HomeMy WebLinkAboutEIP ASSOCIATES - 1999-04-01• G✓� 3-.)—
HUNTING ION HEAM
INTERDEPARTMENTAL
COMMUNICATION
TO: David Biggs, Economic Development Director
FROM: Connie Brockway, City Clerk
DATE: July 26, 1999
SUBJECT: Professional Services Contract With EIP Associates
RECEIVED
J U ! 2 7 1999
DEPARTMENT Or
ECONOMIC DEVELOPMENT
Please refer to the attached contract and various past communications to your department
in an effort to officially file your contract.
We did receive the insurance but have not received the original agreement back from
your department with the Mayors signature line removed and the EDD signature in its
place.
The Clerk's Office is unable to file this copy of the contract. If you wish to submit a
copy as the original the signature line will have to be revised and signed by the
Department Head.
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CITY OF HUNTINGTON BEA CH
• INTERDEPARTMENTAL COMMUNICATION
TO: David C. Biggs, Director of Economic Development .
FROM: Connie Brockway, City Clerk 0
DATE: April 5, 1999
SUBJECT: Professional Services Contract with EIP Associates
Please let me know if you are still working on obtaining the insurance for your page 1
of the agreement.
On August 17, 1998 the original of this agreement was returned to your office to complete and
return for filing in the Clerk's'Office.
Please see the attached memo regarding the chronology of efforts that have been made to officially
file your agreement.
Please call me at extension 5404 as soon as possible regarding the time the agreement will e
ready. Thank you.
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Attachments k0
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G: Cbmemo199-711e. doc
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HUNTINGTON BEACH
Fmm the desk of -
City of Huntington Beach
P. O. Box 190 - 2000 Main Street
Huntington Beach, California 92648
Janelle Case
Deputy City Clerk
Telephone: (714) 536-5260
Fax: (714) 374-1557
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RECEIVED
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MEMOR-ANNDUM
To: ',NEke Foley - City of Huntington Beach
From: Jim Kerr
Date: August 18, 1998
Subject: Contract for NTEPA document
Enclosed is the executed copy of the contract. Thanks for you help on getting this
through.
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PROFESSIONAL SERVICES CONTRACT BETNVEEN
THE CITY OF HUNTINGTON BEACH AND
EIP ASSOCIATES
FOR PREPARATION OF NEPA DOCUMENTS
. Table of Contents
1
Work Statement........................................................................................................1
2
City Staff Assistance..................................................................................................2
3
Time of Performance................................................................................................2
4
Compensation...........................................................................................................2
5
Priorities....................................................................................................................2
6
Extra Work................................................................................................................2
7
Method of Payment...................................................................................................3
8
Disposition of Plans, Estimates and Other Documents............................................4
9
Hold Harmless..........................................................................................................5
10
Workers' Compensation............................................................................................5
11
General Liability Insurance.......................................................................................6
12
Professional Liability Insurance................................................................................6
13
Certificates of Insurance..........................................................................................7
14
Independent Contractor............................................................................................8
15
Termination of Agreement.......................................................................................8
16
Assignment and Subcontracting.............................................................................9
17
Copyrights/Patents...................................................................................................9
18
City Employees and Officials.................................................................................9
19
Notices.....................................................................................................................9
20
Immigration..............................................................................................................10
21
Legal Services Subcontracting Prohibited...............................................................10
22
Attorney Fees...........................................................................................................10
23
Entirety.....................................................................................................................II
PROFESSIONAL SERVICES CONTRACT BETWEEN _
THE CITY OF HUNTINGTON BEACH AND +
EIP ASSOCIATES
FOR PREPARATION OF NEPA DOCUMENTS
t'
THIS AGREEMENT, made and entered into this Z day of
• q
199�; by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and EIP
Associates, California corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for preparation of NEPA
documents required for Section 108 loan application in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied
with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the Request for
Proposal, and CONSULTANT's proposal dated March 3, 1998 (hereinafter referred to as Exhibit
"A"), which is attached hereto and incorporated into this Agreement by this reference. Said
services shall sometimes hereinafter be referred to as "PROJECT."
CONSULTANT hereby designates Terri Vitar who shall represent it and be its sole
contact and agent in all consultations with CITY during the performance of this Agreement.
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CO\ SULTANT in the
performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONSULTANT
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed no later than two (2) months from the date of this
Agreement. These times may be extended with the written permission of the CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of
Services on the Work Program/Project Schedule. This schedule may be amended to benefit the
PROTECT if mutually agreed by the CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Fifteen Thousand Five Hundred Dollars ($15,500.00).
5. PRIORITIES
In the event there are any conflicts or inconsistency between this Agreement, the
CITY's RFP, or the CONSULTANT's proposal, the following order of precedence shall govern:
1) Agreement, 2) the CONSULTANT's proposal, and 3) the CITY's RFP.
6. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
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work after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
7 METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments toward the fixed
fee set forth herein in accordance ,N ith the progress and payment schedules set forth in
Exhibit "A".
B. Delivery of work product: A copy of every technical memo and report
prepared by CONSULTANT shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion. Any such product which has not
been formally accepted or rejected by CITY shall be deemed accepted.
C. The CONSULTANT shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONSULTANT's firm that the work has been performed in accordance with the
provisions of this Agreement; and
5) For all payments include an estimate of the percentage of work
completed.
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Upon submission of any such invoice, if CITY is satisfied that
CONSULTANT is making satisfactory progress toward completion of tasks in accordance with
this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify
CONSULTANT inwriting; of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONSULTANT is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY
shall be invoiced separately to the CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such
time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate
and apart from the ongoing performance of the remainder of this Agreement.
8. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps and other
documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT
completion, whichever shall occur first. In the event this Agreement is terminated, said materials
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may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said
materials shall pass to the CITY upon payment of fees determined to be earned by
CONSULTANT to the point of termination or completion of the PROJECT, whichever is
applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder.
9. HOLD HA.RNMES S
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees and agents from and against any and all liability, loss, damage,
expenses, costs (including reimbursement of attorneys' costs and fees of litigation of every
nature) to the extent arising out of with CONSULTANT's negligent performance of its services
under this Agreement, or its failure to comply with any of its obligations contained in this
Agreement, except such loss or damage which was caused by the sole negligence or willful
misconduct of the CITY.
10. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONSULTANT acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars (S100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
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RLS 98-221
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CONSULTANT shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
11. GENERAL LIABILITY INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of S1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's
insurance shall be primary.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT'S
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RLS 98-22 E
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims made policy shall be acceptable if the policy further provides that:
The policy retroactive date coincides with or precedes the professional services
contractor's start of work (including subsequent policies purchased as rene-,als or
replacements).
2. CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following project completion, including the
requirement of adding all additional insureds.
If insurance is terminated for any reason, CONSULTANT agrees to purchase an
extended reporting provision of at least two (2) years to report claims arising from
work performed in connection with this Agreement.
4. The reporting of circumstances or incidents that might give rise to future claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy;
b. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be canceled by either party,
except after thirty days prior written notice; however, ten days prior written notice
in the event of cancellation for nonpayment of premium.
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CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by City.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of City by CONSULTANT under the Agreement. City
or its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. CONSULTANT shall pay, L-i a prompt and timely manner, the premiums
on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security-, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein.
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lb. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder
shall not be delegated by CONSULTANT to any other person or entity without the consent of
CITY.
17. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
18. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
19. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Economic Development as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
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TO CITY:
David Biggs
Director of Economic Development
City of Huntington Beach
2000 Main Street, P.O. Box 190
Huntington} Beach, CA 92648
Phone: (714) 536-5582
20. IMMIGRATION
TO CONSULTANT:
Terri Vitar
Regional Manager
EIP Associates
11400 Vest Olympic Blvd., Suite 200
Los Angeles, CA 90064
Phone: (562) 268-8132
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
22. ATTORNEY' S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
REST OF PAGE NOT USED
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23. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
EIP ASSOCIATES
AND
James Kerr,
ief Financial Officer
REVIEWED AND APPROVED.
Cit Administrator
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Economic Development Director
ATTEST:
City Clerk �:qq
APPROVED AS TO FORM:
cl Ci Attorney
INITIATED AND APPROVED: 1, . 4
Director of Economic Development
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EXHIBIT �
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EXHIBIT A
SCOPE OF WORK
NEPA Documents for the City of Huntington Beach's Pending Section 108 Loan
As requested during the January 15, 1998 meeting with the City of Huntington Beach Economic
Development Director, David Biggs, EIP Associates (EIP) has proposed the preparation of a NEPA
document to evaluate environmental impacts resulting from use of the Section 108 loan guarantee
funds For the Waterfront Resort Expansion Project. Following the meeting, EIP completed several
pre -proposal research efforts to ensure that our approach and our scope of work is specifically
applicable to this project. As part of this effort, EIP completed the Following activities: (1) a review
of the City's Redevelopment Plan; (2) a review of the Section 108 loan guarantee package; (3) a phone
inteniew with Karen Griego (HUD Representative) on February February 13, 1998; (4) a review of the
NEPA Implementing Guidelines for HUD projects; and (5) a review of general NEPA requirements.
In response to this research effort, we have recommended several Ivey tasks, which are divided into two
distinct options. The first option, which we strongly encourage, includes an assessment of those
activities that would be categorically excluded from NEPA review, The second option, which assumes
that the proposed project is not categorically excluded, includes preparation of an Environmental
Assessment (leading to a FONSI). Each of the tasks are individually budgeted, allowing the City to
understand the financial implications associated with each task.
For purposes of this proposal, it is assumed that one, or a combination, of the Following activities
would be proposed for use of the Section 108 loan guarantee monies:
• Acquiring, installing, developing, constructing, reconstructing, redesigning, replanning or reusing
streets, curbs, gutters, sidewalks, traffic control devices, utilities, Aood control facilities and other
public improvements and public Facilities;
• Rehabilitating, altering, remodeling, improving, modernizing, or reconstructing buildings, structures,
and improv ernents;
• Rehabilitating, preserving, developing or constructing affordable housing in compliance with State
Law;
• Providing the opportunity for owners and tenants presently located in the Project Area to
participate in redevelopment projects and programs, and extending preferences to occupants to
remain or relocate within the redeveloped Project Area;
• Providing relocation assistance to displaced residential and nonresidential occupants, if necessary;
• Facilitating the development or redevelopment of land for purposes and uses consistent with this
Plan;
• Acquiring real property by purchase, lease, gift, grant, request, devise, or any other lawful means
(including eminent domain on a limited basis, after the conduct of appropriate hearings);
• Combining parcels and properties where and when necessary;
• Preparing building sites and constructing necessary offsite improvements;
• . Providing for open space;
• Managing property owner or acquired by the Agency;
• Assisting in procuring financing for the construction of residential, commercial, and office buildings
to increase the residential and commercial base of the Project Area, and the number of temporary
and permanent jobs in the City;
• The disposition of property including, without limitation, the lease or sale of land at a value
determined by the Agency for reuse in accordance with this Plan;
• Establishing controls, restrictions, or covenants running with the land, so that property will
continue to be used in accordance with this Plan;
• Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and dedicating other
areas for public purposes consistent with the objectives of this Plan;
• Providing replacement housing, if any is required;
• Applying for and utilizing grants, loans, and any other assistance from federal or State governments,
or other sources;
• Taking actions the Agency determines are necessary and consistent with Federal, State, and local
laws to make structural repairs to buildings and structures, including historical buildings, to meet
building code standards related to seismic safety; and
• Taking actions the Agency determines are necessary and consistent with Federal, State, and local
laws to remedy or remove a release of hazardous_ substances on, under, or from property within
the Project Area or to remove hazardous waste from property.
It is important to note that this proposal does not assume preparation of an EIS. It is our
understanding that the City desires to limit NEPA environmental review to the maximum extent
practicable; in order to do so, the City may need to exercise flexibility in coosing the specific actions
for which the Section 108 loan guarantee monies will be applied. If necessary, however, EIP is fully
qualified to prepare an EIS and would be pleased to submit a subsequent proposal if such a document
is necessary.
TASK I. EVALUATE ACTIVITIES THAT WOULD BE CATEGORICALLY
EXCLUDED FROM NEPA REVIEW
Budget. $2,000
A "categorical exclusion" means a category of proposed actions which a Federal agency identified in
its NEPA procedures that do no individually or cumulatively have a significant effect on the
environment. Typically, excluded activities are small, routine undertakings with no potential significant
environmental effect. If a proposed action is described in an agency's list of categorical exclusions,
neither an Environmental Assessment (EA) nor an Environmental Impact Statement (EIS) is required.
According to Title 24 (Housing and Urban Development), Part 58 (Environmental Review Procedures
for Entities Assuming HUD Environmental Responsibility), Section 58.35 (Categorical Exclusions),
several activities would be considered categorically exempt from further NEPA review; these activities .
'are described in detail in the attached excerpt of the regulations. EIP will review each of these activities
with the City to determine whether, or not, any such activities would be appropriate for expenditure
9
of the Section 108 loan monies. The purpose of this task is to ensure that the City considers the
environmental review process in their selection of the activities which will be implemented by use of
the loan monies.
1. Preparation of one (1) memorandum identifying every applicable categorical exclusion allowed
under the HUD NEPA Implementing Guidelines, including a discussion of their applicability to
any potentially -proposed activity for expenditure of the Section 108 loan guarantee monies.
2. Attendance at one (1) meeting with the City of Huntington Beach Economic Development
Department to discuss the contents of the aforementioned memorandum.
3. Preparation of one (1) set of meeting notes recording the discussion of the aforementioned
meeting.
TASK 11. EVALUATE COMPLIANCE WITH ALL OTHER REQUIRED FEDERAL
STATUTES, REGULATIONS, AND POLICIES
Budget: $2,000
In accordance with the provisions of law cited in 24 CFR 58.1(b), the responsible entity must assume
responsibilities for environmental review, as well as compliance with a number of Federal laws and
authorities. The responsible entity must certify that it has complied with the requirements that would
apply to HUD under these laces and authorities and must consider the criteria, standards, policies, and
regulations of these laws and authorities, which are enumerated below:
► Historic Properties-. National Historic Preservation Act of 1966, as amended.
► Protection of Cultural Resourrer. Executive Order 11593, Protection and Enhancement of the Cultural
Environment
► Flaodplain Nfanagement and Wetlands Protection: Executive Order 11988, Floodplain Management and
Executive Order 11990, Protection of kyv'etlands
► Coastal Zone Management Coastal Zone Management Act of 1972
► Sole Sourre Aquifer. Safe Drinking Water Act of 1974
► Endangered Species: Endangered Species Act of 9173
► Wild and Scenic Rhea. Mild and Scenic Rivers Act of 1968
► AirQuality. Clean Air Act
► Clean Water. Clean Water Act
EntironmentaI justice: Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations.
The following requirements do not trigger the certification and release of funds procedure or preclude
exemption of an activity under Sections 58.34 (a)(11) and 58.6, and/or the applicability of Sectio 58.35
(b). However, the responsible entity remains responsible for addressing the following requirements:
I. Flood Disaster. Flood Disaster Protection Act of 1973, as amended
No, Coastal Barrier Resourrer. Coastal Barrier Resources Act, as amended by the Coastal Barrier
Improvement Act of 1990.
3 -
As part of the determination or those specific activities which will be implemented by the Section 108
loan monies, EIP will briefly evaluate and describe the implications for ensuring compliance with each
of the aforementioned Federal statutes and authorities for each of the project altematives. For the
selected project, and its alternatives evaluated in the EA, EIP will describe the measures necessary to
ensure compliance with each of these statutes. For purposes of this proposal, we have not provided
a budget for implementing compliance measures for any of these statutes (such as obtaining a Section
404 permit), since we do not have a specifically -identified proposed project. EIP can provide these
services, however, if deemed necessary at a later date.
1. Attendance atone (1) meeting with the City to discuss the implications of compliance with the each
of the required Federal statutes and authorities for each potential project alternative.
2. Preparation of one (1) brief memorandum outlining the implications of compliance with the each
of the required Federal statutes and authorities for each potential project alternative.
3. Inclusion of a section in the EA discussing the impL'cations of compliance with each of the required
Federal statutes and authorities for the proposed project, and its specifically -identified alternatives.
TASK III. PREPARE EN "RONMENTAL ASSESSMENT/MITIGATED FONSI
Budget: $10,000
If it is determined that no exclusions apply to the proposed actions, then an Environmental
Assessment (EA)- must be prepared to either indicate that an Environmental Impact Statement (EIS)
is required or to validate that the project does not have the potential to "significantly affect the quality
of the human environment". The EA is the primary tool used to make this determination.
In summary, an EA is a concise public document that a lead agency (or their authorized consultant)
prepares when a project is not covered by a categorica'. exclusion, and the lead agency does not know
whether the impacts will be significant. In practice, the EA is commonly used to document and justify
the use of a Finding of No Significant Impact (FONSD. When used for this purpose, the EA must
contain supporting documentation and references to convincingly demonstrate that there would be no
significant effects on the environment.
EIP will prepare an EA in strict compliance with HL'D's NEPA Implementing Guidelines, which are
published at Title 24 of the Code of Federal Regulations in Section 58. The EA will briefly discuss the
following
• Describe the existing conditions and the character, features, and resources of the project area and
its surroundings, including an identification of the trends that are likely to continue in the absence
of the project;
• Identify analyze, and evaluate all impacts to determine the significance of their effects on the
human environment and whether the project will require further compliance under related laws and
authorities;
Examine and recommend feasible ways in which the project or external factors relating to the
project could be modified in order to eliminate or minimize adverse environmental impacts;
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•
•
Complete all environmental review requirements necessary for the project's compliance with
applicable authorities; and
• Provide a list of agencies and persons consulted.
As suggested by the Council on Environmental Quality, EIP will attempt to keep the length of the E:�
to approximately 10 to 15 pages; however, in practice, EA's generally exceed 13 pages, particularly when
a Mitigated EA is appropriate (a Mitigated EA is analogous to a Mitigated Negative Declaration).
Nonetheless, in order to avoid unnecessary length, the EA will incorporate background data by
reference to the maximum extent practicable.
This proposal assumes that a Mitigated FONSI will be prepared. Such a document is prepared when
an EA indicates that the environmental effects of a proposal are potentially significant but that, with
mitigation, those effects will be reduced to less -than -significant levels.
1. Preparation of five (5) copies of an Administrative Draft EA/Mitigated FONSI for City staff
review and comment.
2. Preparation of twenty-five (25) copies of the Final Draft EA/Mitigated FONSI.
TASK V. PREPARE AND PUBLISH FONSI NOTICE AND NOTICE OF INTENT
TO REQUEST RELEASE OF FUNDS/REQUEST FOR RELEASE OF
FUNDS AND CERTIFICATION
Budget. $1000
EIP will prepare a FONSI notice in compliance with HUD's content and public notice requirements,
which are published at 24 CFR 58.45, and make it available for public review and comment. At a
minimum, the City must send the FONSI notice to individuals and groups known to be interested in
the activities, to the local news media, to the appropriate tribal, local, State and Federal agencies, and
to the Regional Offices of the Environmental Protection Agency having jurisdiction over the HUD
Field Office. The City may also publish the FONSI notice in a newspaper of general circulation in the
affected community. If the notice is not published, it must also be prominently displayed in public
buildings, such as the local Post Office and within the project area or in accordance with procedures
established as part of the citizen participation process. Similarly, EIP will prepare a Notice of Intent
to Request Release of Funds (NOD/Request of Release of Funds and Certification (RROF) in
compliance with HUD's content and public notice requirements, which are published at 24 CFR 58.70,
and make it available for public review and comment.
It is assumed that the City will disseminate the FONSI notice at the same times it disseminates the
Notice of Intent to Request Release of Funds (NOD and Request of Release of Funds and Certification
(RROF). This combined notice will clearly indicate that it is intended to meet two separate procedural
requirements and advise the public to specify in their comments which "notice" their comments
address. The City will consider the comments received and make modifications, as appropriate, in
response to these Comments, before it completes its environmental certification and before the
recipient submits the RROF.
The public comment period for the FONSI is 15 days from the date of publication, or if it was not
published,18 days from the date of mailing and posting. For the NOI, the public comment period is
7 days from the date of publication, or, if it was not published, 10 days from the date of mailing and
posting. The City must make the FONSI available for 30 days before filing the RROF only in special
circumstances, such as (1) when the proposal is a borderline case, i.e., if there is a reasonable argument
for preparation of an EIS; (2) if it is an unusual case, a new bind of action, or a precedent setting case
such as a first intrusion of even a minor development into a pristine area; (3) when there is either
scientific or public controversy over the proposal; or (4) when it involves a proposal which is or is
ciosely similar to one which normally requires preparation of an EIS. Therefore, EIP, will determine
whether an extended public review is necessary, in close coordination with the City and the HUD
representative.
1. Preparation of one (1) draft FONSI notice and NOI/RROF.
2. Preparation of one (1) final FONSI Notice and NOI/RROF for publication and/or posting in the
appropriate locations. It is assumed that any required filing fees will be the responsibility of the
City.
Z
0 - 0
CITY OF HUNTINGTON BEACH
Lim
L'a" INTER -DEPARTMENT COMMUNICATION
HUNTINGTOY BEACH
TO:
FROINI: GAM HUTTON, City Attorney
DATE: Y /-f
461
SUBJECT: Contract Signature
RLS No.
I have initiated the above -referenced contract to show conditional approval as to form, pending execution with
the signatures binding the contractor.
I. If the contractor is a corporation (or a limited liability company (Cal. Corp. Code § 17154) (includes
any nonprofit corporation), two (2) officers of the corporation (on the Board of Directors) must sign the
contract. (Corp. Code § 3 i 3.) One officer from column A and one officer from column B must sign.
A.
Chairman of the Board
President
Any Vice President
B.
Secretary
Any Assistant Secretary
Chief Financial Officer
Any Assistant Treasurer
If the corporation cannot provide the above signatures, it may have one officer sign only if an
authorizing resolution from the Board of Directors is also provided.
2. If the contractor is a general partnersbio the signature of any general partner is sufficient to bind the
corporation, unless the City knows that a particular partner has no authority to act for the partnership.
(Corp. Code § 15009 and § 15010.)
3. If the contractor is a Iimited partnership. the signature of the general or managing partner is sufficient
to the -partnership. (Corp. Code § 15509.)
.bi„ol
4. if the contractor is a sole proprietorship, the signature of the owner is sufficient to bind the business.
5. If the contractor is a trust, the trustee may sign and a copy of the trust document evidencing authority to
sell must be attached.
Please be sure to have the appropriate name and title typed on the contract in the designated area of the
signature page before returning the document to the City Attorney for signature.
GAiL HUTTON
City Attorney
41s:4-9 $Memos:conts1gs