP Rental Rev 2nd Trust Deed Repayment ERAF Shift - Interest Sale of Land Transferin TOTAL LOW/MOD TAX ,ERATE BOND FUND: Allocated Interest Home Sale Proceeds Non Allocated Interest Transfer In TOTAL LOW/MOD BOND DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Interest Advance Proceeds Transfer In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: Allocated Interest Non Allocated Interest Developer Agreement Transfers In TOTAL CAPITAL IMPROVEMENT 000 0 DO 0.00 0 000 % 000 000 000 0000% 0.00 0.00 0.00 0 000 % 0.00 coo 000 0000% 0.00 000 000 0.000% 5.563.900 00 13,549 61 5.550,350 39 0 240% 742,100 DO 65.087 57 677,012 43 8 770% D.00 000 000 0000% 000 0.00 000 0000% 000 000 000 0000% 000 59,219 00 (59.219.00) 0 000 % 000 000 0.00 0000% 352,687 00 352.687.00 0.00 100 000 % 000 000 000 0000% 6,658,68700 490,54318 6,168,14382 7370% 000 0.00 0.00 0 000 % 0.00 000 000 0000% 2,000,00000 861,39488 1,138,60512 43070% 0.00 000 000 0.000% 2,000,00000 861,39488 1,138.60512 43.070% 22,923.1000D 54,19845 22,868,901.55 0240% 573,20000 50,D45.09 523,154.91 6730% 0.00 000 000 0.000 000 0.00 000 0.000% 1.955,846 00 1,240,858 77 714 987.23 63 440% 25,452,146.00 1.345,10231 24,107,04369 5280% 58,900.00 25,082.91 33,81709 42590% 0.00 000 000 0000% 0.00 000 000 0000% 000 000 0.00 0.000% 58,900.00 25,08291 33.817.09 42590% I 012 5 LA QUINTA REDEVELOPMENT AGENCY 07/01/2007 - 11/30/2007 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PROJECT AREA NO. 2: LOWIMODERATE BOND FUND 2nd TRUST DEEDS 000 000 000 0.00 LAND 000 000 0.00 0.00 BOND ISSUANCE COSTS 000 000 0.00 000 TRANSFERS OUT 000 0.00 000 0,00 TOTAL LOWIMOD BOND LOW/MODERATE TAX FUND: PERSONNEL 700.00 48724 0.00 212.76 SERVICES 540,46400 104,027,51 000 436,43649 2ND TRUST DEEDS 000 000 0.00 000 LOW MOD HOUSING PROJECTS 000 50000 0.00 (500.00) FORECLOSURE ACQUISITION 100,000.00 000 000 100,000.00 WATERCOLOR COURT HOMES 4,500,00000 2,139,100.00 000 2.360.90000 LAND ACQUISITION 333,55500 39.42700 0.00 294,12800 REIMBURSEMENT TO GEN FUND 356,50500 148,543.30 000 207.96170 TRANSFERS OUT 7,256,43000 1,902403.05 000 5,354,026.95 TOTAL LOWIMOO TAX 2004 LOW/MODERATE BOND FUND HOUSING PROGRAMS 000 000 000 000 iLAND 000 000 000 000 TRANSFERS OUT 33,684.23600 4,646,94741 0.00 29,037,28852 TOTAL LOW/MOD BOND7 45 DEBT SERVICE FUND: SERVICES 176,10000 1,91454 0.00 174,18546 BOND PRINCIPAL 110,000 00 110,000 00 000 000 BOND INTEREST 310,135.00 156,26375 000 153,871.25 INTEREST CITY ADVANCE 1,000,000.00 416,66662 000 583,33338 PASS THROUGH PAYMENTS 18.688.40600 25,00637 0.00 18,663,399.63 TRANSFERS OUT 1,955,846.00 1.240,85877 000 714,98723 TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: PERSONNEL 70000 48696 000 21304 SERVICES 123,64100 39,883.87 0.00 83,75713 ADVERTISING -ECONOMIC DEV 000 0.00 0.00 0.00 ECONOMIC DEVELOPMENT ACTIVITY 000 0.00 000 0.00 REIMBURSEMENT TO GEN FUND 25,291 00 10,537.70 0.00 14,753.30 TRANSFERS OUT 473,00400 17,13014 000 455,873.36 TOTAL CAPITAL IMPROVEMENTEEEI 013 D. ATTACHMENT 2 n mw� rn uni (O O ^W 0 0 0 0 0 0 to 0 0 0 0 0 0 m O M �L6p� � cV O N m N m 0 O 0 0 0 L 0 0 0 0 0 0 0 0000 Coco 0 O 000000 t+104� 000000 0000 th (tOO N O O O O m m m m m m m m m m m m O 0 p O O � � O N N N N X X X X X T( X X X X o t0M cps ZZZ Z Z Z ZZ ZZZZ D D D D D D D D D D D D G C C G C C C C C C C C J J J J J J J J J J J J LL LL LL LL LL LL LL LL LL LL LL LL N _ _ _ <O tO t0 fO /O M <O (O 70 t0 (O <0 = J J= J J J J J J J J J mmmm>>>>>>>>>>>> m m w N N N N N N N N N N N N N m m m m LAY `YY -�YY.�YY LY H N N d N c N N N N N N N N N N N N N N N N N N N N N N N N C C C C C C C C C C C C U � U � y U U U U m N U > > >> o.o m �.o m U U Nw LL aaamO m-m-m a� �mmm�mLaU0�,Cc o v v v o v v o 0 0 0 o rn rn rn rn N O O O N N N N N N - O O N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C C C mmmmmmmmmmmmmmmm mm n nm nm�v�mmmrnmmu6 014 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Approval of a Professional Services Agreement with Harvey Mills Design for Golf Course Irrigation Design Services for Phase II SilverRock Resort Second Golf Course RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with Harvey Mills Design for Professional Golf Course Irrigation Design Services for the Phase II SilverRock Resort second golf course and pumping facilities improvement and authorize the Executive Director to execute the Agreement subject to any minor modifications approved by the Executive Director and Agency Counsel. FISCAL IMPLICATIONS: The total proposed contract sum is $129,250. The contract has a time range to allow flexibility to the Agency with regarding to the timing of the golf course construction. This time range results in the need to allow for reasonable adjustments to the fee schedule. If the golf course were completed by 2010, the contract sum would be $95,000. The maximum contract amount is $129,500 and assumes the golf course would be completed by the end of 2012. This fixed -fee budget includes: Phase I: ($13,000) Design services including schematic design and design development plans for the second golf course irrigation system and pump station facilities. Phase II: ($102,750) Construction documents, plans and specifications for the golf course irrigation system and pumping facilities ($28,500); field services including construction 015 staking ($45,750); record drawings ($10,000); control system programming and mapping ($18,500). Reimbursable expenses for Phase I and Phase II are $13,500. A 6% per year cost of living increase ($34,250) has been added to the Phase II services which are scheduled for 2010 through 2012 for a revised total contract sum of $129,250. Should the design and construction of the second golf course be completed prior to this time period, a savings/credit to the Agency will occur. The Phase II SilverRock Resort Improvements are included within the draft 2007- 2008 Capital Improvement Program. Project components include: Infrastructure, Permanent Clubhouse, Second Golf Course, and Entry Feature/Roads. Each of the above -listed components includes funding for "engineering and design" services as follows: Project Component Fiscal Year 2007-2008 Engineering Budget Infrastructure $ 1,989,000 Permanent Clubhouse $ 1,404,000 Second Golf Course $ 2,106,000 Entry Feature/Roads $ 351,000 Total $ 5,850,000 The costs for the golf course irrigation design services will be proportionate to the "engineering and design" budget category for the second golf course. BACKGROUND AND OVERVIEW: The Phase II SilverRock Resort improvements include the installation of: the "backbone" infrastructure, including on -site streets, three (3) bridges spanning the Coachella Canal (1 auto and 2 golf cart), water, sewer and dry utilities; the permanent clubhouse; the second municipal golf course; the entry features, and on - site landscaping. The La Quinta Redevelopment Agency (RDA) solicited proposals from golf course irrigation design firms to provide schematic design development and construction documents, specifications, schedules and cost estimates for Phase II SilverRock Resort second golf course. The Golf Course Irrigation Designer shall be responsible for the design of the computer controlled irrigation system for all tee boxes, fairways, roughs, and greens associated with the second golf course based on the course design prepared by the golf course architect and approved by the RDA. The Golf Course Irrigation Designer shall be responsible for coordination with the civil engineer with regard to the overall site hydrology; the landscape architect, with regard to providing irrigation point -of -connections for all non -turf areas within the golf course; and the lakes and water features designer with regard to lake capacity and irrigation system water demands. The RFP to obtain Golf Course Irrigation design services for the Phase 11 SilverRock Resort was distributed by the RDA on September 19, 2007 and, on October 11, 2007 the RDA received four (4) proposals in response to the RFP. The Consultant Selection Process outlined within Resolution 2005-096 was followed. The Executive Director appointed a Consultant Selection Committee consisting of Doug Evans, Assistant City Manager — Development Services; Tim Jonasson, Public Works Director; Steve Howlett, Golf & Parks Manager; and Rob Jones, Golf Dimensions, to review and rank the proposals received. Following the ranking process, three (3) firms were selected to receive interviews with the Consultant Selection Committee, two of which were held on November 30, 2007. The third firm was not available to meet with the selection committee on the date requested. Following the interview/presentation process, the Consultant Selection Committee again ranked the two (2) firms interviewed. As a result of this thorough selection process, Harvey Mills Design was selected as the most qualified firm to provide the services outlined in the RDA's Request for Proposal. The Scope of Services is divided into several phases, including: Schematic design, design development, construction documents, construction cost estimates, construction specifications, value engineering, team interface, bidding support, construction process, as -built documentation, and meetings/presentations/site visits. These are detailed in the PSA, Exhibit A, Scope of Services. The attached golf course irrigation design schedule/Schedule of Performance (Exhibit "C") indicates the golf course irrigation design services being initiated in two (2) phases: 017 Phase I: The schedule of performance indicates project theming beginning July 2007, and concluding in September 2007. Schematic plans are shown starting September 2007, and concluding December 2007. Design development plans for the streetscapes, project entries and clubhouse only are shown to begin December 2007, and conclude in March 2008. Construction documents for the streetscapes, project entries and clubhouse only, is shown beginning March 2008, and concluding June 2008, when these components will be publicly bid. Construction of the streetscapes, project entries and clubhouse is scheduled to begin December 2008, and project completion/acceptance is scheduled for December 2010. Phase II: Park Site and Golf Course The schedule of performance indicates an approximately 23-month period from the completion of the schematic plans for the park site and golf course to the start of these design development plans and construction documents. The design development plans for the park site and golf course are shown beginning May 2010, and concluding August 2010, and construction documents are shown beginning August 2010, and concluding December 2010, when these components will be publicly ' bid. Construction is scheduled to begin August 2011, and project completion/acceptance is scheduled for November 2012. This schedule is the most aggressive timeline for the Resort Hotel. As noted above, the schedule could be extended to 2012. The Professional Services Agreement (Attachment 1) has been negotiated by Agency staff and Golf Dimensions. One important modification which has been negotiated from the Agency's standard Professional Services Agreement is the indemnification provision in Section 5.2. The parties ultimately agreed upon the indemnification language which has been recommended by the California Joint Powers Insurance Authority for municipal contracts with design professionals. Due to time constraints, the attached Agreement is subject to minor revisions to be approved by the Agency Executive Director and Agency Counsel. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 018 1. Approve a Professional Services Agreement with Harvey Mills Design for Landscape Architectural Services for the SilverRock Resort Phase II improvements and authorize the Executive Director to execute the Agreement subject to any minor modifications approved by the Executive Director and Agency Counsel; or 2. Do not approve a Professional Services Agreement with Harvey Mills Design for design of the SilverRock Resort Phase II Improvements; or 3. Provide staff with alternative direction. Respectfully submitted, azz Douglas R. E ans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, Executive Director Attachments: 1. PSA with Harvey Mills Design 019 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 Harvey Mills Design ("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 Golf Course Irrigation Design Services for Phase II SilverRock Resort Improvements, 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). 020 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 Twenty-nine Thousand, Two Hundred Fifty Dollars ($129,250) (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 021 Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to Agency no later than the tenth (10th) working day of such month, in the form approved by Agency's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. Agency will pay Consultant for all expenses stated thereon which are approved by Agency pursuant to this Agreement no later than thirty (30) days after invoices are received by the Agency's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays dueto 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. 022 3.4 Term. The term of this agreement shall commence on January 16, 2008 and terminate on December 31, 2012 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of Agency. 4.2 Contract Officer. The Contract Officer shall be Agency's Assistant Executive Director or such other person as may be designated by the Agency's Executive Director. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. 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 023 or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 4.5 Agency Cooperation. Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by Agency. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither Agency nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming Agency and its officers and employees as additional insured shall be delivered to and approved by Agency prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 occurrence Over $300,000 Personal Injury/Property Damage Coverage $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per $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, 024 Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither Agency nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming Agency and its officers and employees as additional insured shall be delivered to and approved by Agency prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to Agency of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify Agency, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, 025 injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless Agency, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of Agency to monitor compliance with these requirements imposes no additional obligations on Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Agency as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of Agency under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless Agency for liability attributable to the active negligence of Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Agency is shown to have been actively negligent and where Agency's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of Agency. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless Agency and Agency's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies Agency may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Agency may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 027 C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies Agency may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and Agency agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds Agency, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against Agency regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Agency or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the Agency, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of 1 contractual liability or reduction of discovery period) that may affect Agency's protection without Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to Agency at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, Agency has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by Agency shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at Agency option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to Agency of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to Agency. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Agency for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to Agency, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the Agency. At that time the Agency shall review options with the Consultant, which may include reduction i; 029 or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency will negotiate additional compensation proportional to the increased benefit to Agency. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of Agency to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on Agency nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as Agency, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until Agency executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to Agency within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to Agency, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of 030 clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge Agency or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to Agency. It is not the intent of Agency to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Agency for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to Agency of any claim or loss against Consultant arising out of the work performed under this agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of Agency and shall be delivered to Agency upon termination of this Agreement or upon the earlier request 031 of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to Agency any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Agency for all damages suffered thereby. In the event Agency or any person, firm or corporation authorized by Agency reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, Agency hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of Agency, except as required by law or as authorized by Agency. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, Agency may take such immediate action as Agency deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided 032 that nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Agency may withhold from any monies payable to Consultant sufficient funds to compensate Agency for any losses, costs, liabilities, or damages it reasonably believes were suffered by Agency due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. Agency's consent or approval of any act by Consultant requiring Agency's consent or approval shall not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, Agency may, after 033 compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed Agency as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 AGENCY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of Agency Officers and Employees. No officer or employee of Agency shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by Agency or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of Agency shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To Agency: To Consultant: LA QUINTA REDEVELOPMENT AGENCY Attention: Thomas P. Genovese Executive Director 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. LA QUINTA REDEVELOPMENT AGENCY Thomas P. Genovese, Executive Director Date ,, 035 ATTEST: Veronica J. Montecino, CMC, Agency Secretary APPROVED AS TO FORM: M. Katherine Jenson, Agency Counsel CONSULTANT: Name: Title: Date: 036 Exhibit A Scope of Services 037 SCOPE OF WORK The following tasks shall be performed by the Golf Course Irrigation Designer in the preparation of the design and construction plans and specifications for the Phase II 18 hole golf course irrigation system. (Refer to exhibit `D' Phase II Components.) 1.0 Schematic Design Phase (2008) The following identifies the scope of work associated with the development of the schematic design plans and specifications for the proposed golf course irrigation system and related improvements. In addition to the scope of work described below, the designer will be available to respond to all reasonable requests by the Project Manager, on behalf of the RDA for meetings and correspondence. Because of project phasing required to meet the Agency's DDA/DA with LDD SilverRock, LLC, (Delivery of completed second golf course at resort hotel completion) the schematic design phase shall be performed from February 2008 through May 2008. Notes — Components to be consistent with existing golf course. Incorporate future irrigation pumps for the new golf course with the existing pumps on the existing golf course to operate as back up systems for one another. The Schedule of Performance indicates an approximately 23 month period from the completion of the schematic plans to the start of the design development and construction documents. 1.1 Existing Project Documentation Review 1.1.1 The Designer shall review existing project information and analyze it to determine issues, problems, findings and problem resolutions that could be relevant to the project design and construction. Existing documents available for review include: • Phase I Plans & Construction Documents • Current Phase II Plans and Construction Documents • Engineering Base Information • Site Topography Map / Aerial Survey • Completed Phase I Installations (on -site review) 1.1.2 Review the conceptual lake system plans as proposed and provide preliminary irrigation design guidelines for coordination with the Lake Designer. 1.1.3 Provide any suggestions that may create a more economical solution to the golf course irrigation systems, without compromising the systems performance. 1.2 Project Coordination 038 The Designer will initiate the project by meeting with the RDA's SilverRock Technical Team (The Committee), the Project Manager, staff and other design team members to review all Concept and Development Plans and other available information, and to discuss the following: o Information that may be available from the RDA, including base maps, conceptual design considerations, etc. o Existing development and construction documents currently prepared for Phase II. Y Requirements of other design team members directly related to the Designer's product. Y Project budget. Y Project schedule. 1.3 Site Review 1.3.1 The Consultant shall attend a site review meeting with the Project Manager and other design team members to review existing Phase I conditions, and visit and analyze the proposed project site. 1.3.2 Study the existing site to obtain a thorough understanding of all turfgrass irrigation requirements. 1.3.3 Study existing water sources, proposed water storage facilities, site elevations and water requirements, including the possible utilization of existing nuisance groundwater. 1.4 Conservation Requirements The consultant shall prepare a water and energy conservation program addressing water and energy conservation principles and other features to reduce consumption of resources as part of the design and operations. Consultant shall coordinate with CV WD to determine all plan ad submittal requirements. 1.5 Schematic Plans The Consultant shall prepare Schematic Plans, including conceptual designs identifying the following: 1.5.1 Prepare preliminary water demand analysis. 1.5.2 Prepare a preliminary sprinkler layout and main line routing utilizing the proposed golf course routing plan provided by the golf course architect. 1.5.3 Determine appropriate irrigation system design concepts. Prepare complete head and piping design of four (4) typical holes of a golf course reflecting proposed irrigation design concepts which would influence the ultimate construction costs 11. 039 of a new irrigation system. Develop an approximate location, sizing, and quantity of field satellite units with the communication method for same four holes. 1.5.4 Compare preliminary water projections against planned water availability. Analyze the proposed irrigation water supply for the ability to accommodate peak period requirements based on the current delivery. 1.5.5 Identify the pumping facility requirements and distribution pipe routing and sizing, for hydraulic requirements and preliminary peak demand flow -rates. 1.5.6 Simulate water distribution of various heads anticipated in the final design of irrigation system. Utilize a computer program for test data to determine water distribution and uniformity of applicable irrigation heads by spacing, nozzle size, and pressure. 1.5.7 Requirements of the other team members directly related to the lake system. Most importantly, identify the site hydrologic requirements and constraints. 1.5.8 Project budgets and schedules. 2.0 Deshm Development Phase (2010) After approval by the RDA of the Schematic Design, the Consultant shall prepare Design Development Plans which will refine the design character of the project and identify specific materials and construction methods to be used. The plans will delineate all site construction elements, and will be developed in typical construction document format on 30" x 42" sheets, as further defined by the RDA prior to initiation. 2.1 Basesheets The Consultant shall prepare basesheets based upon the Golf Course Architect or project Civil Engineer -provided horizontal control base information in a standard working drawing format as required by the RDA. 2.2 Design Development Plans The Consultant shall prepare Design Development Plans and details as needed for all components of Phase II, and identify all materials, sizes, quantities, performance standards, etc. 2.2.1 Provide criteria regarding turfgrass water requirements, potential water sources, power requirements and power locations. 2.2.2 Detailed information based on this preliminary design, for electrical services requirements and equipment locations to aid the design team in the development of the overall project power requirements. 2.2.3 Provide an annual water use projection to be used in the evaluation of existing water sources, existing well data and pumping requirements, to include all golf course areas. 2.2.4 Determine turfgrass and landscape crop coefficients, estimated management factors, and anticipated irrigation distribution uniformity to determine net monthly system water requirements. Indicate by hole, the total season water requirements in gallons and acre-feet, as well as peak flow demand. Develop detailed monthly projections by turfgrass type (list per month) throughout the year indicating net application rate, monthly usage, and total yearly requirement. 2.2.5 Provide color renderings showing sprinkler coverage. 2.2.6 Provide complete turfgrass irrigation system pipe routing, sizing and flows. 2.2.7 Prepare a distribution hydraulic network analysis model identifying proposed distribution piping by node and pipe section. Include pertinent data such as elevations, demand nodes, hydraulic grades, and pressure regulating valve locations (if required). 2.2.8 Identify total material required for installing the preliminary distribution network and corresponding irrigation design drawings to estimate probable construction costs of the final irrigation system. Utilize typical fairway designs to project the final quantities of the completed irrigation system. 2.2.9 Prepare a preliminary "Estimate of Probable Cost' of construction of the golf course irrigation system at the completion of Design Development Phase of work. 2.2.10 Attend a minimum of (3) three meetings during the design development phase of work. The first meeting will provide general information and coordination with a goal towards a complete understanding of all issues related to the golf course irrigation design by related team members. Other meetings will be held to present general recommendations relevant to the golf course irrigation design and to present the first preliminary "estimate of probable costs" of construction for the golf course irrigation system. 2.2.11 Identify possible drainage needs based on elevations, slopes, and irrigation distribution. 3.0 Construction Document Phase (2010) After approval by the RDA for the Design Development Plans, the Consultant shall prepare Construction Document Plans in sufficient form and detail to facilitate the construction implementation. 3.1 Basesheets Update basesheets based upon information provided by the project Civil Engineer, Landscape Architect, Clubhouse Architect, Golf Course Architect, and various design 041 consultants. 3.2 Construction Document Plans 3.2.1 Provide the design criteria for the pump station building(s) with specific size and construction recommendations. 3.2.2 Provide points of connection for future landscaping needs. 3.2.3 Prepare construction drawings for the irrigation system using AutoCAD. Consider the character of the course, exposure, topography, turf types, maintenance requirements, and soil conditions. Utilize the results of the preliminary design analysis and design development strategies. 3.2.4 Prepare detailed construction drawings of the hydraulic distribution piping network, including routing, sizing, and isolation valve locations. 3.2.5Prepare control system drawings for the control system equipment and indicate the locations of field satellite units and limits of service, central computer, weather station, and communication cable routing. 3.2.6 Develop irrigation construction details for appropriate components as necessary to communicate intent of the design and identify the components of the installed irrigation equipment assemblies, including sprinklers, piping system, control system, and wiring. 3.2.7 Assemble project manuals to incorporate the irrigation system and pumping facility, technical specifications, supplemental unit pricing, and general and special conditions. 3.2.8 Be available for up to four (4) meetings with the project manager, the RDA, and RDA staff. 3.2.9 Provide updated budget projections to verify that the proposed design is commensurate with the RDA's construction budget. The construction cost estimate will update the estimate prepared during the design development phase. This estimate will also be prepared in a spreadsheet format, to include any and all items covered in the lake system Scope of Work and will be prepared in the same format as the lake system bid sheets to allow for easy comparison to bids at the time of contractor selection. 4.0 Construction Cost Estimates Prepare Construction Costs based upon the approved designs. Construction costs will be provided at the completion of the Schematic Design Phase, the Design Development Phase, and at 50% and 100% completion of the Construction Document Phase. Estimates will include unit costs and quantities by construction item. 04? 5.0 Construction Specifications Provide construction specifications for the improvements described above in CSI Master Format. Construction specifications will be provided at the completion of the Schematic Design Phase (in outline format only), Design Development Phase, and at 50% and 100% completion of the Construction Document Phase. 6.0 Value Engineering Provide value engineering services directly related to their scope of work, and in conjunction with other design team consultants. The Consultant will evaluate and incorporate where agreed as applicable, the value engineering provided by other design consultants. The Contractor will be available to meet up to three (3) times during the design process, separate from the regular design progress meetings, for the specific purpose of discussing value engineering issues related to the project. 7.0 Team Interface The Consultant will interface with other design team consultants through the Project Manager by incorporating other design plan concepts as they relate to the landscape architectural plans and specifications. The Consultant will provide progress plan drawings as deemed necessary during the team meetings to the Project Manager as well as the necessary design team consultants in order to communicate design progress and design changes that impact the other design team consultants' work. Changes from the most recent progress plan set submittal will be indicated by the Consultant by means of highlighting or clouding. The Consultant will be responsible for providing reviews and comments for other design team consultant plans (i.e., Golf Course Architect, Civil Engineer, Lakes & Water Features Designer, Facility Architect, Private Hotel Design Team, etc.) for consistency throughout the project. 8.0 Bidding Support The Consultant shall provide assistance during the bidding of the project to include the following: • Review and add comments(s) to bid alternates as developed by the Project Manager. • Attendance at Pre -Bid Meetings to be held on site. • Provide assistance to respond to Contractor submitted Requests for Information pertaining directly to the G.C. Irrigation System Design scope of work in the form of written clarifications or revisions to plans and specifications as appropriate. • Provide assistance reviewing Contractor bids. 9.0 Construction Process Throughout the construction of Phase II the Consultant will provide construction support, including field and office services to include the following; 9.1 Pre-Construction%ickojfMeeting Attend pre -construction kick-off meetings, at the job site, with the Contractor and the Project Manager, to review the site conditions and to discuss key construction processes relating to the Golf Course Irrigation scope of work. 9.2 Submittal Review Review pertinent submittals for the Golf Course Irrigation System improvements within the construction documents and provide approvals, rejections, or requests for additional information (as required). 9.3 Material Review Review quality of materials (as delivered to the site) and provide approvals, rejections or requests for additional material (as required). 9.4 Request for Information Response Provide responses to Contractor and Project Manager issued Requests for Information in regards to clarification for Golf Course Irrigation System improvements and provide design clarification or redesign (if necessary). 9.5 Construction Observation 9.5.1 The Consultant will attend weekly coordination meetings at the job site, provide observation services during the construction process, and will provide input and recommendations (as necessary) based upon the site visits to review construction progress on the Golf Course Irrigation System improvements. 9.5.2 Field observations of the irrigation construction will be conducted during each field visit to verify proper system installation and coordinate related construction. Visual inspections of the contractor's work will include head spacing, thrust blocking, fitting installation, controllers, wire splices, and other relevant items. 9.6 Project Close -Out 9.6.1 At the completion of the construction process, coordinate with the Project Manager for the preparation of a "punch list" which identifies the remaining Contractor responsibilities in order to complete the project to the satisfaction of the contract. 9.6.2 Schedule and conduct a preliminary walk-through with the Contractor to review the irrigation installation and system operation. Walk-through will consist of a ,..) 044 physical and operational walk-throughs. Activating each station electronically during the operational portion of review, and check each head for proper operation and are adjustment. Review all above grade equipment and below grade valve box components during the physical portion of walk-through. Prepare a "Punch List" of all items that require corrections by the Contractor before final acceptance is granted. 9.6.3 Conduct a final walk-through with the Contractor to insure that the installation is complete, all necessary corrections or adjustments have been made, and that all equipment and maintenance manuals have been provided. 9.6.4 Utilizing GPS or Total Station survey equipment, continuously map throughout the construction phase the locations of all sprinklers, valves, controllers, and wire splices. 9.6.5 From a construction staking survey, produce feature analysis indicating area in square feet for each golf feature including greens, tees, fairways, roughs, landscape areas, and water features. Produce record drawings indicating each of these specified areas by golf hole. Include lined measurement and outline the cart paths and water features. 9.6.6 Prepare final record drawings of the golf course irrigation system. Record drawings will be in AutoCAD format provided on vellum plot and include "As- builts" Mechanical, Electrical, Communication, and Control Wiring Sequence drawings. 9.6.7 Provide the owner's representative with all relevant maintenance and operations manuals of irrigation equipment. 9.6.8 Prepare colored version of the record drawings (laminate in plastic) for use in the Golf Course Superintendents office. 9.6.9 Prepare individual field satellite unit drawings and plot from the final record drawings to indicating station and area served by each satellite unit. Bind in 3 ring binder to provide a field set of all record information. 9.6.10 A final inspection and walk through will be provided to ensure the irrigation contractor has completed the project per the final irrigation design and construction documents. A "punch list" will be prepared and provided to the owner for distribution to the golf course contractors. 9.6.11 Prepare Computer Generated Final Construction Drawings. This plan will include locations of all sprinklers, valves, drains, piping, controllers and measurements. 9.6.12 Provide an Interactive Electronic GPS Mapping and final layout report (Cirrus or TMAP). 9.6.13 Provide set-up, programming, and training for golf course irrigation personnel. A minimum of 8 hours of training will be provided for all designated golf course 11 045 personnel. 9.7 Post -Construction Evaluation and Inspection The Consultant will participate in post -construction job walks prior to the expiration of the Contractor's maintenance for a one-year guarantee period. 10.0 As -Built Documentation Preparation 10.1 The Consultant shall prepare Record Drawings (as-builts) of the golf course irrigation system at the completion of the project. The Record Drawings will be prepared based upon the field documentation developed by the Project Manager, and project sub -contractors throughout the construction process. Record Drawings will be provided in computer format as well as one (1) reproducible set. 10.2 Following completion of each hole grading and shaping, a survey of all new golf course features including greens, tees, fairways, bunkers, cart paths and trees. Design an irrigation system for each constructed hole to include heads, laterals, and programming. Irrigation "Heads" layer of Auto CAD drawing file will be downloaded into total station survey equipment, and heads locations will be surveyed from the AutoCAD design. Staking will include sprinkler heads, controllers, specialty valves, quick couplers, and any other relevant items. Perform staking of all turfgrass irrigation heads. A staking report will be sent after each visit accounting for work in progress, work completed, and variance from design. 10.3 Distribute to Contractor "As -Surveyed" drawings within 48 hours from surveying the heads, including field adjustments (if necessary), routing of distribution piping, and location of field satellite units. 11.0 Meetings, Presentations and Site Visits 11.1 Design Process The design process is anticipated to occur over an approximate twelve (12) month period, during which the design team will meet regularly to review design progress and to discuss value engineering issues as well as the project budget and schedule. The Consultant should anticipate up to two (2) meetings per month to be held with the RDA. 11.2 Design Presentations The Consultant shall participate in presentations of the project milestones and other methods of communication sufficient to clearly articulate the project concept, various features of the project, and design emphasis, and other information to ensure consistency with the goals and objectives for the project. 11.3 Construction Process During the construction of the Phase II, the Consultant will attend site meetings and make site reviews (as necessary) to review the work progress. 046 The construction process is anticipated to occur over an approximate twelve (12) month period. 11.4 Post Construction Process The Consultant will provide a post construction site visit as described herein. 047 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation/Cost Proposal attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Twenty-nine Thousand, Two Hundred Fifty Dollars ($129,250) except as specified in Section 1.6 - Additional Services of the Agreement. 049 HARVEY MILLS RESIGN GOLF COURSE IRRIGATION CONSULTING COS"1` 1)R0110SA1, Phase I —Schematic Design and Design Development (2008) $ 8.000.00 Coordination Meetings with Design Team 5,000.00 Phase II —Construction Documents (May 2010 to June 2011) 28,500.00 Construction Staking (August 2011) 35,750.00 Construction Staking Contingency (Re -staking architectural changes) 10,000.00 Record Drawings (November 2011) 10,000.00 Control System Programming and Mapping (2012) 18,500.00 Total (USD) $115,750.00 Expense Allowance (historical average)* $13,500.00 Grand Total (USD) $ 129,250.00 *The expense allowance noted above is an estimate based on past projects for per diem travel and incidental expenses that will be billed for each site visit. Published California State Standard Per Diem rates will apply for hotel, meal, and incidental expenses. Back-up for these expenses will not be included unless requested. Reproducible expenses such as plotting and delivery services will be billed at cost plus 15% for administrative handling. These expenses will include all backup. The fee noted above is based on 12 site visits by HMD staff (including meetings, staking, walk-through, pro ramming and special events. 5 additional meetings for coordination with the design team have also been included In the fees note above. Additional surveying of golf course features architectural changes made after final staking trip have been included in the Construction Staking Contingency fee noted above. These fees will only be billed if changes are required due to golf course architectural changes. Standard Hourly Rates (USD): Principal $175.00 per hour Project Manager $125.00 per hour Technical Staff $ 95.00 per hour Administrative Staff $ 75.00 per hour Items not included: • Electrical engineering to provide service to pumping facility. • Structure engineering of pump station slabs or buried vault. • Architectural or structural design of pumping facility enclosures. • Water features or associated recirculation pumping facilities. • Clubhouse detailed irrigation design not included. Fee includes designing future stub locations of water supply and wire for this area only. • Landscape irrigation design within golf course corridor. Wire stub locations will be identified on construction documents for future connection by landscape designer or contractor. 14 �X9 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the Scope of Work contained within Exhibit "A" in accordance with the attached project schedule. 050 s O t0 W J N U A w N O A d d p U O fD °l V U U A W N O O V m O d % Y � 3 N p+ 0 m D D O m D A D fn a w ,v p n m 0 2 A O d m m O m p d m Pri ° ° v E w Y d m D� c m s m D m 7 2 0mc A S .°� ° < .� A y Y c T D m o n e e d O cp p n m s p e W 3 F o R� 112L. A y -°x 3 O v 0 a c V o o b x m < m o > = aoc 0 o 3 G a- m o 3 m r a m a m N R, m d Y al m m - O 0nii-Iss- M O 0 T o O n m c n 6 6 m � + c c m m CD CD I � + + + iz A t3 V O w m O C1 \ ` + o 0 0 c o T o m 7 N O 0 0 0 0 0 m I+i ' t� t�S N 13 N 2 + CD W a $P W i Q O O �il N+` a O a a a N O O O O O O O 0 OJ 0 W a W W e J a W O V a J e J o V a J J o V J e J V 7 A (n fD e P o w S O CD m m � CD a o U N O W A A ^' 0 N w A N AN + O_ + ...--- W +. W C0 N - A N + + - -- ---- - N � W 1. , 051 Exhibit D Special Requirements None. t.0�. 052 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of Preliminary Golf Course Routing Plans for SilverRock Resort RECOMMENDATION: Approve the Preferred Golf Course Routing alternative direction. FISCAL IMPLICATIONS: None for this action. AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: provide comment and The Phase II SilverRock Resort improvements are included within the adopted 2007- 2008 Capital Improvement Program. The second golf course is one of the components, and includes funding for the engineering and construction as follows: Task Budget En ineering $2,106,000 Construction $15,589,665 Inspection $1,468,935 Contingency $1,895,400 Total $21,060,000 BACKGROUND AND OVERVIEW: On September 18, 2007, the Agency Board approved a Professional Services 1 Agreement with Jacobsen/Hardy Golf Design for design of the second golf course at SilverRock Resort. The scope of services is phased as follows: Phase I: Conceptual Design and Routing Plan Phase The Schedule of Performance indicates conceptual design beginning September 2007, and concluding January 2008. Phase II: Design Development; Construction Documents; and Construction Phase The Schedule of Performance indicates an approximately 23-month period from the completion of the conceptual design and routing for the golf course, to the start of the design development plans and construction documents. The design development plans for the golf course are scheduled to begin in May 2010, and conclude in August 2010, and construction documents are scheduled to begin August 2010, and conclude February 2011 when these components will be publicly bid. Construction is scheduled to begin August 2011, and project completion/acceptance is scheduled for December 2012. This schedule is the most conservative timeline for the golf course development. However, the schedule could be shorter and completed as early as 2010 if there is sufficient market demand for this golf course. On October 31, 2007, an all -hands meeting was held with Agency staff and project consultants including Golf Dimensions (project manager); RBF (civil engineer); Butsko (electrical engineering sub -consultant); HSA (landscape architect); Aquatic Design Group (water engineer); Jacobsen/Hardy Golf Design; CTE (parcel map and soils engineer), Landmark Golf Management; and Lowe Enterprises. The group discussed overall project and design objectives; design constraints and opportunities for the entire site; utility coordination issues; parcel map issues; lake design objectives; overall coordination of project components; and preliminary golf course routing ideas. The Specific Plan and CVWD Domestic Water and Sanitation System Installation and Irrigation Service Agreement contemplated two on -site wells and a booster station/pressure reducing site. After discussions with CVWD, it was determined that the on -site wells are not required due to their proximity to the hillside. In addition, the booster station/pressure reducing site was relocated to an area west of the maintenance building adjacent to Avenue 54. These changes have provided additional flexibility in site design of the golf course and resort development. The Specific Plan has designated two open space/recreation parcels located at the corner of Jefferson Street and Avenue 52. The corner parcel is 31.63 acres and the detached parcel located south of the Coachella Canal is 3.72 acres. Both parcels are designated for future open space/recreation use and have been identified as being needed for parking for the Bob Hope Chrysler Classic ("BHCC"). The southerly 3.72- 054 acre parcel is not being used for parking this year and may not be needed in the future. Staff will monitor parking at this year's event to evaluate the long-term parking needs of the BHCC. If this parcel is not needed for parking, it can be utilized to add flexibility to the design of the golf course and surrounding areas. Staff has worked with Lowe Enterprises and Jacobsen/Hardy Golf Design to evaluate how this additional property can be utilized. As a result, the Preferred Routing Plan now features a more open golf course design and has allowed the resort development areas (Planning Areas 8 and 1 1) to be increased in size. Additionally, the resort development areas have been re -configured to improve the marketability of the properties. Planning Area 8 has been increased in size from 19.36 acres to 20.72 acres; Planning Area 11 has been increased in size from 8.63 acres to 13.09 acres. If the Preferred Routing Plan is approved, staff will initiate an amendment to the Specific Plan, Disposition and Development Agreement, and Development Agreement. Golf Course Routing Plans and Site Studies - Routing Plan Concept The purpose of the preliminary routing plan process is to evaluate various options for how the site works for a golf course. (An overall site plan is included as Attachment 1.) Routing plans typically evaluate the golf course layout utilizing maximum golf course safety parameters. Routing plans do not specifically address the precise location and design of tees, fairways, and greens. All of the routing plans feature holes 1-9 north of the clubhouse and west of the driving range. Holes 10-18 are located south of the Coachella Canal extending south to Avenue 54. This is a result of the site layout and a desire to avoid having hole number 1 play into the morning sun. Jacobsen/Hardy Golf Design has evaluated the golf course area located north of the clubhouse, and has determined that it is constrained due to its configuration and size related to being able to accommodate a high -quality nine hole golf facility. Routing Plan Alternate A shows a routing plan for nine high -quality golf holes in the area south of Avenue 52. The result is a relatively tight routing plan with a number of holes which compromise safety separation. In response to this condition, Jacobsen/Hardy Golf Design evaluated relocation of the driving range easterly to allow a golf hole to be moved, thus creating a more open and playable routing plan. The benefits of this routing include a more open routing plan, increased safety, increased area to accommodate drainage needs, and the ninth hole and green are closer to the clubhouse. The negative of this alternative includes the cost to relocate the driving range, reduced area for a possible golf school, and reduced area for open space, recreation, and parking. As stated above, the proposed Preferred Routing Plan creates more land area for future resort hotel development. Additionally, the cost to relocate the driving range will be balanced by reduced costs to develop the future open space/recreation area. The revised site area comparisons summarize the revised land area alternative: Existing Proposed Driving Range 12.92 15.95 combined Golf School 8.94 ----- Park Area 31.63 25.88 Planning Area 8 19.36 20.72 Planning Area 11 8.63 13.09 In summary, Jacobsen/Hardy Golf Design and the SilverRock Resort Technical Team believe that the Preferred Routing Plan improves the proposed golf course, maintains sufficient practice area, provides adequate open space and temporary parking, and substantially improves the future resort hotel development sites. The Preferred Routing Plan has been reviewed by Landmark Golf and Lowe Enterprises. The following is an analysis prepared by Golf Dimensions of the proposed routing plan alternatives: General Comments (All Routing Alternatives) ❑ All routing plans depict the proposed second golf course oriented with the first nine holes located in the northern section of the Phase II Development Area. This was determined to be the most feasible orientation based on the need to locate holes #1, 9, 10 and 18 in close proximity to the clubhouse site, and to prevent the first hole from playing into the east (morning sun). ❑ All routing plans depict the re -alignment of SilverRock Way and Hotel Drive as approved by the RDA Board, required to accommodate a larger clubhouse site. ❑ All routing plans depict the current clubhouse building footprint and site plan configuration, as well as the proposed crossing of SilverRock Way over the Coachella Canal. ❑ All routing plans locate golf holes with adjacent streets on the left side of the golf hole to reduce errant tee shots or "slices." Routing Plan "A" (Attachment 2) This plan depicts a par 71 course which measure 6,810 yards from the back tee boxes. The golf course is routed within the existing golf "envelope" as identified on the approved Parcel Map. This plan maintains the existing driving range, Lot #16 and the Open Space Lot #15 in their current locations and acreage allocations. Both development parcels #8 and #11 maintain their proposed configurations and acreage allocations per the approved Parcel Map. Safety and playability issues exist due to the close proximity of the driving range , holes #1 & #9, and SilverRock Way. • Par 71; 6,810 yards • Driving range, Lot #16 and Open Space Lot #15, unchanged • CVWD well sites remaining • Overflow parking — Lot #19 remaining • Development parcels #8 & #11, unchanged • Safety issues due to driving range location Routing Plan "B-1" (Attachment 3) This plan shows a par 72 course layout that measures 7,232 yards from the back tee boxes. The driving range has been shifted to the east to provide safety setbacks for the adjacent golf holes. The driving range maintains the same acreage as identified on the approved Parcel Map. Lot #16 has been eliminated, and the open space Lot #15 has been reduced from 31.63 acres to approximately 25 acres. Development parcels #8 and #11 have been reconfigured to accommodate the routing of the back nine holes and to maximize development parcel golf frontage. ■ Par 72; 7,232 yards ■ Driving range and golf school relocated ■ Open Space Lot #15 (acreage decreased) ■ Lot #16 eliminated ■ Development parcel #8 and #11 reconfigured (acreage increased) Routing Plan "B-2" (Attachment 4) This plan depicts a par 72 course layout that measures 7,232 yards from the back tee boxes. The front nine holes are designed identical to Routing Plan B-1, with the driving range relocated to the east. The driving range has the same acreage indicated on the approved Parcel Map, and the Open Space Lot # 15 has been reduced to approximately 25 acres. Parcel #8 has been reconfigured to allow hole #16 to play "through" the resort development by placing additional development area along SilverRock Way. ■ Par 72; 7,232 yards ■ Driving range relocated and golf school relocated ■ Open Space Lot #15 (acreage decreased) , 051 ■ Lot #16 eliminated ■ Development Parcel #8 & #11 reconfigured (acreage increased) ■ Hole #16 plays "through" resort development site Prefered Routing Plan (Attachment 5) This plan shows the preferred routing of a par 72 course measuring 7,232 yards from the back tee boxes. As a point of comparison, the Arnold Palmer Classic Course is par 72 and the course measures 7,578 yards from the back tee boxes. This plan maximizes the golf course safety setbacks and proposes a relocated driving range which is larger in size to the existing range (1200' x 450' or 12.97 acres) to a total of 15.95 acres. This plan maintains approximately 25 acres of Open Space Lot #15, and increases the acreage of development Parcels #8 and #11. This routing provides the opportunity to locate water features between the proposed resort developments and the golf course. Holes #1, 9, 10, & 18 are visible from the clubhouse, and centrally located near the driving range and the over -crossing of the Coachella Canal. The driving range and/or open space may be utilized to retain storm water during peak flows. ■ Par 72; 7,232 yards ■ Driving range and golf school relocated (acreage unchanged) ■ Open Space Lot #15 (acreage decreased) ■ Lot #10 eliminated ■ Resort parcel #8 & #11 (acreage increased) ■ Driving range serves as potential storm water retention ■ Option for future golf school maintained Summary In summary, the Preferred Routing Plan provides for the necessary area to create a world -class golf course that can challenge pros and create a very playable golf course for the typical resort player. Relocation of the driving range and use of the southerly open space parcel, and use of well site parcels have improved future resort development parcels. Landmark Golf and Lowe Enterprises have been involved in defining the routing plan alternatives. The attached routing plans include a legend on how to read the routing layout for a golf hole. Once the routing plan is finalized, the Jacobsen/Hardy Golf Design team will then design the specific golf course tees, fairways, and greens within the boundaries of the safety areas. Actual golf course improvements will not utilize all of the area identified for safety purposes. In reviewing the proposed routing plans, it is apparent that in some areas, golf hole routing shows areas of overlap. These areas will be refined during the preparation of schematic golf course plans. The Preferred Routing Plan has been refined in several areas to illustrate how a golf hole may be designed. This diagram shows how the routing plan is refined into a schematic design. The Preferred Routing Plan was prepared as an illustration only and does not represent the eventual design of the golf course. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve the preferred golf course routing alternative and provide comment and direction; or 2. Approve another golf course routing alternative; or 3. Provide staff with alternative direction. Respectfully submitted, — JL66�� - Douglas R. JiKans, Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, Executive Director Attachment: 1. Overall Site Plan 2. Routing Plan "A" 3. Routing Plan "B-1 " 4. Routing Plan "B-2" 5. Preferred Routing Plan 059 ATTACHMENT i£ HIDEAWAY" ___...____..__...._... ._...... ....... ... ...---------------- SILVE&ROCK___.-------------- _----------- .------------------------------------- .-.......... ILLVSTKATIVE SITE PLAN ATTACHMENT 2 PP!'MiC BG4Le Safety Setback Legend $ Si LVfRROCk' Routing Plan A far SilverRock Golf Course low;» LA QUINTA, CALIFORNIA January 2008 GOLF COURSE ROUTING PLAN A ,.j- 061 ATTACHMENT 3 Routing Plan B-1 SilverRock Golf Course lamlee;n LA QUINTA, CALIFORNIA January 2008 PAL 0 Open Space 3.£BBAcm Safety Setback Legend t\ M� 5 .cur `�� • i FDTDEE 110m. \DEVELOPMENT Scorecard }(tlo Pv YaM / i • 4N ♦ f IPa a s en e l NIn, a % w t SM13 � f 11 f �1 % ♦ v 4 .1 m v S lef IS f 531 u x We • O I raw n ffa �R AVE.M GRP^WC EC.YE Site ARoCKGOLF COURSE ROUTING ., 0.4• %%�.,,« PLAN Bl ,'J.. 062 I_AifeTdaIVA140ki! Safety Setback Legend sc�fecacd a. e. = GRaNIc GC<L6 S7Wf KROLK m,..0 M..tunvv, Mm=mviP Routing Plan B-2 f- SilverRock Golf Course Imtedia LA QUINTA, CALIFORNIA January 2008 MVRE DOTRL \ DEYELOPM NT �J 1 GOLF COURSE ROUTING PLAN B2 Pefiw is OpaaSpace ]S.S8 A 061 ATTACHMENT 5 Preferred Routing Plan fir S$verRock Golf Course kwkdra I.A QUINTA, CAI.IFORNIA January 2008 psvml is open Spaa 25M Acres Safety SeVwk I.egmd 11M P. Yv 6 f CM 6 I ]]1 10 s Y1 1- n s sw n s vo N ♦ AIQ U { Ai u { us n s sss f. s sn Oai Y va xa n en i�""aaafst J. unuue xxe —_ SiLVERROLK GOLF COURSE ROUTING PREFERRED PLAN W... ..a i..auN. wa.Mwm,er ,.,i - 064 c N OF1 COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of SllverROck Resort Clubhouse Schematic Design Program Development and Budget Update RECOMMENDATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the Redevelopment Agency Board consider approval of the Permanent Clubhouse schematic plans and exhibits prepared by Altevers Associates and HSA Design Group; and provide comment and direction in regard to the estimate of project cost. 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 current budget estimate shows that the cost of the building and site improvements to be approximately $25,601,009 plus contingency, City, CVWD, and other fees. This figure exceeds the budget estimate in the CIP. When, the 06� RDA last reviewed the preliminary program budget, the cost estimate was $27,460,465 plus contingency, City, CVWD, and other fees. The revised budget estimate for the building was prepared by Altevers Associates, Roel Construction, HSA, and Golf Dimensions. The proposed schematic plan includes a number of improvements that were not considered in the CIP budget including the following elements: a new lake, increased building size, increased site area, additional parking, LEED certification design and implementation (excluding solar panels), 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, two (2) bridges spanning the Coachella Canal (one auto and one 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 approval and additional direction on the building design, site plan, floor plans, and preliminary landscape and related exhibits. Clubhouse Design Process The RDA is in the schematic stages of building and 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 was presented to the Architecture and Landscape Review Committee and 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 10.23 acres in size as a result of the final RDA Board -approved road alignment of SilverRock Way being determined. The new alignment reallocates 3.08 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. 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. The Technical Team 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 by Golf Dimensions (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. All design iterations were 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 conceptual clubhouse floor plans were presented to the Agency Board on October 2, 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. During its October 2, 2007 review of the floor plan, Agency Board members discussed clubhouse entrances; increased building size (primarily in the lower cart storage level); lakes and water usage; and parking. The minutes of the meeting are included (Attachment 1). In the future, the Architecture and Landscape Review Committee and Planning Commission, as well as the Agency Board, will review the clubhouse design development documents, which include detailed floor plans, roof plans, reflected ceiling/light plans, building sections, exterior elevations, finish schedule, and food service plans. Once these have been approved, Altevers Associates will begin preparing construction documents. 067 Clubhouse Design Considerations The site plan has been designed to be centrally located between the Arnold Palmer Classic Course and the Jacbosen/Hardy Design second golf course. The site location and building orientation are intended to maximize views of the hillside and the existing Golf Course. The project architect's design narrative is included for RDA Board review (Attachment 2). In addition, the following design objectives were established for the Clubhouse: o Maximize hillside views o Create indoor and outdoor event spaces o Accommodate 200 people within the building for events o 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 • Water efficient design Project Description The main level floor area is 20,595 square feet and the lower level is 17,248 square feet. The total building area is 37,843 square feet. The site area is approximately 10 acres. The additional acreage is being re -allocated from the second resort golf course to the clubhouse. The site plan has been modified as a result of continued refinement of the project. Several design considerations have been evaluated by the project architect, landscape architect, and civil engineer. These items include access to the service/loading area, Fire Department access, and driveway orientation. Altevers Associates has completed the schematic building design phase which includes building elevations and building materials. The architectural concept is a hacienda -style featuring a mix of authentic building materials. Building materials include two-piece clay tile with mortar, smooth stucco/plaster finish, steel pane window frames, ornamental iron, brick, heavy wood beams, and other design elements. The building ranges in height from 22-feet 6-inches to a maximum of 42-feet at the entry feature dome. The building architecture is intended to beObg ,Q compatible with the future hotel projects. Lowe Enterprises has been involved in the design and review of the proposed schematic design. Landmark Golf has also been consulted regarding the operational characteristics of the proposed Clubhouse design. The following modifications to the site and floor plans were made subsequent to the RDA meeting on October 2, 2007: o Cart path and tunnel at SilverRock Way and Coachella Canal o Box culvert design for Coachella Canal o Elimination of faux bridge on SilverRock Way o Realignment of driveways including loading area o Fire Department and support access to south portion of the clubhouse o Parking area refinements o Refinement of practice green and lake concept adjacent to clubhouse o Improved main entry area to clubhouse o Added co-ed restroom in kitchen o Widened access/entry to cart barn to 25' o Added co-ed restroom for outside/cart barn employees o Increased security and separation in cart barn o Re -oriented cart storage and parking to improve access Specific Plan Considerations The proposed Clubhouse is located in Planning Area 1. This Planning Area allows both the golf course and the Clubhouse as permitted uses. The property development standards for this Planning Area are as follows: Building Height Maximum number of stories Minimum perimeter setbacks from perimeter residentially -zoned property Abutting commercial/other non-residential property Minimum setback form interior property lines within the same project 40-feet 2 (above ground stories) 20-feet 10-feet 0-feet The proposed building height is 22-feet 6-inches and one above -ground story. The building has two architectural elements that exceed 28 feet. The Zoning Ordinance allows architectural projections subject to Planning Commission and City Council review. The entry ceramic dome is 42 feet in height and the limited tile roof is 32 feet 6 inches in height. The Clubhouse location is set in the middle of the site and is fully buffered by golf course areas. The increased height for architectural projects will not affect any existing views or development. All other property development standards have been complied with. 069 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. Architecture and Landscape Review Committee Action On January 2, 2008, the Architecture and Landscape Review Committee reviewed the clubhouse schematic design. The ALRC encouraged the RDA to consider the use of solar panels and to establish a maintenance program for exterior wood beams. Following discussion, it was unanimously determined to approve the schematic design as submitted. Planning Commission Action The Planning Commission reviewed the proposed plan at its January 8, 2008 meeting and unanimously recommended approval of the proposed schematic plans. Of primary concern to the Commissioners was that the water features have a dual purpose; not just aesthetics, but that they be incorporated as a functioning part of the course such as irrigation that was fed by canal water. They encouraged the Agency to consider the use of solar panels for hot water and/or electricity. Lastly, they recommended establishment of a comprehensive maintenance program for the exterior wood beams. Attached Exhibits The following exhibits are included for the RDA Board's review: Front and Rear Elevation Plan (Attachment 3); Side Exterior Elevation Plan (Attachment 4); Site Plan (Attachment 5); Main Level Floor Plan (Attachment 6); Lower Level Floor Plan (Attachment 7); Roof Plan (Attachment 8); Building Section Plans (Attachment 9); and the current preliminary cost estimate (Attachment 10). FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Approve the SilverRock Resort Permanent Clubhouse schematic design program and budget; or 2. Provide staff with direction regarding the Permanent Clubhouse schematic design program and budget; or 070 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. vans Assistant City Manager -Development Services Approved for submission by: Thomas P. Genovese, Executive Director Attachments: 1. Minutes of October 2, 2007 RDA Board meeting 2. Project Architect's Design Narrative 3. Front and Rear Exterior Elevation Plan 4. Side Exterior Elevation Plan 5. Site Plan 6. Main Level Floor Plan 7. Lower Level Floor Plan 8. Roof Plan 9. Building Section Plans 10. Preliminary Cost Estimate i 071 ATTACHMENT Redevelopment Agency Minutes 4 October 2, 2007 Agency Member Sniff conveyed his agreement with Agency Member Henderson's comments; stated may be getting dependent on one group when things should be competitive, and maybe time restrictive and expensive; could be dangerous to give someone that much power. In response to Agency Member Kirk, Assistant City Manager/Development Services Evans stated staff could request the project team calculate the savings over time in the design of the building and annual maintenance. In response to Chairman Osborne, Robyn Lutraino, representing Nestor, explained the LEEDS program has been identified with the top 30% of green building and all others are identified below the program. Ms. Lutraino stated the project is staying with the current timeframe' regardless of the certification, in response to Agency Member Sniff. MOTION - It was moved by Agency Members Kirk/Henderson to approve a Professional Services Agreement with Nestor + Gaffney Architects 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. Motion carried unanimously. 2. CONSIDERATION OF SILVERROCK RESORT CLUBHOUSE PROGRAM DEVELOPMENT AND BUDGET. Assistant City Manager/Development Services Evans presented the staff report. Robert Altevers, 8910 University Center Lane, San Diego, presented the site plan. Agency Member Henderson stated as coming up the walkway there is a door and actually two doors at the entrance. Mr. Altevers confirmed that there are two entrances to the main building from the courtyard.. Agency Member Kirk stated he could not quite make out what the mounding is on the bridge. Mr. Altevers explained the design of the bridge site. Assistant City Manager/Development Services Evans further explained that staff and CVWD has reviewed trading off the J 072 Redevelopment Agency Minutes 5 October 2, 2007 original concept of a bridge over the canal, which would allow site of the canal, and install a box culvert instead which would be a shallow landscaped area and then be able to pull the cart paths, edgeways and sidewalks away; stated the development for the hotel and a bridge would create slopes; and explained the culverts would not be siphoned but will utilize a gravity flow. Agency Member Kirk requested staff to point out where the golf cart crossing will be located on the Clubhouse site. Assistant City Manager/Development Services Evans pointed out where the golf cart crossings were located on the property, including at Jefferson Street; explained the four phases of design and square footage of the clubhouse; stated there are a few items that need to be finalized, including the lower level, two entrances, back of house storage and restrooms for the employees. Agency Member Kirk requested clarification of the column title "Proposed" on Attachment 6 of the staff report. Assistant City Manager/Development Services Evans confirmed the 37,000 square foot building for planning purposes has been used since the adoption of the current CIP. Agency Member Kirk stated it appears most of the program changes have been made at the lower level; have quite a bit more cart storage and a little of general circulation; questioned if anything that drove many of the changes in the lower level. Assistant City Manager/Development Services Evans explained staff worked closely with Landmark and have not completely resolved in the floor plan, Landmark is concerned about one ingress and egress point; staff believes there are merits for one and for two; the shifting of numbers primarily took place as a result of looking at the backhouse storage and fine tuning the various activities that should be below grade, but effective. Agency Member Kirk questioned the CIP identified a' 37,000 sq. ft. building for planning purposes and if it is the number staff has been using as of last year or for a long time. Assistant City Manager/Development Services Evans explained the specific plan had 20,000 sq. ft. on the activity level and did not call out the size of the cart barn. Agency Member Kirk questioned how long has the 37,000 sq. ft. been in the CIP. Assistant City Manager/Development Services Evans stated it went into this year's CIP. Agency Member Kirk questioned if the City's landscape program meet the CVWD's latest 073 Redevelopment Agency Minutes 6 October 2, 2007 efficiency ordinance. Assistant City Manager/Development Services Evans stated staff has not requested the architect to begin designing the landscaping side of the clubhouse; stated staff has met with CVWD staff to review the existing golf course, review the new ordinance and how it may be interpreted; and reported the meeting went very well, understanding that water was a very important issue in golf course design; explained staff will apply a water budget to the project; and stated Mr. Altevers' contract was approved by the Redevelopment Agency in April 2007. Agency Member Adolph conveyed his concern regarding the multiple entrances to the clubhouse and the design, but is optimistic that it may be a beautiful concept. Agency Member Adolph suggested the Agency consider the timing of this matter due to the number of people waiting to speak on other items on the agenda. The Redevelopment Agency concurred to continue this item to the evening session. Chairman Osborne recessed the Redevelopment Agency to the City Council meeting. 7:00 P.M. Chairman Osborne reconvened the Redevelopment Agency meeting at 8:20 p.m. 2. CONSIDERATION OF SILVERROCK RESORT CLUBHOUSE PROGRAM DEVELOPMENT AND BUDGET. (continued) (This item was continued from the afternoon session.) Agency Member Sniff questioned if the clubhouse will be developed on a knoll and if the area will require a fill. Mr. Altevers explained the clubhouse will be developed on an elevated area and the amount of fill is not known at this time as the grading issues have not yet been addressed; confirmed the site plan is conceptual at this point. Agency Member Sniff stated he is concerned about the knoll as to what it is composed of as various areas have difficulty adding fill on a . , 074 Redevelopment Agency Minutes 7 October 2, 2007 clay base and encouraged staff to give considerable amount of thought to ensure there is a solid base for the development of the building. Agency Member Sniff stated when he heard the word "ancient Spanish hacienda" the design doesn't look like an "ancient" hacienda, it looked like a modern concept of a hacienda, and questioned if the design is ancient or modern. Mr. Altevers explained the design is modeled after the haciendas in Mexico which are agriculturally based. Agency Member Sniff stated the design of an ancient hacienda includes thick adobe walls, inset glass and wide overhangs. Agency Member Sniff stated there are more lakes at the site than there should be, in light of the conservation of water; conveyed his concern of the addition of water at the site; stated lakes tend to evaporate a lot of water; the building itself is not centered and the parking has gravitated semi -circular to the south which does not seem compatible; stated he agrees with the number of entry ways to the building; requested the building and parking lots be focused, cohesive and balanced; conveyed his concern of the need and level of terraces due to the placement of the building on a knoll; requested serious consideration be given to the water features, and prefers various forms of light to enhance the mood of the location; addressed the kitchen area and the location of the service area for delivery of supplies; stated a bridge would be pleasing architecturally and stated a culvert has no beauty or charm, and a big part of the project should be intensely visual to give a visual experience that is rewarding and satisfying when leaving the property. Agency Member Adolph questioned if the box culvert will be visible. Mr. Altevers confirmed it would not be visible. Mayor Adolph confirmed there will be a facade around it and over the top. Agency Member Adolph commented on the parking relative to the building by stating the vast majority of the parking will be for the golfers who will come in from the south, who may not go into the building if they don't have to, and the parking is in close proximity to the golf cart pick-up. Agency Member Henderson would agree with the parking lot being centered with the clubhouse, but does see the logic of the proposed design; suggested the elevations present the entrances into the ;J 075 Redevelopment Agency Minutes 8 October 2, 2007 ballrooms, meeting rooms and the golf portion to the clubhouse be better understood visually. Agency Member Kirk referred to the discussion of the proposed amendment to the contract in the amount of $144,000 embedded in the staff report, and questioned if the matter will come before the Agency for approval. Assistant City Manager/Development Services Evans confirmed the matter will be presented to the Agency. Agency Member Kirk questioned why the increase to the contract didn't occur at the time the additional square footage was established. Assistant City Manager/Development Services Evans explained the contract was written with the design of a 3,300 square foot clubhouse, and due to the increase of square footage, staff has requested Landmark to justify the contract increase for the amount of square footage. Agency Member Kirk requested staff to justify the $144,000 amendment to the contract so early into the project. Agency Member Kirk stated the building is an awfully big structure for its purposes; there are a number of costs reduction considerations which involve reallocating various costs, whether it is the clubhouse lake, practice range or the actual cost of the land associated with the site, which is just moving around money from one pot to the other and all pots are Agency pots; must take a hard look at the overall program and if there is a need for a 40,000 sq. ft. clubhouse; requested staff to identify the use of the clubhouse in the next report; and stated the Council will answer to the question of why this clubhouse is so big and expensive. Agency Member Adolph stated his remembrance of questioning the size of City Hall when it was built and now are adding to the building; stated it is more expensive to under -build than to build for growth and use. Agency Member Sniff stated Agency Member Kirk's comments are valid; stated the City is continually facing the future and the size of the clubhouse is not a problem. Chairman Osborne thanked staff and Mr. Altevers for the work and corroboration of this project; and stated it is a great plan and staff should move forward with the design. 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Building 65135 s.f. Main Level 20,790 s.f. Lower Level 17,015 s.f. Ancillary Exterior 27,330 s.f. Buildina Footprint 1 36.382 s.f. Lake 40,000J1.5 Practice Green 4,500 SITE 409,169 13.72 $ 6 614 898 Rough & Precise Grading1700 0000 700000 Lake 40,00020 800,000 Practice Green 4,5005 22,500 Event Lawn 8,6805 43,400 Event Lawn Screen Wall 275150 41,250 Event Lawn Gazebofrrellis 150,000 50,000 Allowance Service Yard Roudary Retaining wall 2801 I.f. 300 84,000 Service Yard 5,6791 s f. 7.39 41,948 Includes CMU Fence $150/I.f. 8 Gate $1,500 Entry Courtyard Enhanced Paving Sidewalk 3,274 s.f. 20 65,480 Entry Courtyard Drive Enhanced Paving 13,182 S.f. 20 263.640 Entry Courtyard Screen Walls 95 I.f. 150 14,250 Golf Cart Staging Walls 400 I.f. 150 60,000 Golf Cart Staging/Cart Parkin Ram 20,237 s.f. 2.50 50,593 Golf Cart Staging Enhanced Paving 2,492 s f. 20 49,840 Fire Access Road 6,700 s.f. 8 53,600 Fire Access Enhanced Paving 700 s.f. 20 14,000 Parking Lot AC Paving 149,000 S.f. 2.50 372.500 Landscapeilrrigation 145,165 s.f. 8 1.161.320 Flatwork 9.560 s.f. 4.50 43,020 Fire Access Retaining Wall 60 I.f. 300 18,000 Lakeside Seating Area 1 I.s. 30,000 30,000 Storm Drain, Sewer, Electrical, Gas, CAN 1 Is. 675,000 675,000 Courtyard Water Feature 1 I.S. 50,000 50,000 CurbBGutter 4,991 I.f. 18 89,838 Curb 3,886 I.f. 14 54,404 Site Lighting 208,238 s.f. 1 208,238 Contractor General Conditions 12 mos 1 I.a. 278,000 278,000 Contractor Fee 4 k 8 Ins. 1.25Ye 1 Is. 280,0781 280,078 BUILDING 37806 s.f. $ 386.34 $ 14,606 618 Includes GC's, Gen. Contr. Fee B ins. Main Level 20,790 s.f. 382.49 7.951,865 Lower Level 17,015 s.f. 382.49 6,507,983 Exterior Uncovered Areas - Paving 2,487 s.f. 2000 49,740 Retaining Walls 8' hi h 397 I.f. 150.00 59,550 Rams 733 s.f. 20.00 14,660 Planters 1,810 s.f. 12.00 21,720 Total Direct Cost $ 20,220,419 INDIRECT COST Description Qty Unit Rate Total Budget Comments CONSULTANTS $ 2705796 Golf Dimensions 1 I.S. 687,874 687874 Altevers Associates 1 389 000 Architectural 1 I.s, 689,000 689,000 Structural 1 Is. 118,000 118,000 MEP 1 I.S. 133,000 133,000 Food Service 1 I.S. 20,000 20,000 Acoustic Consultant 1 I.$. Ind Pro Shop Consultant 1 I.S. 6,000 6,000 Hardware Consultant 1 I.S. Ind Cost Estimating Consultant 11 I.S. 30,000 30,000 Renderin 2 i Is. 7,500 7,500 Scale Model 1 Is. 17,000 17,000 As -built Plans 1 Is. 4,500 4,500 Interior Desi n 1 I.S. 179,000 179,000 Reimbursable Expenses 1 I.S. 45,000 45,000 Addendum No.1 1 I.S. 140,000 140,000 Estimate 14,805 s.f. @ $30/s.f. 5 3.03 PM 1111/2008 SILVERROCK RESORT - Phase 2 CLUBHOUSE PRELIMINARY ESTIMATE OF COST Draft INDIRECT COST Description City Unit I Rate Total Budget Comments RBF Consulting 154,059 Site Plan Calculations 1 I.S. 8,000 8,000 Parking Lot Layout i I.S. 5,500 5,500 Precise Grading Plans 1 I.s. 36,500 36,500 Horizontal Control Plan 1 Ls 2,500 2,500 Private Utility Plan i I.S. 5,000 5,000 Dry Utility Plan i I.S. 9,000 9,000 Parking Lot Lighting Plan i I.S. 12,500 12,500 Creek Crossing 1 I.$. 9,300 9300 Bid Package & Bidding Assistance 1 I.S. 6,000 6,000 Pro ect M mt, Coordination & QA/QC 1 I.S. 1 14,400 14,400 Construction Support 1 I.S. 6,500 6,500 Clubhouse Rough Grading Stakes 1 I.S. 12,500 12,500 Building Location Stakes 1 I.S. 8,500 8,500 Clubhouse Building Form Verification 1 I.S. 3,500 3,500 Reimbursable Expenses 1 I.S. 2,959 2,959 Addendum No. 2 1 I.a. 11,400 11,400 HSA 1 1.$. 203,385 203,385 Landscape Architecture incl Irrigation Design incl Lighting Design Concept met Reimbursable Expenses incl Aquatic Design Group 1 Ls. 35,917 36917 Lake Design met Field Services met Reimbursable Expenses ind Other Consultants 235,560 Geotechnical Engineering 11 Li;. 22,000 22,000 Estimate Waterproofing consultant 1 I.S. 18,000 18,000 Estimate Archeologist/Paleontologist 1 I.S. 13,160 13,160 Estimate LEED Consultant 1 Ls 182,400 182,400 PERMIT & FEES 8 40,000 Plan Check & Permit Fees 1 I.S. 20,000 $ 20,000 School Fees 1 I.S. 0 $ Mitigation Fees 1 I.S. 0 $ Development Impact Fees 1 Is. 0 9 - Not Applicable Transportation Fees 1 I.S. 0 $ Grading Plan Check & Permit 1 I.S. 20,000 3 20,000 CVWD Sewer Connection Fee 1 I.$. 0 $ CVWD Water Connection Fee 1 I.S. 0 9 Misc. Engineering & Landscape Fees 1 I.s. 0 9 Fire Authority 1 I.S. 0 6 OTHER $ 2,634798 Mat. Testing & truip 75,000 Estimate SI na e 1 I.S. 0 0 Reprographics i Ls 0 0 FF&E Furniture, carpet, wall coverings, window treatments, 1 Ls 1,877 298 1,877,298 Altevers' estimate decrotive lighting, artwork, accessones, int. si na e, plants, ash and mash,containers, freight, warehousin , installation, 12% purchase fee. China, flatware, glassware, small wares, kitchen 1 I.S. 682,500 682,500 Altevers' estimate utensils, menus, linens, utility shelving, trash handling equipment, en ineses office equipment, can storage, washer/dryer, cart washer, Ice machine, office, bag storage racks, club repair accessories, employee lounge equipment and furniture, PQS/AV equipment, telephone sstem, chefs office equipment, banquet operations equipment and accessories, computers, printers, valet equipment. Art in Public Places Total Indirect Coat b 380 693 Total Direct & Indirect Cost I I I 11 25,601,009 3'03 PM 1/1112000 8 6 T4hf 4 4& a" COUNCIL/RDA MEETING DATE: January 15, 2008 ITEM TITLE: Consideration of Redevelopment Agency Reorganization RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Select a Chairperson and Vice -Chairperson of the La Quinta Redevelopment Agency for the Calendar Year 2008. FISCAL IMPLICATIONS: IPen CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 19, 1999, the Redevelopment Agency adopted Resolution No. RA 99-01, amending the Agency by-laws to establish the procedure for electing the Chair and Vice -Chair. Section 2.02 & 2.03 of the Redevelopment Agency by-laws state the Agency Board shall annually, at its first meeting held after December 30`h, or as soon thereafter as possible, vote to elect one of its number as Chair and elect one as Vice -Chair. The Mayor shall specifically be excluded from being eligible to serve as Chair and Vice - Chair of the Agency. 61 08, The Chair shall preside at all meetings of the Agency, except as otherwise authorized by resolution of the Agency or the provisions of these by-laws, the Chair shall have the authority to sign on behalf of the Agency, all contracts, deeds and other instruments made by the Agency. The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. FINDINGS AND ALTERNATIVES: The alternatives available to the Agency Board include: 1. Select a Chairperson and Vice -Chairperson of the La Quinta Redevelopment Agency for the Calendar Year 2008; or 2. Provide staff with alternative direction. submitted, Veronica J. 15fitecino, CC City Clerk / Approved for submission by: irO / /eo//ilL..,a .o Thomas P. Genovese, Executive Director Attachment: 1. Redevelopment Agency By -Laws ;i 88 Attachment 1 AMENDED AND RESTATED BYLAWS OF THE LA QUINTA REDEVELOPMENT AGENCY ARTICLE I - THE AGENCY Section 1.01. - Name of Agency. The official name of the Agency shall be the "La Quints Redevelopment Agency." Section 1.02. - Seal of Agency. The seal of the Agency shall be in the form of a circle and shall beer the name of the Agency and the year of its organization. Secrti_, on 1.03. - Office of Agency and Place of Meeting. The office of the Agency shall be at City Hall, 78-495 Calls Tampico, La Quints, California, but the Agency may hold its meeting at any place in the City of Le Quints, California, which the Agency may from time to time designate by resolution. Section 1.04. - Powers. The powers of the Agency shall be vested in the members thereof then in office, who reserve unto themselves the right to delegate by resolution such powers as are appropriate and permissible by law. Seaton 1.06. - Members. The members of the Agency shall be the members of the City Council of the City of Le Quints. ARTICLE 11 - OFFICERS AND EX OFFICIO POSITIONS Sec#ion 2.01. - Officers. The officers of the Agency shall be a Chair and a Vice Chair. Ex officio positions acting as its staff shall be an Executive Director, Secretary to the Board and Treasurer. Section 2.02. - Chair. Unless otherwise provided by law, ordinance, or resolution of the Agency, the Agency Board shall annually at its first meeting held after December 30th, or as soon thereafter as possible, vote to elect one of its number as Chair. The Mayor shall specifically be excluded from being eligible to serve as chair of the Agency. The Chair shall preside at all meetings of the Agency. Except as otherwise authorized by resolution of the Agency or the provisions of these Bylaws, the Chair shall have the authority to sign on behalf of the Agency, all contracts, deeds and other instruments made by the Agency. 089 Section 2.03. - Vice Chair. Unless otherwise provided by law, ordinance, or resolution of the Agency, the Agency Board shell annually at its first meeting held after December 30th, or as soon thereafter as possible, vote to elect one of its number as Vice Chair. The Mayor shall specifically be excluded from being eligible to serve as Vice Chair of the Agency. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. Asption 2.04. - Executive Director: The Executive Director shall be the City Manager of the City of La Quints. The Executive Director shall have general supervision over the administration of Agency business and affairs, subject to the direction of the Agency. The Executive Director shall have the authority to sign on behalf of the Agency all contracts, deeds, and other instruments made by the Agency. Se on "S. - Secretary to the Board. The Secretary to the Board shall be the City Jerk of the City of La Quints. The Secretary to the Board shall keep the records olf the Agency, act as secretary at meetings of the Agency, record all votes and keep a record of the proceedings of the Agency in a journal of proceedings to be kept for such purpose, and perform all duties incident to the Secretary to the Board's office. The Secretary to• the Board shall maintain a record of all official proceedings of the La Quints Redevelopment Agency and the redevelopment program. Saotion 2.06. - Treasurer. The Treasurer shall be Treasurer of the City of La Quints. The Treasurer of the City of La Quints is the Finance Director. The Treasurer- shall have the care and custody of all funds of the Agency and shall deposit same in the name of the Agency in such bank or banks as the Agency may select. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Agency. The Treasurer shall keep regular books of account, showing receipts and expenditures, and shall render to the Agency at each regular meeting, or more often when requested, an account of transactions and the financial conditions of the Agency. The Treasurer shall give such bond for faithful performance of the Treasurer's duties as the Agency may determine. Section 2.07. - Special Counsel. The Agency may appoint Special Counsel to give advice to the Agency and to provide a variety of services, including without Whit. the preparation of all proposed resolutions, laws, rules, contracts, bonds and other legal papers for the Agency. The Special Counsel for the Agency is the City Attorney, The Special Counsel may give advice or opinions in writing to the Chair or other Agency officers whenever requested to do so. The Special Counsel may attend to all suits and other matters to which the Agency. is a part or in which the Agency may be legally interested and do such other things pertaining to the Special Counsel's, office as the Agency may request. Such Special Counsel shall serve at the pleasure of the Agency. 099 An=Wo . 9/19/2008 Section 2.08. - Compensation. The members of the Agency shall receive such compensation as the City Council prescribes, but said compensation shall not exceed that amount as set forth in Section 33114.5 of the Health & Safety Code as such Section may from time to time be amended. Seqtion 2.09. - Additional Duties. The officers and ex officio positions of the Agency shall perform such other duties and functions as may from time to time be required by the Agency or the Bylaws or rules and regulations of the Agency. Section 2.10. - Absences. In the temporary absence of both the Chair and the Vice their, the most senior Board Member shall serve as Presiding Officer. In the event that there are two Board Members with equal seniority, then the Member who received the highest number of votes in the General Municipal Election shall serve as Presiding Officer. Section 2.11. - Additional Personnel. The Agency may from time to time appoint or employ such personnel as It deems necessary to exercise its powers, duties and functions as prescribed by the California Community Redevelopment Law and all other laws of the State of California applicable thereto. Additional personnel may include, but is not limited to, contract consultants, attorneys, special counsel and project implementation contractors as conditions warrant. The selection, duties and compensation of such personnel shall determined by the Agency, subject to the laws of the State of California. ARTICLE If - MEETINGS Section 3.01. - Regular Meetings. The regular meetings of the Agency shall be held on the first and third Tuesday of each month at the time designed in La Quinta City Council Resolution No. 2006-102, as it currently exists or as it is amended in the future, in the Chambers of the City Council, 78-496 Calla Tampico, La Quinta, California. In the event such date shall fall on a legal holiday, the regular meeting shall be held on the next succeeding business day. Section 3.02. - Special Meetings. The Chair of the Agency may, when it is deemed okpedient, and shall, upon the written request of two (2) members of the Agency, gall a special meeting of the Agency for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Ralph M. Brown Act, California Government Code Sections 54950, at seq., as it now exists or may hereafter be amended. At such special meeting, no business shall be considered other than as designated in the call. Section 3.03. - Quorum. Three (3) members of the Agency shall constitute a quorum fro the purpose of conducting Agency business, exercising Agency powers and for all other purposes, but a smaller number may adjourn from time to time Awed: snsrmos 091 until the quorum is obtained. Every official act of the Agency shall be adopted by a majority Vote. A "majority vote" shall mean a majority of all members present when a quorum is present. Section 3.04. - Order of Business. At the regular meetings of the Agency, the following shall be the order of business:. (1) Roll Call; (2) Public Comment; (3) Closed Session; (4) Public Comment; (S) Confirmation of Agenda; (6) Approval of Minutes; (7) Consent Calendar; (8) Business Session; (9) Study Session; (10) Department Reports; 111:) Chair and Board Members' Items; (12) Public Hearings; (13) Adjournment. All resolutions shall be in wilting and designated by number, reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Agency. Sailtion 3.05. - Manner of Voting. The voting on formal resolutions, matters to any federal, state, county or city agency, and on such other matters as may be requested' by a majority of the Agency members, shall be by electronic voting, and the ayes, .noes and members present not voting shall be entered upon the minutes of such meeting, except on the election of officers, which may be by ballot. Section 3.06. - Parliamentary Procedure. Unless a different procedure is established by resolution of the Agency or set forth in these Bylaws, the rules of parliamentary procedure as set forth in Robert's Rules of Order Revised shall govem all meetings of the Agency. The Agency adopts the Rules of Procedure adopted by the City Council of the City of La Quints as its rules of procedure. To the extent of conflict between these bylaws and the Rules of Procedure adopted by the City Council, the Rules of Procedure shall govern. ARTICLE IV - PUBUC NOTICE Section 4.01. - Public Notice. The Desert Sun, with offices located at 750 North Getie Autry Trail, Palm Springs, California 92202, is hereby designated as the Agency's official newspaper for all legally required public notices. 02 AnnadeM W"rJM ARTICLE V - AMENDMENTS S ion 5.01. - Amendments to Bylaws. The Bylaws of the Agency may be amended y resolution by the Agency at any regular or special meeting by majority vote. ARTICLE VI - CONFLICTS Section 6.01.. - Conflicts. Conflicts shall be determined and governed by a Conflict of Interest Code adopted by the Agency and approved by the City Council. amended: 8J7sMW