HomeMy WebLinkAboutENVIRONMENTAL IMPACT REPORTS, INC - 1973-02-13'A
PROFESSIONAL SERVhCES CONTRACT
PART 3
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 cif Ca.lifo'i'-nia. in the Public Resources Code Sections
21100�21107,, Attorney General Reports., any pertinent guidelines
adopted by the local agency and the Guidelines for Environ-
mental Impact Reports as provided by the Rescirces Agency of
the State of California;
1. Provide a detailed ,statement of the environmental
impact of the Tentative Tract #7495 hereinafter called
the proposed action,
2. Provide a detal.le3 statement of any adverse environ-
tiental effacts which cannot be avoided if the proposal
is implemented.
3. Provide a detailedstatement 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 localshort-term uses of man's environment
and the maintenance and enhancement of Tong -term
productivity,
6. Provide a detailed statement of any irreversible
environmental changes which would be involved in
the proposed action should it be implemented.
7. Provide a detailed statemen' 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 (archaeo-
logy, paleonzology)'of proposed action.
10. Provide an indemnification policy in an amount suff'i-
c,tent to protect the local agency from any and all
claims which the Agency may sustain or incur as a
reuult of the negligence of the Contractor, or their
agents,.
il. Provide a first rough draft for review by said Agency
on o^ before March 1, 1973 together with 10 copies
thereof.
12. Provide a Final draft with, applicable; public and/or
private comments to said Agency on or before April 6
1973 together with 25 copies thereof.
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Pro,-ide representatives who will appear with, and
on behalf of the Agency, whenever requested by
Agency, at meetings required relative to the Envi-
ronmental Reports reviews and/or hearings until and
to 45 days after submittal of the f,rmal EIR, or
until said formal EIR is approved by Agency, which-
ever occurs first.
PART IT
The
City of Jiuntington Beach heretofore 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 comple-
tion of the final draft of the environment Al impact
report.
3.
To provide a formal Purcha:5e 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 matterof the proposed action and all info..,
mation or documents, studies and/or reports pertaining
to the proposed development andtothe completion of
-`
the final draft of the environmental .impact report.
5.
To pay a fixed fee to ENVIRONMENTAL IMPACT REPORTS,
INC. for their professiona?, services in the sum of
not more than $7,500.00 for tasks outlined in PART I.
Said fee includes administrative costs and shall be i
paid to E"RI as follows:
a. 25% of fee forthwith as a retainer;
b . percent of fee when first rougk draft
of EfR is submitted;
e. 50% of fe6 when final rough, draft of IR is
submitted;
d. 25% of fee shall be withheld until Agency has
approved the formal EIR; however, if Agency
fails tc act within forty-five (45) dayw after
the final EIR has been submitted,the vithhel.d
fee shall be paid forthwith to EIRI,
7_.
To pay Contractor in the event that additions,
professional services are revue°;ec of him before
or after the final FIR has been submitted on the
following basis''
2.
a. A flat fee in the amount of $
b. On a daily basis at the rate of
C. Other: as described in Part II#6
and as described in PART 11#9 (below).
8.
Agency shall not unreasonably withhold approval of the
final EIR.
9.
Additional obligations described as follows: (see PART
II, 7a)
. . To be negotiated subject to Agency's prior appro-
val, where practical, those expenses incurred by Con-
tractor and/or Contrac or'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 ,al-L information and data
relating to or connected with the contract documents
and the work confidential in all respects, and shall
not, without prior writ -ben consent of the Agency
publici?e 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 specified herein upon written notice
to the Contractor. Without such written notice no
extension of time i:�, valid
4.
In the event an action be brought for recovery of
moneys due or to become due under this contra,t or
by reason of any breach of any covenant herein
contained she prevailing party shall be entitled
to all of the costs in connection therewith, 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 co-rect and shall
qe preFared in a professional and experts -se manner.
6
Termination: Agency ;ray terminate this 'contract upon
written notice to the Contractor. Upon termination,
Contractor shall be entitled to be compensated in
proportion to the services performed to date of ter-
mination as per Part II#5 herein. Upon request, Con-
tractor shall mare available and turn over to Agency's
possession, all cork done to date of termination rela-
ting to the project herein.
8.
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7. For Agency, administrate )n 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 must be by said secretary
or his representative to Contractor, to bind Agency.
$REFORE, in witness of each other we set our hands hereto
this) day of Fe'13 d1w 3 1973
ENVIRONMENTAL IMPACT REPORTS, INC.,
Contractor
By F 6 61w4u
Au horized Rep sentative
CITY OF HUNTINGTON BEACH, Agency
By
Secretar';•'Hivironmental Review Board
ATTEST: APPROVED AS TO FORM:
��Clty Clerk City Attorney
)013 P. BI-,
City Alto,:....,
P'
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Deputy Attcruoyt