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HomeMy WebLinkAboutC-2007 - Airport consulting serviceso``- 0, am CITY OF NEWPORT BEACH CALIFORNIA City Hall . 3300 W. Newport Blvd. Area Code 714 DATE March 20, 1978 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. Y001 Description of Contract Airsort Consulting.8arvicss Authorized by Resolution No. 9289 , adopted on March 13, 1978 Effective date of Contract March 20 1978 Contract with valley Associates (R. Wodas) Address 18700 Yorba Linda Uyd, Yorba Linda, CA 91686 Amount of Contract 9d Contract City C lerc A 3-20-78 TRANSMITTAL COPIES TO CITY ATTORNEY OFFICE THIS DATE. eg _. 'K._ _A_G_R_E_E_M_E_N_T_ THIS AGREEMENT, made and entered into on this .)-o 4 day of 1978, by and between the CITY OF NEPWORT BEACH, hereinafter referred to as "City ", and VALLEY ASSOCIATES, hereinafter referred to as "Valley ". W I T N E S S E T H: WHEREAS, City has determined that it is necessary to retain a consultant who is knowledgeable about airports to assist with the County of Orange State Noise Standards variance proceeding; and WHEREAS, Valley is qualified to provide said expert consulting services and has submitted a proposal setting forth the activities to be performed; and WHEREAS, City has reviewed the proposal of Valley and believes it would be in the best interest of City to retain Valley to assist with the variance hearing. NOW, THEREFORE, City and Valley, in consideration of the mutual covenants and agreements hereinafter contained, do hereby agree, each with the other, as follows: services: 1. Valley shall provide the following consulting Phase I The Phase I activities would include all activities conducted up to the time of the Variance Hearing. Activities to be conducted between now and that date will include: 1. Review conditions imposed on Orange County E Ll by the State Hearing Officer at the time of the last Variance Hearing and determine how well they were met by Orange County Airport personnel. 2. Assess the extent of real progress in reducing the noise impacted areas resulting from the Variance Hearing agreements. 3. Review approaches employed by the cities of Inglewood against LAX, Ontario Inter- national Airport, and San Diego against Lindbergh Field at their Variance Hearings to determine additional specific items of interest to Newport Beach for use at the Orange County Variance Hearing. 4. Determine the status of the existing Noise Monitoring System - performance, reliability, accuracy, etc. 5. Review existing or proposed noise policies at other area airports that could be applicable to Orange County. Develop some candidate policies for Newport Beach to propose at the Variance Hearing that the Hearing Officer will impose on the Orange County as a condition to continued operation of Orange County Airport. 6. Propose other actions resulting from the above review that Newport Beach could request Orange County to initiate to solve the long -range noise problem. Phase II The Phase II activities would include all activities conducted after the completion of Phase I. Activities -2- 0 0 to be conducted during Phase II would include the following: 1. Attend all sessions of the Variance Hearing, provide all necessary information, and serve as an expert witness as necessary. 2. Prepare written document after Variance Hearing for submittal by City of Newport Beach to Hearing Officer. 2. This Agreement shall remain in full force and effect until the completion of the variance proceedings and a final decision is rendered by the State Department of Transportation or until January 1, 1979, whichever shall occur first. Both City and Valley have right to terminate the Agreement with or without cause by providing ten (10) days prior written notice to the other party of such intention to terminate. City will be liable to pay Valley only for services and expenses incurred prior to the receipt of the notice of termination. 3. Billing and Payment City agrees to compensate Valley a total of Seven Thousand Eight Hundred and Ninety Dollars ($7,890.) for the activities outlined in Phase I. Valley shall be compensated at the rate of Thirty -Seven Dollars and Fifty Cents ($37.50) per hour for Phase II activities, said total amount not to exceed Three Thousand Dollars ($3,000.). These amounts shall include compensation for any and all specialists and subcontractors hired by Valley to assist with the Valley consulting services. City shall provide Valley with a typist to prepare Valley's reports and other written material in final form. Invoices may be rendered in duplicate, weekly, covering services performed during the previous week, or may be rendered at the completion of this Agreement. Invoices shall -3- be forwarded to the City's representative for payment. Each invoice shall show generally the nature of the work performed by Valley during the period covered by the invoice as well as any amounts paid to subcontractors. Authorized expenses are to be listed separately along with supporting receipts attached to said invoice. 4. Terms and Conditions Neither Valley nor any of Valley's subcontractors shall be regarded as an employee of City, but shall have the status of an independent contractor rendering professional services. Valley agrees not to make public any disclosures of the results of the work Valley will be performing under this contract, either during or following the term thereof, without the prior approval of the contents of such disclosures from City. 5. General Provisions The title of paragraphs herein are used for convenience only and shall not add to or detract from or other- wise govern the interpretation of the form or substance of any said paragraphs. This Agreement represents the complete understand- ing between the parties with respect to matters set forth herein. No amendment or modification of this Agreement shall be valid unless evidenced in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have -4- • caused this Agreement to be executed on the date hereinabove written. ATTEST: City Clerk APPROVED AS TO FORM City Attorney CI7j NEWPORT BEACH /By Mayor -5- VALLEY ASSOCIATES BY MAR 13 1978 By the Q i Y COUNCIL CITY OF "W"T A ACM RESOLUTION NO A- RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND VALLEY ASSOCIATES (HENRY W. WEDAA) FOR AIRPORT CONSULTING SERVICES WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and Valley Associates (Henry W. Wedaa) for airport consulting services; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 13th day of March ATTEST: City Clerk 1978. DDO /bc 3/8/78