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HomeMy WebLinkAboutB. A. Berkus Associates - ESI Research - 1973-08-31PROFESSIONAL SERVICES CONTRACT PART B. A. Berkus Associates, a California Corporation doing business as "ESI Research," 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; A. Provide a -detailed statement of the environmental impact of the proposed action, described in Exhibit A which is hereby made a part of this contract. Such report shall include: 1. 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 mini_'ize the impact. 3. Alternatives to the proposed action. 4. A detailed statement of the relationship between local short l term uses of man's environment and Vie maintenance and enhancement of long-term productivity. 5. A detailed statement of any irreversible environmental chenges which would be involved in the proposed action should it be implemented. 6. A detailed statement of the 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 B, which is hereby made a part of this contract. A. 1. Provide a draft EIR in 50 copies for review by said Agency !' within six creeks of the signing of this contract. I 2. Provide a Final EIR within two (2) weeks of the Environmental Review Board's public hearing. Such ?inal EIR will be in 50 copies and will include: a. Written conments recieved on the Draft EIR and minutes from the public hearing. y 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 three (3) meetings of the Environmental Review Board, a Planning Commission meeting, and possibly a City Council meeting, 4. Provide representatives who will be available for phone con- sultation with and on behalf of the Agency, whenever requested by Agency, at meetings required relative to the Environmental Report's reviews and/or hearings until 'and 'to 45 days after submittal of the Final EIR, or until said Final EIR is approved by Agency, whichever occurs first. PART II The City of Huntington Reach heretowith and hereinafter called the Agency, in consideration of the foregoing services, hereby agrees to the following: 1. To provide contractor with copies of relevant environmental reports conducted to date for the City. 2. To provide all existing data pertinent to the environmental impact report.. 3. To cooperate in providing access to the real property which _3 the subject matter of the proposed action and all informa- cion or documents, studies and/or reports pertaining to the proposed development and to the completion of the environmental impact report. 4,. To furnish available information on the project sites which shall define lines of streets and their approximate grade, alleys, pavements, adjoining property, right-of-way, easements, zoning, information pertaining to existing structures and facilities prdsently located within the proposed project space, both public and private, above and below grade, including in- verts and depths, .soils including specifically compaction, expansion, slope stability and percolation. S. To pay a fixed fee to B. A. Berkus Associates, a California corporation doing business as "ESI Research," for their pro- fessional services in the sum of not more than eleven thousand,' five hundred and forty dollars ($11,540.00) for tasks out- lined in this contract. Said fee includes administrative costs. The fee shall be paid to Contractor per the schedule contained in Exhibit C, which is hereby made a part of this contract. PI�RT III The Contractor and Agency agree to the further terms and condi- tions set forth in this PART III 1. The Contractor shall keen all information and data relating to or connected with the contract docuit.ants and the work confi- dential in all respects, and shall not, without prior written consent of the Agency public-'e any information to third persons. 2. Contractor shall start work on the proposed action at the signing of the contract 3. T.gency may extend the time of completion and/or any of the due dates specified herein upon written notice to the Contrac- tor. 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 all of the costs in connection there- with, but not attorney's fees 5. 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 pro- fessional and expert manner. 6. Termination: Agency may terminate this contract upon written notice to the Contractor. Upon termination, Contractor shall he entitled to compensation in proportion to the services performed to date of termination. Upon request, Contractor shall make availalle 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 duly appointed and authorized representative. 8. .All notices from Contractor required herein must be written and directed to said secretary of 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 31st day of August, 1973. CITY OF HUNTINGTON, EACH, B. A. BERKUS ASSOCIATES,, a California Agency corporation doing business as "ESI Research," Contractor By By Secretary, Environmental Review Authorized Representative Board EXHIBIT A PROJECT DESCRIPTION The Project is a street improvement program proposed by the Public 'Works Department of the City of Huntington Beach, consisting of six (6) City street segments, as follows: 1. Newland Street - Ellis to Talbert (new street and street widening) 2. Talbert Avenue - Goldenwest to Newland (new al- ignment, widening) 3. a. Ellis Avenue - Gothard to easterly right-of- way of the Southern Pacific Railroad (new street and under- pass) b. Ellis Avenue - Beach to Newland (widening) 4. Slater Avenue - Goldenwest to Newland (widening) S. Mansion Avenue - Main. to Huntington (right-of- way acquisition, new alignment) 6. Jewland Street - Garfield to Ellis (new street) EXHIBIT B SCOPE OF CONTRACTOR'S SERVICES A. Contractor shall undertake a complete Environmental Audit of the Project area, of a general and specific analysis and resulting in an accurate description of relevant in- nate, living, social, and fiscal factors within the envir- onment affecting or affected by the Project. These shall include, but not be limited to analysis of traffic systems, accident potential, traffic associated noise and pollution; habitat for flr-a and fauna; present and approved future land use present costs of maintaining present streets, archaeological and/or historical sites; public transporta- tion; and public attitudes. B. Contractor shall meet with a representative of the Public Works Department to discuss need for and object of the project; contractor will prepare list of questions for that meeting. C. Contractor shall conduct a systematic assessment of the pro- posed Project''s impact on and by aforesaid existing envir- onmental factors. Said assessment shall describe projected impacts according to the format established by Government Agency guidelines for the preparation of Environmental Im- pact Reports, including the cost effectiveness of the pro- posed Project, and disruption of traffic patterns during the construction period,, per the special provisions of the construction contract. D. Contractor shall make itself available to answer questions, clarify, support, confirm, substantiate said Draft during said Government Agency's review procedure. E Acceptance of said Final BIR by said Government Agency 13 Final Environmental Impact Report shall be report3d by Secretary to Contractor within five (5) calendar days of occurence ar knowledge of occurence. F. Rejection of said Draft ':y said Environmental Review Board for reasons of demonstrable inadequacy shall cause Con- tractor to update, qualify, or supplement Draft according to need until acceptance is given. �1 b EXHIBIT C SCHEDULE OF PAYMENT 7.. 20% upon the signing and execution of this contract. 2. 45% upon determination by the Secretary of the En- vironmental Review Board that thy;: Drp :,'=-L EIR is of adequate quality to be distribu,;d. J`or 3 10 upon submission of the Final. BIR to �:nvir, onmenta'l Review Board. 4. 25% upon acceptance of Final E?R b;r the City.