HomeMy WebLinkAboutHAYWORTH, ANDERSON, LAFER - 1973-11-15i
RECEIVED
CdTYf"LERK
PRQFES°' ,JAL SERVICES CONTRACT"
HUNTINC10H€REACH,CAL►F.
PART I
1973 NO 15 p11 3 4 4
Hayworth, Anderson, Lafer, a California corporation, 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, any pertinent guidelines adopted by the local agency
and the Guidelines for Bnvironmental Impact Reports as provided by the,
Resource Agency of the State of California:
A. Provide a detailed statement of the environmental impact of the
Zone Change '73-6 in Huntington Beach. Such report shall in-
clude:
i. A detailed statement of any adverse environmental effects
-which cannot be avoided if the proposal is implemented..
2. A detailed statement as to mitigation measures proposed to
minimize the impact
3. Alternatives to th( proposed. action,
4 A detailed statement of the relationship between local short-
- term uses of man's environment and the maintenance and en-
hancement of Long-term productivity.
S. A detailed statement of any irreversible environmental changes
which would be involved in the proposed action should it be
implemented.
6. A detailed statement of growth -inducing impact of the
proposed action.
7. A detailed statement of the boundaries of"the area which may
be significantly affected by the proposed action.
8. All items included in,Exhibit A, which is hereby made a part
t of this contract.
S. Any other information or data which may be required by the En
viranmental Review Board, in accordance with section 9721.1(e)
of the Huntington Beach Ordinance Code.
B. Provide copies and consultation:
1. Provide a draft 'EIR in' 50 copies for review by said Agency
within six: weeks of the signing of this contract.
2. Provide a Final, EIR within two (2) weeks of the Environmental
Review Board's public hearing. Such Final EIR will be in
50 copies and will include;
a. Written comments received on the Draft EIR and comments
from the public hearing,
b. Responses to pertinent comments and communications and
reconciliation of problem areas, insofar as possible.
C. Revisions to the Draft EIR, as required.
3. Appear at two (2) meetings of the Environmental Review Board,
a Planning Commission meeting, and possibly a City Council
meeting.
4. Provide representatives who will meet with and on behalf of
the Agency, whenever requested by Agency, at meetings required
relative to the Environmental Report's reviews and/or hear-
ings until and to 45 days after submittal of the Final EIR,
or until said Final EIR is approved by Agency, whichever
occurs first.
5. Provide 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 i.�ntractor's agents.
PART II
The City of !'Huntington Beach, heretowith and hereinafter called
the Agency, in consideration of the foregoing sexvices, hereby agrees
to th..a following:
1. To provide contractor with copies of relevant environmental
reports conducted to date for the City.
2. To provide all existing data pertinent tQ the completion of
the final environmental impact report.
3. 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 information or documents, studies
and/or reports pertaining to the proposed development and to
the completion of the environmental impact report.
4. To pay a fixed fee to Contractor for their professional
services in the sum of not more than four thousand and
five hundred dollars ($4,500) for tasks outlined in
this contract. Said fee includes administrative
costs The fee shall he paid to Contractor per the
schedule contained in Exhibit B, which is hereby made
a part of this contract,
PART III
The Contractor and Agency agree to the further terms and condY,
tions set forth in this PART III:
14 The Contractor shall keep all information and data relating tO
or connected with the contract documents and the work confi-
dential 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 at the
signing of the contract.
3 Agency may extend the time of completion and/or any of the
due dates specified herein upon written notice to the
Contractor. Without such written notice no extension of
time is valid.
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 ail of the costs in connection
therewith.
S. 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 expert manner.
6. Termination: Agency may terminate this contract upon
written notice to the Contractor. Upon termination,
Contractor shall be entitled to compensation in proportion
to the services performed to date of termination. Upon
request, Contractor shall make available and turn over to
Agency's possession, all work done to date of termination
relating to the project herein,
7. For Agency, administration of this contract shall be by
the secretary of the Environmental Review Board or his
dilly appointed and authorized representative,
8 All notices from Contractor required herein must be written,
and dixected to said secretary or representative and those
from Agency must be by said secretary or his representative
to Contractor, to bind Agency.
WHEREFORE, in witness of each other we set Our hands hereto this �T
day of November, 1973.
CITY OF HUNTINGTON BEACH, HAWORTH, ANDERSON, LAFER
Agency Contractor
By /, � By
)1
Secretary, Env rronmen Review Autior-ize Rep sentative
Board
EXHIi3IT A
SCOPE OF WORK
Contractor will provide an environmental impact report on.Zone
Change 73-6. The zone change is from Ml (light industrial' and
M2-0-CD (industrial combined with oil production and civic dis-
trict suffix) to R2-CD (medium density residential with civic
district suffix).
The subject zone change (30.79 acres) includes all industrially
zoned land located between vorktown Avenue on the north, Utica
Avenue on the south, Reach Boulevard on the east, and just past
the Southern Pacific Railroad tracks on the west, in the City of
Huntington Beach. The purpose of the proposed zone change is to
bring the zoning of these areas into conformance with the Hunt-
ington Beach Master Plan. The EIR will be used to determine the
environmental impact of the proposed change.
- Contractor has received copies of: 1) a map locating the sub-
ject properties and showing current zoning, 2) Articles 916, 955,
and 953 of the Huntington Beach Ordinance Code relating respec-
tively to medium density residential, industrial, and light
industrial zoning, and 3) an excerpt from Article 972 of the Code
setting forth requirements for EIRs
Because the proposed zone change would allow development of mul-
tiple family residential units on the properties, in addition t)
the "Contents of EIRs't listed in Article 972 special attention
will be given to the impact of the change on:
1. Existing and potential land uses.
2. Inducement to population growth and physical development.
3. Costs and benefits to the City.
4. Schools (elementary and high school age children).
5.Utilities (including energy sources)
- 6 Other public facilities and services.
7. Need for open space/recreational areas.
8. Noise levels.
9. Air quality.
10. Views and other aspects of visual quality.
11. Existing flora and fauna, including endangered or rare species.
12. Other pertinent phenomena, both natural and man -grade, including
those resulting from the relationship to cnastal resources.
Exhibit A Scope Of Work
Page 2
The report will include a brief discussion of the drainage prob-
lem in the area:
The City will be responsible for traffic and traffic impact (i.e-,
noise and pollutants) analysis, as stipulated in the request for
proposals. Consultant and the City will be mutually responsible
for integrating traffic data any` analysis with related consid-era-
tions in the impact report.
Principals: Edward Haworth will.serve as project principal for
tTie `CanEractor.
1
EXHIBIT B
SCHEDULE OF PAYMENT
1. 25% forthwith as a retainer.
2. 25% upon determination by the Secretary of the En-
vironmental Review Board that the Draft EIR is of
adequate quality to be distributed for review.
3. 25 upon submission of the Final EIR to the Envir-
onmental Review Board:
4 254 upon acceptance of Final EIR by the City; how
ever, if Agency fails to act within fort' -five (45)
days after the Final EIR has been submitted, the
withheld fee shall be ;aid Forthwith to Contractor.