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HomeMy WebLinkAboutC-1442 - Consulting services, Phase I Noise Element, General Plan0 40 CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1442 Description of Contract CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE July 21, 1972 Authorized by Resolution No. 7887 , adopted on Aryll 24, 1972 Effective date of Contract _may 18. 1972 Contract with Paul S. VenWageen and Aseoc3.atea Address 1711 Sixteenth Street, Santa Monica 90404 and Mawhiimey and Long us DMW, SUITe 107, NMq5mt Beach Amount of Contract see contrnet city Cle < 0 July 21, :'972 Maahirmey and Long 4630 Campus Drive, Suite 107 Newport Hearn, CA 92660 Attention: 'i,. Jack Mawhinney 6 Enclosed is a fully executed copy of the agreem! nt between the City of Newport Beach and Paul S. Veneklasen and Associates and MEmliinney and Long for studies related to the economic impact and noise levels associated with the Orvu- ge Obunty Airport. Laura Lagioe City Clerk LL: wk enc. cc: Carl Neubausen ( with copy of agreement) Finance Director (with ooTq of agreement) 0 July 21, 1972 Paul S. Veneklasen & Associates 1711 Sixteenth Street Santa Monica, CA 90404 Attention: Jose C. Ortega 0 Enclosed is a fully executed copy of the agreement between the City of Newport Beach and Paul S. Veneklasen and Associates and MawhirmV and Long for studies related to the ecor"aic impact and noise levels associated with the Orange Camty Airport. Laura Lagios City Clerk LL:, wk enc. cc: Carl Neuhausen (with copy of a�eernentJ Finance Director (with copy of agreermt) ASSOCIATES JERRY P. CKRISTOPP JOSE C. ORTEGA BONARD E. MORSE JAMES W. RYAN DUANE R. SIMMONS JERALD E. RYD8 RAY VAN DEN BROECK JAMES A. GOOD PAUL S. VENEKLASEN & ASSOCIATES eonsulf"fa in d{aousfidA 1711 SMIZEN'1'R STREET BANTA MONICA, CALWORNIA 90404 (818) 870 -9266 • 393 -3703 Mawhinney and Long 4630 Campus Drive, Suite 107 Newport Beach, Calif. 92660 Attention: Mr. Jack Mawhinney Gentlemen: 7 July 1972 I enclose herewith the original and two copies of the agreement with the City of Newport Beach for the Economic Impact and Noise Level Studies. We have signed all three copies and request that you sign our. copy and then send our. copy to the City for signature so that we may have a copy with the signatures of all three parties. I will be out of the city all next week, but hope to begin work on this project upon my return. JCO:mg encls Yours very truly, Paul S. Veneklaseenn & Associates Jo . Ortega JUG -1�1: CITY �F C1i, N£`i'iF GAUF� .C' nij Aw6xt4jl�) I "61TIu ' A G R E E M E N T FOR STUDIES RELATED TO THE ECONOMIC �► ��f �4 IMPACT AND NOISE LEVELS ASSOCIATED WITH THE ORANGE COUNTY AIRPORT THIS AGREEMENT, made and entered into on this day of ;rui y , 1972, by and between the CITY OF NEWPORT BEACH, hereinafter referred to as CITY, and PAUL S. VENEKLASEN AND ASSOCIATES, hereinafter referred to as ACOUSTICAL CONSULTANTS, and MAWHINNEY AND LONG, hereinafter referred to as REAL ESTATE APPRAISERS. W I T N E S S E T H: WHEREAS, CITY has determined that it is desirable and necessary to develop further studies related to the economic impact and noise levels associated with the Orange County Airport; and WHEREAS, such studies will serve in part to satisfy planning requirements for including a noise element as part of the CITY's General Plan; and WHEREAS, ACOUSTICAL CONSULTANTS and REAL ESTATE_APPRAISERS are qualified to undertake and complete such studies, and have of- fered to perform such services for the CITY. NOW, THEREFORE, the CITY and ACOUSTICAL CONSULTANTS and REAL ESTATE APPRAISERS, in consideration of the mutual covenants and agreements hereinafter contained, do hereby agree, each with the other, as follows: I. OBJECTIVE The objective of the study shall be to evaluate the economic impact and effects of noise associated with low - flying aircraft from Orange County Airport on nearby residences within the City of Newport Beach. II. SCOPE OF STUDY A. The study to be performed by REAL ESTATE APPRAISERS -1- i 0 shall be as follows: 1. An investigation and analysis of economic market activities to determine ivbether or not noise from low- flying aircraft affects the value of underlying residences. Through extensive sampling of market date, the study shall evaluate: (a) The differences,if any, in prices paid for properties within and out- side the noise impact area; (b) The differences, if any, in the rate of increase of value of these properties over a period of time; (c) The differences, if any, between properties located within the im- pact area and those without, with reference to the length of time between a sale of the property and its resale. (d) The differences, if any, in the length of time required to sell houses within the noise impact area as opposed to those outside that area. 2. An investigation and analysis of various demographic data and market research information to provide com- parisons between the impact area and other control areas. Such comparisons shall include but not be limited to an evaluation of the ratio of past and present owner- occupied homes to rental - occupied homes; vacapcy factors; resident occupation ratios, and median income comparisons. B. The study to be performed by ACOUSTICAL CON- SULTANTS shall be as follows: The investigation and analysis of noise levels generated by aircraft taking off from the Orange County Airport. -2- 0 Noise measurements shall be performed at ten pre - selected locations. At each of the pre- selected locations, noise measurements will be performed so as to determine the g6ise levels inside and outside of residences. The measured noise levels will be used to assess aircraft noise disturbance to face -to -face speech communication, telephone use and sleep requirements. This data may also be cor- related with the economic and demographic data developed as part of this study. III. PERFORMANCE ACOUSTICAL CONSULTANTS and REAL ESTATE APPRAISERS agree to commence work on the project within ten (10) days fol- lowing the execution of this Agreement, and to diligently continue the same to completion. All work to be performed under this Agree- ment shall be completed by November 1, 1972. The parties hereto further agree that twenty -five (25) copies of a report containing all findings, analyses and recommendations of the work as outlined in the Scope of Study shall be provided to the CITY. IV. BILLING AND PAYMENT The total cost to the CITY for services rendered under this Agreement shall not exceed Sixteen Thousand Two Hundred Dollars ($16,200.00). Said amount shall be disbursed in the fol- lowing manner: 1. ACOUSTICAL CONSULTANTS shall be paid an amount not to exceed Four Thousand Two Hundred Dollars ($4,200.00). REAL ESTATE APPRAISERS shall be paid an amount not to exceed Twelve Thousand Dollars ($12,000.00). 2. The rate of payment by CITY shall be $40.00 an hour, and said payments shall be made on a calendar month basis and at monthly intervals throughout the progress of the work. Each par- tial payment shall be made within ten days after presentation to -3- I • the CITY of a statement setting forth in detail the work performed and all costs incurred, together with supporting vouchers for the period covered by said statement. 3. The total of hourly payments to ACOUSTICAL CONSULTANTS shall not exceed Three Thousand Five Hundred Dollars ($3,500.00). The total of hourly payments to REAL ESTATE APPRAISERS shall not exceed Ten Thousand Dollars ($10,000.00). The balance of the contract price shall be paid by the CITY within thirty (30) days after the acceptance by CITY of the final report. 4. The total amount of Sixteen Thousand Two Hund- red Dollars ($16,200.00) shall include all costs incurred for salary and out of pocket costs for travel and miscellaneous expenses necessary to perform the scope of services under this Agreement. Any specific additional assignments, salary ex- penses, authorized travel, and appearances not provided for in the scope of services set forth under this Agreement must be ap- proved by CITY. Payment for said approved and designated ad- ditional work and reimbursable expenses shall be made on a calendar month basis and at monthly intervals at the rate of $40.00 per hour. Each payment shall be made within ten days after presenta- tion to CITY of a statement setting forth in detail the additional work performed and all costs incurred, together with supporting vouchers for the period covered by said statement. V. DESIGNATION OF AUTHORIZED REPRESENTATIVES ACOUSTICAL CONSULTANTS and REAL ESTATE APPRAISERS hereby agree, upon the signing of this Agreement, to furnish the CITY in writing the name of an individual who will be authorized to act in person or through his designee for each party in all matters pertaining to the study. Such individual shall be ap- proved by the CITY's Community Development Director. ME CITY agrees, upon siging of this Agreement, to furnish to each party the name of an individual who, as the CITY's Project Representative, will be authorized to act in person or through his designee as representative for the CITY in all matters pertaining to this study. It is understood and agreed by said parties that the authorized representatives may be changed, provided that any party to this Agreement so desiring the change give at least five (5) days prior notice in writing to the other, naming its new authorized representative, and further provided that said repre- sentative shall be acceptable to the CITY. VI. COOPERATION All departments of the CITY will assist in the performance of this study, and ACOUSTICAL CONSULTANTS and REAL ESTATE APPRAISERS agree to provide general guidance and direction to CITY staff personnel who are to assist in the collection of data and the preparation of said reports. CITY shall provide letters of introduction to assist the parties in obtaining required data from other persons, firms or governmental entities. VII. OWNERSHIP OF REPORTS AND DATA Copies of all reports, exhibits, data and other work or materials prepared in compliance with this Agreement shall be- come and shall remain the property of the CITY, to be used by CITY as may be required. VIII. CHANGES IN WORK CITY may, at any time, by written request of the CITY's Project Representative, make any minor changes in the ser- vices to be provided hereunder at an additional cost not to exceed One Thousand Dollars ($1,000.00). If such changes cause any in- crease in the cost of doing the work under this Agreement or in the time required for its performance, an adjustment as mutually agreed upon will be made and the Agreement shall be modified in writing accordingly. Any claim for adjustment under this article must be made in writing to the CITY's Project Representative within -5- I . -- . 0 0 ten (10) days from the date the change is requested. IX. TERMINATION This agreement is subject to termination by the CITY at any time upon serving written notice to ACOUSTICAL CONSULTANTS and REAL ESTATE APPRAISERS, and the CITY shall thereafter be liable only for such fees and costs accrued to the date of receipt of such notice. X. NOTICES All notices to ACOUSTICAL CONSULTANTS or REAL ESTATE APPRAISERS under this Agreement shall be deemed valid and effective upon deposit in the United States Mail, postage prepaid, by cer- tified and /or registered mail, addressed to Paul S. Veneklasen and Associates at 1711 Sixteenth Street, Santa Monica, California 90404, and Mawhinney and Long at 4630 Campus Drive, Suite 107, Newport Beach, California 92660. All notices to the CITY under this Agreement shall be deemed valid and effective when personally served upon the Director of Community Development or upon deposit in the United States Mail, postage prepaid, by certified and /or registered mail, addressed to the Director of Community Development, City Hall, 3300 Newport Boulevard, Newport Beach, California 92660. XI. GENERAL PROVISIONS In this Agreement, whenever the context so requires, the masculine gender includes the feminine and /or neuter and the singular includes the plural. The title of paragraphs herein are used for con- venience only and shall not add to or detract from or otherwise govern the interpretation of the form or substance of any said paragraphs. This Agreement represents the complete understanding between the parties with respect to matters set forth herein. No amendment or modification of this Agreement shall be valid un- less evidenced in writing and signed by the parties hereto. J t_ rI E IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. APPROVED AS TO FORM: �Zrr -csu�' 1\s>ll.City Attorne APPROVED AS TO SCOPE OF SERVI5pB-)M SUFFICIENCY: /> Al uni De ment Director -7- CITY OF NEWPORT BEACH ATTEST: City C erk � CITY PAUL S -Xrt1RXKLT A ,ASSOCIATES By: ACOUSTICAL CONSULTANT MAWHINNEY AND LONG t' r�117L A �iNci�tj, By:`i r i By: :rte �a REAL ESTATE APPRAISERS 4- 1 Rz: aat the City Gbataxc had e}*t*rsja#t: that At be desirid>le to Aevtlop tvAther atwai ar I.wtsd tot ICV42laz **SQo iat*d with tbo G a ^qa, Cvanty PSMMS, Auvh ;jtvAdL4o*'will itr's i,st ,;•:`t to saitisfv state 0m ling z .airsiments for inctw3inq a i wl t of the City'as eanara Plut, and WFaV-&kS* Paul S. fine [lesen des Ai4,' oca. +t`; T.4t! • <1C0U6t1Cal ' con- 4ultanta, and ma*oftimay and Le", rai i estate i- ,p.- Asexa, are ?litiad to mdertaako 3 =eta suds atadit -•. And bav* of;- boil to perform auch conaultant zervicoza -t-ox a City; and 11 , the City council :145iraA to employ s. Vvz , & -kl s zan & Aseeciatav and X *Whfa y --nd Lo" as -suc`z tonsUlt>tit;j; HMa , W IT :- IXIQ,;.,VID ''by :ham titY Cep Mil Of the City of rfiawpo.rt Beach 11%.'st haul S. -ftrwklaaen & A,sacciaPtyPa M& M,whinnoy ,z Lcwg are hereby appointe- oN;5 coAaulttants for the patrpos,,s of undortaking and r leti;: Wl?� I of t &oi," Eta' ast of the General Plan 4�9 deoaribed x =pia; aE IT -% WD1 th4t t'Le yor and t'hir; s:: ty Clark 5VO hQr0by AUt�i.aed to eaeecute ar, =:;gra <st ia0tWCra the :3t�r of Newport Beach and Paul 4s. vestklaaeu & :A� civtes and € ++laimey Loag for the above consultant servicaa in a:3 f"Aout:t met to exceal; $17 #000.00 at such time time thaaaagrre� nt i&gm�grav^eycyay *may the '-i,ty Attorney aj to fore l '! fyi5 the the Ccumunity 4S ti G A XG t"i$ Director 4.4 to * of Servic4a and :,::z:" =Y . AWMAD this I!LU� day of,. _4 .'" "T * ty