1998 Terra Nova - Biological Resource AssessmentTHIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement"), is made and
entered into by and between the CITY OF LA QUINTA, (the "City"), a California municipal
corporation, and Terra Nova Planning & Research Inc., a California corporation, (the
"Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, the CONTRACTOR shall provide those services related to the requested biological
study , as specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein
by this reference (the "services" or "work"). CONTRACTOR agrees 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 CONTRACTOR's Proposal. The Scope of Services shall include the
CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by this reference
as though fully set forth herein. In the event of any inconsistency between the terms of such
proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of THE CITY
of La Quinta and any Federal, State or local governmental agency of competent jurisdiction.
1.4 Licenses Permits- Fees and Assessments. CONTRACTOR 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. CONTRACTOR 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.
1.5 Familiarity with Work. By executing this Agreement, CONTRACTOR
represents that (a) it has thoroughly investigated and considered the work to be performed, (b) it
has investigated the site of the work and fully acquainted itself with the conditions there existing,
(c) it has carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the CONTRACTOR discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by THE CITY, it shall immediately inform THE
CITY of such fact and shall not proceed except at CONTRACTOR's risk until written instructions
are received from the Contract Officer (as defined in Section 5.2 hereof).
1.6 Care of Work. The CONTRACTOR shall adopt reasonable methods during
the life of the Agreement to furnish continuous protection to the work, and the equipment,
1-111 1 1— biology ac"ay_Tlllr Nova 1
T
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
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 THE
CITY, except such losses or damages as may be caused by THE CITY's own negligence. The
performance of services by CONTRACTOR shall not relieve CONTRACTOR from any obligation
to correct any incomplete, inaccurate or detective work at no further cost to THE CITY, when
such inaccuracies are due to the negligence of CONTRACTOR.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the CONTRACTOR shall perform services in addition to those specified in the Scope
of Services (Exhibit "A") when directed to do so by the Contract Officer, provided that
CONTRACTOR shall not be required to perform any additional services without compensation.
Any addition in compensation not exceeding ten percent (10%) of the Contract Sum may be
approved by the Contract Officer. Any greater increase must be approved by the City Council.
2.0 DELIVERABLES.
2.1. Generally. CONTRACTOR shall be responsible for preparation of work products
or deliverables as specified in the Scope of Work, attached hereto and herein
incorporated by reference. All deliverables shall be in an 8.5 inch by 11.0 inch
camera ready reproducible format, printed on one side only.
3.0 COMPENSATION.
3.1. Agreement Sum. For services rendered pursuant to this Agreement, THE CITY
shall pay to CONTRACTOR an amount not to exceed Four thousand five hundred
forty-six dollars ($4,546) in accordance with the Proposal tp provide Biological
Resource Assessment Services (Scope of Work) and attached as Exhibit "A".
3.2. Payment to CONTRACTOR. Payment shall be made to CONTRACTOR only.
It shall be the responsibility of CONTRACTOR to pay all contractors,
subcontractors and/or vendors for purchased goods or services.
3.3. Payment in Arrears. Payment to CONTRACTOR shall be made in arrears, not
more frequently than once every month, except that advance payments may be
made for reimbursable expenses when circumstances dictate and when approved
by THE CITY.
3.4. Total of Invoices. The total of all invoices for the work specified in the Scope of
Work submitted by CONTRACTOR shall not exceed the amount set forth in the
AGREEMENT SUM above.
3.5. Actual CQs c. Reimbursement for the services of CONTRACTOR shall be based
upon actual expenses incurred.
Contract for biology "tudy.Terra Nova 2
T
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
a) THE CITY shall withhold and retain fifty percent (50%) of the
maximum allowable cost for reach of the aforementioned tasks
subject to this method of compensation. Upon completion of work
in accordance with the terms and conditions of this Agreement as
approved by THE CITY and attached as Exhibit "A" and herein
incorporated by reference, THE CITY shall release an amount up
to but not exceeding this remainder fifty percent (50%) as a lump
sum payment to CONTRACTOR, upon receipt, review and
approval of CONTRACTOR'S final payment request.
CONTRACTOR'S obligations under the terms of this
AGREEMENT shall be deemed discharged upon issuance of this
final lump sum payment.
3.6 Payment of Reimbursable. A reimbursable expense budget not to exceed
two hundred and twenty six dollars as established by the Scope of Work.
All reasonable expenses for transportation, lodging and meals related to
approved and authorized travel shall be eligible for reimbursement. All
travel expense must accompany receipts or other documentation deemed
sufficient by the Contract Officer. All expenses related to travel must be
approved in advance.
In no event shall CONTRACTOR be reimbursed for any expense related
to the purchase and/or consumption of any alcoholic beverage. Costs
related to reproduction, printing, communications and supplies shall be
reimbursed on the basis of actual charges.
3.7 Rom,^n��bilitiec of OC NTRACTOR. In any month for which CONTRACTOR is
entitled to payment, CONTRACTOR shall submit to THE CITY'S Contract
Officer a written request for payment that conforms to the following:
• Submitted by or on the tenth day of the following month;
Submitted together with a progress report.
Submitted together with supporting documentation (bids, receipts, cancelled
checks, invoices, etc.).
3.8 Responsibilities of THE CITY. THE CITY'S Contract Officer shall review all
requests for payment to determine whether services performed and deliverable(s)
submitted are consistent with this Agreement. Upon approval by the Contract
Officer, payment to CONTRACTOR shall be made as promptly as fiscal
procedures permit, generally within 30 days.
3
Contract for biology .1ndy.Te11a Nova
T
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
3.9 Dim• In the event of a disputed or contested request for payment, only that
portion so disputed or contested shall be withheld from payment and the undisputed
portion shall be paid. CONTRACTOR'S failure to provide legible receipts shall
be grounds for non -reimbursement of related charges. THE CITY shall notify
CONTRACTOR in writing of the basis of the dispute or contest.
3.10 Records. THE CITY shall have the right to review all books and records kept by
CONTRACTOR and any subcontractors in connection with the operation and
services performed under this Agreement. THE CITY shall withhold payment for
any expenditure not substantiated by CONTRACTOR'S or subcontractors' books
or records. CONTRACTOR shall ensure that such books and records are retained
for a period of three (3) years after satisfaction of the terms of this Agreement and
that THE CITY shall have reasonable access to said books and records.
4.1 Time of cence. Time is of the essence in the performance of this
Agreement.
4.2 S h rl�erform=. All services rendered pursuant to this Agreement
shall be performed diligently and within 90 days from the dated of execution of this agreement.
Extensions and amendments to the time period specified in the Schedule of Performance may be
approved in writing by the Contract Officer.
4.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended because
of any delays due to unforeseeable causes beyond the control and without the fault or negligence
of the CONTRACTOR, 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 City, and unusually severe weather, if the CONTRACTOR
shall within ten (10) days of the commencement of such delay notify the Contracting Officer in
writing of the causes of the delay. The Contracting 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 judgment such delay is justified, and the Contracting Officer's determination shall
be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 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.
1 � � : 1 h : � ► � � 1 : .
5.1 Rwresell Live of CONTRACTOR.
4
con[ract fo: biology s[utly.Teaa Nova
The following principals of
I
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
CONTRACTOR are hereby designated as being the principals and representatives of
CONTRACTOR authorized to act in its behalf with respect to the work specified herein and make
all decisions in connection therewith:
a. John D. Criste, AICP
b. Lawrence F. LaPre, PhD
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing principals were a substantial inducement for THE CITY to enter into this
Agreement. Therefore, the foregoing principals shall be responsible during the term of this
Agreement for directing all activities of CONTRACTOR and devoting sufficient time to
personally supervise the services hereunder. The foregoing principals may not be changed by
CONTRACTOR and no other personnel may be assigned to perform the service required
hereunder without the express written approval of THE CITY.
5.2 Contracr Officer. The Contract Officer shall be the City Manager or his
designee of THE CITY. It shall be the CONTRACTOR's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
CONTRACTOR shall refer any decisions which must be made by THE CITY to the Contract
Officer. Unless otherwise specified herein, any approval of THE CITY required hereunder shall
mean the approval of the Contract Officer.
5.3
Prohibition Aeaincr Subcontracting or Assienm�IIt• The experience,
knowledge, capability and reputatid employees were a
on of CONTRACTOR, its principals an
enter into this Agreement. Therefore, CONTRACTOR
substantial inducement for THE CITY to
shall not contract with any other entity to perform in whole or in part the services required
her without the express written approval of THE CITY. 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 THE CITY.
5.4 t dcmndenr Oc MDK& TOR. Neither THE CITY nor any of its employees
shall have any control over the manner, mode or means by which CONTRACTOR, its agents or
employees, perform the services required herein, except as otherwise set forth. CONTRACTOR
shall perform all services required herein as an independent CONTRACTOR of THE CITY and
shall remain at all times as to THE CITY a wholly independent CONTRACTOR with only such
obligations as are consistent with that role. CONTRACTOR shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of THE CITY.
5.5 ""� �I��oeration. THE CITY shall provide CONTRACTOR with
any plans, publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to THE CITY. THE CITY
shall additionally provide CONTRACTOR staff assistance and shall take prompt and appropriate
action when it will assist in ensuring timely performance by CONTRACTOR hereunder.
5
contract for biology atudy.T,11a Nova
I
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
. 1 h 1.: ► 1►I I u l\I l y 1►: \11 1 1 ►I I
6.1 I c lr n e. The CONTRACTOR shall procure and maintain, at its cost, and
submit concurrently with its execution of this Agreement, public liability and property damage
insurance against all claims for injuries against persons or damages to property resulting from
CONTRACTOR's negligent or wrongful acts or omissions, to the extent of the CONTRACTOR's
negligence or wrongfulness, rising out of or related to CONTRACTOR's performance under this
Agreement. CONTRACTOR shall also carry Workers' Compensation Insurance in accordance
with State Workers' Compensation laws and professional errors and omissions liability insurance.
Such insurance shall be kept in effect during the term of this Agreement and shall not be
cancelable without thirty (30) days' written notice of proposed cancellation to THE CITY. The
insurance policy shall contain a severability of interest clause providing that the coverage shall be
primary for losses arising out of CONTRACTOR's performance hereunder and neither THE CITY
nor its insurers shall be required to contribute to any such loss. A certificate evidencing the
foregoing and naming THE CITY and its officers and employees as additional insureds as to the
CONTRACTOR's liability hereunder shall be delivered to and approved by THE CITY prior to
commencement of the services hereunder. The procuring of such insurance or the delivery of
policies or certificates evidencing the same shall not be construed as a limitation of
CONTRACTOR's obligation to indemnify THE CITY, its contractors or employees. The amount
of insurance required hereunder shall be determined by the Contract Sum in accordance with the
following table:
Less than $50,000
$50,000 - $300,000
Over $300,000
$100,000 per individual; $300,000 per occurrence;
$600,000 in the aggregate
$250,000 per individual; $500,000 per occurrence
$500,000 per individual; $1,000,000 per occurrence
6.2 Indemnification. The CONTRACTOR shall defend, indemnify and hold
harmless THE CITY, its officers, employees, representatives and agents, from and against any
and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal
costs and attorneys' fees, for injury to or death of person(s), for damage to property (including
property owned by THE CITY) and for errors and omissions committed by CONTRACTOR, its
officers, employees and agents, arising directly or indirectly out of or related to CONTRACTOR's
negligent or wrongful performance and to the extent of the CONTRACTOR's negligent or
wrongful performance under this Agreement, except to the extent of such loss as may be caused
by THE CITY's own negligence or wrongfulness or that of its officers or employees.
r
Contract for biology etudy.Terra Nova
I
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
6.3 performance Bond. (Not Applicable to this Agreement).
6.4 payment Bond. (Not Applicable to this Agreement).
6.5 Bemr<dim. In addition to any other remedies THE CITY may have if
CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, THE CITY may, at its sole option:
1. Order the CONTRACTOR to stop work under this Agreement
and/or withhold any payment(s) which become due to CONTRACTOR hereunder until
CONTRACTOR demonstrates compliance with the requirements hereof.
2. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies THE CITY may have and are not the exclusive remedies for CONTRACTOR'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 CONTRACTOR may be held responsible for
payments of damages to persons or property resulting from CONTRACTOR's or its
subcontractors' performance of work under this Agreement.
1 I t l : ►11 ' 1 i A
7.1 Reports. CONTRACTOR shall periodically prepare and submit to the
Contract Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
7.2 Be Q&. CONTRACTOR 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 principles. 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.
7.3 Ownn of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which are
prepared by CONTRACTOR, its employees, subcontractors and agents in the performance of this
Agreement, shall be the property of THE CITY and shall be delivered to THE CITY upon the
termination of this Agreement or upon the earlier request of the Contract Officer, and
CONTRACTOR shall have no claim for further employment or additional compensation as a
result of the exercise by THE CITY of its full rights of ownership of the documents and materials
hereunder. CONTRACTOR may retain copies of such documents for its own use.
CONTRACTOR shall have an unrestricted right to use the concepts embodied herein.
CONTRACTOR shall cause all subcontractors to assign to THE CITY any documents or materials
prepared by them, and in the event CONTRACTOR fails to secure such assignment,
Contract for biology ecvay'T===e Nova
T
Agreement for Consulting Services -Terra -Nova planning & Research, Inc.
CONTRACTOR shall indemnify THE CITY for all damages suffered thereby.
7.4 RPl auments. The drawings, specifications, reports, records,
documents and other materials prepared by CONTRACTOR 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. CONTRACTOR shall not disclose to any other private entity or
person any information regarding the activities of THE CITY, except as required by law or as
authorized by THE CITY.
1 ►I 1; u l ►Y • ;01313 l ►Y
8.1 California aw. 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 CONTRACTOR covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputu. 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
therefor. 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, THE CITY may take such immediate
action as THE CITY 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 parry's right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit THE CITY's right to terminate this
Agreement without cause pursuant to Section 8.8.
8.3 Retention of Funds. THE CITY may withhold from any monies payable
to CONTRACTOR sufficient funds to compensate THE CITY for any losses, costs, liabilities or
damages it reasonably believes were suffered by THE CITY due to the default of CONTRACTOR
in the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
THE CITY's consent or approval of any act by CONTRACTOR requiring THE CITY's consent
or approval shall not be deemed to waive or render unnecessary THE CITY's consent to or
approval of any subsequent act of CONTRACTOR. 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.
8.5 Rinhtc and Remedies are C'um dative. Except with respect to rights and
contract for biology study:Terra Nova 8
I
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
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.
8.6 i ega� 1 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.
8.7 i IQUM TED DAMAGES. (Not Applicable to this Agreement).
8.8 -- ion Prior To Fxniration Of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section 8.9 for
termination for cause. THE CITY reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to CONTRACTOR. Upon receipt of any
notice of termination, CONTRACTOR shall immediately cease all services hereunder except such
as may be specifically approved by the Contract Officer. CONTRACTOR 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 Scope of Work
(Exhibit "A") or such as may be approved by the Contract Officer, except as provided in
Section 8.3.
8.9 Termi2tion ror Default Of CONTRACTOR. If termination is due to the
failure of the CONTRACTOR to fulfill its obligations under this Agreement, THE CITY may,
after compliance with the provisions of Section 8.2, take over the work and prosecute the same
to completion by contract or otherwise, and the CONTRACTOR shall be liable to the extent that
the total cost for completion of the services required hereunder exceeds the compensation herein
stipulated (provided that THE alTY shall use ments to the CONTnable efforts to mitigate such damages), and
RACTOR or the purpose of setoff or partial
THE CITY may withhold any pal
y
payment of the amounts owed THE CITY as previously stated in Section 8.3.
8.10 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.
ur r 4 DI. r. : lu1 I.: uc
9.1 Non-Imability of City Officers and Rmnloyees. No officer or employee of
THE CITY shall be personally liable to the CONTRACTOR, or any successor in interest, in the
0
Contract for bicla]y 91udy.Terta Nova
I
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc
event of any default or breach by THE CITY or for any amount which may become due to the
CONTRACTOR or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. No officer or employee of THE CITY 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 effects his personal interest or the
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. The CONTRACTOR warrants that it
has not paid or given and will not pay or give any third parry any money or other consideration
for obtaining this Agreement.
9.3 Covenant against Oi crimination. CONTRACTOR 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. CONTRACTOR 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.
10.1 M4ti . Any notice, demand, request, consent, approval, communication
either party desires or is required to give to 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 10.1.
To City:
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, California 92253
Attention: City Manager
To Contractor:
Terra Nova Planning & Research
400 South Farrell, Suite B-205
Palm Springs, California 92262
to
contract for biology ecvdy.Terra Nova
T
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
Attention: John D. Criste
10.2 Integrated Agreemen . This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated into and
superseded by this Agreement.
10.3 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.
10.4 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 effect 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.
10.5 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.
Contract for biology et.dy.Terr. Nova 11
T"
Agreement for Consulting Services -Terra -Nova Planning & Research, Inc.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated: —��
ATT T:
UNDRA L. JUHOLA, City Clerk
APPROVED AS TO FORM:
J 4�t�tkc�E�
DAWN HONEYWELL, City Attorney
Dated: 1'0 • A�. / 9
Dated:
contract for ❑iojoyy acuay.Terra eoaa
CITY OF LA QUINTA,
a California municipal corporation
By: 1 i
THOMAS P. GENOVESE, City Manager
"CITY"
TERRA NOVA PLANNING & RESEARCH,
INC., a California, corporation
0
f zrSl�*Iny'�
LE
Name:
Title:
"CONTRACTOR"
12
It
EXHIBIT "A"
r-I
J TERRA NOVA PLANNING & RESEARCH INC.
v. '? A, 1 1998 May 14, 1998
Mr. Fred M. Baker, AICP
Community Development Department
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
RE: Proposal to Provide Biological Resource Assessment services
Dear Mr. Baker:
Please allow this letter to serve as our proposal to provide the above referenced services. Terra
Nova and Tierra Madre Consultants, Inc. propose to provide the requested services to the City in
accordance with your May 11, 1998 Request for Proposals. Our proposal is also based upon our brief
conversation with you and our familiarity with the site and project vicinity. The following
outlines our scope of work, budget and schedule.
Scope of services
It is understood that the City is entertaining a proposal from KSL Land Corporation to develop a
105.9t acre site located immediately north of Eisenhower Drive and west of the Laguna de la Paz
development. The proposed development would occur within a well defined cove and would provide
resort residential and resort commercial uses. The City and project proponent wish to secure
technical information regarding the site's biological resources, which will provide a context for
and direct development planning. It is also understood that the scope of work is meant to provide
technical information on the subject property and that additional research and analysis would be
conducted subsequent to completion of the project planning and design phase to assess potential
impacts from the project. The following sets forth the specific tasks to be completed in this scope of
work.
Literature Review
Our first task will be to obtain the records of the California Natural Diversity Data Base for
locational information about protected species on and near the project site. We will review
environmental documents prepared for projects in the region, and utilize information from the
City's General Plan and Master Environmental Assessment relevant to biological resources.
Provisions of the Coachella Valley fringe -toed lizard Habitat Conservation Plan will also be
evaluated for applicability to this project.
400 SOUTH FARRELL, SUITE B-205 ❑ PALM SPRINGS, CA 92262 ❑ (760) 320-9040
r
tNIi'blwuiry of i.a wuinca
Biological Survey Proposal/5.14.98
Consultation With Agencies
We will contact the California Department of Fish and Game and the U. S. Fish and Wildlife
Service to obtain information about bighorn sheep use (if any) on the hillside portions of the project
site. We will also contact CVAG and the Coachella Valley Mountains Conservancy to inquire if
these agencies have biological information about this site and if the site is included in the draft
plans for a regional multi -species Habitat Conservation Plan.
Field Survevs
Field surveys will begin within one week of authorization to proceed. All portions of the site will be
walked, and all plants and animals detected will be recorded in field notes. The hillside surveys
will focus on detection of signs of use by bighorn sheep, (droppings, beds, trails, grazed food
plants). The potential for use by the desert tortoise will also be evaluated. The survey will also
focus on any other sensitive plant and animal species which may occur on site, including special
status plants, wildlife and plant communities. Any rare or declining plants species will be
counted and mapped.
A detailed technical report shall be prepared which will discuss the biological resources identified
on the site, including existing flora and fauna and wildlife habitat/communities. The biological
resources will be evaluated in a regional biological context. Our report will provide the
methodology used, a discussion of existing biological resources of importance, a review of
protected species, and an explanation of how the project must comply with wildlife protection
regulations (e.g. the Coachella Valley fringe -toed lizard HCP), if applicable. We will provide
maps of the site, including those showing vegetation, important wildlife habitat, sensitive species
detected (if any), and wildlife movement corridors.
Constraints and opportunities relative to biological resources shall be discussed. If bighorn habitat
is determined to be an issue, we will provide recommendations for protection of the sheep, such as
fencing, landscaping, security of water sources, and minimization of human intrusion into the
habitat.
References and names of persons contacted will be included in the report, along with a complete
species list of the plants/plant communities and animals detected during the field surveys.
Principal Staff
Project Manager: John D. Criste, AICP
Project Biologist: Lawrence F. LaPre, PhD
Staff Biologist: Richard Norton
Staff Biologist: Michael Wilcox
The field surveys and agency consultations for this project shall be conducted by Larry LaPre,
Ph.D. John Criste shall also participate in a portion of the survey work to provide a planning
perspective on the relationship of resources to development planning issues. Rick Norton, Mike
Wilcox and other members of the team will assist in the literature search and report preparation.
r
11\/ 11Y11-d dUY Oi 1 a k&InLa
Biological Survey Proposal/5.14.98
Ik- ^4:;Rr -
The following describes the costs associated with completing the scope of work:
Literature search, review and documentation:
$ 690.00
Field surveys and documentation:
$1,600.00
Agency consultations:
$160.00
Report preparation:
$1,870.00
Reimbursables: Maps, documents, photocopying,
mileage, photographs, etc.:
$ 226.00
Total: $ 4,546.00
Schedule
It is understood that time is of the essence. In this regard, the field surveys for this project shall be
initiated within one week following the execution -of an agreement with the City. Within two weeks
of completion of the field surveys the biological resources report shall be completed and copies
provided to the City. Neither Terra Nova nor Tierra Madre Consultants shall be held responsible
for delays which are beyond their control.
Executable ProposallAgteement
In the event the City fords our proposal meets its needs and wishes to enter into an agreement for
the above described services, the City may engage Terra Nova/Tierra Madre with the execution of
this proposal/agreement where provided below. The person executing this agreement for the City
shall be authorized to do so. Upon receipt of an executed proposal/agreement we will initiate the
scope of work.
Thank you for the opportunity to offer services to the City. If you have any questions regarding the
scope of work, budget or schedule, or would like to discuss our proposal further, please do not
hesitate to contact me.
Accepted:
D. Criste, AICP
By:
City of La Quints,
JDC/sw
cc
Lawrence LaPre, Ph.D.
T