HomeMy WebLinkAboutVENEKLASEN ASSOCIATES - 2000-08-16 PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTOI\ BEACH AND VEN'EKLASEN
ASSOCIATES FOR THE PREPARATION OF A NOISE EVALUATION .
REPORT FOR THE WAL-MART STORE SITE
THIS Agreement is made and entered into this 16th day of August 2000,
by and between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and VENEKLASEN ASSOCIATES, a California corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant for the preparation of a
Noise Evaluation of the Wal-Mart store; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in CONSULTANT's
Proposal dated July 6, 2000 and partially revised July 20, 2000 (hereinafter referred to as Exhibit
"A"), which are attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Mr. Bob Robey, who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of 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 twelve (12) months from the date of this Agreement.
These times may be extended with the written permission of 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 PROJECT if mutually
agreed by 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 Nine Thousand Nine Hundred Ninety Dollars ($9,990.00)
which is identified in Attachment "A" of Exhibit"A".
5. PRIORITIES
In the event there are any conflicts or inconsistencies 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
work only 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 with the progress and payment schedules set forth in Exhibit "A."
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B. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to 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. CONSULTANT shall submit to 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 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.
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 CITY does
not approve an invoice, CITY shall notify CONSULTANT in writing 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.
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D. Any billings for extra work or additional services authorized by CITY shall
be invoiced separately to 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, memoranda, letters 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 may be used by CITY in the completion of the PROJECT or as it otherwise sees fit. Title
to said materials shall pass to 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 HARMLESS
CONSULTANT shall protect, defend, indemnify and save hold harmless CITY, its
officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out
of or in connection with CONSULTANT's performance of this Agreement or its failure to comply
with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
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misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees
incurred by CITY in enforcing this obligation.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Corte 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; and shall indemnify,
defend and hold harmless CITY from and against all claims, demands, payments, suit, actions,
proceedings, and judgments of every nature and description, including attorney's fees and costs
presented, brought or recovered against the CITY, for or on account of any liability under any of
said acts which may be incurred by reason of any work to be performed by CONSULTANT under
this Agreement.
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 ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
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. The policy shall
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indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of
their duties, against any and all claims 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 prod uctslcompleted operations liability and blanket contractual liability,
of 51,000,000 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 for this PROJECT.
The policy shall name CITY, its agents, its officers, employees and volunteers 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.
Under no circumstances shall the above-mentioned insurance contain a self-insured
retention, or a"deductible" or any other similar form of limitation on the required coverage.
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
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:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. 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.
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C. 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.
D. The reporting of circumstances or incidents that might give rise to future
claims.
Under no circumstances shall the above-mentioned insurance contain a self-insured
retention, or a "deductible"or any other similar form of limitation on the required coverage in
excess of 525,000 per the approval of the Settlement Committee on August 1, 2000.
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; the certificates shall:
A. 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 suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty(30) days'
prior written notice; however, ten (10) days' prior written notice in the event
of cancellation for nonpayment of premium.
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
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policies of insurance. CONSULTANT shall pay, in 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 herein and not as an employee of the CITY.
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 OFAGREEMENT
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. In the
event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of the CITY, become its property and shall be delivered to it by CONSULTANT.
16. ASSIGNMENT AND SUBCONTRACTJN`G
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 express written
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.
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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. tiOTICES
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 Planning 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:
TO CITY: TO CONSULTANT:
Director of Planning Mr. Bob Robey, Managing Principal
City of Huntington Beach Veneklasen Associates
2000 Main Street 1711 Sixteenth Street
Huntington Beach, CA 92648 Santa Monica CA 90404
20. MODIFICATIO>\
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
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21. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this Agreement
22. SECTION HEADINGS.
The titles, captions, section, paragraph, subject headings and descriptive phrases at
the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of maters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
23. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and-not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid or affect the remaining covenants and provisions of this
Agreement. No covenant or provision shall be deemed dependent upon any other unless so
expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or
plural number shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act contrary to
law, and wherever there is any conflict between any provision contained herein and any present or
future statute, law, ordinance or regulation contrary to which the parties have no right to contract,
then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the law.
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24. DUPLICATE ORIGNAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each of the parties hereto shall retain an
originally signed copy hereof. Each duplicate original shall be deemed an original instrument as
against any party who has signed it.
25. IMMIGRATION
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.
26. 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.
27. 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.
28. ENTIRETY
The Agreement contains the entire agreement between the parties respecting the
subject matter of this Agreement and supersedes all prior understanding and agreements whether
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oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parries.
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.
VENELKASEN ASSOCIATES, a California CITY OF HUNTINGTON BEACH, a
)'orpor,alio'n, municipal corporation of the State of California
pr aAcN_T ity Administrator
rint namene)Chairma Presi a we President
AND APPROVED AS TO FORM:
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ITS: (circle onej Secrets � ncial Office Asst
Secretary—Treasurer Il\ITI TED, REVIEWED AND APPROVED:
Director of Planning
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND VENEKLASEN
ASSOCIATES FOR THE PREPARATION OF A NOISE EVALUATION
REPORT FOR THE WAL-MART STORE SITE
Table of Contents
1 Scope of Services.....................................................................................................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 Insurance..........................................................................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 Modification.............................................................................................................10
21 Captions ...................................................................................................................10
22 Section Headings .....................................................................................................10
23 Interpretation of this Agreement..............................................................................10
24 Duplicate Original....................................................................................................11
25 Immigration..............................................................................................................11
26 Legal Services Subcontracting Prohibited...............................................................11
27 Attorney's Fees.........................................................................................................12
28 Entirety......................................................................................................................12
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Exhibit: A
1.0
CITY OF HUNTINGTON BEACH
Wal-Mart Noise Evaluation Project
TEAM ORGANIZATION
The Veneklasen Associates Wal-Mart Noise Evaluation Project Team will consist of four team members,
reporting to the City staff representative. The team members and reporting staff are shown in the organization
chart below.
City of
Huntington Beach
Planning Department
Bob Robey,
Managing Principal
and
Project Manager
V. A. Administrative
Supporting Staff
Hooshang Khosrovani,
Senior Associate
and
Assistant Project Manager
Michael McNeary
Associate IV
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• Exhibit A
2.0
CITY OF HUNTINGTON REACH
Wal-Mart Noise Evaluation Project
SCOPE OF WORK
A new Wal-Mart store has been proposed to be constructed and conduct business within the City of
Huntington beach, adjacent to an existing residential neighborhood on the east and south property lines. In an
effort to mitigate potential negative impacts that may affect the mutual co-existence, a noise evaluation study
is being conducted to see if the recommended level of mitigation is sufficient to maintain compliance with the
City's noise ordinance. To complete this evaluation of potential noise impact and the reduction of noise
source levels to acceptable limits,the following Scope of Work is proposed as follows:
l. Meet with the City Planning Department to discuss the availability of specific noise data, project
plans and drawings and other applicable information that will affect the design review and noise
evaluation. During this meeting all applicable data and information will be requested.
2. Upon the delivery of the project information and drawings, a complete review will take place for
specific design details and noise source placement for both mobile and stationary noise sources.
This information will include, but may not be limited to the following:
• Information as to operating activities and schedules for pallet storage&trash compactor
• HVAC roof mounted equipment information.
• Site plans and layout drawings.
• Electrical transformer locations and KVA ratings.
• Plan and elevation details of proposed building including equipment locations & arrangements
• Design details of the property line fence and loading dock area.
3. Request all available ambient noise data that was collected at the project site during the EIR
preparation. This existing data will be referenced and utilized for noise impact analysis of this
project. Review data and format for analysis and reporting.
The measurement of current ambient noise conditions is excluded from this project scope of work. If
additional data is required an additional service will be discussed with the City as to requirements and
added cost.
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Exhibit A
4. Evaluate project data provided from the developer on delivery trunk type and mix, delivery routes on
the property, design and construction details of the loading dock enclosure and mechanical/electrical
equipment specifications (roof mounted HVAC units and electrical transformers).
5. Set-up an acoustic model to include all major noise sources, noise barriers and building surfaces that
may affect the noise source impact to the adjacent residential areas. The model of noise sources will
include: Loading dock operations, trash compactor operations, pallet storage operations, roof top
HVAC equipment,electrical transformer noise and delivery truck traffic flow.
6. Evaluate the potential noise impact of each identified source. This will include calculations of overall
noise levels from each specific source to the nearest receiver location. As part of this evaluation,
reflected noise from large acoustically hard surfaces, (i.e. exterior building walls or wall surfaces of
interior walls of the loading dock area)will be accounted for in the overall impact analysis.
7. Based upon the results of the noise source impact analysis the existing mitigation recommendations
will be accessed for performance. If additional mitigation is required or if existing recommendations
could be enhanced, additional recommendations will be made.
The goal of any noise mitigation recommendation is to provide minimal impact to the adjacent
residential property and meet the intent of the City's noise ordinance standards,with minimal
oversight from the City Staff during normal day to day operations.
8. Meet with the City Staff to discuss the progress and preliminary results of the project noise analysis.
Present and discuss a draft report to include any comments and/or revisions into a final document.
9. Produce a final report presenting the analysis results and conclusions of the proposed mitigation. If
additional mitigation or refinements to the existing proposed mitigation are required,
recommendations will be included to reduce the project's noise source impact to acceptable levels.
10. Meet with the City Staff and provide technical support in a meeting with the developer to discuss any
mitigation recommendations that need to be considered for the project.
Excluded from this proposed Scope of Work are the following items:
l. Conducting a noise survey at the site and any activities that would be required to provide additional
noise data for the project analysis.
2. Any meetings or vendor discussion that may be required to obtain equipment specifications or noise
data for developer supplied equipment or materials.
3. Any evaluation of construction equipment, activities or methods for noise impact related to this
project.
4. Any additional meetings or hearings beyond those identified in support of the project analysis.
Any of the above referenced exciusions may be added as an extra service on a fixed fee or Time and Material
basis upon the request of the City representative.
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•Exhibit A
3.0
CITY OF HUNTINGTON BEACH
Wal-Mart Noise Evaluation Project
DESCRIPTIONS OF SIMILAR PROJECTS
Veneklasen Associates have completed a number of projects which are similar to this Wal-Mart Noise
Evaluation project. Three of the most recent projects are listed below:
1. Client: Universal Studios Hollvwood
Project: Evaluate activities within the amusement park and studio lot for community
impact and recommend mitigation to meet specific compliance level criteria.
Client Contact: Mr. Darnell Tyler (818)777-6693
Contract Value: $100,000.00
Schedule: Ongoing, Contract renewal 06101
2. Client: Southern California Edison Company
Project: Conduct noise analysis and recommend required mitigation of new or
expanding electrical substations. All projects are driven by compliance to
local noise ordinance standards
Client Contact: Mr. Richard Haas (626) 302-8195
Contract Value: $250,000.00
Schedule: Ongoing—Contract renewal: 09/00
3. Client: Whittier Hospital
Project: Conduct community noise impact evaluation, recommended mitigation,
implemented planning with the City and contractors and will conduct final
acceptance noise testing.
Client Contact: Mr. Ron Chaix(new project manager)
Contract Value: $25,000.00
Schedule: To complete Fall, 2000
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Exhibit A
4.0
CITY OF HUNTINGTON BEACH
Wal-Mart Noise Evaluation Project
RESUMES OF KEY VENEKLASEN ASSOCIATES STAFF
l. Bob Robey—Project Manager
B.S. Electrical Engineering. Member Acoustical Society of America and Institute of Noise Control
Engineering. Mr. Robey has been with the firm for 3 1/2 years after completing a 29-year career at
Southern California Edison Co. as an in-house noise-consulting engineer. His work included
environmental noise studies for power plants,electrical substations and other SCE facilities.
Additionally his work includes noise impact analysis and mitigation of major entertainment and
amusement venues.
2. Hooshang Khosrovani—Assistant Project Manager
B.S., M.S.,Ph.D., P.E. Mechanical Engineering(Acoustics). P.E. license in both Arizona and
California. 32 years experience specializing in environmental and industrial noise, 12 with Veneklasen
Associates, in various aspects of the design of industrial installations and power plants. Design of
equipment, performance of community noise and vibration surveys, noise emission predictions(from
plants, roadways, airport, railroad etc.),and specification development is among his areas of expertise.
VA representative on the Orange County Certified Acoustic Consultant List. During his professional
career he has worked for American Standard Company, C.F. Braun and Company and Southern
California Edison Company. He also has had teaching and research experience at the university level
including Purdue University and California State University Los Angeles.
3. Michael McNeary
B.S. Physics. 3 years experience in acoustics, 1'/2 years with Veneklasen Associates. Conducts field
noise and vibration measurements,noise source analysis and computer modeling programming.
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• _ � Exhibit A
5.0
CITY OF HUNTINGTON BEACH
Wal-Mart Noise Evaluation Project
PROJECT SCHEDULE
To complete the Scope of Work, as outlined within this proposal, it is anticipated that a duration of b weeks
will be required. This includes and assumes that the City staff can transmit the information request to the
developer and the developer can respond within one week.
The schedule duration is elapsed time which would start upOn a notice to proceed from the City. If any
activity beyond the control of Veneklasen Associates, i.e. a delayed response to a data request is
encountered, the delay would need to be added to the elapsed time duration of the proposed schedule.
7
r CITY OF HL:ti'TINGTON BEACH
APPLICATION FOR INSURANCE REQUIRENMIN7S WAIVER OR MODIFICATION
I. Namell'itlelDepartment of Requesting Staff Member
2. Date of Request
3. Name of Contractor/Perminee 4
q. Description of work to ppbe performed
ate-'
5. Length of Contract / 4
6. Type of Insuranc aive or Modification R uestcd: lc•G�*r�-
(a ts: (b) Coverage �'�:�'o• �`+'
7. Reasca for Request for Waiver or Reduction of Limits
IV
8. Identi:N-the risks to the City if this request for wavver or modifications granted gnu B�v�Yr,�.r�.�L
Deparment Head Signature 2
• 1
(Thu section to be completed br the Risk Vanager)
Recommendation:
Approve Deny Risk Manager's SignararmDate I I I
(This section to be completed b3.the CiovAttorne)J
Recommendation:
Approve Deny City Attorney's SignarurelDate
Settlement Comanittee approv [is] s not] require:for L,js waiver. If Settlement Committee ap al is required,
submit form to City Attorney's ice to be placed on the agenda. Recommendation: Approvey/Deny
City Council approval [i• no equired for this-waiver. If City Council approval is required, attach this form t
RCA after consideration by a Settlement Commieee. This insurance waiver [is] [is not] on City Council agenda.
jmpWresoWon/tnsregr9j11197
7
JUL-20-De 08,24 FROM-VA-WEAL I0: 13103983424 PAC3 :2/4
ACO- aaTC(MMIlnor*r�
BLL CERTIFIC OF LIABILITY UR MCE 07/17/200
maouQQA THIS CERI FICATE IS AS A MATT OF U94DRMATtION
neaiey, Renton & Associates ONLY AND Cam$ RI MATTER OF
UPON THE CERTOFICALTE
NOLDER. THIS IXRTMCATE DOE% NOT AM MIST, EMMM D CM
P. 0. Box 10550 ALTER W9 COVMGE AMMIDED 1W THE POL10M BELOW.
Santa Ana, CA 92711-0550 714 427-6810 iMLSURMDiS AFFORDINGAFFORDINGCOVERAGE
Lltso 1YED —:INGU MA st. Paul Fire & Marina
Veneklasen & Associates ,NSURGReAmer can 0uarantea & Li
1711 Sixteenth Street JUL 19 M Imumpe:Design Profess ona r_aurance Co.
Santa Monica, CA 90404 ,INMn"M0.
kNMAM AMiATES lNCt1pBA>s:
02VOLAM
TEE POLE MOO s M&CE Lt� BELOW waft: MEN SSLUD To THE Bib NAM AD WR RMnMPOLIMPOODEit7CATEQ. NOTWITIOMHOM
AW FSMXQWW. TEAM OR OONWM4 OF ANY OO! RAa OR OrAW DOCUMENT WRH REMPE07 TO MINIM TM CMFOATE LWY BE ti JED OR
M1kAY�iAE 1,T1 E il3ti k I3Y 1'M�POLICIEMI R HEPSN IS SUSZM TO ALL rrff TERMA6.LCCCUUSi M ANO COMffK=OF SUCH
A�4ATE LIyQrC rfLOLMN M,IA,Y FIA11sr 1�E1V F�])I.70ED 8Y P'Wp CLAL6.
TYM001A JRANCE POLIOTNUMBER IMMCI'B
7A1K
a81aRALL"1LrTY RPOS641056 i 01/01/00 C1/01/01 �t;ACMocCyRRBNCB airAL00CNALLOA .'Y j RREDAMAGE
OL.A11 9MADEa OCCUR1 I � NALSADVINJURr t Q 000
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A AUTUM102ILL91LIABIUTY ;CA06606565 f81 O1 00 Q1 01 O11aoMInlNeaN�slLeLou:r
�AN,,AUITD (ea�etlarnt} 2110001000
ALI.*WkB 0 AVT09 300:0*QUAY
•x $DH[DLigo AUTOS �`t fir..
X MMOAM4`• k� Ton L A:c
EoDLLY INJURY
x NON.OWNG0AU'r05 ` . _ (PaaccUnq 6
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A MDGCR88L:"ILITI RP06641056^ . 011,01/00 01/C7./0�. 'PACHOMURi�NCS 0
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go
OOCL;R I�CLAIMS MAD
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ArrENTION i
B WDFWMW CONVnZATIONANo WC20429000.1 o9, of 99 I 09 01/00 K n STA _ ;D
Uft0ft" I F,;..EAOMAOa1D NT 1 000 000
I cicir, A PID t7 000 000
i I!.'-0S0A2E.P0LI0YLIu s1 000 000
C ►Prcfessiona AEEo300716 ;02 28/00102/28 0? fi1, 000, 00fl per claim
(ability ! 1 $1, 000, 000 annl aggr
AE8�71iIPT10NOFOP�iATlOipfIApATI0M81V8?IICL�{B/BIaCLIRSIONaADDEb6rENDOR6NMIENT► OVOLALPl4MWON9
**For Professional Liability coverage, the aggregate limit is the total
insurance available for all covered claims presented within the policy
period. The iitrit will be reduced by payments !or inde=,ity & expenses.
*Except 1-0 days notice of cancellation for r_on.-payment of premium.
(See Attached DeBCriptions)
LRL-1t �
9-Ia 0AhfCV"AWE7I MRREDPOiDc296ONILELMB59MT}* 1TICN
CITY OF WYNITINGTOh BFACH DATM-IREOF.TMWIIISM O11YS1Yp(TI*�E
DEPT. OF PLANYING NM=10T1-9affff ATEKQ.0ERWM0 T07M LVT
2000 MAIN STREET
.iLntington Beach, CA 92648
ALRMORWD A
. ACOM 26-s RAM1 of 2 OM1852 0 TI_C m Acown COFIPORAnoN i9u
JUL-20-00 09 -24 FROMtVA-WEAL [D, 33303883424 PAGE 3/4
DE 1PTIONS {Continued from Pa 1)
RR: WAL-MART NOISE Ev, M ON.
Ct:Y OF HUNwrIN3T0N BEACH, ITS A.(; TS, OFFICERS, AND EMPLOYEES ARE
ADDITIONAL INS';] W WITH RESPECT TO GWE'RRL LIABILITY COVERAGE.
PROFESSIONAL LIABILITY COVERA'fi - DEDUCTIBLE: $25,000 .
•
I
e 82#AP?XM 2 c! 2 ON18520
' JUL-20-00 05 -26 FRAM:VA-WEAL TD. 131039e3424 - - PAGE 4/4
In consideration of an ad&tionl p =h=ofN/A,it is hereby uadm vtood and agreed that
the following applies:
-s
I x I afi,Z QNAI.MMD
CITY'OF 9.UNTINGTON REAcig,ITS AGENTS,OFFICERS AND EMPLOYEES.
Ware Additional IzYswals as respects to work done by Named Insured.
. .. .(..�.PRIMARY CQ���E_ � . .. - - • - - - •._ _ _ .
With respect to claims arising out of the operation of the Named Insured,such i=uauco as
afforded by this Policy is primary and is not additional to or contributor g with at�y other iust=ce caned by or for
tae Benefit of the above A ditional Ynsutedls.
It is undwatood and agreed that the Company waives the right of subrogation against the above Additional
b u &s for proj cat descnbed in certificate attached hereto.
I I CRASS L IAM=—('-[ LASE
The naming of more d=one person, fum or corporation as insureds under this policy shall not, for that reason
alone, a inguish any rights'of one insured against mother, but this endorsement, aad the cam boa of anAtiple
insureds,dW1 not memo the total liability of the Compagv m;der this policy.
• 1
X O
�
It is tmderstood and aped that is a e event of canceMon of the Policy for any reason other them non-payment of
prcmi=36 30 days writtea notice will be sent to tbg following by mail
COPY OF HUN`YINGTON REACH
2000 MAIN STREET
HLTN' MGTON BEACH„CA 92648
In the event the policy is canceled for non paymcut of premi.ma, 10 days written notice will be sent to tho
above.
PoUcyNo.: RP06641056 Effective Date:07-17-00
Inwance Company: ST.PAUL FM&MARINE
Issued to: ASEN 4SSOCLA6TES,D C.,
Issue Date:07-17-00
Authorize epresentative
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Connie Brockway, City Clerk
FROM: Duane Bankey, Planning Senior Department Analyst (1641)
DATE: August 16, 2000
SUBJECT: DOCUMENTATION REGARDING RFP's FOR THE CONTRACT BETWEEN
THE CITY AND VENEKLASEN ASSOCIATES FOR PREPARATION OF A
NOISE STUDY FOR THE WAL-MART STORE SITE
Pursuant to Huntington Beach Municipal Code 3.03.060(b), written proposals from not less than
three Consultants are required prior to the City making a selection for a Consultant for a
particular project.
The Consultant selected to perform the preparation of a noise study for the Wal-Mart Store site
is Veneklasen Associates. This selection was based on criteria contained in the Request for
Proposal.
In addition to the bid proposal requested from Veneklasen, bid proposals were also requested
from:
• Michael Brandaman Associates
• Environmental Audit, Inc.
• Psomas
• Synectecology
• The Keith Companies
cc: Jane James, Associate Planner R EC ; O V E R
A U 6 2 3 2000
g:lbankeylmemos'thi00-66ch
Department of Planning