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HomeMy WebLinkAboutResolution 1979 - 0188RESOLUTION NO.79-188-7 APPROVING AGREEMENT WITH LARRY SEEMAN ASSOCIATES, INC.,FOR CONSULTING SERVICES FORPREPARATION OF EIR RE ANNEXATION OF PETERS CANYON TO THE DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA, APPROVING AGREEMENT WITH LARRY SEEMAN ASSOCIATES, INC.FOR CONSULTING SERVICES IN CONNECTION WITH PREPARATION OF ENVIRONMENTAL IMPACT REPORT RE ANNEXATION OF PETERS CANYON TO TfIE DISTRICT *************** The Board of Directors of County Sanitation District No.7 of Orange County, Ca ii fornia, DOES HEREBY RESOLVER DETERMINE AND ORDER: Section 1 That the certain agreement dated December 12,1979 by and between County Sanitation District No.7 and Larry Seeman Associates,Inc.for consulting services in connection with preparation of an Environmental Impact Report re annexation of Peters Canyon to the District,is hereby approved and accepted,subject to written confirmation from The Irvine Company to reimburse the District for the cost of said work;and, Section 2 That payment for said services is hereby authorized in accordance with the provisions set forth in said agreement on a per diem fee basis for a total amount not to exceed $5,000 plus publication costs;and, Section 3 That the Chairman and Secretary of the District are hereby authorized and directed to execute said agreement,in form approved by the General Counsel, PASSED AND ADOPTED at a regular meeting held December 12,1979. STATh OF CALIFORNiA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County Sanitation District No.7 of Orange County,California,do hereby certify that the above and foregoing Resolution No.79-188-7 was regularly passed and adopted at a regular meeting of said Board on the 12th day of December , 19 79,by the following vote,to wit: AYES:Don Smith (Chairman),Ray Williams,Francis Glockner,Edison Miller,Bill Vardoulis,Ralph Welsh,Jr.and Harry YamaTnoto NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 of Orange County, California,this 12th day of December , 19 79 .ster,Secre :tors of County .strict No.7 County,.California -I O~. " .. . - ' ENGINEERING SERVICES AGREEMENT Ill 0/1/fJflt/AL THIS AGREEMENT, is made and entered into . 12th day of this December, 1979, by and between LARRY SEEMAN ASSOCIATES, INC. hereinafter referred to as "CONSULTANT" and the COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to as "DISTRICT". W I T N E S S E T H: WHEREAS, DISTRICT desires to prepare an Environmental Impact Report (EIR) for the annexation of Peters Canyon to the DISTRICT; and WHEREAS, in order to prepare an EIR, outside consulting engineering services are required to assist in the preparation of the EIR for the annexation of Peters Canyon to the DISTRICT; and WHEREAS, LARRY SEEMAN ASSOCIATES, INC. is an environmental consultant and is qualified to do the necessary studies in connection with said EIR and has agreed to provide the consulting services necessary for the preparation of an EIR. NOW, THEREFORE, in consideration of the promises and mutual benefits which will result to the parties hereto in carrying out this agreement, it is mutually agreed as follows: 1. CONSULTANT agrees to furnish necessary professional and technical services to prepare an environmental impact report in compliance with the California Environmental Quality Act, as amended, as follows: A. The EIR will be prepared for the annexation of Peters Canyon to the DISTRICT. CONSULTANT will be responsible for addressing the secondary impacts such as landforms and geology, ~ water resources, biology, cultural and scientific resources, land use, traffic, noise, air quality, public service and the alternatives. B. CONSULTANT shall submit the draft of the applicable sections of the EIR within ninety days after receiving authoriza- tion to begin work. C. CONSULTANT shall attend one public hearing or community workshop as needed. 2. Subject to the provisions of this agreement, CONSULTANT agrees to perform the aforementioned services and DISTRICT agrees to pay CONSULTANT for the performance of these services, the total sum of Five Thousand Dollars ($5,000.00). DISTRICT agrees to pay CONSULTANT on a monthly basis for the work completed, as approved by the DISTRICTS'S Chief Engineer. 3. The legal relationship between parties hereto is that of independent contractors and nothing herein shall be deemed to make CONSULTANT an employee of the DISTRICT. 4. This Agreement may be terminated by mutual agreement or it may be terminated by either party upon giving thirty days written notice of said party's intention to terminate the agreement. Notice of termination shall be mailed to the DISTRICT at P. O. Box 8127, Fountain Valley, CA 92708; and to the CONSULTANT at 500 Newport Center Drive:; Newport Beach, California, 92660. 5. In the event of a change in the scope of the proposed project, requested by DISTRICT, the parties hereto shall execute an addendum to this agreement setting forth with particularity all terms of the new agreement, including but not limited to, any additional CONSULTANT'S fees. 6. All documents for this project shall become the property of DISTRICT. Upon the termination or completion of the work, 2. - • CONSULTANT agrees to furnish to DISTRICT copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this agreement, which the DISTRICT requests. 7. CONSULTANT certifies by the execution of the Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principal of equal opportunity in employment. 8. Both CONSULTANT and DISTRICT do covenant that each individual e x ecuting this document by and on behalf of each party is a person duly authorized to e x ecute contracts for that party. ~OVED AS TO FORM' Thomas L. Woodruff General Counsel APPROVED AS TO FORM ~o[A~. THOMAS L WOODRUFF GENERAL COUNSEL COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA I / LAB.RY ASSOCIATES, INC. By ~lLe RF~ 3.