HomeMy WebLinkAbout05400 - TERRA NOVA PLANNING & RESEARCH CEQA SUPPL EIR FOR SEC 14 MASTER DEV PLAN/SPECIFIC PLAN Page 1 of 1
Kathie Hart
From: Edward Robertson
Sent: July 12, 2012 4:08 PM
To: Kathie Hart
Subject: RE: A5400 -Terra Nova Agreement
That's right as well. Completed long ago,should be closed as well. �vl
Thanks, �_." J
Edward O.CitfRoberl
Prirtcipo! ,Planner
Cin,of Palm Springs
3200 E. Tahquila Can-von Wa,
Palm Springs,CA 92263-2743
Tel:(760)323-8245
Fax:(760)322-8360
Edward RoberlsonQpalmsarinesca.eov
From: Kathie Hart
Sent: Thursday, July 12, 2012 3:51 PM
To: Edward Robertson
Subject: A5400 -Terra Nova Agreement
A5400 w/ Terra Nova
Prepare suppl EIR on Sec 14 Master Dev/Specific Plan NTE $65,000
was approved 12-2006
I think it has been completed and may be closed.
Please advise.
Thx!
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs (760)323-8206
3200 E Tahquitz Canyon Way J (760)322-8332
Palm Springs, CA 92262 ®Kathie.Hart@PalmAgringeCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
07/12/12
CITY OF PALM SPRINGS
FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
CEQA Supplemental EIR for Section 14
Master Development Plan and Specific Plan
THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
("Amendment") is made by and between CITY OF PALM SPRINGS, a
Municipal Corporation ("City"), and TERRA NOVA PLANNING & RESEARCH
("Contractor") as of 200S, and it amends that certain
Contract Services Agreement dated as of January 18, 2007, by and between City
and Contractor ("Agreement"). All terms defined in the Agreement shall have
the same meaning when used herein.
RECITALS
A. City contracted with Contractor for a Section 14 Master Development Plan
Supplemental Environmental Impact Report ("SEIR") in compliance with the
requirements of the California Environmental Quality Act ("CEQA").
B. The Scope of Services related to the SEIR called for a water supply study of
limited scope and documentation.
C. City has determined that the SEIR must incorporate a water supply study of
expanded scope, analysis and documentation requiring further work from the
Contractor in excess of that set forth in the Agreement's Scope of Services.
D. Buyer and Seller now mutually desire to amend the Agreement as set forth
below.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Contractor mutually agree to amend the
Agreement as follows:
AGREEMENT
1. Section 1.1 of the Agreement shall be amended to include reference to
Exhibit A-1 attached hereto and incorporated herein by this reference.
2. Section 2.1 of the Agreement shall be amended to include reference to
Exhibit C-1 attached hereto and incorporated herein by this reference. Pursuant
to Section 1.8 of the Agreement, City Council approves and authorizes the
Additional Compensation payable to Contractor set forth on Exhibit C-1 in the
amount of, and not to exceed, Thirteen Thousand Five Hundred Dollars and
00/100 ($13,500) as compensation for the services set forth on Exhibit A-1.
Terra Nova Agreement-First Amendment Page 1 of 5
5vzxns i
3. Except as expressly amended herein, all terms and provisions of the
Agreement shall remain unamended and in full force and effect as originally
executed. In the event there is a conflict between the terms and provisions of this
Amendment and the terms and provisions of the Agreement, the terms and
provisions of this Amendment shall control.
4. This Amendment shall be binding upon and inure to the benefit of the City
and Contractor and their respective successors and assigns. This Amendment
may be executed in counterparts, each of which, when taken together, shall
constitute one fully executed original. Facsimile signatures shall be binding for
all purposes of this Amendment.
[EXECUTION PAGE FOLLOWS]
Terra Nova Agreement-First Amendment Page 2 of 5
592865 1
04
• •
IN WITNESS WHEREOF, City and Contractor have executed this Amendment
as of the date first written above.
"CITY"
CITY OF PALM SPRINGS
a Municipal Corporation APPROVED BY CITY COUNCIL
David H. Ready, ikf meager
ATTEST:
By:
f,. r. James Thompson, City Clerk
APPROVED FORM
By:
Douglas C. Holland, City Attorney
"CONTRACTOR"
TERRA NOVA PLANNING & RESEARCH
a California Corporation
By: f"
John D. Cn resident
By: /l
Nicol Sauvi t Cris e, Vie resident
SEE FOLLOWING PAGE FOR NOTARY SIGNATURE AND SEAL
Terra Nova Agreement-First Amendment Page 3 of 5
59yyE5 I �G
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of a I y e rs �d�
On 19, axr before me, �� c T�r n«.6 t
Date Hcrc In: iNcmo dTIc pt ihp.1i:
personally appeared l e_. C r
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who proved to me on the basis of satisfactory evidence to
be the person(pj whose name( ie/are subscribed to the
within instrument and acknowledged to me that
4efshe/they executed the same in laWA,.edtheir authorized
capacity(Les), and that by falsAaefAheir signature(g on the
instrument the personLs), or the entity upon behalf of
B.C'CANIB which the person( acted, executed the instrument.
Commission#1785636
NotaryPublic-California I certify under PENALTY OF PERJURY under the laws
Riverside County of the State of California that the foregoing paragraph is
jollilly Comm.Expires Csc 17.2011 true and correct.
WITNESS my hand and official seal.
Signature T) r C
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document h
Title or Type of Document: Li25r Ara�_�d r✓r.s� '-i C_r 4r_r__c: _SA;Vr[a' .-._h1 tl_(,_n�,�c..�y
Document Date: '�e-.42r lqy D-00% Number of Pages: i
Signer(s) Other Than Named Above: /A
Capacity(ies) Claimed by Signer(s)
Signer's Name: n G�, 1� ��. C_ c•51� Signer's Name:(� t c kp,( o C rr s Le_
❑ Individual fllndividual
2 Corporate Officer—Title(s): dJ r�sid C}Corporate Officer—Title(s):u,
❑ Partner---LJ Limited LJ General _ LJ Partner—17 Limited ❑ General
❑ Attorney in Fact - D Attorney in Fact
El Trustee Too f tnulrb Here El Trustee
Top of thumb Hcrc
❑ Guardian or Conservator LJ Guardian or Conservator
❑ Other: LJ Other,
Signer Is Representing: Signer Is Representing:
a32007Natlonal Notary Assocletlon•935b De Soto Ave PC box 2402-Cnalswotin CA 91313-2402•wnm.Nauon�INouryory Immfl590] Rrcdpr'CoIITPIbFmr1�0@9]6-692ry
EXHIBIT A-1
SCOPE, OF WORK
ENVIRONMENTAL & PLANNING SERVICES
SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
AND
PROCESSING ASSISTANCE
Terra Nova Planning & Research, Inc. (hereafter Terra Nova) prepared and has
been under contract for the original scope of work to prepare a Supplemental EIR
for the Section 14 Master Development Plan/Specific Plan, which was approved
by the City and the Agua Caliente Band of Cahuilla Indians (Tribe) in 2002. A
Supplemental EIR was prepared in response to litigation challenging the earlier
environmental analysis, with water resources analysis being the focus of the
SEIR.
Supplemental Water Supply Study Modeling & Analysis
During the period that the project Water Supply Study (WSS) was under
development, the circumstances under which water supply was modeled and
analyzed changed significantly. The scope of the study was a result of recent
decisions by the courts regarding State Water Project (SWP) water deliveries
and the decision of the SWP managers to reduce delivers to SWP contractors,
including DWA. Terra Nova has since been coordinating with senior DWA staff
and indirectly with staff at the Department of Water Resources, and conducting
additional research on the effects of the SWP delivery reductions on DWA water
supplies. Amended WSS materials were provided and a variety of models were
reviewed with DWA and others; the final WSS reflects the substantial additional
consultation, research and analysis we conducted. The requested additional
funds include time spent to complete City, DWA, DWR and other consultations,
amend the WSS and facilitate its tacit approval as a consensus analysis_
Meetings, Consultations and Document Revisions
The process of developing the scope of the SEIR analysis, extensive and on-
going consultations and document revisions based on feed back from the City
Attorney and other City staff. In addition, the greatly expanded water resources
analysis included the consultation with and involvement and input of staff from
the City, DWA, Coachella Valley Water District (CVWD) and the state DWR.
Schedule
The schedule for this project, as it currently stands, is not affected by the subject
Change Order. The draft Response to Comments on the DEIR is currently being
reviewed by the City staff. Once finalized, they will be provided to the
commentators and 10-days thereafter the SEIR may be brought before the City
Council for certification,
Terra Nova Agreement-First Amendment Page 4 of 5
592865 1 �7 gg,,
EXHIBIT C-1
COMPENSATION
ENVIRONMENTAL & PLANNING SERVICES
SECTION 14 MASTER DEVELOPMENT PLAN/SPECIFIC PLAN
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
AND
PROCESSING ASSISTANCE
Compensation/Budget
The costs associated with the provision of the above referenced services shall
not exceed:
Field Surveys, Data Collection & Analysis $ 2,700.00
Expanded Water Supply Study $ 7,000.00
Additional Meeting, Consultation &Doc. Revision: $ 3,800.00
Total: $ 13,500.00
Terra Nova Agreement-First Amendment Page 5 of 5
592N61 I 0"7
/
City ®f Pa ih Springs
c+�e �
4?r: Thomas J. Wilson
Assistant City Manager—Development Services
320Q hast'fahquitz Canyon Way •Palm Springs,CA 92262
Tcl:766-323-8248•Pax.760-322-8360•E-ma4: Tom-Wilson@palmspruigs-ca.gov
January 9, 2008
Mr. John D. Criste, President
Terra Nova Planning & Research, Inc-
400 South Farrell Drive Suite B-205
Palm Springs, CA 92262
RE: Contract A540 Section 14- $59,240.00
Purchase Order 716076
Dear John:
The above-mentioned contract will expire January 17, 2008. The City of Palm Springs
wishes to extend Contract A5400 for an additional 120 days with an expiration of May
17, 2008 and with no increase in the compensation.
Please let me know if there are any questions. Thank you for your continued assistance
in the completion of this project.
Sincerely,
Thoma J- Wilson
w,
8culon,n oopVnq[younolon
CC! David H, Ready, City Manager
Craig Ewing, Director of Planning
City Clerk's Office
Procurement
Post Office Box 2743 • Palm Springs,CA 92263-2743 - Web- vrc .p dmspcings-ea.gov
Page 1 of 1
Kathie Hart
From: Loretta Moffett
Sent: January 09. 2008 11:40 AM
To: 'John Crnste'
Cc; Jan Truscott, Craig Gladders; Craig Ewing; Kathie Hart
Subject: 120 Day Extension of Section 14 Contract A 5400 - PO 716076
Attachments: 2255_001 pdf
Good morning John, Attached is a letter from Tom Wilson requesting an extepsion for the above-mentioned contract.
The original hard copy is in the mail to you. Many Thanks for your attention and assistance
Loretta No ffett
Adtnin�strat,vc Ass�st¢nc to
Assistant City Manager-Development Somres
760-323-8270 phone
760-322-0360 fax
Loretta.Moffett@palm.prings-ca.gov
Pis note new email address
From: iR4570-ph@ci.palm-springs.ca.us [mailto:iR4570-ph@ci.palm-springs.ca.us]
Sent: Wednesday, January 09, 2008 11:32 AM
To: Loretta Moffett
Subject: Attached Image
01/09/08 •
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT
CEQA Supplemental EIR for Section 14 Master
Development Plan and Specific Plan
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered
into this htl(lr" 1 �,200 , by and between the CITY OF PALM SPRINGS, a
municipal corporatiM, (herein "City") and TERRA NOVA PLANNING & RESEARCH (herein
"Contractor"). (The term Contractor includes professionals performing in a consulting capacity.)
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 specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider offirst
class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
12 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid 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, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
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 Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work. By executing this Contract, Contractor warrants that
Contractor(a)has Ihoroughly investigated and considered the scope of services to be performed,
(b) has carefully considered how the services should be performed, and (c)fully understands the
facilities, difficulties and restrictions attending performance of the services under this Agreement. If
the services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder. Should the Contractor discover any latent or unknown conditions,which will
materially affect the performance of the services hereunder, Contractor shall immediately inform the
CEQA Supplemental EIR—Section 14—Terra Nova Contract 07 ijn;,y:!-,I_ i y� Page 1 of 15
�P�U��r�QTl
City of such fact and shall not proceed except at Contractors risk until written instructions are
received from the Contract Officer.
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,
documents, plans, studies and/orother 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.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care
and diligence to perform their respective obligations under this Agreement. Both parties agree to act
in good faith to execute all instruments, prepare all documents and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified,
neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the performance
of the services,without invalidating this Agreement,to order extra work beyond that specified in the
Scope of Services or make changes by altering, adding to or deducting from said work. No such
extra work may be undertaken unless a written order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor. Any increase in compensation of up to ten percent(10%)of the Contract Sum may be
approved by the Contract Officer as may be needed to perform any extra work. Any greater
increases, taken either separately or cumulatively must be approved by the City Council. It is
expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of
whether the time or materials required to complete any work or service identified in the Scope of
Work exceeds any time or material amounts or estimates provided therein.
1.9 Special Requirements. Additional terms and conditions of this Agreement,if any,
which are made a part hereof are set forth in the"Special Requirements'attached hereto as Fxhibit
"B" and incorporated herein by this reference. In the event of a conflict between the provisions of
Exhibit"B" and any other provisions of this Agreement, the provisions of Exhibit"B" shall govern.
1.10 Responsible to City. Contractor acknowledges and agrees that the work and
services the Contractor will produce for the City, including any initial study, screen check draft
environmental impact report, draft environmental impact report, and final environmental impact
report,will be prepared in strict and full compliance with the California Environmental Quality Act and
the Environmental Quality Act Guidelines(collectively, the"Law"). Contractor further acknowledges
and agrees that, consistent with the requirements of the Law, all documents that Contractor
prepares must reflect the independent judgment of the City. All work performed and all work product
produced shall be subject to review, revision, and approval of the Contract Officer and the final
environmental impact report, including the draft environmental impact report, comments thereto,and
all related responses to comments, will be subject to approval by the City Council. In addition,
Contractor shall not meet with or discuss the work, services, or the contents of any work product
with the applicant or a representative of the applicant without the express approval of the Contract
Officer nor shall the Contractor take direction from the applicant or the applicant's representative.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum
contract amount of FIFTY-NINE THOUSAND TWO HUNDRED FORTY AND NO/100 DOLLARS
($59,240.00) herein "Contract Sum"), except as provided in Section 1.8. The method of
compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 2 of 15
with the percentage of completion of the services, (in) payment for time and materials based upon
the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract
Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for reproduction
costs,telephone expense,transportation expense approved by the Contract Officer in advance,and
no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall
include the attendance of Contractor at all project meetings reasonably deemed necessary by the
City; Contractor shall not be entitled to any additional compensation for attending said meetings.
Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to
the Scope of Services may be more costly or time consuming than Contractor anticipates, that
Contractor shall not be entitled to additional compensation therefore, and the provisions of Section
1.8 shall not be applicable for such services.
THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS SECTION 2.1 IS
THE AMOUNT SPECIFIED HEREIN. IF THE CITY'$ MAXIMUM OBLIGATION IS REACHED
BEFORE THE CONTRACTOR'S SERVICES UNDER THIS AGREEMENT ARE COMPLETED,
CONTRACTOR WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON
THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT.
2.2 Method of Payment. Unless some other method of payment is specified in the
Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later
than the first (1st) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. Except as provided in Section 7.3, City shall 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. Contractor shall commence the services pursuantto
this Agreement upon receipt of a written notice to proceed and shall perform all services within the
time period(s) established in the"Schedule of Performance" attached hereto as Exhibit"A", if any,
and incorporated herein by this reference. When requested by the Contractor, extensions to the
time period(s)specified in the Schedule of Performance may be approved in writing by the Contract
Officer, but not exceeding one year from date of Contract.
3.3 Force Maleure. The time period(s)specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten(10)days of the commencement of such delay notify the Contract Officer
in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when and
if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination
shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be
entitled to recover damages against the City for any delay in the performance of this Agreement,
however caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 3 of 15
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 but
not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit"A").
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:
John D. Criste, AICP, Project Manager
Terra Nova Planning & Research, Inc.
Phone: 760-320-0240
Fax: 760-322-2760
E-mail: Jcriste@terranovaplanning.com
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such 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. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting orAssignment. 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 maybe transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law,whether for the
benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with
offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are
available, to persons or entities with offices located in the Coachella Valley("Local Subcontractors").
Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors,if
Local Subcontractors are qualified to perform the work required. In requesting for the City to
consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor
shall submit evidence to the City that such good faith efforts have been made or that no Local
Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by
placing advertisements inviting proposals or by sending requests for proposals to selected Local
Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 4 of 15
a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of
all contracts and subcontracts hereunder for the period specified in Section 6.2.
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 provided in Section 1 A 0 or otherwise set forth in this
Agreement. City shall have no voice in the selection, discharge, supervision or control of
Contractor's employees,servants, representatives or agents,or in fixing their number,compensation
or hours of service. 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. City shall not in
any way or for any purpose become or be deemed to be a partner of Contractor in its business or
otherwise or a joint venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of a least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations. The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial General
Liability Insurance shall name the City, its officers, employees, and agents as additional
insured.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in an amount which fully complies with the statutory requirements of the State of
California and which includes $1,000,000 employer's liability-
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily injury and property damage,Said policy shall include coverage for owned,
non-owned, leased, and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit"B".
All of the above policies of insurance shall be primary insurance. (Reference Section 5.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, priorto the cancellation date, submit
new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by
the City.
The contractor agrees that the provisions of this Section 5.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or person for which the Contractor is otherwise responsible.
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 5 of 15
In the event the Contractor subcontracts any portion of the work in compliance with Section
4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
52 Indemnification. Contractor agrees to indemnify the City,its officers,agents and
employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities,(herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work,operations or
activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its officers, agents or employees, who are directly responsible to the City,
and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys'fees
incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers,agents or employees for any such claims or liabilities arising out of or in connection with the
negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees.
5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor
shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form
provided by the City Clerk, which secures the faithful performance of this Agreement, unless such
requirement is waived by the Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the entire
term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement. (Performance Bond requirement waived-see
EXHIBIT "B")
5.4 Sufficiency of Insurer or Sure ty. Insurance or bonds required by this Agreement
shall be satisfactory only if issued by companies qualified to do business in California, rated "B" or
better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal
Register, unless such requirements are waived by the City Manager or designee of the City ("City
Manager")due to unique circumstances. In the event the City Manager determines that the work or
services to be performed under this Agreement creates an increased or decreased risk of loss to the
City, the Contractor agrees that the minimum limits of the insurance policies and the performance
bond required by this Section 5 may be changed accordingly upon receipt of written notice from the
City Manager or designee; provided that the Contractor shall have the right to appeal a
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 6 of 15
determination of increased coverage by the City Manager to the City Council of City within ten (10)
days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
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. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein or,
if Contractor is providing design services, the cost of the project being designed, Contractor shall
promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated
increased or decreased cost related thereto and, if Contractor is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
62 Records. Contractor shall keep,and require subcontractors to 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 performance of such services. The Contract Officer shall have
full and free access to such books and records at all times during normal business hours of City,
including the right to inspect, copy, audit and make records and transcripts from such records. Such
records shall be maintained for a period of three (3) years following completion of the services
hereunder, and the City shall have access to such records in the event any audit is required.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials 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
request of the Contract Officer or upon the termination of this Agreement,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. Any use of such completed
documents for other projects and/or use of uncompleted documents without specific written
authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and
the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain
copies of such documents for it's own use. Contractor shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City of any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify City for all damages resulting therefrom.
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.
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
parry shall notify the injuring party in writing of its contentions by submitting a claim therefore. The
injured parry 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
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 7 of 15
cure of such default within forty-five (45) days after service of the notice, or such longer period as
may be permitted by the injured party; provided that if the default is an immediate danger to the
health, safety and general welfare, such immediate action may be necessary. 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 or the
Contractor's right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any
amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the
payment of which may be in dispute hereunder or which are necessary to compensate City for any
losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be
liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall
appear to be the basis for a claim of lien, City may withhold from any payment due, without liability
for interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. 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, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief,
or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any delay
in performance of this Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement,the Contractor and its sureties shall be liable for and shall pay
to the City the sum of (waived - see Exhibit "B"1 as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance(Exhibit"A"). The City may withhold from any monies payable on account of services
performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement except as specifically provided in the following Section 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, except that where termination is due to the
fault of the Contractor, the period of notice may be such shorter time as may be determined by the
Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any
time upon, with or without cause, upon sixty (60) days' written notice to City, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as the
Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately
CEQA Supplemental EIR—Section 14-Terra Nova Contract Page 8 of 15
cease all services hereunder except such as may be specifically approved by the Contract Officer.
Except where the Contractor has initiated termination, the Contractor shall be entitled to
compensation for all services rendered prior to the effective date of the notice of termination and for
any services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or such as may be approved by the Contract Officer, except as provided in Section
7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to
compensation only for the reasonable value of the work product actually produced hereunder. In the
event of termination without cause pursuant to this Section, the terminating party need not provide
the non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 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, lake 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 purpose of set-off or partial payment of amounts owed the City as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action, taking depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such fees
shall be deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
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 Contractororto 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 financial
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 financial interest or the financial 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, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, color,creed, religion,Sex, marital status,
national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent, approval, or
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, in the case of the City,
CEQA Supplemental EIR-Section 14—Terra Nova Contract Page 9 of 15
to the City Manager and to the attention of the Planning Services Director, CITY OF PALM
SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor,to the
person at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of
mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of language used and shall not be construed for or against either party by reason
of authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements,agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
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 affect 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 unless the Invalid provision is so material that its invalidity
deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.5 Coroerate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said parry, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF PALM SPRINGS
ATTEST: - a municipal corporation
~ By: B
ity Clerk David H. Rea y
City Manager
APPRov TO FORM APPROVED SV CITY COUNCIL
By: �� � 10i1q. \���7� ASkvL
City A orney
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 10 of 15
CONTRACTOR: Terra Nova Planning & Research Check One:
400 South Farrell Drive, Suite B 205 individual^Partnership Corporation
Palm Springs, CA 92262
Corporations require two notarized signatures, one from A and one from B: A.Chairman of Board, President,
or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer).
ABy: By ( ' T
Sign tu[e(notarized) ignature (n tarized
Name: John D. Criste Name: Nicole Sauviat Criste
Title: President Title: Vice President
Address, 400 South Farrell Drive, Suite B-205
Palm Springs, CA 92262 Address: 400 South Farrell Drive, Suite B-205
Palm Springs, CA 92262
State of California }
County of Riverside )ss State of California }
County of Riverside }ss
On fr�J tt7 before me, On�p. l0 ano °4- before me
o�ne�l o�A1Vc personally r� _C4ff L o r o Lbw personally
appeared John D. Criste p awR4e-",re appeared Nicole auviat Cri to persorlaHy-krrowrrto-
(or proved to me on the basis of satisfactory m- (or proved to me on the basis of satisfactory
evidence) to be the person whose name is evidence) to be the person whose name is
subscribed to the within instrument and subscribed to the within instrument and
acknowledged to me that he executed the same in acknowledged to me that she executed the same in
his authorized capacity,and that by his signature on her authorized capacity, and that by her signature
the instrument the person, or the entity upon behalf on the instrument the person, or the entity upon
of which the person acted,executed the instrument. behalf of which the person acted, executed the
instrument
WITNESS my hand and official seal.
WITNESS my hand and official seal.
Notary - Notary
Signature: Signature: -`-�u
Notary Seal: Notary Seal:
CARRIE RovNEy
CARRIE RovNEY Cammimlon� 1648583 Commission aIt 1648683 •�� Nolory Publla-California
_i - Notary public-California Rivenlde County
Riverside County - MYCOM.Expires Mor26,2010
MVCamm.Fpires Mar26,2010
CEQA Supplemental EIR-Section 14-Terra Nova Contract Page 11 of 15
EXHIBIT "A"
SCOPE OF SERVICES
Consultant agrees to perform the following Scope of Services for preparation of a CEQA
Supplemental EIR for the Section 14 Master Development Plan and Specific Plan.
PRELIMINARY SCOPE OF WORK:
A Terra Nova shall complete a review of all data and information available on area land use
trends and previous City and/or Tribe approvals in Section 14 and vicinity, including the
updated City General Plan and EIR (in progress), and other planning and environmental
documents;
A Terra Nova shall determine what additional information is needed to prepare environmental
materials, which shall also be reviewed by City before subsequent phases of the analysis are
initiated. This task will be accomplished by Terra Nova staff, in cooperation with City Planning
and legal staff;
/a Terra Nova shall coordinate with City and Tribe, and prepare an updated project description
consistent with 2002 Final EIR for Section 14. Secure appropriate boundary maps and other
exhibits, which illustrate the planning area. Prepare both CEQA Initial Study/Addendum and
Notice of Preparation (NOP), review same with City Planning staff, and transmit to public
agencies, with City lead agency concurrence and assistance;
A Terra Nova proposes to conduct all analysis and documentation with in-house staff. With the
exception of a Water Supply Assessment (see below), no other special studies have been
determined necessary to complete the SEIR, and previously prepared studies and analyses
shall be used to the greatest extent possible;
A Terra Nova shall coordinate with City staff and/or City's title company to secure surrounding
property owners notification package for public notification of public meetings and hearings;
A Terra Nova shall confer with the City Traffic Engineer and shall otherwise rely upon and cite
the findings of the traffic analysis prepared for the original 2002 EIR. No additional traffic
impact analysis is planned, with the expectation that individual projects will be required to
conduct their own project-specific traffic analysis;
A No new air quality analysis is anticipated for the project; however, Terra Nova will clarify any
changes in management and regulation that may have been enacted since the 2002
certification of the original EIR and which will be applicable to continuing development in
Section 14;
A Confer with the Desert Water Agency, City Public Works Department and City Attorney, and
prepare a Draft Water Supply Assessment (WSA) for review and approval by the City and
DWA. A copy of the final WSA shall be included in the Draft SEIR technical appendices. The
WSA shall be prepared in accordance with DWA, City and State requirements and will satisfy
applicable state law regarding demonstration of long-term water supply availability for this
project. Terra Nova shall rely on DWA's Urban Water Management Plan to complete this
assessment;
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 12 of 15
A Establish project work and meeting schedules with City Planning and other staff to assure a
logical and orderly drafting and review of the SEIR document, environmental analysis and
supporting information;
A Update research, document and mapping of environmental resources and hazards for
integration into the SEIR. Each analysis category shall be briefly addressed in the
Environmental Setting discussion and will be expanded to demonstrate the adequacy of
previous analysis. Issues requiring furtheranalysis(currently limited to Water Resources)shall
be fully analyzed in the impacts and mitigation section of the EIR. The goal is to provide an
adequately updated document, which utilizes the most up-to-date data and Information
available in a manner compliant with CEQA;
A City staff shall review the screencheck copy of Draft SEIR prior to transmittal and Terra Nova
shall confer with City staff regarding comments and shall amend the screencheck draft
accordingly;
A In order to expedite SEIR processing and assuming concurrence by the City,Terra Nova shall
prepare a draft Notice of Completion (NOC) and shall transmit the Draft SEIR for public
comment utilizing a City-approved transmittal list. Fifteen(15)copies shall also be transmitted
to the State Clearinghouse thereby starting the 45-day public comment period;
A Terra Nova shall prepare and facilitate City publication of Notice of Availability (NOA) in
conformance with California Government Code, and applicable City requirements;
A The City shall provide Terra Nova with copies of comment letters received on the Draft SEIR.
Terra Nova will restate comments on the SEIR and prepare responses to comments,
conferring with City staff before finalizing responses. Terra Nova and City staff shall work
cooperatively in the completion of Final SEIR documentation. Any necessary findings of
overriding consideration will be developed jointly between City and Terra Nova staff.
Preparation of Statements of Overriding Consideration are not included in this scope of work
or budget;
A Upon completion of the Final SEIR,Terra Nova shall transmit this document to all commenting
agencies/parties, as well as to those who have requested a copy from the City. Said
transmittal must be accomplished at least 10 days prior to City SEIR certification;
A Terra Nova shall confer with the City and will assist staff in the preparation of staff reports and
other materials to accompany documents to be provided to the Planning Commission and City
Council, prior to consideration of the project at public hearings;
A Terra Nova and City staff shall work cooperatively in the public presentation of the Draft and
Final SEIR, and make recommendations at one public hearing each before Planning
Commission and City Council;
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 13 of 15
EXHIBIT "B"
SPECIAL REQUIREMENTS
City hereby waives Section 5.3 as a requirement of this Agreement.
City hereby waives Section 7.7 as a requirement of this Agreement.
CEQA Supplemental EIP—Section 14—Terra Nova Contract Page 14 of 15
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Client agrees to compensate Consultant for such services as shown below.
Consultant shall complete the work outlined above in accordance with the fees schedule identified
below and shall invoice Client on a monthly basis on the percentage of completion.
TASKS DESCRIPTION 1= E E S
Preliminary Costs
This project budget is based on close consultation with City staff and legal counsel,and on a review
of the certified 2002 EIR for the Section 14 Specific Plan. The following budget assumes close and
on-going consultation and coordination with the City.
Staff Time PrrOLrt
Meetings and Consultations $ 5,400.00
Field Surveys, Data Collection &Analysis $ 3,200.00
CEQA Initial Study/Addendum & Notice of Preparation $ 4,300.00
CEQA Supplemental Environmental Impact Report $ 11,400.00
Response to Comments (assumes 40 hours) $ 5,400.00
Preparation of NOI, NOD, staff report, & distribution of documents, etc. $ 4,240.00
Administrative Support $ 2,600.00
Subtotal $ 36,540.00
Special Studies
Water Supply Assessment $ 13,000.00
Subtotal $ 13,000.00
Reimbursables
Exhibit Preparation $ 2,200.00
Misc. Printing $ 500.00
Printing of SEIR and Response to CommentS2 $ 5,000.00
Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 2,000.00
Subtotal
Total Contract $ 59,240.00
1. Reimbursables are estimates and will be billed on a cost basis with supporting documents with each invoice.
2. Assumes 5 screencheck documents, 50 draft documents, 15 response to comments, and 5 final documents.
CEQA Supplemental EIR—Section 14—Terra Nova Contract Page 15 of 15