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'
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Aw6xt4jl�) I "61TIu
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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
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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.
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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
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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
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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_
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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
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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-
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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;
$17 #000.00
at
such
time time
thaaaagrre� nt i&gm�grav^eycyay *may the
'-i,ty
Attorney aj
to
fore
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fyi5
the
the Ccumunity 4S ti G A XG t"i$ Director
4.4 to
* of Servic4a and :,::z:" =Y .
AWMAD this I!LU� day of,.
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ty