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1998 Terra Nova - Washington Bridge WideningCONTRACT SERVICES AGREEMENT THIS 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, INCORPORATED (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 preparation of a Mitigated Negative Declaration for the City's Capital Improvement Program to widen the Washington Street Bridge, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor 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 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 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 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 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 4.2 hereof). T 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, 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 City, except such losses or damages as may be caused by 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 in writing 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 five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Seven Thousand One Hundred Fifteen Dollars ($7,115) (the "Contract Sum"), except as provided in Section 1.7. 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 the Contractor's rates as specified in Exhibit "C", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "C"). Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, premiums for bonds and insurance, and similar costs and expenses when and if specified in the Schedule of Compensation (Exhibit "C"). 2.2 Method of Payment. Any month in which Contractor wishes to receive payment, Contractor shall submit to the City no later than the tenth (Loth) working day of such month, in the form approved by the City'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, (2) specify each staff member who has provided services and the number of hours assigned to each such staff member, and (3) indicate the total expenditures CONT-TERRANOVA-BRIDGE PUBL2941 _1 1 187/2588.00 2 7 to date. Such invoice shall contain a certification by a principal member of Contractor specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 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 the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maj_eure. The time period specified in the Schedule of Performance (Exhibit "D") 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 embargos, 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. 3.4 Term. Unless earlier terminated in accordance with Section 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 (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of 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. Nicole Sauviat Criste, Principal It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for CONT-TERRANOVA-BR I DG E PUBL:2941_11187/2588.00 3 T 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 City. 4.2 Contract Officer. The Contract Officer shall be the Planning and Development Director or such other person as may be designated by the City Manager of 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 City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder 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 City. 4.4 Independent Contractor. 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 City and shall remain at all times as to 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 City. 4.5 City Cooperation. 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 and timely performance by Contractor hereunder. 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. 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 acts or omissions rising out of or related to Contractor'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 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 CONT-TE RRANOVA-BRIDGE PUB1:2941_11187/2588.00 4 T insureds shall be delivered to and approved by the City 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: Coverage (personal injury/ Contract Sum property damage) Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence The Contractor shall also 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 the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. 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 Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. The Contractor shall procure professional errors and omissions liability insurance in the amount acceptable to the City. 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 of proposed cancellation to City. 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 officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, 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 CONT-TERRANOVA-BRIDGE PU BL:2941 _11187/2588.00 T Contractor, its officers, anyone directly or indirectly employed by Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, , arising directly or indirectly out of or related to Contractor's performance under this Agreement, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. 5.3 Remedies. 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: 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 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. C. 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. 6.0 RECORDS AND REPORTS. 6.1 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. 6.2 Records. 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. 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 Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon the termination CONT-TERRANOVA-BRIDGE PUBL:2941_11187/2588.00 6 T 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 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 City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages suffered thereby. 6.4 Release of Documents. 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. 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 Contractor 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 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 City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. C O N T-TER RAN O V A-B R I D G E PUBL:2941_11187/2588.00 7 r 7.4 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. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary 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. 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 7.9 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 Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default Of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, 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 City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City 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. CONT-TERRANOVA-BRIDGE PUBL:2941_1118712588.00 8 r 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the 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. 8.2 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 party any money or other consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. 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, disability 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, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. 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 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, California 92253 Attention: Jerry Herman To Contractor: Terra Nova Planning and Research 400 South Farrell, Suite B-205 Palm Springs, CA 92262 Attention: Nicole Sauviat Criste CONT-TERRANO VA-B RI DG E PU BL2941 _11187/2588.00 9.2 Integrated Agreement. 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. 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 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. 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. CITY OF LA QUINTA, a California municipal corporation Dated: `%- L Z -'/d' By: THOMAS P. GENOVESE, City Manager "CITY" ATT T: AUDRA L. JUHOLA, City Clerk APPROVED AS TO FORM: DAWN HONEYWELL, dity Attorney CONT-TE RRANO VA -BRIDGE Pueu2941_11187/2588.00 10 T- T ERRA NOVA PLA ING 8 ESEA INC. Dated: 4 / 14 / 9 8 Name: Nicole Sauvia ste Title: Vice President Dated: M Name: Title: "CONTRACTOR" CONT-TERRANOVA-BRIDGE Puec2941_11187/2588.00 11 r Terra Nova/City of La Quinta Washington Street Bridge Widening Mitigated Negative Declaration Proposal Page 4 EXHIBIT A SCOPE OF SERVICE ENVIRONMENTAL SERVICES WASHINGTON STREET BRIDGE WIDENING NIITIGATED NEGATIVE DECLARATION The following briefly describes, on a categorical basis, the services to be provided by Terra Nova. Terra Nova shall coordinate with subconsultants working under engineering contract for the preparation of noise, hydrology, biology, paleontology and archaeology studies, and shall review same for incorporation into environmental documentation. * Terra Nova shall coordinate with City Planning and Engineering staff, as well as the project engineer, outside agency representatives (including CVWD and IID) and other affected parties to determine areas of concern, and ensure the development of appropriate mitigation. Issues which are anticipated include aesthetics (retaining walls), land use compatibility (adjacency to residential properties, Duna La Quinta golf course adjacency), circulation (temporary circulation impacts during construction), and noise, among others. Terra Nova shall prepare Environmental Checklist and Initial Study forms on the proposed improvement project in accordance with Section 15063 of the CEQA Guidelines, including preparing responses to "Yes" and "Maybe" items. Basic elements are set forth below. • Provide a description of the project. • Provide a brief identification of the environmental setting. • Provide identification of environmental effects by use of the CEQA checklist. • Utilizing and appending special studies prepared under the engineering contract, summarize findings and incorporate into a mitigation program for the proposed project, as necessary. • Provide discussion of ways to mitigate potentially significant effects for other impacted areas not covered under special studies. • Examine whether the project would be consistent with existing zoning, General Plan, and other applicable land use patterns and controls. • Cite person or persons who prepared or participated in the Initial Study. Prepare a draft Negative Declaration form for execution by City staff once the Negative Declaration has been adopted by the City Council. This document shall: • Provide a brief description of the project. • Delineate the location of the project on a USGS Quadrangle or other appropriate map, and the name of the City as project proponent. • Prepare a proposed finding that the project will not have a significant effect on the environment. • Attach a copy of the Initial Study documenting reasons to support the finding; and mitigation measures, to avoid potentially significant effects. These may be assembled as an integrated document. T" Terra Nova/City of La Quinta Washington Street Bridge Widening Mitigated Negative Declaration Proposal Page 5 Notice that the Lead Agency (City) proposes to adopt a Negative Declaration shall be prepared and submitted to the City for publication and posting by City prior to review and adoption. Notice is required to all organizations and individuals, who have previously requested such notice. Terra Nova shall provide the City with 3 screen check copies of the Mitigated Negative Declaration and associated materials, and one final print master for distribution by City staff to appropriate parties. The City shall be responsible for providing public review copies of the documentation at City Hall, and at any other location commonly used by the City for public review of documents. The noticed public review period shall be long enough to provide members of the public with sufficient time to respond to the proposed finding before the Negative Declaration is approved. Terra Nova will coordinate with City in establishing the date of a public hearing (anticipated at this time for July and August). Prior to approving the project, the decision -making body of the Lead Agency (City Council) must consider the proposed Negative Declaration together with any comments received during the public review process. The decision -making body must approve the Negative Declaration, if it finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, or that these effects have been mitigated. The Terra Nova scope and budget provides for attendance at one Planning Commission and one City Council hearing. After the City Council's determination to carry out or approve the project, Terra Nova shall prepare a Notice of Determination (including Negative Declaration documentation) for submittal by the City to the County Clerk. Posting by the County Clerk on a list of such notices starts a 30-day statute of limitations on court challenges to the approval under CEQA. Terra Nova shall prepare the required De Minimus forms for submittal by City to County Clerk, in conformance with the requirements of the Department of Fish and Game. Fees associated with this and Notice of Determination submittal are to be paid directly by City. t EXHIBIT "B" SPECIAL REQUIREMENTS MO GI►M CONT-TERRANOVA-BRIDGE PUBL:2941_1I18712588.00 13 T Terra Nova/City of La Quinta Washington Street Bridge Widening Mitigated Negative Declaration Proposal Page 6 EXHIBIT "C" SCHEDULE OF COMPENSATION PROJECT BUDGET ENVIRONMENTAL SERVICES WASHINGTON STREET BRIDGE WIDENING MITIGATED NEGATIVE DECLARATION Terra Nova Staff Time Client, Staff & Consultant Meetings, Field Analysis $ 1,200.00 Review and breakouts of subconsultant reports $ 1,360.00 General Research & Documentation, Forms Completion and Processing $ 3,400.00 Public Hearings (1 PC & 1 CC) $ 680.00 Subtotal $ 6,640.00 Reimbursables l: Maps and Exhibit Preparation 300.00 Printing 50.00 Misc. Office: Blueprints, Postage, telephone, FAX, photocopies, etc. 125.00 Subtotal $ 475.00 Total $ 7,115.05 1 Reimbursables are estimates only. City shall be billed on a cost basis for all reimbursables. Terra Nova/City of La Quinta Washington Street Bridge Widening Mitigated Negative Declaration Proposal Page 7 TERRA NOVA STANDARD FEE SCHEDULE TERRA NOVA PLANNING & RESEARCH, INC STANDARD PLANNING FEE SCHEDULE 1998 Terra Nova invoices its clients on a cost -basis using an hourly billing system. The scope of each planning effort is typically broken down by task and assigned estimated necessary staff time and the applicable hourly rate for that staff member. All payments for services rendered are to be made payable to Terra Nova Planning & Research, Inc. unless otherwise indicated. The Client shall be invoiced on a monthly basis, and invoices shall be due and payable upon receipt. A charge of 1.5% per month shall be added to all invoices over 30 days past due. The current fee schedule is provided below: Terra Nova Staff Hourly Rate Principal Planner $85.00 Senior Planner $75.00 Associate Planner $65.00 Assistant Planner $60.00 Senior Engineer $ 95.00 Associate Engineer $ 85.00 Senior Architect $ 95.00 Associate Architect $ 85.00 Senior Biologist $95.00 Design Principal $75.00 Media Specialist $75.00 Computer Aided Drafting $55.00 Draftsman $35.00 Administrative Assistant $40.00 Secretarial Services $25.00 REINIBURSABLES Photo Copies $0.10 ea. Blueprints/Xerox $0.30/sq. ft. Computer Plotter $15.00/Hr. Telephone Toll Charges Cost FAX Transmittals Cost Reproduction, Special photographic services, document printing, aerial photogrametry, postage, etc. Cost plus 15%. r Terra Nova/City of La Quinta Washington Street Bridge Widening Mitigated Negative Declaration Proposal Page 8 EXHIBIT "D" SCHEDULE OF PERFORRANCE Terra Nova shall complete the required forms and materials, and initiate local processing within thirty (30) days of receipt of the completed special studies described in Exhibit A, Scope of Work. Terra Nova shall not be held responsible for delays beyond its control. T