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HomeMy WebLinkAboutENVIRONMENTAL IMPACT, INC - 1973-01-30I-ROFESSIONAL SERVICES CONTRACT PART I ENVIRONMENTAL IMPACT REPORTS, INC., hereinafter called the 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, and any pertinent guidelines adopted by the local agency and provided to contractor by said agency: (check applicable box) (X) 1. Provide a detailed statement of the environmental impact of the Land Mark Homes development tentative tract 76-9Thereinafter called the proposed action. (X) 2. Provide a detailed statement of any adverse environmental effects which cannot be avoided if the proposal is imple- mented. (K) 3. Provide a detailed statement as to mitigation measures pro- posed to minimize the impact. (X) 4. Provide alternatives to the proposed action. A 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-term productivity. (xj 6. A detailed statement of any ,irreversible environmental changes which would be involved in the proposed action should it be implemented. (X) 7. A detailed statement of the growth -inducing impact of the proposed action. (X) 8. A detailed statement of the boundaries of the area which may be significantly affected by the proposed action. (X) 9. A complete ground scientific resources survey (archaeology, paleontology) of proposed action, A 10. Provide an indemnification policy in an amount sufficient to protect the local agency from any and all claims which the Agency may sustain or incur as a result of the negligence of the Contractor, or their agents. (X) 11. Provide a firs rough draft for review by said Agency on, or before February 9, 1973 together with 10 copy(s) thereof. jX) 12. Provide a final draft with applicable public and/or private comments to said Agency on or before March 16, 1973 together with25 copy(s) thereof, (X) 13. Prov}.de representatives who will appear with, and on behalf of the Agency, as necessary, at meetings required relative to the Environmental Report reviews and/or hearings. PART xI The City Of Huntington Beach _ heretofore and hereinafter called the Agency, in consideration of the foregoing services, hereby agrees to the following: (check applicable box) ( 1. To provide contractor with copies of all environmental studies and reports conducted to date including the Environmental impact statements provided by any developers of the proposed actilon. M 2_. , All existing data pertinort to the completion of the final draft of the environmental impact report. 05 3. A formal Purchase Crier from; the Agency to conduct the pro- posed project. 4. Full cooperation from the Agency's developer in providing access to the real property which is the. subject matter of the proposed action and all information 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. Pay a fixed fee to ENVIRONMENTAL IMPACT REPORTS, INC. for their professional services in the sum of not more than $ 2600. oo __ for tasks outlined in PART I. Said fee shall be paid to FIRI as follows: a. P 25% of fee forthwith as a retainer b. { )_percent of fee when first rough draft of EIR is submitted c, IX), 5076 of fee when final rough draft of EIR is submitted d. ) 2510 of fee shall be withheld until Agency has approved the fomal EIR, however, if Agency fails to act within forty-five (45) days after the final EIR has been submitted, the withheld fee shall be paid forthwith to EIRI. 05 6. To pay for any out-of-pocket expenses incurred by Contractor and/or expenditures needed by Contractor to perform his duties described in PART I :subject to Agency's prior approval where practical in the sole discretion of Contractor, �Ig Ash PART II (cont'd) 7. To pay Contractor in the event that additional professional services are requested of him before or after the final EIR has been submitted on the following basis; a. O A flat fee in the amount of $ b. O On a daily basis at the rate of $ /day. C. ( Other: as described in PART II #6 and as described in PART II #9 (below) 8. Agency silall not unreasonably withhold approval of the final EIR. ( 9. Additional obligations described as follows: (see PART II, 76) To be negotiated subject to Agency"s prior approval, where practical, those expenses incurred by Contractor 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. (check applicable box) 1, The Contractor shall keep all information and data re- lating to or connected with the contract documents and the work confidential in all respects,, e.nd, shall not, without, prior written consent of the. Agency publicize any information to third persons. (-2 2 Contractor shall start work on the proposed action as soon as notified in writing by Agency to do so. 3. When good cause for a delay in the work is shown by Contractor, the Agencyj shall determine the seriousness of the delay and extend the time of completion or work accordingly,. ( 4. In the 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 including but not by way of limitation, reasonable attorneys fees, whether or not the action proceed to judgement. (� 5. It is mutually understood and agre d + that Contractor does not warrant the accuracy of statf made in their reports, that their rep its shall be bas. ,a believed to be accurate and correct and shall De pared in an expertise manner. WItEREFDRE, in witness of each other we set our hand hereto thin 30th day of January 1973 I ENVIRONMENTAL IMPACT REPORTS INC. Contractor i by _KA oriz d representative AGENCY %by. V, APPROVED AS 7O FORM A jrized representative `�c�-c`` E` DON P. BONFA Clty ".±torney APPRCUBD AS TO FORM: DON P. BONFA City Attorney By.J3ept1ty ity Attorney