HomeMy WebLinkAboutENVIRONMENTAL IMPACT REPORTS, INC - 1973-01-30PROFESSIONAL SERVICES CONTRACT ,
PART I
ENVIRONMENTAL IMPACT REPORTS, INC., hereinaftE - called
the
Contractor, hereby agrees to perform the following sel vices 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)
O
1._ Provide a detailed statement of the environmental impact
of the - Huntington Landmark DeveloRment tentative
Tract il 5419, hereinafter called the pro2osed action.
2. Provide a detailed statement of any adverse environmental
effects which cannot be avoided if the propo , 7 is imple-
mented.
3. Provide a detailed statement as to mitigation measures pro-
posed to ;iiinim. ze the impact.
4. Provide alternatives to the proposed action.
(X)
5. Provide a detailed statement of the relationship between
local short-term uses of man°s environment and the main-
tenance and enhancement of to g-term productivity.
(X)
6. A detailed statement of any irreversible environmental changes
which would be .involved in the proposed action should it be
implemented.
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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
rnay be significantly affected by the proposed action.
(X)
9. A complete ground scientific resources survey (archaeology,
paleonto.Logy) of proposed action.
(�)
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 first rough draft for review by said Agency on or
before February 2a 1CM together with_W_copy(s) thereof.
(4)
12. Provide a final draft with applicable public and/or private
comments to said ?\gency on or before March 9, 1973-
together with25 copy(s) thereof.
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13. Provide representatives who will appear with, and on behalf
of the Agency, as +ecessary, at meetings requirod relative to
`
i
the Environmental Report reviews and/or hearings.
I
PART. IT
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)
{W
1, o 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
action.
04
2.. All existing data pertinent to the completion of the final draft
of the environmental impact report.
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3. A formal Purchase Order 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.
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5 . Pay a fixed fRe to ENVIRONMENTAL IMPACT REPORTS, INC.
for their professional services in the sum of not more than
$ 3, 300. 00 for tasks outlined in PART I. Said fee
shall be paid tc EIRI as follows:
a, :�)Z5% of fee forthwith as a retainer
b. ( )_percent of fee when first rough draft of EIR is
submitted
c, (X)_50 0 of fee when final roug draft of EIR is submitted
d. ) 25% 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.
(XJ
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
pra -iticai in the sole discretion of Contractor.
PART II (cont' d)
') 7. To pay Contractor in the event that additional professional
services, are ro-quested 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)
B. Agency shall not unreasonably withhold approval of the final
f,
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, 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. When good cause for a delay in the work is shown by
Contractor, the Agency shall determine the seriousness
of the delay and extend the time of completion or work "
accordingly.
4. In the event ar. 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 if the costs in connection therewith
including but not by way of limitation, reasonable attorney's
fees, whether or, not the action proceed to judgement.
( 5 It is mutually understood and agreed to that Contractor does
not warrant, 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 an expertise
manner.
WHEREFCn; in witness of each other we set our hand hereto this
30th day of January 1973
ENVIRONMENTAL IMPACT REPORTS, INC., Contractor
by /-
Auth ized epresentative
AGENCY
by 7. APF 1)Vrn AS TO FORM:
Authorized representative DOIT P. BUFA
City Attorney
e
By.
Deputy City AttQrney