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2007 Terra Nova - EIR Mayer Villa Capri (Retail & Medical)CONTRACT FOR 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, INC., (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 preparation of an Environmental Impact Report for a retail and medical office project proposed by Mayer Villa Capri, L.P., under SDP 2006-875 and EA 2006-582 located on the north side of Fred Waring Drive, between Washington Street and Palm Royale Drive, 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 P:\STAN\mayer villa capri\2006 sdp tpm\EIR contract.rtf 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). 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 defective 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" included in Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "A" and any other provisions of this Agreement, the provisions of Exhibit "A" 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 "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty-four Thousand five Hundred twenty-five and no/100 dollars ($84,525) (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 "A", but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation (Exhibit "B"). 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 "B"). pAstan\mayer villa Capri\2006 sdp pm\eir contract.doc 2 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 (10th) 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 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 "C" 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 Majeure. The time period specified in the Schedule of Performance (Exhibit "C") 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 "C"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized pAstan\mayer villa Capri\2006 sdp pm\eir contract.doc 3 to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Nicole Criste, Principal -In -Charge It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal was a substantial inducement for City to enter into his Agreement. Therefore, the foregoing principal 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 principal 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 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. p:\stan\mayer villa Capri\2006 sdp pm\eir contract.doc 4 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 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. p:\stan\mayer villa Capri\2006 sdp pm\eir contract.doc 5 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 (City Indemnitees), from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by 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. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition, contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 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. p:\stan\mayer villa Capri\2006 sdp pm\eir contract.doc 6 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 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 it's 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. p:\stan\mayer villa Capri\2006 sdp pm\eir contract. doc 7 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, 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 party'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. 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 p:\stan\mayer villa Capri\2006 sdp pm\eir contract.doc 8 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. 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 pAstan\mayer villa Capri\2006 sdp pm\eir contract.doc 9 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 P. 0. Box 1504, 78-495 Calle Tampico La Quinta, California 92247 Attention: Doug Evans To Contractor: Terra Nova Planning & Research, Inc. 400 South Farrel, Suite B-205 Palm Springs, CA 92262 Attention: Nicole Criste 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. p:\stan\mayer villa Capri\2006 sdp pm\eir contract.doc 10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST. VERONICA MO ECINO,_Ci€y Clerk I_�1;�iP1�7_�AlilYilldiA CITY OF LA QUINTA, a California municipal corporation By. / "P -V)e4 9U'Cd.L M. KAT ERINE JE City Attorney Dated: THOMAS P. GENOVESE, City Manager "CITY" TERRA NOVA PLANNIW & RESEARCH, INC. Name: Title: "CONTRACTOR" p:\stan\mayer villa CapriM06 sdp pm\eir contract.doc 11 EXHIBIT "A" SCOPE OF SERVICES [To Be Attached] p:\stan\mayer villa Capri\2006 sdp pm\eir contract. doc 12 EXHI BIT 'A' SCOPE OF SERVICES r L, -A TERRA NOVA PLANNING & RESEARCH, INC. August 22, 2007 Mr. Les Johnson AUG E 2 Planning Director 2007 City of La Quinta CIiY OF LA QUINiA 78495 Calle Tampico PLANNINo nEPAR'rtHEl La Quinta, CA 92253 RE: Environmental Impact Report, Tentative Parcel Map 35088, Site Development Permit 06-875 Dear Les: As previously discussed, please find below out scope of work and proposed budget for an Environmental Impact Report (EIR) on the above referenced project. Understanding of the Project The applicant proposes the construction of a mixed commercial project on 25 acres located at the northeast corner of Fred Waring Drive and Washington Street. The project consists of retail commercial totaling approximately 105,000 square feet, and medical office development totaling 130,000 square feet. A traffic study has been prepared for the proposed project, as have preliminary hydrology, and Phase I and Phase II cultural resource studies. It is also understood that the applicant will provide preliminary geotechnical study (if available), noise impact analysis, and current plans and specifications for the project. The Initial Study for the project has not yet been prepared, and would be required as part of the Notice of Preparation. Scope of Work In order to complete the proposed project EIR, we propose the following scope of work. Complete review of all data and information in preparation of a comprehensive project description and secure preliminary site plans, boundary maps and legal descriptions, tentative maps, and other exhibits, which illustrate the scope of site development. Develop project description to satisfaction of City. o Prepare a draft CEQA Initial Study Checklist and Notice of Preparation (NOP) and transmit same for comment utilizing a City -approved transmittal list. Fifteen (15) copies shall also be transmitted to the State Clearinghouse thereby starting the 30-day comment period. Comments received on the NOP shall be responded to in the Draft EIR. 400 SOUTH FARRELL, SUITE B-205, PALM SPRINGS, CA 92262 760-320-9040 Mr. 1&s Johnson August 14,200 Nee 2 o Prepare the Environmental Setting Section of the EIR, establishing the regional and local background for the project. o Prepare the Existing Conditions, Environmental Impacts and Mitigation Measures section with discussions of all subject areas required in the checklist with "Less Than Significant' or greater impacts in the Initial Study. o Prepare air quality analysis to include required construction and operational calculations for fugitive dust, moving emissions, etc. Analysis shall also include a qualitative discussion of global warming. No quantitative analysis shall be included, as standards have not yet been established by SCAQMD. o Prepare all mandatory discussions (Unavoidable Significant Impacts, Short -Term Productivity, Irreversible and Irretrievable Commitment of Resources, Growth Inducing and Cumulative Impacts). o Three Project Alternatives will be prepared, to include an off -site alternative, as required by CEQA. o City staff shall review the screencheck copy of Draft EIR prior to transmittal and Terra Nova shall amend the screencheck draft accordingly. o Terra Nova shall prepare a draft Notice of Completion (NOC) and shall transmit the Draft EIR for public comment utilizing a City -approved transmittal list. Fifteen (15) copies shall also be transmitted to the State Clearinghouse thereby starting the 45-day public comment period. o Terra Nova shall prepare and facilitate City publication of Notice of Availability in conformance with Government Code and City requirements. o The City shall provide Terra Nova with copies of comment letters received on the Draft EIR. Terra Nova will restate comments on the draft EIR and prepare responses to comments, conferring with City staff before finalizing responses. Terra Nova and City staff shall work cooperatively in the completion of Final EIR documentation. o Terra Nova will prepare findings of overriding consideration as needed. o Upon completion of the Final EIR, Terra Nova shall facilitate the transmittal of this document to all commenting agencies/parties, as well as to those who have requested a copy from the City. Said transmittal must be accomplished at least 10 days prior to City EIR certification. o Terra Nova and City staff shall work cooperatively in the public presentation of the Draft and Final EIR, and recommendations at one public hearing before Planning Commission and one before the City Council. EXHIBIT " DULE OF COMPENSATION Compensation shall be either one lump sum at the completion of the contract, or billed on a monthly basis with payment to be received within 30 days of receipt by the City. pAstan\mayer villa Capri\2006 sdp pm\eir contract.doc 13 EXH I BIT 'B' SCHEDULE OF COMPENSATION Mr. Les Johnson August 14,200 Paee 3 Project Budget The following budget would be required to accomplish these tasks. Consultation Client/City/General Consultations & Meetings $ 4,650.00 Field Surveys, Data Collection & Analysis $ 3,240.00 CEQA Initial Study, Addendum and NOP Preparation $ 4,050.00 Draft EIR Documentation & Drafting $ 30,375.00 Draft Response to Comments and Prepare Final EIR (Up $ 2,700.00 to 20 hours) Statement of Overriding Considerations $ 4,320.00 Public Hearing Prep. And Attendance (2 hearings) $ 1,000.00 Admin. Support (Doc. Formatting & Transmittals) $ 2,000.00 Sub Total $ 52,335.00 Special Tasks Three Land Use Alternatives/Analysis $ 9,450.00 Air Quality Impact Analysis $ 6,200.00 Review and Analysis of Special Studies (prepared by others) $ 5,400.00 Sub Total $ 21,050.00 Reimbursablesi CAD Drafting and Misc. Exhibit Preparation Miscellaneous Printing DEIR/FEIR Document Printing Misc. Office: Postage, telephone, FAX, photo etc. Total �Reimburseables will be billed on a cost basis. Budget amounts are estimates. $ 2,640.00 $500.00 $ 6,000.00 $ 84,525.00 Conclusion I believe that this letter proposal will result in a document which will address all CEQA issues while streamlining the process and expeditiously completing the work. Please let me know if you have any questions. Sincerely, Nicole Sauviat Criste Principal EXHIBIT "C" SCHEDULE OF PERFORMANCE All work shall be performed in accordance with the Scope of Services and Professional Services Contract with the work to be completed by Juatp 1, 20' 08. p:\stan\mayer villa Capri\2006 sdp pm\eir contract.doc 14 EXHIBIT'C' SCHEDULE OF PERFORMANCE Project Schedule and Milestones Villa Cauri EIR 9/07 1 10/07 1 11/07 Research /Data Data Mapping Review Public Review Period Prepare Final EIR Prepare Staff Reports, etc. PC Hearings CC Hearings Prepare Final TN/City of La Quinta Villa Capri EIR/Project Schedule September 3, 2007 Note- Schedule is contingent on receipt of noise, cultural resource, geotechnical studies by October 15, 2007 Current project site plan and elevations will be required for preparation of Notice of Preparation.