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VENEKLASEN ASSOCIATES - 2006-05-16
su � sty ° ; Contracts Submittal to F ,.,. y City Clerks Office °Aa 6�3�10 Nimt� Heac6• . 2006 AUG -3 AN 9: 4 6 2006��Y � A 8s.-4 2 To: -- - I r j 'City blerk IY u �y � F"=U ii ul: a ' (-'v''. BEAt, i'"i � f'IT i 5.tk GT 3Eb: ON � -1. Name of Contractor: Veneklasen Associates 2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park On-Call Noise Consulting Services Specific to Airplane Noise -3. Amount of Contract:, $66,605.00 Copy of contract distributed-to: The ORIGINAL insurance,certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: Na e/Ext nsion %Ci3#tw 0. ' /. `' 'ff8;Et1t z ,'/;✓, City Attomey's Office ►►��+ Numeric t© x, E y' floor 60t}30; �P6h in k.. Dater (p/^/ /% P/ � r �'f // ' i41, N - f vav g� I F r In; : i r yi ✓ RECORDS DiV..Cfii&C tx Cleriz'c Datahage far Ex+ tin File..E,, . 41�-104 g:/Attymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGT//''ON BEACH AND Ile-�e i,, ie, kss vclu/eC I ' FOR ��- Cyr I Ahisp. Lo.,s l �i�� Se✓vt( er �i✓�2G�1 .c 'Table of Contents 1 Scope of Services..:...... ..........:........................:..................................... ...............1 2 City Staff Assistance:............................................................................. ............2 3 'Term;.Time of Performance..........................:....:.......................................................2 .114 Compensation.... ........ .......................................,................................. :...... .. ..2 5 Extra„Work.,,,....- .............. .:.................... ...........:...... ......... 2._ - .. - - - 6 Method of Payment...... .:...... .............................................. .:.. ..............:.3 7' Disposition of Plans, Estimates and Other Documents ......................... ................3 8 Hold Harmless ..................................................:............................................ ........3 9 Professional Liability Insurance.....::. .................................................... ...............4 10, 'Certificate of Insurance................................... ......................................................::5 11 Independent Contractor.....:.... .......:.......:....................:.... :.....:.. ........:..................6 12 . Termination of Agreement............................::.:..............:........... 6 13 Assignment and Delegation........................ ............................... ...... .... .......6 14 ,Copyrights/Patents....... ........ ....7 1'5 City Employees and Officials.....................................:............................ . ..7 16 Notices....': ... ...... ... ............... .............. ........ ..7 17 Consent........:.......................... 18 . Modification......:.......... .............::. ......:.........:............:..:.................. ........::......8 19 Section Headings .............................. .. 20 Interpretation of.this Agreement................ . ...:........:..........:.......:. :.8 21 Duplicate Original...............................:....:.................................................................9 22 Immigration.....:.: :... 9....... 23 Legal Services Subcontracting Prohibited:...:.......................:.. :.... .... .9....... 24 Attorneys Fees..:................................ ......................................... ..........:...............:.to 25- Survival..:.......... ..:.......................:............................................... ........ 26 -Governing Law.........................................................................................................4 0 27 Entirety........:,................. ........................:................................. .....to PROFESSIONAL SERVICES CONTRACT BETWEEN' THE CITY OF HUNTINGTON BEACH AND V� xe k (G 5e , 4,S 6c, C-1 s FOR a'v ���a.e vIse THIS AGREEMENT ("Agreement") is made and entered into this & day of : . 200(,�, by and between the City of Huntington-Beach, a municipal corporation of the State of California, hereinafter referred to . as "CITY, and Ve,e (4sen Sve a ./rae-,, u hereinafter referred to as "CONSULTANT. WHEREAS, CITY ' desires to engage the services of a consultant ,to . /Je, 0!.µ pn Cu nc, t S�e co \s, I t,nq Se." ,,res and ` I 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,these.services, NOW, THEREFORE,it is agreed,by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as, described in_Exhibit "A," which is attached hereto 'and incorporated into this Agreement by.this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates, ei f V- P ov e who shall represent it-and be:°its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profservl0/15/01-A 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3 TERM-, 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 by CITY (the "Commencement Date"). This Agreement shall expire on Off, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement 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 Exhibit`"A." This schedule may be amended to.benefit the PROJECT,if mutually agreed to in writing by CITY and CONSULTANT. 4.. COMPENSATION In consideration of the performance of the services described herein, CI.TY agrees to pay, CONSULTANT on a time,'and'materials basis at' the rates specified in Exhibit."B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed e--)u s 4-1� Dollars 5. ... 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 agree/forms/profservlO/15/01-A 2 compensation for.such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms'of,Exhibit "B:" 7. DISPOSITION.OF PLANS, ESTIMATES AND OTHER DOCUMENTS. CONSULTANT agrees, ,that title to all materials prepared hereunder, ` including, without limitation, all original drawings, designs; reports, both field and office notices,,calculations,. computer code, .language,.. data or programs, maps- memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials',over to 'CITY upon' expiration or termination of this Agreement or.upon PROJECT completion, whichever.shall occur first. These materials may be used by CITY as it sees•fit. 8: HOLD HARMLESS CONSULTANT _hereby agrees.to protect, defend, .indemnify and hold harmless CITY, its officers, elected or appointed official's, employees, agents and volunteers from and against any aiid all claims,.damages, losses; expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation;of every nature or liability of`-any kind or nature) arising out.of or in connector.with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of . this Agreement or,its failure to comply with any of its obligations contained 'in this Agreements by CONSULTANT, its officers, agents or employees except such ,loss or . damage which was caused by the sole negligence or willful inisconduct.,.of CITY: '. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall agree/forms/profsery 10/15/01-A 3 approve selection of CONSULTANT's counsel: This indemnity shall apply to all claims , and-liability regardless of whether any insurance policies are applicable. The policy limits ; do not act as .limitation upon the, amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain.and furnish to CITY`a professional liability insurance_policy covering the work performed by.it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars. ($1,000,000.00) per occurrence and in the aggregate: The above- mentioned insurance shall.not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY: 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 shall notify CITY of circumstances ,or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance.during the'required extended period of coverage following PROJECT completion: 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.' agree/forms/profsery 1 0/1 510 1-A 4 ..10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT . shall furnish to CITY a certificate.of insurance subject'to approval.of the City Attorney evidencing the-foregoing.insurance coverage as required by this Agreement; the certificate 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 policy 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 coverage in.force until the work under this Agreement is fully completed and.accepted by CITY: The.requirement for carrying the foregoing insurance coverage shall not 'derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the,.premiums on the insurance hereinabove required. 11. .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 CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/profse y 10/15/O 1-A 5 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 PROJECT and/or the services to be performed hereunder. 12. 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 the 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 CITY;become its property and shall be,promptly delivered to.it by CONSULTANT. 13: ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted:by CONSULTANT to any,other.person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract,is approved; all approved assignees, delegates and subconsultants must satisfy the insurance requirements as setTorth in Sections 9 and 10 hereinabove. 14. 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. agree/forms/profservl0/15/01'A E 15. 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. 1.6. NOTICES Any notices, certificates. or other communications hereunder shall be given ; either by personal delivery to CONSULTANT's agent (as designated in Section 1' hereinabove) or to CITY.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, to the addresses specified below. ` CITY and CONSULTANT may designate different addresses to which'subsequent notices,certificates or other communications will be.sent by notifying the other, party via personal delivery, a reputable overnight carrier or U.1 S. -certified mail-return receipt requested: TO:CITY: TO CONSULTANT: City of Huntington Beach ATTN- C L•r•j 5 0 o�i e:�- D a ✓ S M 2000 Main Street / �:a wL 1 Pr ,h C �A. _ Huntington Beach, CA 92648 Ve-q k l c, 11. CONSENT When CITY's consent/approval is required under this ;Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/profservt0/15101-A 7 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles; captions, section, paragraph and 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 • matters 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. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed -as a whole, according to its Tair• 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, such holding shall not invalidate 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 agree/forms/profservl0/15/01-A 8 which is hereby affected shall be curtailed and limited only to the'extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL 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'. duplicate original shall be deemed an original instrument as against any party, who has signed it. 22. 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. 23: 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. .24. ATTORNEY'S FEES In" the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this'Agreement or to secure the performance hereof-, agree/forms/profser'v l0/15101-A 9 each party shall bear its°•own attorney's fees," such that the prevailing parry shall not-be, entitled to recover its attorney's fees,from the non-prevailing party. 25. SURVIVAL. Terms and conditions of this Agreement, which by their sense;and context survive the expiration or termination,of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that' they are entering into "this Agreement freely and voluntarily following extensive.arm's length negotiation, and that each has had the opportunity, to consult with legal counsel prior to .-executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, .agreements or warranties, oral or otherwise, have been made by that party or anyone acting.on that parry's behalf, which, are not embodied in*this Agreement, and that that party has not executed this Agreement in reliance on any"representation, inducement, promise, agreement, warranty, fact or circumstance not• expressly set forth in this -Agreement. This Agreement,• and the attached exhibits, contain the entire agreement, between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/profsery I O/15/01-A' l a - IN WITNESS WHEREOF, the parties hereto-ha Ye caused this Agreement to be _ executed by and through their "authorized offices the day, month and .year first above written. CONSULTANT_ , 'CITY OF HUNTINGTON BEACH, Veneklasen "Associates, Inc, a municipal corporation of the State ofCalifornia irVfor of __. •. _., . .._ _ By: (Pursuant To HBMC§3.03.100)• . Jerry khristo.f f , , print name ITS: (cir le one)Chairmanf residen ice President APPROVED AS TO FORM: ANDCn OC, • City Aftorn Robert V. Robey REVIEWE APP OVED: print name ITS: (circle one)Secretary/ ie inancial Officer Secretary Treasures Chief Operating Officer City A650, nistrator (only for contr 000.00 and over) Stag I W bu of SubicHbed and, a e ) is �s 2p H Ztr , P ►lly to a me n An basis of sati fe ryr�' to be Yseal) SHARON M.ANDERSON Commission#1484586 a Notary Public-caibrnia Z . Los Angeles county MY Comm.Expires Apr 23,2008 agree/forms/1)rofserv10/15101-A 1 I VENEKLASEN ASSOCIATES, INC. CERTIFICATE OF SECRETARY REGARDING INCUMBENCY OF OFFICERS AND DIRECTORS The undersigned, James A. Good, hereby certifies that he is the duly elected and acting Secretary of Veneklasen Associates, Inc., a California corporation (the "Company"), and further that each of the persons named below is a duly elected and acting officer and director of the Company, holding the office set forth opposite his name below since November 11, 2005, that there are no other officers and directors of this Company and that the signature appearing opposite the name of each such person is his actual signature: Name Office VqjK �res d e4,,,�. Dt v Jerry P. Christoff '4 erP4eAEWRobert V. Robey Chief Operating OfficerV. Joseph A: Frazier Chief Financial Officer �• Hooshang Khosrovani Assistant Chief Financial / Officer and Director James A. Good Secretary and Director M4, w IN WITNESS WHEREOF, the undersigned has ,signed this Certificate as of May 2004.. Jam s Good, Secretary The undersigned, Jerry P. Christoff, hereby certifies that he is the duly elected and acting President of the Company, and further that James A. Good is the duly,elected and acting Secretary of the Company, holding such office Certificate of Secretary re Incumbancy.DOC -1 of 2- since at least August 6, 1996, and that the signature subscribed to the foregoing certification is his own signature. IN WITNESS WHEREOF, the undersigned has signed this Certificate as of May 2006. Je P. Christoff resident 4, Certificate of Secretary re Incumbancy.DOC -2 of 2- Client#:6499 VENEKASSO A^OQDTM DATE,.(MM/DD/YYYY) �l CERTIFICATE OF LIABILITY INSURANCE 04/24/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.'BOx 10550 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana,CA 92711-0550 714 427-6810,. INSURERS AFFORDING COVERAGE NAIC# INSURED - INSURER k United States Fidelity&Guaranty Veneklasen Associates INSURER B: St.Paul Protective Insurance Co. 1711.Sizteenth Street INSURER c: Hudson Insurance Company Santa Monica,CA 90404 -• - 'INSURER D: INSURER E: COVERAGES -THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION - LIMITS LTR NSR DATE MM/DD/YY DATE MM/DD/YY - A GENERAL LIABILITY - BKO1275111. 01/01/06 - 01/01/07- EACH OCCURRENCE - $1,000,000 X COM PREMISES(Ea occurrence)MERCIAL GENERAL LIABILITY General Liab. DAMAGE TO RENTED .'$1 OOO OOO, CLAIMS MADE FY OCCUR excludes claims - - MED EXP(Any one person) $1 O 000 arising out of PERSONAL&ADV INJURY $1,000,000 the performance GENERAL AGGREGATE $2 000 000' GEN'L AGGREGATE LIMIT APPLIES PER: of professional - - PRODUCTS-COMP/OP AGG $2 00O 000 POLICY PRO LOC services. PRO- . A AUTOMOBILE LIABILITY BA01275113 - 01/01/06 01/01/07 COMBINED SINGLE LIMIT ` X ANY AUTO (Ea accident) $1,000,000 ALLOWNED AUTOS - - - - SCHEDULED AUTOS ?64iF l AST Q (PDIPLrsoNBURY $ X HIRED AUTOSA �7r'+ BODILY INJURY $ NON-OWNED AUTOS MC -RATH,C ttOmey I (Per accident) w PROPERTY DAMAGE 1$. (Per accident) - GARAGE,LIABILITY _ AUTO ONLY-EA ACCIDENT $ ANY AUTO _ OTHER THAN EA ACC $AUTO ONLY: .AGG $ - EXCESSAIMBRELLA LIABILITY - EACH OCCURRENCE $. OCCUR ❑CLAIMSMADE - AGGREGATE $ - DEDUCTIBLE $ ' RETENTION $ B WORKERS COMPENSATION AND WVA7725953 09/01/05 , 09/01/06 X WC STATU- OTH- TORY EMPLOYERS'LIABILITY _ ANY PROPRIETOR%PARTNER/EXECUTIVE E.L.EACH ACCIDENT I$1,000,000 OFFICER/MEMBER EXCLUDED? - E.L.DISEASE-EA EMPLOYEE $1 060,000 If yes„describe"under ' - - - . SPECIAL PROVISIONS below - - E.L.DISEASE-POLICY LIMIT 1$1,000,000 C OTHER Professional AEE7118901 03/04/06 03/04/07 $1,000,000 per claim Liability $1,000,000 annl aggr. . Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - Re:All Operations as pertains to named insured. This certificate supersedes certificate issued on 04-05-06. CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL RM0MRRR9l MAIL 30 DAYS WRITTEN 2000 Main Street - NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,"JRR/JQ 1( Huntington Beach,CA 92648 R>a4[x>x�ataxlastxr2Rxxaaxx>xxoaxx>�xi�7a>KxotQcoa€stcRltxrsRxoocxx RR�asRxoivt>rrxxx • AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 1 #S158435/M154461 THC 0 ACORD CORPORATION,1988 Veneklasen Associates City of Huntington Beach—On Call Noise Consultant Veneklasen Associates'Proposal No.06.094 Revised April 3,2006(February 23,2005)—Page 1 of 17 SECTION 1.0 WORK PLAN INTRODUCTION In undertaking this Airplane Noise Study,Veneklasen Associates(VA)has assumed that the City of Huntington Beach wishes to verify the level of aircraft noise present in the City. This project is in response to citizen complaints about noise resulting from increasing air traffic from nearby regional airports. To that end,VA's proposed Work Plan relies upon the following strategy: 1. .Kick-off meeting to review the project goals with the City including the nature and location of complaints;refine the Work Plan accordingly. 2. . Obtain aircraft flyover data from nearby airports and other appropriate agencies. The best source of these data,which could include tracking data,would be from the FAA. 3. Establish measurement locations within the City and gather noise level data from aircraft flyovers and other community noise sources.(New Recommended Task) 4. Analyze the measured data to establish the noise level of aircraft flyover noise and other community activity. 5. Perform an analysis using INM or other appropriate calculation model to determine noise contours within the City. 6. Prepare a report and submit to the City. 7. Develop a Mitigation Action Plan,if warranted. 8. Develop a Community Outreach/Awareness program to ensure public awareness of aircraft activity and noise issues. With regard to Item 1,above,VA's goal is to establish a Work Plan that meets the City's needs both in terms of data required and project budget. Therefore,once the'Work Plan is finalized by the project team,the fee within this proposal may be impacted accordingly. 1.0 . WORK PLAN' The Work Plan proposed by Veneklasen Associates has been developed in direct response to the Request for Proposal for a Noise Consultant Specific to Airplane Noise received from the City of Huntington Beach. 1.1 Baseline Data Data will be obtained to facilitate the analysis of aircraft activity using a calculation model to determine the extent and location of noise contours within the City. An additional task,measurement of aircraft flyover noise and observations,will supplement and validate predictions made from the tracking data obtained from the airports and other agencies. . L L I `Aircraft Flyover Database A. Kick-off Meeting with City of Huntington Beach staff 1. Review the City's goals and project objectives. 2. Review the nature and location of complaints,including but not limited to sound level, frequency of flights,time of day,time of year,possible"hot spots"and any other relevant information that could impact the Work Plan. 3. Finalize the Work Plan,including roles and responsibilities of the entire project team. www.veneklasen.com V'eneklasen Associates City of Huntington Beach—On Call Noise Consultant Veneklasen Associates'Proposal No.06.094 Revised April 3,2006(February 23,2005)—Page 2 of 17 B. Obtain Aircraft Operations and Tracking Data L Obtain aircraft activity data from all nearby airports including Long Beach(LGB),John Wayne (SNA), Los Angeles International(LAX)and Los Alamitos air station. Information regarding helicopter operations from other areas and the Coast Guard would also be obtained. 2. Tracking data would be obtained from the FAA if possible,including the following: a. Aircraft types—make and model, b. Flight track, c. Altitude, d. Approach,departure,or beach flyby e. Number of flights per day,week,month;time of day. 3. It is possible that meetings will be required with some of the airports and/or agencies to obtain the required aircraft data. For the purposes of this proposal,VA has assumed three meetings could be required. Note: The extent of data obtained during this task may have an effect on the appropriate level of effort required for the following tasks,especially Tasks 2.3 and 2.4. In order to accurately portray the noise impact in the City,more observations and noise measurements may be required to support an accurate noise modeling calculation. C. Interview City Staff to Obtain Complaint Information 1. The nature and origin of the complaints. 2. Concentrated according to location,time of day,time of year,type of aircraft,frequency,etc. 3. The City's response to date. 4. For the purposes of this proposal,VA has assumed two meetings with staff could be required. 1.1.2 Noise Measurements(New Recommended Task) A. Measurement Locations 1". Measurement locations will be selected based upon advice from City Staff and tracking data obtained. B. Noise Data and Observations 1. Noise data will be obtained and observations will be made at the selected community locations. The data obtained will be maximum levels(Lmax)and Sound Exposure Levels(SEL)for each aircraft flyover. 2. To obtain accurate data,it will be desirable to have simultaneous,observations and measurements at two locations at a time. 3. Observations will identify the aircraft type,its approximate track,and altitude if possible. 4. The noise level of other community activity will also be obtained. www.veneklasencom Veneklasen Associates. City of Huntington Beach—On Call Noise Consultant Veneklasen Associates'Proposal No.06.094 Revised April 3,2006(February 23,2005)-Page 3 of 17 5. If possible;the City could enlist citizens to obtain additional information regarding aircraft operations. These observations could provide valuable supplementary data for the analyses. C. Data Analysis 1. The data will be analyzed to determine the aircraft noise levels and the influence of other noise producing community activity. 2. The data will be compared to the tracking data to verify accuracy. 1.1.3 Calculate and Plot Contours A. Noise Modeling 1.1 An appropriate model will be selected,depending on the type of tracking data that is available. It is possible that INM or NoiseMap would be useable. 2. Assemble the tracking information and perform the calculations. The calculations may be based on SEL measurements and estimates that depend on the type and number of aircraft operations. B. Plot Contours I. Following the calculations,contours will be plotted on a map selected by the City. 1.1.4 Report and Presentation A. Report 1. The report will describe all activity associated with the data collection and analysis process; all, data obtained will be included in the report along with the contours. 2. The report will contain mitigation measures that the City could consider, if applicable. B. Presentation to City of Huntington Beach staff 1. Present report and review recommendations. 2. Solicit feedback. 3. Establish next steps with the project team. . 1.1.5 Ongoing Data Collection In the future;as required by the City,additional data could be added to the database. If deemed necessary due to the possible increase in noise levels or changes to the contour location,the model could be rerun and new contours could be plotted. It is assumed this would require essentially the same tasks as required in Section 2.1.2. The costs submitted in this proposal.for this task were developed on the assumption that the task—updating the database and refining the noise contours-was performed once. www.veneklasen.com Veneklasen Associates City of Huntington Beach—On Call Noise Consultant Veneklasen Associates'Proposal'No.06.094 Revised April 3,2006(February 23,2005)—Page 4 of 17 1.2 . SCHEDULE VA estimates the accumulation of data,development of the database,analysis and report preparation will take approximately twelve weeks.This schedule assumes that the City,airports and other agencies provide data as requested without delay. 1.3 CONTINGENCY SERVICES 1.3.1 Community Outreach A Community Outreach campaign for an effort such as this Study should address multiple overarching objectives: 1. Make the community aware of the effort undertaken by the City. 2. Disseminate the results of the study as public information. 3. Validate or invalidate assumptions regarding aircraft flyover noise. ,4. Publicize the City's next steps, including mitigation measures if appropriate. 5. Provide a forum/s comments and feedback. 6. Establish systems for the ongoing exchange of information. 1 Communication vehicles should include: 1. Web Page A section on the City web site featuring the data(amount of which to be determined),analysis, results,contact information and updates on an ongoing basis. The site will be set up so that residents if preferred may register for an email notice for web site updates. VA will assist as requested by providing narrative and/or graphic information in an electronic format that can be accessed easily via the web site. 2. Information Letter and Community Meeting Announcement Upon completion of the Study,an Information Letter forwarded to all interested Huntington Beach residents summarizing the motivation for the Study,methodology,results,recommendations,and City contact information. It will contain the dates for a single Community Meeting(see below)and the Noise Study web site address. VA can direct or assist with this effort as required,depending upon the City's preference. Our fees reflect primary oversight. 3. Information Flyer and Community Meeting Announcement Similar in content to the Information Letter and available at municipal buildings such as libraries, civic buildings,post offices,etc. The graphic and production quality of Items 2 and 3 are to be determined,depending upon City budget and the timeline for the distribution of information. 4. City Council Study Session In order that City Council members are informed,a study session with the Noise Study project team will be scheduled. The Council will be debriefed on the data,analysis and recommendations and VA will answer questions about the team's methodology. The agenda will include,strategies for facilitating the Community Meeting and for drafting an ongoing Communications Plan. 5. Community Meeting Presentation One meeting to present the origin,methodology and outcome of the Study will be scheduled. The slate of presenters and agenda are to be determined once the Study is concluded. "Presentation media may include a PowerPoint show,posters with contour maps,graphs and interpretative data. Hard copies of the report should be available for review. A summary report will be made available as a. handout. Our fees reflect significant involvement in the development of the communications media. www.veneklasen.com Veneklasen Associates City of Huntington Beach—On Call Noise Consultant Veneklasen Associates'Proposal No.06.094 Revised April 3,"2006(February 23,2005)-Page 5 of 17 Note: VA has provided a fee proposal for development and execution of a Communications Plan,although we may not have responded to the City's exact desired requirements. It would therefore be beneficial to adjust the Work Plan and its subsequent costs after discussion with City staff. www.veneklasen.com Veneklasen Associates City of Huntington Beach-On Call Noise Consultant Veneklasen Associates'Proposal No.06.094 Revised April 3,2006(February 23,2005)-Page 16 of 17 SECTION 4.0 COST PROPOSAL The project tasks,personnel assigned'to tasks,their rates,estimated hours,and estimated costs are shown in the following tables. With regard to the Baseline Data Cost Proposal,please note that the availability of aircraft identification and tracking data may affect our ability to perform the additional tasks within the estimated budget. Therefore,the costs below assume that agencies will provide accurate and sufficient data to perform the contour calculations. If sufficient data is not available, it may be necessary to expand the Noise Measurement task to obtain adequate data. VA therefore reserves the right to re-negotiate the hours and costs for those tasks that follow this data-gathering task. 1.0 Baseline Data&Ongoing Data Collection Robey Rate Brown Rate Khosrovani Rate Mange Rate Eng 1 Raze Eng 2 Rate Eng 3 Rate Baseline Data Firs $175 Hrs $125 Hrs $150 Hm $150 Hrs $N- Firs '$85 Hrs $60 TOTAL ' Kick-Off Meeting 4 $700 12 $1,500 10 $1,500 0 $0 0 $0 0 - $0 0 $0 $3,700 A/C Flyover Database 0 $0 35 '$4,375 16 $2,400 0 $0 0 $o 0 $0 16 $960 $7,735, Agency Meetings(3) 0 $0 9 $1,125 0 $0 0 $0 -0 $0 0 $0 0 $0 $1,125 Staff Meetings(2) 0 $0 5 $625 5 $750 0 $0 0 $0 0 $0 0 $o $1,375 Noise Measurements 2 $350 15 $1,875 4 $600 0 $0 34 $3,400 30 $2,550 0 $0 $5,375 Calculate Contours 0 $0 6 $750 0 1 $o 20 $3,000 0 $o 1 0 $0 0 $0 $3,750 Plot Contours 2 $3so 0 $0 '2 $300 0 $0 12 $1,200 0 $0 4 $240 $2,090 Report&Presentation 7. $2,450 30 $3,750 7 $1,050 0 $0 0 $o 0 $0 4 $240 $7,490 Ongoing Data Collection 2 $350 1 20 $2,500 10 - $1,500 20 1 $3,000 0 $0 0. 1 $0 4 $240 $7,590 Other -. - Availability to Staff 0 $0- 28 $3,500 0 $0 0 $0 0 $o 0 $0- o $0 $3,500 Reimbursable Expenses -$1,500 - TOTAL 15 $3,850 112 $14,000 44 $6,600 20 S3,000 46 $4,600 30 $2,550 24 $1,440 111.30 - 1.3 Contingency Services Robey Rate Brown- Rate Khosrovani Raze Mange Rate Eng I Rate Eng 2 Rate Eng 3 Rate Community Outreach Hrs $175 Hrs $125 firs $150 firs $150 Hrs $100 Hrs $85 Hrs $60 TOTAL Information Letter& - - Flyer .2 $350 8 $1,000 0 $o0 $0 0 $0 16 $1,360 4 $240 $2,950 Web Page 0 - $0 6 $750 0 $0 0 $0 0 $0 8 $680 2 $120 $1,550. City Council Session Preparation "3 $525 24 $3,000 6 $900 0 $o 0 $0 4' $340 4 $240' $5,005 Presentation 5 $875 5 $625 5 $750 0 $o 0 $0 0 $o 0 $0 $2,250 Community Meeting Preparation 3 $525 14 $3,000 6 $900 0 $0 0 $0 24 $2,040 8 $480 $6,945 Presentation 5 $875 5 $625 5 $750 0 $0 0 .$0 5 $425 0- $0 $2,675 TOTAL 18 $3,150 1 72 S9,000 22 S3,300 0 1 $0 0 $0 57 $4,845 18 $1,080 . $21,375 I www.veneklasen.com sU 6 PROFESSIONAL SERVICE CONTRACTS Huntn &acho PURCHASING CERTIFICATION a 1. Requested b : Planning Chris Davis q y g -- iAPR c 0 2. Date: April 12, 2006 3. Name of consultant: Veneklasen Associates 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $66,605.00 6. Are sufficient funds available to fund'this contract?' Yes, ❑ No 7. Company number and object code where funds are budgeted: 10060201-.69365 8. Is this contract generally described on the list of professional service contracts . approved by the City'Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. RI AR®'AMADRLL, Mana er Purchasing/Central Services ' If the answer to any these questions is "No,"the contract will require approval from the City Council. purchasingcert 4/12/2006 2:57 PM Airplane Noise Consultant Distribution List Parsons Brinckerhoff Attn: Steven Wolf 505 S. Main Street, Suite 900 Orange, CA 92868 714 973-4890 Alliance Acoustics Attn: Robert Woo 9272 Jeronimo Road, Suite 101 Irvine, CA 92618-1978 1-800-664-7318 Mestre Greve Vincent Mestre 27812 El Lazo Road Laguna Niguel, CA 92677 949-760-0891 Veneklasen Associates Attn: Bob Robey 1711 Sixteenth Street Santa Monica, CA 90404 310.450.1733 fk F