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2004 Terra Nova - EA Green Specific PlanCONTRACT 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 Environmental Documentation for the project known as the "The Green Specific Plan" proposed for the creation/modification to the Specific Plan area located immediately south of "The Quarry" golf course and Quarry Ranch communities, in the south Y2 of Section 29, T.6S, R.7E., SBB&M, 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 CAWINDOWS\Temporary Internet Files\OLK5\Contr-Terra Nova - Green Revised Tract Mapl .doc Terra Nova Planning & Research, Inc. 2 The Green Revised Environmental Assessment and Specific Plan 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) . 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" as contained in the Scope of Services 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 "B" and incorporated herein by this reference, but not exceeding the maximum contract amount not to. exceed Seventy Thousand One Hundred Eighty no/100 dollars ($70,180) (the "Contract Sum"), G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 3 The Green Revised Environmental Assessment and Specific Plan 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 B , 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") . 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 "Preliminary Project Schedule" attached hereto as Exhibit D of the Scote of Services 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 "D" of the Scope of Services) 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, G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. The Green Revised Environmental Assessment and Specific Plan 4 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 "Y of the Scope of Services). 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. John 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 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 Community 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. GAWPDOCS\Contracts\Contr-Terra Nova Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 5 The Green Revised Environmental Assessment and Specific Plan 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 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 G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 6 The Green Revised Environmental Assessment and Specific Plan $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 semitrailer 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 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. G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 7 The Green Revised Environmental Assessment and Specific Plan In the event the City indemnities 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 indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable attorney's feed, 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 indemnities. 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 G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 8 The Green Revised Environmental Assessment and Specific Plan 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 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 G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc,. 9 The Green Revised Environmental Assessment and Specific Plan 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 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 G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 10 The Green Revised Environmental Assessment and Specific Plan Schedule of Compensation (Exhibit "B") 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, G:\WPDOCS\Contracts\Contr-Terra. Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. 11 The Green Revised Environmental Assessment and Specific Plan 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 P. O. Box 1504 78-495 Calle Tampico La Quinta, California 92247 Attention: Thomas P. Genovese To Contractor: Terra Nova Planning & Research, Inc. 400 South Farrell, suite B-205 Palm Springs, California 92262 Attention: John D. 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. G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Dated: g / ATTEST: ,!Z� (�� 1,:::� J REEK, City Clerk Dated: I I . Z 3.0 Terra Nova Planning & Research, Inc. 1 The Green Revised Environmental Assessment and Specific Plan 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 tip�'y�-vtG THOMAS P. GENOVESE, City Manager "CITY" TERRA NOVA PLANNING & RESEARCH, INC. Name: John D. Crlste Title: President "CONTRACTOR" Terra Nova Planning & Research, Inc. 13 The Green Revised Environmental Assessment and Specific Plan EXHIBIT "A" SCOPE OF SERVICES [To Be Attached] G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova/City of La Quinta Green GPA/TTWCEQA & NEPA EA Agreement/11.22.04 Exhibit "A AGREEMENT THIS AGREEMENT for professional services is a contract between the City of La Quinta, hereinafter referred to as "Client" or "City", and Terra Nova Planning & Research, Inc., hereinafter referred to as "Terra Nova". RECITALS A. The City wishes to secure planning and environmental analysis services and to have prepared environmental documentation for the proposed Green Tentative Tract Map (TTM) and associated applications. the analysis will also assess impacts associated with the construction of An Expanded Environmental Assessment (EA) compliant with CEQA and NEPA shall be prepared tiering off of the previously certified Environmental Impact Report (EIR) and other relevant documentation. The EA shall also conform to the requirements of the National Environmental Policy Act (NEPA) and shall be used to secure an encroachment permit from the US Bureau of Reclamation (BOR). Terra Nova shall also provide administrative support to facilitate approval of the EA and subject approvals (See Exhibit A: Scope of Work). B. The Client has approved the selection of Terra Nova to assume responsibility for the performance of the work described herein in Exhibit "B", and in accordance with the terms and conditions set forth herein. THEREFORE, THE CLIENT AND TERRA NOVA AGREE AS FOLLOWS: 1. SCOPE OF WORK Terra Nova will prepare, perform, and complete the professional services as outlined in Exhibit A, herein referred to as "SCOPE OF WORK", to the reasonable satisfaction of the City and BOR. Work products shall include, all or in part, an Initial Study and Addendum, draft and final Environmental Assessment (EA), associated technical reports/analyses, exhibits and other supporting materials. Additional tasks and analysis required by the City or BOR, and not a part of the Agreement, shall be initiated and completed with the prior written consent of the Client. 1 Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/11.22.04 2. TIME SCHEDULE The SCOPE OF WORK will be completed by Terra Nova and submitted to the City as defined in Exhibit C. Terra Nova shall not be responsible for delays which are beyond its control. 3. COMPENSATION Terra Nova will be compensated as set forth in Exhibit B, "Project Budget". All invoices are due and payable upon receipt. 4. TERMINATION The Client or Terra Nova may terminate this Agreement at any time by giving written notice thereof, provided that the Client shall be obligated to pay Terra Nova for all work performed and for all direct costs incurred I nrvl tV Icuci )t Ul IIULIGG Ul CG11111111i[11U11 Uy UILIMIpQ.liy. Vv1111G11 11011CC U1 termination shall be sent by Certified Mail and deemed effected upon receipt. 5. AUTHORITY Each of the parties to this Agreement represents that the person signing on behalf of such party has authority to do so. 6. RELATIONSHIP OF PARTIES It is understood that the contractual relationship of Terra Nova to the Client is that of an independent contractor, and all persons working for or under Terra Nova are its agents, servants, and employees, and are not agents, servants, or employees of the Client. 7. PROJECT DESIGN PARAMETERS No design development is expected to result from the completion of the subject scope of work. The project description shall be provided by the Client or applicant. Any subsequent analysis, final design, engineering and landscaping considerations associated with mitigating this project shall remain the responsibility of the Client, unless such services are requested of Terra Nova and are approved in writing. 2 Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/ 11.22.04 8. LITIGATION In the event that legal action is brought by either party to enforce any and all terms of this Contract, the prevailing party shall be entitled to all reasonable attorney's fees, costs and expenses, as may be determined appropriate by the Court. 9. INDEMNIFICATION AND HOLD HARMLESS Client agrees to defend, indemnify and hold harmless Terra Nova and its consultants, agents, officers and employees from any claim, action, or proceeding against Client, Terra Nova, or Terra Nova's consultants, agents, officers or employees which results from the execution of the scope of work as set forth herein or as otherwise established as provided for herein. Client agrees to reimburse Terra Nova and its consultants, agents, officers consulting time, provision of depositions, testimony, court costs, attorney's fees, reimbursables and other costs associated with defending the City of La Quinta, BOR, or Terra Nova or its work. product. Work product includes any and all documents prepared under CEQA and the City of La Quinta Rules to Implement CEQA, and NEPA, including but not limited to Initial Study, Draft and Final Environmental Assessment, consultant studies/reports/technical correspondence and similar materials prepared for and under contract to Terra Nova. 10. CONSULTANT TO ABIDE BY ALL LAWS Terra Nova shall conform with all applicable regulations and guidelines of the City and BOR, and shall abide by all applicable local, state and federal laws. 11. CONFLICTS OF INTEREST Terra Nova may contract with applicant for certain planning services associated with application filing and processing. These services notwithstanding, Terra Nova shall not retain or engage in any other employment, which is inconsistent, incompatible, in conflict with or inimical to Terra Nova's duties as outlined within the "SCOPE OF WORK". 3 Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/) 1.22.04 IN WITNESS WHEREOF, the Client and Terra Nova have executed this Agreement as of the date set forth herein. Client by: City of La Quinta Date by. Terra Nova John D. Criste, AICP President Date Date Please sign and date this Agreement, keep a copy for your files and return the original to: Terra Nova Planning & Research, Inc. 400 S. Farrell, Suite B-205 Palm Springs, Ca. 92262 This Agreement shall commence upon receipt by Terra Nova of the signed Agreement. 4 Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/ 11.22.04 EXHIBIT B PRELIMINARY SCOPE OF WORD ENVIRONMENTAL & PLANNING SERVICES CEQA/NEPA ENVIRONMENTAL ASSESSMENT & PERMITTING CITY OF LA QUINTA GREEN TTM/GPA/BOR PERMITTING Understanding of the Project The subject Green property encompasses 331t acres located immediately south of "The Quarry" golf course and Quarry Ranch communities, in the south 1 /2 of Section 29, T.6S., R.7E., SBB&M, within the corporate limits of the City of La Quinta. Current entitlements include the approval of a Specific Plan of Land Use (SP, a part of the Travertine and Green SP), as amended by City Resolution No. 2001-60, allowing for the development of 277 single-family homes on approximately 94 acres primarily in the eastern portion of the site, with ten (10) of these units planned on a narrow strip along the north property boundary. Access to the site would be from the future southerly extension of Jefferson Street, a General Plan Roadway as shown on the La Quinta Circulation Element. As currently approved, development would occur both east and west of this rnadway. AnnrnximatPly 70 nP.rrPnt of the Pnt,rP a„h,p�t rrn++Art�r would remain in open space. Terra Nova staff conducted an overview of the environmental constraints potentially impacting the site or constraining its development, including categories required to be analysed under CEQA and NEPA for a project of this nature and circumstance. Terra Nova staff met and conferred with La Quinta Planning Department and Public Works Department staff in order to document the status of existing entitlements and environmental clearances, as well as off -site City planning issues potentially affecting the implementation of the entitlements. Our assessment indicates that "Waters of the US" and critical habitat for the Peninsular bighorn sheep will be avoided. The need for an encroachment permit from the Bureau of Reclamation is anticipated for access to the development site and, therefore, analysis and processing through the BOR will be needed pursuant to the National Environmental Policy Act (NEPA) Scope of Work The City is processing an application to secure remaining necessary entitlements to develop the eastern development area of the Green Specific Plan site. A 10-lot portion of the site and associated roadway in the northwestern portion of the planning area are not a part of the project to be analysed. In this regard, Terra Nova proposes to provide planning and environmental analysis services, working in coordination and cooperation with City staff and applicant's consulting engineer, to facilitate the preparation and processing of a Tentative Tract Map (TTM) in substantial conformance with the Green Specific Plan. Other applications, which may be required, include a Specific Plan Amendment (SPA) or related action, and a General Plan Amendment (GPA) associated with the City Circulation Element. The City and applicant also have interest in securing encroachment permits from the US Bureau of reclamation (BOR) to facilitate the southerly extension of Jefferson Street to serve the subject and nearby developments. It is our understanding that the City, applicant and other interested parties wish to have an environmental review conducted on the TTM and the GPA for the proposed change in designation of Jefferson Street. It is assumed that a domestic water reservoir is not a part of the project to be analysed or entitled , and that such improvements may be required in the future and can be addressed at that time. The subject Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/11.22.04 scope of work and budget do not reflect or provide for analysis associated with a domestic water reservoir. Again, it is assumed that the 12 acre development area located adjacent to the Quarry will not be analysed as apart of the project. Based upon the proposed changes to the circulation component of this project and its potential impacts to related development, it has been determined that an Environmental Assessment (EA) document should be prepared. In order to concurrently address the review and processing requirements of the BOR for the Jefferson Street encroachment, the subject EA shall also be compliant with NEPA. Based upon similar efforts we have recently undertaken, we proposed to prepare an integrated CEQA/NEPA EA, which will meet the requirements of the City and BOR. The BOR portion of this document will include the required alternatives analysis. Terra Nova will facilitate the processing of this EA through the City, CVWD and BOR. Primary issues to be analysed in the project EA are expected to include but may not be limited to traffic and circulation, biological resources and drainage. The project environmental analysis will also rely upon the previously approved Environmental Impact Report and Addendum to same. The City General Plan and EIR will also be integral to project analysis and documentation. Additional hydrology analysis will be needed to demonstrate the viability of extending Jefferson Street through the Dike No. 2 impounament; znis is expectea to ne prov aeo ny app icant-s consuinng engineer. The following briefly describes, on a categorical basis, the tasks required to meet the City, BOR and applicant needs and schedule. A Mitigated Negative Declaration will be made available for a local 20- day review and a federal 30-day review period. If the project requires state permits for any component of this project, and 30-day transmittal and circulation by the State Clearinghouse/Office of Planning and Research (OPR) may be required, the schedule for this project will require revision. At this time, circulation of environmental documents at the state level is not anticipated. The following specific tasks are included in this scope of work: ❖ Confer and coordinate with Client and project designers/engineers in the development/refinement of the project description. Facilitate completion of appropriate maps and plans, including TTM, alternative Jefferson Street alignment and design standards, and other project components. Gather data to include sufficient infonnation to satisfy CEQA and NEPA for related project components; ❖ Secure copies of relevant adjacent or nearby tract maps and levee improvement plans, develop vicinity and boundary maps, aerial photos and other exhibits, which illustrate the scope of on -site and off -site development, for use in project description; ❖ Contract for and manage the preparation of a biological resources survey, including field surveys and inventories, literature searches and preparation of appropriate technical report. On the 100f acre development area, a focused survey shall be conducted for desert tortoise in conformance with the January 1992 US Fish and Wildlife Service protocol shall be conducted. A reconnaissance -level burrowing owl habitat assessment shall also be conducted on the development portion of the site. Detailed vegetation surveys and mapping shall be conducted on the development portions of the site, and reconnaissance surveys and remote sensing shall be used to map vegetation on the balance of the property. It is assumed that the project will result in limited or no encroachment into "critical habitat" for Peninsular bighorn sheep. A comprehensive technical report shall be prepared and included as in the EA technical appendices; 6 Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/11.22.04 ❖ Contract for and manage the preparation of a project -specific traffic study to assess the impacts of the proposed re -designation of Jefferson Street to a local or private street. The traffic study will assess the impacts of revised circulation on the Green property and the Travertine development. A technical report shall be prepared and incorporated into the project EA. The following specific tasks shall be accomplished: •'• Review the previous (1992) traffic study prepared for the Green/Travertine development, ❖ Review the General Plan Circulation Element/Traffic Study for appropriate forecasts/alignments, •'• Develop trip generation estimates for both projects individually, ❖ Determine if the proposed restrictions to Jefferson St. south of the Green SP, as an emergency access roadway, would have a impact for either projects, ❖ Coordinate with project engineers and develop a planning -level alignment for Jefferson Street from the Green SP to the existing alignment, north of the levee, ❖ Summarize our findings and recommendations in a letter report, ❖ Optional Analysis: conduct intersection analysis as required by City (not anticipated). If, however, the current intersection serving the Quarry, Quarry Ranch and County Park is proposed for use by this project, intersection analysis may be required at this location and could require the collection of traffic counts. ❖ Prepare an Initial Study Checklist and Addendum in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Prepare an Expanded EA, which incorporates the findings of the Initial Study and special studies to be prepared for this project. The EA shall also include and analyse project alternatives associated with the encroachment of project access into lands under federal (BOR) jurisdiction; ❖ Conduct an air quality impact assessment for both moving and stationary emissions. This assessment shall address potential impacts associated with site development and post -development (occupied residences), and shall be prepared in conformance with the requirements of the SCAQMD; ❖ A mitigation and monitoring program, as needed, shall be integrated into the draft EA on a categorical basis, and modified as needed based on comments to the EA and requirements imposed by public hearing actions of the La Quinta City Council or the BOR; ❖ Prepare a Draft Mitigated Negative Declaration for use by City staff. Prepare Notice of Intent to Adopt a Mitigated Negative Declaration, and provide same to City for their posting. Prepare a Draft Notice of Determination (NOD) for City filing with the County Clerk following City approval; ❖ Coordinate with BOR staff in the preparation of a Finding of No Significant Impact (FONSI) or other appropriate federal finding statement, and facilitate appropriate noticing of FONSI and Record'of Decision through BOR; ❖ Transmit environmental assessment to responsible and trustee agencies, as needed, as well as any other parties who may have requested notification of the project. The transmittal list shall be developed based on standard public agency mailing lists for environmental documents. A total of 15 copies of the final draft document are estimated for purposes of this proposal; 7 Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/11.22.04 ❖ Coordinate responses to all comments received with City and BOR staff, and draft response to comments for distribution to City and BOR; ❖ City permitting, Terra Nova shall draft the EA portion of the Planning Commission/City Council staff report and provide electronic and hardcopies to City for Planning Department use; ❖ Attend two public hearings (Planning Commission & City Council) and be available to represent the analysis conducted for this project. It is assumed that City Planning staff will prepare the staff report and any conditions of approval for the subject project; Terra Nova/City of La Quinta Green GPA/TTMICEQA & NEPA EA Agreement/ 11.22.04 EXHIBIT C PRELIMINARY PROJECT BUDGET ENVIRONMENTAL & PLANNING SERVICES CEQA/NEPA ENVIRONMENTAL ASSESSMENT & PERMITTING CITY OF LA QUINTA GREEN TTM/GPA/BOR PERMITTING The budget for this project assumes the completion of environmental analysis consistent with the limited potential impacts that appear to be associated with this project. Limited public controversy is anticipated and close consultation and coordination with the City and wildlife agencies is assumed. Based upon our understanding of the project and the issues involved, we anticipate that the following budget will be sufficient to complete the above scope of work. Consultations and Meetings Field Surveys, Data Collection & Analysis CEQA NOI, Draft MND, NOD Preparation CEQA initiai �!ktuay ana tiaaenaum, NhFA t✓nvironmentai Lnecxiist, NEPA/CEQA-Compliant EA Documentation & Drafting Draft Response to Comments Staff Report Drafting and Admin. Support (Doc. Formatting & Transmittals) Hearings Preparation & Attendance (2 Hearing) Subtotal Special Tasks (includes Terra Nova staff hours and subcontract management): $ 11,000.00 $ 2,300.00 $ 3 80.00 $ 23,600.00 $ 2,000.00 $ 1,320.00 $ 750.00 $ 411,350.00 Traffic Study/Report $ 7,200.00. (Optional Intersection Counts & Analysis: $2,600.00 per intersection) $ 0.00 Biological Resource Assessment/Report $ 165200.00 Air Quality Analysis $ 2,280.00 Subtotal Reimbursables:I $ 259680.00 CAD Drafting and Mist . Exhibit Preparation $ 1,500.00 Miscellaneous Printing $ 400.00 Document Printing $ 500.00 Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 750.00 Subtotal $ 39150.00 Total $ 709180.00 1. Reimbursables are estimates and will be billed on a cost basis. 2. Exhibits, Screencheck Draft and similar printing. 3. Assumes 25 Draft and 5 Final documents. Terra Nova/City of La Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/11.22.04 EXHIBIT D PRELIMINARY PROJECT SCHEDULE ENVIRONMENTAL & PLANNING SERVICES CEQA/NEPA ENVIRONMENTAL ASSESSMENT & PERMITTING CITY OF LA QUINTA GREEN TTM/GPA/BOR PERMITTING The following time line assumes the completion of a comprehensive project description within 30-days of initiation of this project. Delays in defining development parameters will delay completion of environmental analysis and processing of applications through City and BOR. The schedule also assumes that adequate hydrology analysis will be completed between October and December and that subsequent major design changes will not be required. The time line does not address the need for FEMA flood insurance map amendment,, which is expected to involve characterization of existing levee and filing of FEMA Letter of Map Revision (LOMR) in Fall of 2004. The FEMA application process is not expected to affect the following schedule. Terra Nova shall not he held accountable for delavc whie.h are beyond its control. Dec. Jan. Feb. March April May June July D/BOR Consult FNov. .:SPA/GPA/TTM R Applic. Filing Proj. Access Analysis CEQA/NEPA Init. Study ♦ ♦ Bio.Survey &Report ♦♦♦♦♦♦♦♦♦ Traffic Anal. &Report ♦♦♦♦♦♦♦♦♦♦ Air Quality Analysis EA Drafting ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ EA Screencheck Review EA Transmittal (30-days) EA Respon. to Comment La Q. PC Hearing City Council Hearing BOR FWS .Consultation BORFONSI&Pen-nit ♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 10 Terra Nova/City of La . Quinta Green GPA/TTM/CEQA & NEPA EA Agreement/l 1.22.04 / 1 L J TERRA NOVA PLANNING & RESEARCH, INC. 400 S. FARRELL DR., SUITE B-205 . PALM SPRINGS, CA 92262 STANDARD FEE SCHEDULE 2004 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. Clients are invoiced on a monthly basis, and invoices are due and payable upon receipt. A charge of 1.5% per month is added to all invoices over 30 days past due. The current fee schedule is provided below: JL i,i vva 3�aii' _ dourly Kate Principal Planner $ 125.00 Senior Planner $ 110.00 Associate Planner $ 95.00 Assistant Planner $ 85.00 Senior Engineer $ 125.00 Associate Engineer $ 95.00 Senior Architect $ 125.00 Associate Architect $ 85.00 Senior Biologist $125.00 Design Principal $95.00 Media Specialist $85.00 Computer Aided Drafting $55.00 Draftsman $35.00 Administrative Assistant $40.00 Secretarial Services $25.00 REIMBURSABLES 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 photogrammetry, postage, etc. etc. Cost +15%. 11 Terra Nova Planning & Research, Inc. 14 The Green Revised Environmental Assessment and Specific Plan EXHIBIT "B" SCHEDULE OF COMPENSATION Compensation shall be payable on a monthly basis upon receive of an invoice. All invoices shall be paid within 30 days of receive of the invoice. G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc Terra Nova Planning & Research, Inc. The Green Revised Environmental Assessment and Specific Plan EXHIBIT "C" SCHEDULE OF PERFORMANCE Shall be as contained in the Scope of Services as Exhibit "D" 15 G:\WPDOCS\Contracts\Contr-Terra Nova - Green Revised Tract Map.doc AMENDMENT 1 TO CONTRACT SERVICES AGREEMENT This is Amendment 1 to the Contract Services Agreement related to consultant services for environmental planning services the City of La Quinta, California regarding the Tentative Tract Map 33444 and the Jefferson StreetAlignment CEQA/NEPAenvironmental analysis, executed on December 1, 2004, is made and entered into by and between the City of La Quinta (the ACity@) and Terra Nova Planning & Research Inc. (the AContractor@) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR As Attached Exhibit "A", Scope of Work and Budget. 2.0 COMPENSATION For the services rendered pursuant to this Amendment, the Contractor shall be compensated by the City the Amendment in the amount not to exceed ,Twenty Thousand and Thirty Dollars ($26,030.00) with payment upon completion of each task as provided in the attached Exhibit "A". The method of payment shall in accordance with the December1, 2004 Contract Services Agreement. 2.0 PERFORMANCE SCHEDULE Contractor shall complete the scope of services in accordance with the December 1, 2004 Contract Services Agreement and this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below: CITY OF LA QUINTA, a California municipal corporation (ACITY@) Dated: By. Thomas P. Genovese, City Manager TERRA NOVA PLANNING & RESEARCH INC., a California corporation ("CONTRACTOR@) / 9 , e S By. � 1 Dated: � � Nam o , fE Title. TN/City of La Quinta/10.19.05 TTM 33444 & Jeff. St. Realignment EAs/Change Order EXHIBIT A CONTRACT AMENMENT #1 SCOPE OF WORK & BUDGET ENVIRONMENTAL & PLANNING SERVICES TTM 33444 & JEFFERSON ST. ALIGNMENT CEQA/NEPA ENVIRONMENTAL ANALYSIS AND ENVIRONMENTAL PERMITTING CITY OF LA QUINTA Terra Nova Planning & Research, Inc. (hereafter Terra Nova) prepared and has been under contract for the original scope of work for a combined CEQA/NEPA Environmental Assessment and related documents for the proposed TTM 33444 and associated Jefferson Street alignment projects. In consultation with the Community Development Department of the City of La Quinta and the applicant, and based upon a detailed review of previously prepared special studies and materials, it has been determined that the following tasks, which constitute Change Order 91, are required. The change order also addresses the need for additional funding to facilitate the preparation of a separate CEQA/NEPA EA for the Jefferson Street realignment, to provide for additional meeting/consultation time, public hearings and associated preparation, exhibit preparation, miscellaneous printing, and EA document printing. The following briefly describes the major components that make up the Change Order request. Jefferson Street Separate CEQA/NEPA EA The original proposal to this change order was to prepare an integrated CEQA/NEPA EA document that addressed both Tentative Tract Map 33444 and the Jefferson Street realignment project. It was subsequently determined at the request of BOR that these two environmental assessments should be carried out separately. This change in approach requires that separate Initial Studies, responses and analysis be carried out. It also requires that project alternatives be assessed at the same level as the preferred alternative in accordance with the National Environmental Policy Act (NEPA). Data and information from several other previously prepared environmental studies and technical reports must also be integrated into this document. Cultural Resources Reports/Updates Based upon consultation with City staff and the BOR, it was determined that additional cultural resource surveys and reporting should be prepared for the TTM 33444 subdivision and the Jefferson Street alignment project. Earlier surveys were up to 10- vears old and did not satisfy City policy nor the BOR's concerns. Therefore, based on consultation with City staff and verbal authorization from the applicant, including costs TN/City of La Quinta/10.19.05 TTM 33444 & Jeff. St. Realignment EAs/Change Order to expedite these surveys and reports, Terra Nova contracted for and managed the preparation. Paleontological Resources Reports/Updates Based upon consultation with City staff and the consulting archaeologist, it was determined that additional paleontological resource surveys and reporting should be prepared for the TTM 33444 subdivision and the Jefferson Street alignment project. Earlier surveys were up to 10-years old and in the case of the Green SP were never prepared. Therefore, based on consultation with City staff and verbal authorization from the applicant, including costs to expedite these surveys and reports, Terra Nova contracted for and managed the preparation. Additional Meeting/Consultation Time The Jefferson Street EA constitutes a new project and will require extensive and on -going meeting and consultation with the City, USBR, CVWD and the TTM 33444 applicant and engineer. The project will also affect existing development in the immediate vicinity, including the Coachella Valley Recreation and Parks District (CVRPD), The Quarry development and Lake Cahuilla County Park. The need for coordination and consultation with these entities is also anticipated. Public Hearing Preparation & Attendance At a minimum, preparation for and attendance at one Planning Commission and one City Council hearing is anticipated. A public hearing is not required by the USBR to process and adopt the NEPA EA. Terra Nova staff will also attend any needed City staff planning meetings in preparation for public hearings. CAD Drafting, Misc. Exhibit Preparation & Document Printing In addition to the afore described special studies and tasks, additional budget is needed to cover other cost categories, including maps, aerials and other exhibit preparation, miscellaneous printing, and EA document printing. The change order amounts set forth below are our best estimate at this time, based upon project experience to date. The above cited cultural and paleontological costs are "not to exceed" and the work for these has already been accomplished. The budget requirements to complete these additional scope items are itemized below Task/Budget Category Amount 1) Jefferson Street Separate CEQA/NEPA EA $5,000.00 2) Cultural Resources Survey/Reports $ 8,880.00 3) Paleontological Resources Survey/Reports $ 4,650.00 4) Additional Meeting/Consultation Time $ 3,000.00 5) Public Hearing Preparation & Attendance $ 2,000.00 6) CAD Drafting and Misc. Exhibit Preparation $ 1,500.00 7) Document Printing $ 1,000.00 Total Change Order Request $ 26,030.00 N 11.0. B<>x 150-1 l.n ()(iiN i v, C,\i irOr,ni \ 92247-1501 7 8 - 4 9 5 C \i.i r "f vNi i,r< O ( 7 00) 7 7 7- 7 000 I_v OIIINAA, C:;\LI1IO1,NIA 92253 I"AX (7(i0) 777-7101 November 18, 2005 Mr. John D. Criste TERRA NOVA PLANNING & RESEARCH, INC. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 Re: Environmental Planning Services for Tentative Tract Map 33444 and the Jefferson Street Realignment Dear Mr. Criste: Please find enclosed a fully executed Amendment No. I to the Contract Services Agreement for Environmental Planning Services for Tentative Tract Map 33444 and the associated Jefferson Street Realignment Project. Should you have any questions, please contact the Community Development Department at (760) 777-7070. Sincerely, JUNE S. GREEK, CMC City Clerk Enclosure cc: Douglas R. Evans, Community Development Director