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HomeMy WebLinkAboutENVIRONMENTAL IMPACT PROFILES - 1973-03-27l P n3 PROFESSIONAL SERVICES CONTRACT PART I Environmental Imps,ct rrofil.es, a California. corporation, Contractor, hereby agrees to perform the fallowing services in accordance with all pertinent gu5,del.ines s6t for' a by the State of California, in thc-Public Resources Code Sections 21100-21107, Attorney General Reports, any pertinent guidelines adopted by the local agency and, th:! auid.elines for Environmental Lmpact Reports as provided by the Resource Agency pf the State of Californias 1. Provide a detailed statement of the environmental impacts of the apaztment complex development., to be located south- west of the intersection of Edinger Avenue and Newland Street, herei<,after called the proposed action. 2. Provide a detailed statement of any adverse environmental effects which cannot 'ae avoided if the proposal, is imvlemented. 3. Provide a detailed statement as to mitigation measures propo: ed to minimize the f,mpact. 4. Provide alternatives to the proposed action. 5.. Provide a, detailed statement of the relationship between ! local short-term uses of man's environment and the main- tenance and enhancement of long-te-4m productivity. E Provide a detailed statement of any irreversible environ- mental cherges which Noould be involved in the proposed action should it be implemented, T, Provide a detailed statement of the growth -inducing impact of the proposed action. 8. Provide a detailed statement of the boundaries of the area which may be significantly affected by the proposed action. 9. Provide a complete ground scientific survey (arche''ogy, paleontology) of proposed action. 10. Provide a first rough draft for review by said Agency or or before April 3. 19171, together with 25 copies thereof. 11. 1':7ovid:e a final draft EIR 4ith applicable public and/or private comments to said Agency on or before May 8, 1973 together with 25 copies thereof. 3/19/73 1. "c r 12. Provide representatives who will appear with, and on behalf of the Agency, whenever requested, by .Agency, at vieetings rewired relative to the Environmental Reports reviews and/or hearings until and to 45 days after sub- mittal of the formal EIR, or until said formal EIR is approved by Agency, whichever occurs first. PART ll The City of Huntington Bench heretowith and hereinafter called the Agency, in consideration of the foregolm services, hereby► agrees �. to the followings 1. To provide contractor with copies of all environmental studies and reports conducted to date including the environmental impact statements provided by any deve- lopers of the proposed action. 2. To provide all existing data pertinent to the completion of the fins) draft of the environmental impact report. 3. To provide a formal Purchase Order from the Agency to conduct the proposed project. 4. To seek cooperation from the Agency's developer in providing access to the real property which is the subject matter of the proposed action and all infor- mation or documents, studies and/or reports pertaining to the proposed development a,nft to the completion of the final draft of the environmental impact report. 5. To pay a fixed fee to Environmental, Impact Profiles for their professional services in the sum of not more than $- o50,?.00 for tasks outlined in PART I,. Said fce includes administrative costs and shall be paid to Contractor as follows: a. 25% of fee forthwith as a retainer. b 50 of fee when 'final rough draft of EIR is submitted. c. 25% of fee shall be witheld uitil Agency has approved the •,ormal EIR; however, if Agency ,'ails to act within forty-five (45)'days after the final EIR has been submitted, the witheld fee shall be paid forthwith to Contractor. 6. To pay Contractor in the event that; additional. professional services are requested of him before or after the final EIR has b<,: submitted on the following basis a. On a daily basis at the rate of $21 50/houv. b. 01;hers a s described in PART I1#9 (below) . 2, Agency shall not unreasonably withold approval of the final EIR. 8, Additiona.i obligations described as follows s l,€see Part 11, 6b) , . . . To be negotiated subject; to Agency's prior appro- val, where practical:, those expenses Incurred by Con- tractor and./or Contractor's consultants for any and all unusual performances not included In the above sections PART III The contractor and Agency agree to the further terms and conditions set Forth in this PART III. 1. The Contractor shall keep all information and data relatin_, to or connected with the contract docume-nts and -He work confidential in all respects, and shall not, without prior written consent of ivl, a Agency publicize any information to third. persons. 2. Contractor shall start uvork on the proposed action as soon as notified in writing by Agency to 10 so. 3. Agency may extend the time, of completion and/or ary of the due dates specified herein upon written notice to the Contractor. Without such written notie to extension of time Is valid. 4. 1n the event an action be brought for recovers of moneys due or 4o become due under this'contra;:,c or by reason of an.- breach of any covenant herein contained the prevailing party shall be entitled to all of the casts in connection therewith. 5. Contractor warrants the aeoaracy of stater-ents made In their reports, that thei.,, reports shall be based data believed to be accurate and correict an& shall be prepared in a professional and expertise manner. 6. Terminations Agency may terminate this caatrart upon Frritten mk t ce to the Contractor. Upon termination, Contractor shall be entitled to dompensation in proportion to the services performed to dato of ter- mination as per PART 11#5 herein. Upon request, Con- tractor shall make available and ttirn over to Agerray's possession, all work done to date of to mination rela- ting to the project herein 7, For Agency, administration of this contract shall be by the secretary of the EnvIronmental Review Board or his duly appointed and authorized representative. ., All notices from Contractor required herein must be written and directed to said secretary or representa- tive and those from Agency rust be by said seeret--aary or his representative to Contractor, to bind Agency. WHEREFORE, in witness of each other we set our hands hereto this .2--',7day or ENVIRONMENTAL IMPACT PROFILES, A CALIFORNIA CORPORATION Contractor B :___ AuthorizedRepreeentati�e f CITY Or HUNTINGTON BEACH, Agency By Becretary, Design Review Board ATTEtiT APPROVED AS TO FORM s L/GrYr C3.tY "G3 r^' " ��/ City Att PROFESSIONAL SERVICES CONTRACT PART I Environmental Impact Profiles, s, California corporation, Contractor, hereby agrees to perform the following services in accordance with all pertinent guidelines set forth by the State of California in the Public Resources Code Sections 21100-21107,, Attorney General Reports, any pertinent guidelines adopted by the local agency and the Guidelines for Environmental Impact Reports as provided by the Resource Agency ' of the State of California: 1. Provide a detailed statement of the environmental impact of the apartment complex developmeat, to be located south-- west of the intersection of Edinger Avenue and Newland Street, hereinafter called the proposed action. 2. Provide a detailed statement of any adverse environmental effects which cannot be avoided if the proposal is implemented, 3. Provide a detailed statement as to mitigation measures proposed to minimize the impact, 4. Provide alternatives to the proposed action. 5. Provide a detailed statement of the relationship between local short -'term uses of man's environment and the main- tenance and enhancement of long -germ productivity. 6. Provide a detailed statement of any irreversible environ- mental changes which would be involved in the proposed action should it be implemented. 7. Provide a detailed statement of the growth -inducing impact of the proposed action. S. Provide a detailed statement of the boundaries of 'the area which may be significantly affected by the proposed action. 9. Provide a complete ground scientific survey (archeology, paleontology) of proposed action. 10, Provide a first rough draft for review by said Agency on or before April. 3, 1973, together with 25 copies thereof. 11. Provide a final draft EIS with applicable public and/or private comments to said Agency on or before May S, 1973 together with 25 copies thereof, nB1d/t 3/19/7 1. 12. Provide representatives who will appear with, and on behalf of the Agency, whenever requested by Agency, at meetings re wired relative to the Environmental Reports reviews and hearings until and to 45 days after sub- mittal of the formal EIR, or until said formal EIR is app 'oved by Agency, whicheveroccurs first. PART II The City of Huntington Beach heretowith and hereinafter called the Agency, in consideration of the foregoing services, 'Hereby agrees to the following: 1. To provide contractor with copies of all environmental studies and reports conducted to date including the environmental impact statements provided by any deve- lopers of the proposed action. 2. To provide all existing data pertinent to the completion of the final draft of the environmental impact report. 3. To provide a formal_ Purchase Order from the Agency to conduct the proposed project. 4. To seek cooperation fron'the Agency's developer in providing access to the real, property which is the subject matter of the proposed action and all Infor- mation or documents, studies and/or reports pertaining to the proposed, development and to the completion of the final draft of the environmental impact report. 5. `I"n pay- a fixed fee to Environmental Impact Profiles for their professional services in the sum of not more than $3,500 00 for tasks outlined in PART I. Said fee includes ad ti.nistrative costs and shall be paid to Contractor as follows$ a. 25cV" of fee forthwith as a. retainer. b. 50% of fee when final rough draft of EIR is submitted c. 25% of fee shall be withe)d until Agency has approved the formal EIR; however, if Agency fails to act within Forty-five (45) days after the final. EIR has been submitted, the witheld fee shall be paid forthwith to Contractor, 6. To pay Contractor in the event' that additional professional services are requester, of him before or after the final EIR has been e- bmitted on the following basis a. on a daily basis at the rate of $21.50/hour. b. Others as described, in PART 1I#9 (below) . 2. 11 Mass � s 7• AML Agency shall not unreasonably withold approval of the final EIR. 8, Additional obligations described as follows: (see Part lip 6b), To be negotiate=.d subject to Agency's prior appro- val, where'.practical, those expenses incurred by Con- tractor and/or Contractor's consultants for any and all unusual performances; not'Ancluded in the above sections. PART i II The contractor and Agency agree to' the further terms and conditions set forth in this PART III. 1. The Contractor shall keep all information and data relating to or connected .�ilth the contract documents and the work confidential in all respects', and shall not, without prior written consent of the Agency publicize any information to third persons. 2 Contractor shall start work on the proposed action as soon as notified in writing by Agency to do so 3. Agency may extend the time of completion and/or any of the due dates specifi-d herein upon written notice to the Contractor. Without such written notice no extension of time is valid. 4. In ",he event an action be brought for recovery of moneys due or to become due under this contract or by reason of any breach of any covenant herein contained the prevailing party shall be entitled to all of the costs in connection therewith. j. Contractor warrants the accuracy of statements made In their reports, that their reports shall be based upon data believed to be accurate and correct and shall be prepared in a professional and expertise manner. 6. Termination: Agency may terminate this contract upon written notice to the Contractor. Upon termination# Contmator shall be entitled to compensation in proportion to the services performed to date of ter- mination as per PART 11#5 herein. Upon request, Con tractor shall make available and turn over to Agency's possession, all work done to date of termination rela- ting to the project herein. 7. For Agency, administration of this contract shall be by the secretary of the Environmental Review Board or his duly appointed and authorized representative. 3• Ak .f All notices frr' sntractor required herein must be written and di : cvt ed to said secretary or representa- tive and those from Agency must be by said secretary or his representative to Contractors to ;find Agency. WHEREFORE, in wItness of each other we set our hands hereto this day or 1973• ENVIRONMENTAL IMPACT PAOFIIIS A CALIFORNIA CORPORATION Contractor By Authorized Representative CITY OF HUNTINGTON BEACH, Agency Secretary, Design Review Board ATTESTS APPROVED AS TO FORM: i ty Clerk City A 4,