2008 Terra Nova - EIR TravertineCONTRACT 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 INCORPORATED (the
"Contractor"). The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, the Contractor shall provide those services related to the Addendum To
The Travertine Specific Plan Final EIR, as specified in the "Scope of Services" attached
hereto as Exhibit "A" and incorporated herein by this reference (the "services" or
"work"). Contractor warrants that all services will be performed in a competent,
professional, and satisfactory manner in accordance with the standards prevalent in the
industry for such services.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid, if any, which shall be incorporated herein by this reference
as though fully set forth herein. In the event of any inconsistency between the terms of
such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, regulations and
laws of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at
its sole cost and expense such licenses, permits and approvals as may be required by
law for the performance of the services required by this Agreement. Contractor shall
have the sole obligation to pay for any fees, assessments and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary for
the performance of the services required by this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself with the
conditions there existing, (c) it has carefully considered how the work should be
performed, and (d) it fully understands the facilities, difficulties and restrictions attending
performance of the work under this Agreement. Should the Contractor discover any
latent or unknown conditions materially differing from those inherent in the work or as
represented by the City, it shall immediately inform City of such fact and shall not
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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 inaccuraciesare 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 Seventy Seven Thousand Nine
Hundred Fifty and no/100 dollars ($77,950) (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").
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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 Maieure. 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 principals of Contractor
are hereby designated as being the principals and representatives of Contractor
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authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith:
a. John Criste, Principal -In -Charge
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. 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.
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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.
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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.
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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.
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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
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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
0
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affirmative action to insure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex, marital
status, national origin, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval,
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by prepaid, first class mail
to the address set forth below. Either party may change its address by notifying the
other party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1.
To City:
CITY OF LA QUINTA
P. 0. Box 1504, 78-495 Calle Tampico
La Quinta, California 92247
Attention: Les Johnson, Planning Director
To Contractor:
Terra Nova Planning & Research, Inc.
400 S. Farrell, Suite B-205
Palm Springs, California 92262
Attention: John 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA, a California municipal
corporation
Dated: /7 g By:
THOMAS P. GENOVESE, City Manager
"CITY"
ATTEST'
VERONICA M N ECINO, City Clerk
APPROVED AS
City
Dated: 5 • Zt • 0 S'
CONSULTANT:
TERRA NOVA PLANNING & RESEARCH, INC.
By:
Nam Shn 1 (-✓�1,�
Title:
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n
EXHIBIT "A"
SCOPE OF SERVICES
[To Be Attached]
PACAROLYMES FILMTrevertine CT.dor. 11;
Terra Nova/City of La Quinta
Travertine Specific Plan Amendment No. VEIR Addendum
Preliminary Scope and Budget/February 8, 2008/Revised 3.14.08
TRAVERTINE SPECIFIC PLAN
AMENDMENT NO.1
ADDENDUM
TO THE
TRAVERTINE SPECIFIC PLAN FINAL EIR
EXHIBIT A
SCOPE OF WORK
The City of La Quinta has received an application for Amendment No. 1 to the Travertine Specific Plan
project, which was originally approved by the City in 1995. The subject project has also processed a
variety of other regulatory applications, including easements across federal lands that have required
reviews by other state, local and federal agencies. Since its original approval, the Travertine project has
been amended and scaled back, and Amendment No. 1 proposes reducing allowed residential
development to approximately 1,400 dwelling units, elimination of one of two golf courses, the
elimination of a 10-acre commercial site and a tennis center. It is understood that a General Plan
Amendment (GPA) and/or Change of Zone (CZ) will be processed concurrent with the Specific Plan
Amendment. The Specific Plan amendment is still evolving, however, sufficient detail is emerging to
allow the scoping of the CEQA analysis for this project.
Acting as an extension of City staff, Terra Nova will coordinate with the City and the applicant to assure
an adequate project description that can be vetted through the subject CEQA process and minimize the
need for subsequent environmental review. It is understood that certain aspects of the project will be
determined at a later time but that proposed Specific Plan guidelines and standards will be sufficient to
otherwise characterize potential project impacts.
A variety of special studies have been prepared for this project, including updates to geotechnical,
traffic, biological and cultural resources, air and noise. As noted, the project has also been the subject of
state and federal permitting, which has included securing of easements and associated environmental
clearances with the US Bureau of Land Management (BLM) and the US Bureau of Reclamation (BOR).
It is also understood that conformance of the proposed project with the Coachella Valley MSHCP has
also been established. The scope of work will include a review, analysis and breakout of these various
studies, reports and permits, and the provision of appropriate discussions in the subject EIR Addendum.
Based upon the above understanding of the project and our preliminary review of the interim draft
Specific Plan Amendment No. 1 and the aforementioned reports and permits materials, the following
specific tasks represent our proposed scope of work.
♦ti Terra Nova shall review drafts of the Specific Plan amendment and shall provide City staff
with comments and/or recommendations, secure input and finalize a project description that
is sufficient for analysis in the subject EIR Addendum. For purposes of this proposal, two
Specific Plan reviews are assumed;
h Terra Nova shall review previously prepared traffic reports for Travertine, which have
included an assessment of the surround roadway network, and which has been coordinated
with the City Engineer's office in securing concurrence on these previously approved traffic
studies. Provision is also made for coordination with the project traffic engineer and review
and integration of traffic report results in the EIR Addendum;
Terra Nova/City of La Quinta
Travertine Specific Plan Amendment No. I/EIR Addendum
Preliminary Scope and Budt;etfthn ary 8, 2008/Revised 3.14.08
O Additional hydrology analysis is currently under development, the results of which will be
incorporated into the project Specific Plan. Terra Nova will review, analyse and document
the results of the updated hydrology study in the EIR Addendum;
'w Terra Nova shall review previously conducted biological resource studies, as well as the
USFWS Biological Opinion and related materials, and shall describe the project's
conformance to and consistency with the federal permits, as well as with the Coachella
Valley MSHCP. No new biological resource assessments are assumed in this scope of work;
4• In addition to the aforementioned special studies, Terra Nova shall also review and document
other technioal and special studies, memoranda and documentation associated with the
subject project, associated permitted, as other relevant documents provided by the applicant
and the City;
4. Terra Nova shall complete the CEQA Addendum to the EIR in a format acceptable to the
City of La Quinta. This format accounts for the intervening time since the projects original
approval and follows that of a conventional EIR. The environmental setting section will
explain why the level of previous (and re -documented) analysis is sufficient and why no
further analysis is conducted. Other sections will reference the original Final EIR, as
appropriate;
•� City staff shall review two screencheck/administrative drafts of the EIR Addendum prior to
its being finalized, and Terra Nova shall amend the screencheck draft accordingly.
•S Terra Nova shall prepare and coordinate Citys publication and posting of the Notice of
Intent, Notice of Determination and other CEQA postings as required. The City will be
responsible for publishing, posting and mailing all such notices, as appropriate.
❖ Terra Nova shall coordinate printing of the EIR Addendum and facilitate distribution via the
City's responsible agencies list for comment. Provision is made for up to 30 print copies and
20 CD copies of the document will be prepared. Additional copies, if required, shall be billed
on a time and materials basis;
+ Within seven (7) days of the end of the public comment period, the City will provide Terra
Nova with letters (if any) commenting on the EIR Addendum, and Terra Nova will prepare
the response to comments. Up to 40 hours has been allocated to this task. Should additional
time be required, it shall be billed on a time and materials basis. The response to comments
shall be distributed to respondents prior to public hearing.
4• Terra Nova shall incorporate summaries of the environmental analysis into staff reports and
presentations to be made to the Planning Commission and Council;
•2 Terra Nova will, after certification of the document, provide the City up to 30 hard copies
and 20 CDs of the final certified document and one unbound print master, and any changes to
text, etc. for the City's use;
+ Terra Nova may coordinate directly with the applicant, City staff, and others as appropriate;
Terra Nova/City of La Quinta
Travertine Specific Plan Amendment No. 1/EIR Addendum
Preliminary Scope and Budget/February 8, 2008/Revised 3.14.08
+# Provision has been made for Terra Nova staff to attend City and applicant meetings, as well
as two public hearings (Planning Commission and City Council) for the adoption of the EIR
Addendum and representation of the project.
Terra Nova/City of La Quinta
Travertine Specific Plan Amendment No. 1/EIR Addendum
Preliminary Scope and Budget/February 8, 2008/Revised 3.14.08
TRAVERTINE SPECIFIC PLAN
AMENDMENT NO.1
ADDENDUM
TO THE
TRAVERTINE SPECIFIC PLAN FINAL EIR
EXHIBIT B
PRELIMINARY BUDGET
Staff Time
Amount
Meetings and Consultations
$ 9,400.00
Field Surveys, Data Collection & Analysis
$ 3,200.00
Research Entitlements, Permits & Associated Documentation
$ 4,960.00
Specific Plan Draft Review and Comment
$ 3,720.00
CEQA Addendum to Travertine Environmental Impact Report
$ 21,650.00
Response to Comments on EIR Addendum
$ 5,400.00
Preparation of Final FIR Addendum document
$ 2,400.00
Preparation of NOI, NOD, staff report assistance, etc.
$ 4,240.00
Administrative Support
$ 2,400.00
Subtotal
$ 57,370.00
Special Studies
Miscellaneous Special Studies Review and Documentation $ 2,480.00
Traffic Impact Coordination and Review $ 3,600.00
Supplemental Water Resources and Air Quality Discussions $ 5,000.00
Subtotal $11,080.00
ReimburseablesI
Exhibit Preparation $ 2,200.00
Misc. Printing $ 500.00
Printing of EIR Addendum and Response to Comments2 $ 4,500.00
Misc. Office: Postage telephone FAX photocopies etc. $ 2,000.00
Subtotal $ 9,200.00
Total Budget $ 77,950.00
1. Reimbursables are estimates and will be billed on a cost basis.
2. Assumes 10 hard copy screencheck documents, 20 CDs and 30 draft hardcopy Draft Addendum documents, 30
hardcopies of response to comments document, and five CDs and 5 hardeopies of final documents.
Terra Nova/City of La Quinta
Travertine Specific Plan Amendment No. 1/EIR Addendum
Preliminary Scope and l3adget/February 8, 2008/Revised 3.14.08
TRAVERTINE SPECIFIC PLAN
AMENDMENT NO.1
ADDENDUM
TO THE
TRAVERTINE SPECIFIC PLAN FINAL EIR
EXHIBIT C
PROJECT SCHEDULE
The preliminary schedule for preparation of the subject EIR Addendum is contingent to a large degree
upon the completion of a consensus Specific Plan Amendment document and project description. On an
interim basis, Terra Nova shall proceed with the immediate review of the various previous approvals,
recent permits and approvals, and previous and recent technical reports. Concurrently, work will proceed
on the drafting of the EIR Addendum and the integration of updated data and information. It is also
understood that a project -specific traffic report may be prepared, which shall be reviewed and included
in the EIR Addendum upon receipt.
Once a consensus project description has been established, Terra Nova shall work diligently to complete
the above -described scope of work in the most expeditious manner possible. Based upon consultation
with the City and applicant, we expect that a screencheck draft of the EIR Addendum may be delivered
to the City within approximately 60 calendar days of acceptance of the draft Specific Plan document and
land use plan and completion of project technical studies. The subject scope of work will involve
consultations, as well as analysis and documentation of findings. Every effort will be made to complete
the scope of work in the most expeditious manner possible. Terra Nova shall not be held responsible for
delays beyond its control.
EXHIBIT "B"
SCHEDULE 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.
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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 September 1, 2008.
PACAROLVMES FILESMavertfna CTAOC I1S