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HomeMy WebLinkAboutC-1909 - Consulting service, Orange County Airport Environmental Impact ReportConsulting services .!range County A C i" as per new contract 1909 adopte on 2/28/77 for 24,580.00 Funds will be provided in 1971:-77 budget 17,000.01 Cancel F0 06426 dated 3/1/76 nth :'417,475.00 available 17,475.05 as prior year encumberance fkein contract 1789 and include in this PO 27,475.05 Contract 1909 Resolution 9018 IMPORTANT : The Articles covered by this Purchase Order. or Contract must conform to applicable Cal —OSHA Standards, 'and /or other'. .02- 0516 --000 27,475.01 appropriate laws, regulations, rules, and codes of the Federal Government and the State of California.' Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase. This order subject to California sales tax. All allowable transportation charges must be prepaid and shown as a separate item on the invoice. Do not include Federal trans- portation tax. DEPARfMIENI' t"AP.Y = r ; CITY OF,NEWPORT BEACH O.W.MEANS PURCHASING AGENT gym., CITY OF NEWPORT BEACH CALIFORNIA f DATE March 4, 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1909 Description of Contract Consnitint Sasvices /OrCo Airport EIR Authorized by Resolution No. Effective date of Contract Contract with Vallay Am Address P.O. Bo: 98 Yorba Lin" Amount of Contract $24.550 City Hall 3300 W. Newport Blvd. Area Code 714 673 -2116 9018 , adopted on February 28, 1977 March 39 1977 ciates CA 92686 City Clerk lu e 3/4/77 MEMO TO THE FILE: City Attorney Office picked up copy for transmittal to Va11ey Associates this :date. ='t' Al 3 2�r ..;; lip 6 i A G R E E M E N T This Agreement, made and entered into on this o!W day of �) , 1977, by and between the CITY OF NEWPORT BEACH, hereinafter referred to as "City ", and VALLEY ASSOCIATES, hereinafter referred to as "Valley ". W I T N E S S E T H: WHEREAS, City has determined that it is desirable and necessary to develop further studies related to the environmental impact of the Orange County Airport on the City of Newport Beach and surrounding areas; and WHEREAS, Valley is qualified to undertake and complete such studies and has offered to perform such services for the City. NOW, THEREFORE, City and Valley, in consideration of the mutual covenants and agreements hereinafter contained, do hereby agree, each with the other, as follows: I. OBJECTIVE The objective of the study shall be related to the environmental impact of the Orange County Airport on the City of Newport Beach and surrounding areas, and will be divided into three phases, as follows: Phase 1 Review of both the Daniel, Mann, Johnson and Mendenhall EIR study proposal and their contract with the County of Orange to conduct the EIR study of the Orange County Airport. The purpose of this review is to assess what DMJM proposed to do compared with what work they were actually contracted to perform. The draft EIR will be examined to determine whether any deficiencies exist, and if so what further studies should _as�� _ be conducted in order to yield a more comprehensive EIR. Phase 2 Recommendations for improving the overall quality of the above described EIR for the purpose of assuring continuity in terms of content and examination of the inter- relationships that must be evident in such an interdisciplinary study. Determine compliance with existing regulations pertain- ing to EIR's. Phase 3 Prepare, in final document form, subject to review by the City Attorney and others he may designate, the in -depth critique of the Orange County Airport EIR which will be presented at the public hearing. Phase 4 Assist in the development of related data required by the City of Newport Beach and provide overall technical expertise relative to any other specific airport environmental problems as they relate to the City. II. PERFORMANCE This Agreement shall remain in full force and effect until December 31,_1977. Both City and Valley reserve the right to terminate this Agreement with or without cause and at any time for any reason upon giving ten (10) days prior written notice to the other party of such intention to terminate. City will be liable to pay Valley only for services and expenses incurred prior to the receipt of the notice of termination. Valley's efforts on this contract shall be deemed complete upon acceptance by the City of the final draft of Valley's critique of the EIR. Any further activity by Valley shall be handled by either an amendment to this contract or the issuance of a new contract. Valley and all persons retained by Valley will be available to -2- testify at public hearings and any subsequent litigation if necessary in accordance with additional contractual arrange- ments. III BILLING AND PAYMENT City agrees to compensate Valley a total of Twenty Four Thousand Five Hundred and Fifty Dollars ($24,550.00). This figure is to include compensation for any and all specialist sub - contractors hired by Valley to support Valley's analysis of the draft EIR. Valley will be responsible for initiating all sub - contracts and for monitoring and coordinating all activities of these subcontractors as they relate to the subject program as well as coordinating Valley's activities with all of those appropriate individuals working within the City government of the City of Newport Beach with a view toward producing a single comprehensive critique. City also agrees to provide Valley with a typist to whom everything in connection with the above described report can be sent. Invoices may be rendered in duplicate, weekly, covering services performed during the previous week, or may be rendered at the completion of this Agreement. Invoices shall be forwarded to the City's representative for payment. Each invoice shall show generally the nature of the work performed by Valley during the period covered by the invoice as well as any amounts paid to subcontractors. Authorized expenses are to be listed separately along with supporting receipts attached to said invoice. IV. TERMS AND CONDITIONS Valley shall not be regarded as an employee of the City, but status shall be that of an independent contractor rendering professional services. Valley agrees not to make public any disclosures of the results of the work Valley will be performing under this -3- contract, either during or following the term thereof, without the prior approval of the contents of such disclosures from City. V. GENERAL PROVISIONS The title of paragraphs herein are used for convenience only and shall not add to or detract from or other- wise govern the interpretation of the form or substance of any said paragraphs. This Agreement represents the complete understand- ing between the parties with respect to matters set forth herein. No amendment or modification of this Agreement shall be valid unless evidenced in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date hereinabove written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH By I� Mayor VALLEY ASSOCIATES By W W -4- go City Attorney CITY OF NEWPORT BEACH By I� Mayor VALLEY ASSOCIATES By W W -4- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND VALLEY ASSOCIATES FOR CONSULTING SERVICES IN CONNECTION WITH ORANGE COUNTY AIRPORT WHEREAS, there has been presented to the City Council of the City of Newport Beach an agreement between the City of Newport Beach and Valley Associates for consulting services in connection with Orange County Airport; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th ATTEST: City Clerk day of February , 1977. Mayor DDO /bc 2/22/77