HomeMy WebLinkAboutCC AG PKT 2012-02-27 #NSUMMARY OF REQUEST:
AGENDA STAFF REPORT
DATE: February 27, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby, Assistant City Manager /Public Works
SUBJECT: TRAFFIC IMPACT STUDY AND NOISE IMPACT
STUDY FOR THE TRAFFIC NORTH OF THE 405
FREEWAY
That the City Council award professional services agreements for the preparation
of a Traffic Impact Study and Noise Impact Study for the current traffic conditions
north of the 405 Freeway:
1. Adopt Resolution No. 6231 approving a Professional Services Agreement
with LSA Associates, Inc. to prepare a Traffic Impact Study in the amount
of $74,918; and
2. Adopt Resolution No. 6232 approving a Professional Services Agreement
with Wieland Acoustics to prepare a Noise Impact Study in the amount of
$6,510.
BACKGROUND AND ANALYSIS:
Due to the recent construction of the West County Connector Project (WCCP)
and concerns expressed about development at the Shops at Rossmoor, as well
as traffic associated with the Target Center, staff is recommending that traffic and
noise impacts be studied along Seal Beach Boulevard north of the 405 freeway.
This study will investigate and analyze the traffic and noise impacts associated
with new detour route for the WCCP and commercial development at the Shops
of Rossmoor. The scope of work includes but is not limited to, existing land use
study, parking utilization, signalized intersections, future growth construction
impacts and current noise levels.
Staff has solicited four consulting firms who specialize in preparing these studies.
In review of work history, related projects and qualifications, staff selected LSA
Associates, Inc. for $74,918 to prepare the traffic impact study and Wieland
Acoustics for $6,510 to prepare the noise analysis study.
Agenda Item N
Associates, Inc. for $74,918 to prepare the traffic impact study and Wieland
Acoustics for $6,510 to prepare the noise analysis study.
The City has contracted with Wieland Acoustics to conduct noise studies for the
past several years. They have proven to be a reliable and reasonable noise
consultant for the City. They have provided a proposal to conduct a noise study
of the Shops at Rossmoor from an adjacent residential property. The cost to
perform a study that analyzes the noise from the exterior of first floor and second
floor of the residential property is $6,510.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Preparation of these studies was not budgeted in the FY 11 -12 Adopted Budget.
However, the City currently has available $288,458 in Traffic Impact Fees.
Preparation of traffic studies is an appropriate use of Traffic Impact Fees. The
businesses from The Shops at Rossmoor and the Target Center have paid
Traffic Impact Fees that can be applied to these studies. If approved, $81,428 is
required to prepare these studies. The remaining balance in the Traffic Impact
Fees would be $207,030. The budget will be adjusted as part of Item "A" on the
February 27, 2012 agenda.
RECOMMENDATION:
That the City Council award professional services agreements for the preparation
of a Traffic Impact Study and Noise Study for the current traffic conditions north
of the 405 Freeway:
1. Adopt Resolution No. 6231 approving a Professional Services Agreement
with LSA Associates, Inc. to prepare a Traffic Impact Study in the amount
of $74,918; and
2. Adopt Resolution No. 6232 approving a Professional Services Agreement
with Wieland Acoustics to prepare a Noise Impact Study in the amount of
$6,510.
Page 2
SUBMITTED BY:
Sean P. Crumby
Assistant City Manager /Public Works
Prepared by: Michael Ho, City Engineer
Attachments:
A. Resolution No. 6231
B. Contract Agreement -
C. Resolution No. 6232
D. Contract Agreement -
— LSA Associates, Inc.
LSA Associates, Inc.
- Wieland Acoustics
Wieland Acoustics
Page 3
NOTED AND APPROVED:
R. Ingram, Citljri Manager
ATTACHMENT "A"
LSA Associates, Inc.
RESOLUTION NUMBER 6231
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH LSA ASSOCIATES, INC. FOR A TRAFFIC IMPACT STUDY
FOR THE TRAFFIC NORTH OF THE 405 FREEWAY
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves a Professional Service
Agreement between the City of Seal Beach and LSA Associates,
Inc. for $74,918 to prepare a Traffic Impact Study for the traffic
north of the 405 freeway.
Section 2. The City Council hereby authorizes the City Manager to execute
the Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of February , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6231 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 27th day of February , 2012.
City Clerk
Mayor
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PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
949 553 -0666 Phone
949 553 -8076 Fax
This Professional Service Agreement ( "the Agreement ") is made as of February 27,
2011 (the "Effective Date "), by and between LSA Associates, Inc.( "Consultant "), a
Consulting Company and the City of Seal Beach ( "City "), a California charter city,
(collectively, "the Parties ").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
1.0 Scope of Services
AGREEMENT
1.1. Consultant shall provide services to support the City of Seal Beach
with response to prepare a Traffic Impact Study, to study the current traffic
conditions north of the 405 Freeway.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize payment for such work
up to a cumulative maximum of $10,000. Payment for additional work in excess
of $10,000 requires prior City Council authorization.
2.0 Term
This term of this Agreement shall commence as of the Effective Date and
shall continue for a term of 1 year unless previously terminated as provided by
this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the hourly rates shown on the
fee schedule set forth in Exhibit A for Services but in no event will the City pay
more than $74,918. Any additional work authorized by the City pursuant to
Section 1.4 will be compensated in accordance with the fee schedule set forth in
Exhibit A.
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not less than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. Ken Wilhelm is the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
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To City:
To Consultant:
8.0 Independent Contractor
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, California 92614
949 -553 -0666 (phone)
949 - 553 -8076 (fax)
Attn: Ken Wilhelm
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.1. Consultant is an independent contractor and not an employee of
the City. All services provided pursuant to this Agreement shall be performed by
Consultant or under its supervision. Consultant will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Consultant shall also not
be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible
for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Consultant's personnel practices. City shall have the right to offset against
the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Consultant is fully responsible to City for the
performance of any and all subcontractors.
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10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Consultant
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
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of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self - insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Consultant, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
reasonable attorneys' fees and other related costs and expenses, except for
such loss or damage arising from the sole negligence or willful misconduct of the
City. With respect to any and all such aforesaid suits, actions, or other legal
proceedings of every kind that may be brought or instituted against lndemnitees,
Consultant shall defend lndemnitees, at Consultant's own cost, expense, and
risk, and shall pay and satisfy any judgment, award, or decree that may be
rendered against lndemnitees. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and /or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the
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City, its directors, officials, officers, employees, agents or volunteers. All duties
of Consultant under this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be govemed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
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privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
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By:
Attest:
By:
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Consultant is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
CITY OF SEAL BEACH CONSULTANT
Jill R. Ingram, City Manager
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
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LSA
February 15, 2012
LSA ASSOCIATES. INC.
20 EXECUTIVE PARK. SUITE 200 949.553.0666 TEL
IRVINE. CALIFORNIA 92614 949.553 8076 FAX
Mr. Michael Ho
City Engineer
City of Seal Beach Public Works Department
211 Eighth Street
Seal Beach, CA 90740
BERKELEY
CARLSBAD
FORT COLLINS
FRESNO
PALM SPRINGS
POINT RICHMOND
Subject: Professional Services Proposal: The Shops at Rossmoor Traffic and Parking Analysis
Dear Mr. Ho:
LSA Associates, Inc. (LSA) is pleased to submit this proposal to provide traffic /circulation and
parking consulting services as they relate to The Shops at Rossmoor (project) site in the City of Seal
Beach (City). The project site is located north of St. Cloud Drive, south of Bradbury Road, east of
Montecito Road, and west of Seal Beach Boulevard.
The traffic impact analysis (TIA) will be prepared consistent with the City's Traffic Impact Study
Guidelines (March 2010) and the City's General Plan (December 2003). The purpose of this analysis
is to identify the levels of service (LOS) for existing and future (General Plan Buildout) conditions on
intersections and roadway segments within close proximity to the shopping center. Physical and/or
operational improvements will be identified should study area locations not meet the City's LOS
standards. This analysis will also evaluate the existing parking demand and determine whether full
occupancy of the center will be accommodated within the existing parking supply.
TRAFFIC IMPACT ANALYSIS: SCOPE OF SERVICES
The traffic analysis for the project will examine the following development scenarios, based on
discussion with City staff on February 6, 2012:
1. Existing (2012) conditions with current occupancy on site
2. Existing (2012) condition with full occupancy on site
3. Existing (2012) condition with full occupancy on site and addition of 33 apartment units
4. Existing (2012) condition with full occupancy on site and addition of 66 apartment units
5. Future (2035) General Plan Buildout conditions (full occupancy)
6. Future (2035) General Plan Buildout conditions (full occupancy) and 33 apartment units
7. Future (2035) General Plan Buildout conditions (full occupancy and 66 apartment units
8. Pre - freeway construction (2009) condition with full occupancy on site
9. Pre - freeway construction (2009) condition with full occupancy on site and addition of 33
apartment units
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PLANNING 1 ENVIRONMENTAL SCIENCES 1 DESIGN
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
SOUTH SAN FRANCISCO
LSA ASSOCIATES, INC.
10. Pre - freeway construction (2009) condition with full occupancy on site and addition of 66
apartment units
The following tasks are recommended to provide a complete traffic analysis.
Study Area. LSA will confirm the study area with City staff prior to the analysis. Based on criteria
provided in the City's Traffic Impact Study guidelines, the following locations are recommended for
inclusion in the study:
Intersections:
1. Seal Beach Boulevard/Katella Avenue
2.Seal Beach Boulevard/Bradbury Road
3. Seal Beach Boulevard/Rossmoor Center Way
4. Seal Beach Boulevard/Town Center Drive
5. Seal Beach Boulevard/St. Cloud Drive
6. Seal Beach Boulevard/Lampson Avenue
7. Seal Beach Boulevard/Interstate 405 (I -405) Northbound (NB) Ramps — Old Ranch Parkway
8. Seal Beach Boulevard/I -405 Southbound (SB) Ramps — N. Gate Road
9. Yellowtail Drive /St. Cloud Drive (unsignalized)
10. Montecito Road /Copa de Oro Drive (unsignalized)
11. Montecito Road/Mainway Drive - Rossmoor Center Way (unsignalized)
12. Montecito Road/Bradbury Road (unsignalized)
Roadway segments:
Seal Beach Boulevard between:
• Rossmoor Way and Bradbury Road
• Bradbury Road and Rossmoor Center Way
• Rossmoor Center Way and Town Center Drive
• Town Center Drive and St. Cloud Drive
• St. Cloud Drive and Lampson Avenue
• Lampson Avenue and I -405 NB Ramps
St. Cloud Drive between:
• Seal Beach Boulevard and Yellowtail Drive
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LSA ASSOCIATES, INC.
Montecito Road between:
• Yellowtail Drive and Copa de Oro Drive
• Copa de Oro Drive and Mainway Drive
• Mainway Drive and Bradbury Road
Project driveways:
There are approximately 15 driveways that provide access into the project site via Seal Beach
Boulevard, St. Cloud Drive, Montecito Road, and Bradbury Road (including four curb cuts for the
gas station located at the corner of Seal Beach Boulevard/Bradbury Road).
Data Collection. The following information will need to be collected prior to preparation of the
traffic analysis:
• Land Use/Building Occupancy. LSA will work with City staff to identify the land use and
building square footage for each of the existing buildings on site. Buildings currently under
construction and any known future buildings on site will be included. The existing occupancy of
each building will be identified through discussion with City staff and confirmation based on a
site visit.
• Existing Traffic Counts. LSA will obtain intersection turn- movement counts at the 15 study area
intersections for the weekday a.m. peak hour (7:00 a.m. -9:00 a.m.), midday peak hour (11:00
a.m. -1:00 p.m.), and p.m. peak hour (4:00 p.m. -6:00 p.m.) and a weekend (Saturday) midday
peak hour (11:00 a.m. -1:00 p.m.). Daily 24 -hour counts will be conducted for the 14 study area
roadway segments in between the intersections. In addition, daily 24 -hour counts will be
collected at the 15 project driveways that provide access to the center. The counts will be
conducted by an independent car count company (National Data & Surveying Services) for a
weekday and weekend (Saturday). LSA will collect geometric, traffic control, and posted speed
data at all study area locations.
• Historic Traffic Counts. LSA will request historical traffic count data from the City at study
area intersections and roadway segments. The purpose of this data is to compare with current
2012 counts and identify whether a change in traffic has occurred in part by construction of the
I- 405 /Interstate 605 (I- 605) /State Route 22 (SR -22) freeway improvements. LSA will also contact
count companies and other traffic consultants to obtain 2009 data within the study area.
• Accident/Collision Data. LSA will request from the City a 12 -month history of accidents at
intersections and roadways within the study area, with a focus on locations adjacent to the project
site.
• Future 2035 General Plan Buildout Conditions. To represent General Plan Buildout
conditions, a growth rate will be applied to existing traffic volumes on arterial intersections and
roadway segments. The annual growth rate will be determined based on discussion with City staff
and review of the growth identified in the Orange County Transportation Analysis Model
(OCTAM). LSA is an approved traffic modeling consultant with OCTA to utilize the OCTAM
model and will obtain OCTA's permission to use it for purposes of this study.
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LSA ASSOCIATES, INC.
Existing Conditions Analysis. Existing daily (weekday and weekend), a.m., midday (weekday and
weekend), and p.m. peak -hour traffic conditions and LOS will be analyzed based on the count data
collected. For signalized intersections, the Intersection Capacity Utilization (ICU) method and the
Highway Capacity Manual (HCM) methodology will be used. The ICU method satisfies the City's
LOS policies and procedures. The HCM method will be used primarily to identify available left -turn
lane storage and potential queues at intersections (using the Synchro software).
For unsignalized intersections and project driveways, the HCM methodology will be used. Roadway
segments will be analyzed based on the HCM link methodology, per City guidelines.
LSA will review the 1 2-month accident data and identify locations that exceed the City's accident
threshold (i.e., five or more). A figure of the high accident locations will be prepared. Physical and/or
operational improvements to intersections or roadway segments will be recommended based on the
cause and location of the accidents.
LSA will present a comparison of traffic volumes along Seal Beach Boulevard between the current
count data (2012) and historical data collected prior to construction of the nearby freeway
improvements on I -405, I -605 and SR -22. The purpose of this comparison is to identify whether an
increase in traffic along the Seal Beach Boulevard corridor has occurred over the last few years, with
the primary reason being freeway avoidance and detour traffic due to construction activities.
A comparison will also be made identifying the resultant trip generation of the project site based on
the collection of inbound and outbound driveway count data with standard traffic engineering trip
generation estimates from the Institute of Transportation Engineers (ITE). LSA will utilize the ITE
Trip Generation manual (Eighth Edition) to determine the total number of daily, a.m., midday, and
p.m. peak -hour trips that would be generated on site for a shopping center (ITE Land Use Code 820).
This will be compared to the actual existing count data to determine whether the mix of uses on site
generate less traffic than anticipated. A discussion of internal trip capture and pass -by trips will be
included in this comparison.
Existing Plus Full Occupancy Condition. The Existing Condition will be modified based on
unoccupied, under construction, and future buildings within the project site. Daily (weekday and
weekend), a.m., midday (weekday and weekend), and p.m. peak -hour trips will be generated for these
buildings based on trip rates from the latest ITE Trip Generation manual (Eighth Edition). Internal
trip capture and pass -by trip reductions based on the ITE Handbook will be discussed with City staff
prior to the analysis. LSA will manually distribute the trips for each building based on a select zone
assignment from the OCTAM traffic model (prepared by LSA). The trip assignment of each building
will be added to the existing counts to develop the Existing Plus Full Occupancy Condition. LOS at
the study area intersections, roadway segments, and project driveways will be identified based on the
methods described above. Potential queuing at intersection left -turn lanes will be included in the
analysis of this condition. Physical and/or operational improvements will be recommended for
locations that exceed the City's LOS standards.
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LSA ASSOCIATES, INC.
Existing Plus Full Occupancy Plus Residential Alternatives Condition. The Existing Plus Full
Occupancy Condition will be modified to analyze two alternative scenarios: (1) the addition of 33
apartment units within the project site, and (2) the addition of 66 apartment units within the project
site. Daily (weekday and weekend), a.m., midday (weekday and weekend), and p.m. peak -hour trips
will be generated for the residential scenarios based on trip rates from the latest ITE Trip Generation
manual (Eighth Edition) including potential internal trip capture. LSA will manually distribute the
trips for this use based on a select zone assignment from the OCTAM traffic model (prepared by
LSA). The trip assignment for each scenario will be added to the Existing Plus Full Occupancy
Condition to develop the Existing Plus Full Occupancy Plus Residential Alternative Condition. LOS
at the study area intersections, roadway segments, and project driveways will be identified based on
the methods described above. Potential queuing at intersection left-turn lanes will be included in the
analysis of this condition. Physical and/or operational improvements will be recommended for
locations that exceed the City's LOS standards.
Future General Plan Buildout (Full Occupancy) Traffic Condition. Traffic conditions for the
future long -range condition, corresponding to the buildout of the City's General Plan, will be
analyzed in the traffic study. The future traffic conditions will be developed based on an annual
growth rate applied to the existing traffic volumes at arterial intersections and roadway segments to
represent the 20 -year horizon. Initially, an annual growth rate of 1 percent per year will be applied.
However, a total of 20 percent over the next 20 years may be too conservative for this built -out
community. LSA will review the growth identified in the OCTAM traffic model and discuss with
City staff which rate is appropriate for this analysis
LOS at the study area intersections and roadway segments will be identified based on the methods
described above. Potential queuing at intersection left -turn lanes will be included in the analysis of
this condition. Physical and/or operational improvements will be recommended for locations that
exceed the City's LOS standards.
Future General Plan Buildout (Full Occupancy) Plus Residential Alternatives. The Future
General Plan Buildout (Full Occupancy) Condition will be modified to analyze two alternative
scenarios: (1) the addition of 33 apartment units within the project site, and (2) the addition of 66
apartment units within the project site. Daily (weekday and weekend), a.m., midday (weekday and
weekend), and p.m. peak -hour trips will be generated for the residential scenarios based on trip rates
from the latest ITE Trip Generation manual (Eighth Edition) including potential internal trip capture.
LSA will manually distribute the trips for this use based on a select zone assignment from the
OCTAM traffic model. The trip assignment for each scenario will be added to the Future General
Plan Buildout (Full Occupancy) Condition to develop the Future General Plan Buildout (Full
Occupancy) Plus Residential Alternative Condition. LOS at the study area intersections, roadway
segments, and project driveways will be identified based on the methods described above. Potential
queuing at intersection left-turn lanes will be included in the analysis of this condition. Physical
and/or operational improvements to locations that exceed the City's LOS standards will be identified.
Pre - Freeway Construction (2009) Plus Full Occupancy Condition. A scenario will be established
that represents the Existing Condition prior to construction on I -405, I -605, and SR -22. The Pre-
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LSA ASSOCIATES, INC.
Freeway Construction condition will be developed based on 2009 data, and modified based on
unoccupied, under construction, and future buildings within the project site for 2009 conditions.
Daily (weekday and weekend), a.m., midday (weekday and weekend), and p.m. peak -hour trips will
be generated for these buildings based on trip rates from the latest ITE Trip Generation manual (8th
Edition). Internal trip capture and pass -by trip reductions based on the ITE Handbook will be
discussed with City staff prior to the analysis. LSA will manually distribute the trips for each building
based on a select zone assignment from the OCTAM traffic model (prepared by LSA). The trip
assignment of each building will be added to the 2009 existing counts to develop the Pre - Freeway
Construction (2009) Plus Full Occupancy Condition. LOS at the study area intersections and roadway
segments will be identified based on the methods described above for locations where this data is
available. Physical and/or operational improvements will be recommended for locations that exceed
the City's LOS standards.
Pre - Freeway Construction (2009) Plus Full Occupancy Plus Residential Alternatives Condition.
The Pre - Freeway Construction Plus Full Occupancy Condition will be modified to analyze two
alternative scenarios: (1) the addition of 33 apartment units within the project site, and (2) the
addition of 66 apartment units within the project site. Daily (weekday and weekend), a.m., midday
(weekday and weekend), and p.m. peak -hour trips will be generated for the residential scenarios
based on trip rates from the latest ITE Trip Generation manual (8th Edition), including potential
internal trip capture. LSA will manually distribute the trips for this use based on a select zone
assignment from the OCTAM traffic model (prepared by LSA). The trip assignment for each scenario
will be added to the Pre - Freeway Construction (2009) Plus Full Occupancy Condition to develop the
Pre - Freeway Construction Plus Full Occupancy Plus Residential Alternative Condition. LOS at the
study area intersections, roadway segments, and project driveways will be identified based on the
methods described above. Physical and/or operational improvements will be recommended for
locations that exceed the City's LOS standards.
Project Driveway Analysis. An on -site circulation and access analysis of the proposed internal
circulation system will be performed based on the collection of existing count data at the project
driveways. LOS will be prepared for the project driveways in the Existing Plus Full Occupancy
condition for the highest hour in the weekday and weekend based on the 24 -hour driveway counts.
Physical and/or operational improvements to locations that exceed the City's LOS standards will be
identified as appropriate. LSA will review the utilization of each driveway and recommend any
locations that could be consolidated.
Preparation of Traffic Study. A technical study will be prepared discussing the conditions described
above. Identification of intersection, roadway, and on -site improvements required to accommodate
buildout of the center in existing, future and pre- freeway construction conditions will be provided.
The draft report will follow the format and guidelines of the City's Traffic Impact Study
requirements. Tables and figures will be included in the study to present the data and results in an
easy -to- understand manner.
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LSA ASSOCIATES, INC.
PARKING DEMAND ANALYSIS: SCOPE OF SERVICES
The purpose of this analysis is to identify the parking requirement for this shopping center, based on
the City of Seal Beach's minimum number of required off - street parking stalls and based on the peak
parking demand identified through hourly observations. The result of this analysis will determine
whether an adequate parking supply exists to accommodate build out of the center. The following
scope of work identifies the tasks required to complete this parking analysis.
Building Tenant Data Collection. LSA will work with City staff to identify the existing buildings,
gross square footage, land uses (i.e., retail, restaurant, office, etc.), current and future tenants
(occupancy), and hours of operation of each tenant on site. LSA will research the City's parking
requirements for the center based on the parking rates within the City's Municipal Code. A site visit
is included in this task to obtain missing information and confirm the occupancies on site. Please note
that much of this information will be obtained from City staff as part of the Traffic Impact Analysis
task described above.
Parking Surveys. Because of the mixed -use character of the project, the demand for each land use
may peak during different times of the day. In order to identify the existing peak parking demand, the
existing center will be surveyed. Based on the existing layout of the site, LSA will divide the
shopping center's parking lots into individual parking zones. Hourly parking accumulation surveys
(in 60- minute intervals) will be conducted for one weekday and one Saturday between 8:00 a.m. and
8:00 p.m. (for each parking zone). National Data & Surveying Services (NDS) will be the
independent parking survey company conducting these observations.
Upon receipt of the data, adjustments will be made to account for tenant vacancies within the retail
center. The parking demand for the unoccupied spaces will be based on the City's parking rates and
the utilization (time of day) factors identified in the ULI Shared Parking manual (Second Edition). In
discussions with City staff, LSA will decrease the parking supply based on the footprint of the
proposed residential units and increase the demand based on the City's parking rates for apartments
and the ULI shared parking utilization percentages.
Parking Analysis. LSA will prepare a parking matrix that identifies the existing peak hour of parking
demand and the modified peak parking demand based on full occupancy of the center and full
occupancy plus the residential alternatives. The results will determine whether the existing parking
supply can accommodate the peak parking demand for these scenarios.
The traffic and parking analysis will be revised based on one set of comments received by City staff.
Hard copies and an electronic copy will be provided to the City. For budgetary purposes, LSA staff
will attend up to four meetings with City staff during preparation of the traffic and parking study and
to present the draft results. LSA staff will be available for a City Council presentation of the project
study.
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LSA ASSOCIATES, INC.
BUDGET ESTIMATE
LSA has years of experience in working on similar traffic and parking studies and understands what
is required and the amount of time necessary to complete these tasks. Based on the tasks identified
above, LSA requests a total budget of $74,918. This budget includes $52,307 for preparation and
analysis of the traffic impact analysis (including $6,406.50 for data collection), $12,791 for
preparation and analysis of the parking study (including $3,021 for data collection) and $9,820 for
revisions, meetings, and overall project management. This budget will be billed on an hourly "not to
exceed" basis, consistent with the standard contract provisions (attached). This budget will not be
exceeded without your prior approval. Your signature below will provide your acceptance of this
proposal and will act as LSA's authorization to proceed. A draft traffic and parking analysis will be
submitted to the City for review within 8 weeks of the notice to proceed.
LSA appreciates the opportunity to provide consulting services to the City of Seal Beach. If you have
any questions, please call me at (949) 553 -0666.
Sincerely,
LSA ASSOCIATES, INC.
en Wilhelm
Principal
Attachments: A: National Data & Surveying Services Cost Estimate
B: Schedule of Standard Contract Provisions and Billing Rates
THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED.
CLIENT:
Company
Authorized Signature
Title
Date
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8
LSA ASSOCIATES, INC. PROVESSIONAL SERVICES PROPOSAL
FEBRUARY 2012 THE SHOPS AT ROSSMOOR TRAFFIC AND PARRINO ANALYSIS
ATTACHMENT A
NATIONAL DATA & SURVEYING SERVICES COST ESTIMATE
L:\PROPOSAL\ZZZ2091A1 - Rossmoor Shops TIA\Rossmoor Shops TIA.pro.doc «02/15/12»
Date
ESTIMATE #
02/13/2012
SEAL BEACH
Signature
NP-.4
National Data & Surveying Services
NDS is parent company All Traffic Data, FDS & SCC
8370 Wilshire Blvd., Suite 205
Beverly Hills, CA 90211
PHONE
(323) 782-0090
ESTIMATE
FAX
(323) 375-1666
Page 1
E -MAIL
orders@ndsdata.com
Name / Address
LSA ASSOCIATES
20 EXECUTIVE PARK SUITE 200
IRVINE, CA 92614
P.O. No.
Contact
KW
Item
Description
Qty
Rate
Total
ADT -010R
ADT -010R
ADT -010R
ADT -010R
ITM -01OR
ITM -01OR
ITM -01OR
24 -HOUR WEEKDAY MACHINE TUBE COUNTS AT 15 DRIVEWAYS
THAT ACCESS THE PROJECT SITE
24 -HOUR WEEKDAY MACHINE TUBE COUNTS ALONG 10 ROADWAY
SEGMENTS IN- BETWEEN THE STUDY AREA INTERSECTIONS
24 -HOUR SATURDAY MACHINE TUBE COUNTS AT 15 DRIVEWAYS
THAT ACCESS THE PROJECT SITE
24 -HOUR SATURDAY MACHINE TUBE COUNTS ALONG 10 ROADWAY
SEGMENTS IN- BETWEEN THE STUDY AREA INTERSECTIONS
6 -HOUR (7 -9AM, 11AM -IPM & 4 -6PM) INTERSECTION TURNING
MOVEMENT COUNTS
(1 PERSON COUNTS) AT 10 LOCATIONS
6 -HOUR (7 -9AM, 11AM -1PM & 4 -6PM) INTERSECTION TURNING
MOVEMENT COUNTS
(2 PERSON COUNTS) AT 2 LOCATIONS
2 -HOUR SATURDAY INTERSECTION TURNING MOVEMENT COUNTS
(1 PERSON COUNTS) AT 10 LOCATIONS
15
10
15
10
10
2
10
48.00
48.00
48.00
48.00
251.00
502.00
110.00
720.00
480.00
720.00
480.00
2,510.00
1,004.00
1,100.00
Total
Signature
NP-.4
National Data & Surveying Services
NDS is parent company All Traffic Data, FDS & SCC
8370 Wilshire Blvd., Suite 205
Beverly Hills, CA 90211
PHONE
(323) 782-0090
ESTIMATE
FAX
(323) 375-1666
Page 1
E -MAIL
orders@ndsdata.com
Date
ESTIMATE #
02/13/2012
SEAL BEACH
National Data & Survejring Services
NDS is parent company All Traffic Data, FDS & SCC
8370 Wilshire Blvd., Suite 205
Beverly Hills, CA 90211
Signature
Ate
I ! �J
PHONE
(323) 782-0090
ESTIMATE
FAX
(323) 375-1666
Page 2
E -MAIL
orders@ndsdata.com ndsdata.com
Name / Address
LSA ASSOCIATES
20 EXECUTIVE PARK SUITE 200
IRVINE, CA 92614
P.O. No.
Contact
KW
Item
Description
Qty
Rate
Total
ITM -01 OR
PKG -01
CD
2 -HOUR SATURDAY INTERSECTION TURNING MOVEMENT COUNTS
(2 PERSON COUNTS) AT 2 LOCATIONS
PARKING UTILIZATION SURVEYS (EVERY HOUR) FOR ONE
WEEKDAY AND ONE SATURDAY FROM 8 AM TO 8 PM
Volume Discount - 10%
2
1
220.00
3,021.00
- 1,047.50
440.00
3,021.00
- 1,047.50
Total $9 ,427.50
National Data & Survejring Services
NDS is parent company All Traffic Data, FDS & SCC
8370 Wilshire Blvd., Suite 205
Beverly Hills, CA 90211
Signature
Ate
I ! �J
PHONE
(323) 782-0090
ESTIMATE
FAX
(323) 375-1666
Page 2
E -MAIL
orders@ndsdata.com ndsdata.com
LSA ASSOCIATES. INC. PROVESSIONAL SERVICES PROPOSAL
FEBRUARY 2012 THE SHOPS AT ROSSMOOR TRAFFIC AND PARKING ANALYSIS
ATTACHMENT B
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
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LSA ASSOCIATES, INC.
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed -Fee Contracts
If a fixed -fee proposal, the professional services described in the Scope of Services Section of the
attached proposal shall be provided for the fixed fee noted in the proposal. All other professional
services are considered extra services. Extra services shall be provided on a time and expenses basis
at the same rates specified for hourly contracts, unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the Scope of Services
Section of the attached proposal shall be provided on a time and materials basis at current hourly
rates. These rates are as shown on a Rate Schedule that is attached, or can be made available. Hourly
rates are subject to review at least annually on or about August 1 of each year, and may be adjusted to
reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon
request.)
Direct costs (including cost of subconsultants) shall be reimbursed at cost plus ten percent, unless
other arrangements are made in advance, and are not included in the hourly fee for professional
services.
The total estimated amount of time and expenses noted in the proposal will serve as a control on the
services to be provided. The specified amount will not be exceeded without prior approval of the
client.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date. Clients
requesting changes to LSA's standard invoice may be billed for the time to develop the invoice and
monthly administration of the billing.
PAYMENT OF ACCOUNTS
Terms are net 30 days. LSA offers a one percent discount on invoices paid within 30 days of the
invoice date. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be
applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs
incurred in collecting any delinquent amount shall be paid by the client.
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1
LSA ASSOCIATES, INC.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently practicing
under similar circumstances.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective
officers, employees, agents, and representatives from and against liability for all claims, losses,
damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses,
damages, and expenses are caused by the indemnifying party's negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known
as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data,
graphic, or other types that are furnished by LSA to client are only for convenience of client. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
When transferring documents in electronic media format, LSA makes no representations as to long-
term compatibility, usability, or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those of LSA at the
beginning of the assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance
of its obligation results from any cause beyond its reasonable control and without its negligence.
LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof,
the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether
or not such action is prosecuted to judgment.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing, and shall be
deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or
registered, and addressed to the parties as set forth in the proposal or to such other address as either
party shall have previously designated by such notice. Any notice so delivered personally shall be
deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received
five (5) days after the date on which it was mailed.
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2
LSA ASSOCIATES. INC.
TERMINATION OF CONTRACT
Client may terminate this agreement with seven days prior notice to LSA for convenience or cause.
Consultant may terminate this Agreement for convenience or cause with seven days prior written
notice to client. Failure of client to make payments when due shall be cause for suspension of
services, or ultimately termination of the contract, unless and until LSA has been paid in full all
amounts due for services, expenses, and other related charges.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be
considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise
specified in the proposal.
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3
LSA ASSOCIATES. INC.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently practicing
under similar circumstances.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective
officers, employees, agents, and representatives from and against liability for all claims, losses,
damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses,
damages, and expenses are caused by the indemnifying party's negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known
as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data,
graphic, or other types that are furnished by LSA to client are only for convenience of client. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole risk.
When transferring documents in electronic media format, LSA makes no representations as to long-
term compatibility, usability, or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those of LSA at the
beginning of the assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance
of its obligation results from any cause beyond its reasonable control and without its negligence.
LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof,
the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether
or not such action is prosecuted to judgment.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing, and shall be
deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or
registered, and addressed to the parties as set forth in the proposal or to such other address as either
party shall have previously designated by such notice. Any notice so delivered personally shall be
deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received
five (5) days after the date on which it was mailed.
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2
LSA ASSOCIATES. INC.
TERMINATION OF CONTRACT
Client may terminate this agreement with seven days prior notice to LSA for convenience or cause.
Consultant may terminate this Agreement for convenience or cause with seven days prior written
notice to client. Failure of client to make payments when due shall be cause for suspension of
services, or ultimately termination of the contract, unless and until LSA has been paid in full all
amounts due for services, expenses, and other related charges.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be
considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise
specified in the proposal.
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3
Job Classification
Hourly Rate
Range'•
Planning
Environmental
Transportation
Air/Noise
Cultural Resources
Biology
GIS
Principal
Principal
Principal
Principal
Principal
Principal
Principal
$135 -300
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$95 -195
Senior Planner
Senior Environmental
Planner
Senior Transportation
Planner/Engineer
Senior Air Quality/
Noise Specialist
Senior Cultural
Resources Manager
Senior Biologist/Botanist/
Wildlife Biologist/
Ecologist/Soil Scientist/
1-Ierpetologist/Arborist
Senior GIS
Specialist
$70 -170
Planner
Environmental Planner
Transportation Planner/
Engineer
Air Quality/Noise
Specialist
Cultural Resources
Manager
Biologist/Botanist/Wildlife
Biologist/Ecologist /Soil
Scientist/Herpetologist /
Arborist
GIS Specialist
$75 -115
Assistant Planner
Assistant
Environmental Planner
Assistant Transportation
Planner/Engineer
Air Quality/Noise
Analyst
Cultural Resources
Analyst
Assistant Biologist/
Botanist/Wildlife Biologist/
Ecologist/Soil Scientist/
Herpetologist/Arborist
Assistant GIS
Specialist
$50 -100
Feld Services
Senior Field Crew /Field Crew
$50-85
Office Services
Research Assistant/Technician
$30-55
Graphics
$95 -115
Office Assistant
$55 -95
Word Processing/Technical Editing
$75 -95
LSA ASSOCIATES. INC.
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HOURLY BILLING RATES EFFECTIVE AUGUST 2011
The hourly rate for work involving actual expenses in court, giving depositions or similar expert testimony, will be billed at $400 per hour regardless of job classifications.
2 Hourly rates are subject to review at least annually, on or about August 1 of each year, and may be adjus ed to reflect changing labor costs at LSA's discretion at that time.
4
LSA ASSOCIATES, INC.
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LSA IN -HOUSE DIRECT EXPENSES
AUGUST 2011
5
Unit Cost
Reproduction (8.5 x 11) B/W
$.07 per page
Reproduction (8.5 x 11) Color
$.40 per page
Reproduction (11 x 17) B/W
$.10 per page
Reproduction (11 x 17) Color
$.75 per page
CD Production
$5.00 per CD
Plotting
$3.75 per sf
Mileage On Road
$.555 per mile
Mileage Off -Road
$.705 per mile
GPS Unit
$75.00 per day
Total Station Surveying Instrument
$50.00 per day
Level (Laser or Optical)
$25.00 per day
Laser Rangefinder
$25.00 per day
Sound Meter
$75.00 per day
Aerial Photo
Cost
Boat Rental
$50.00 /day
Water Quality Meter
$25.00 /day
LSA ASSOCIATES, INC.
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LSA IN -HOUSE DIRECT EXPENSES
AUGUST 2011
5
Tasks
Ken
Wilhelm
Pritam
Deshmukh
Arthur
Black
Rohit
Itadkar
Gra.hics
Word
Processin:
Total
Hours
Reimb.
Total
Cost
$175.00
$145.00
$100.00
$75.00
$120.00
$75.00
1 Hourl Rate
Start U. /Data Collection
8
8
8
8
-_
32
$6,407
$10,367
Existin: Condition
8
16
20
60
8
-
112
$100
$11,280
Existing Plus Full Occu.anc
4
2
30
2
-
-
$3,480
Existin: Plus Residential Alternatives
4
2
30
2
38
$3,480
Future General Plan
4
8
30
2
44
-
$4,350
Future General Plan Plus Residential Altematives
4
2
30
2
38
$3,480
Pre- Construction Condition
4
2
30
2
38
$100
$3.580
Pre- Construction Plus Residential Alternatives
4
2
30
2
38
$3,480
Pro'ect Drivewa Anal sis
4
4
24
2
34
$3,320
Traffic Stud Pre.aration
8
12
24
4
48
$250
$5,490
Buildin: Tenant Data Collection
4
8
2
14
$100
$1,840
Parkin: Surve s
4
24
2
30
$3,021
$6,361
Parkin: Anal sis Pre .aration
8
24
2
4
38
$250
$4,590
Revisions
8
8
8
16
4
44
$100
$4,960
Meetin_• s and Council Meetin:
12
12
2
6
32
$100
$4,860
TOTAL HOURS
88
78
94
312
34
12
618
-
TOTAL COST
$15,400
$11,310
$9,400
$23,400
$4,080
$900
$64,490
$10,428
$74,918
City of Seal Beach Shops at Rossmoor Traffic Labor and Budget Estimate
ATTACHMENT "B"
Wieland Acoustics
RESOLUTION NUMBER 6232
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH WIELAND ACOUSTICS FOR A NOISE IMPACT STUDY
FOR THE TRAFFIC NORTH OF THE 405 FREEWAY
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves a Professional Service
Agreement between the City of Seal Beach and Wieland Acoustics
for $6,510 to prepare a Noise Impact Study for the traffic north of
the 405 freeway.
Section 2. The City Council hereby authorizes the City Manager to execute
the Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 27th day of February , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mayor
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6232 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 27th day of February , 2012.
City Clerk
S7296- 0001 \1236808v1.doc
PROFESSIONAL SERVICES AGREEMENT
Between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Wieland Acoustics, Inc.
1371 Warner Avenue, Suite A
Tustin, CA 92780
949 474 -1222 Phone
This Professional Service Agreement ( "the Agreement ") is made as of February 27,
2011 (the "Effective Date "), by and between Wieland Acoustics, Inc..( "Consultant "), a
Acoustical Consulting Company and the City of Seal Beach ( "City "), a California charter
city, (collectively, "the Parties ").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City
with such services.
NOW THEREFORE, in consideration of the Parties' performance of the
promises, covenants, and conditions stated herein, the Parties hereto agree as
follows.
1.0 Scope of Services
2.0 Term
3.0 Consultant's Compensation
S7296 -0001 \1236808v1.doc
AGREEMENT
1.1. Consultant shall provide services to support the City of Seal Beach
with response to provide acoustical consulting services, to study the current
traffic conditions north of the 405 Freeway.
1.2. Consultant shall perform all Services under this Agreement in
accordance with the standard of care generally exercised by like professionals
under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all
applicable provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not
specified in the Scope of Services unless the City authorizes such work in
advance and in writing. The City Manager may authorize payment for such work
up to a cumulative maximum of $10,000. Payment for additional work in excess
of $10,000 requires prior City Council authorization.
This term of this Agreement shall commence as of the Effective Date and
shall continue for a term of 1 year unless previously terminated as provided by
this Agreement.
City will pay Consultant in accordance with the hourly rates shown on the
fee schedule set forth in Exhibit A for Services but in no event will the City pay
more than $6,510. Any additional work authorized by the City pursuant to
Section 1.4 will be compensated in accordance with the fee schedule set forth in
Exhibit A.
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4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services
rendered pursuant to this Agreement. Such invoices shall be submitted within 15
days of the end of the month during which the services were rendered and shall
describe in detail the services rendered during the period, the days worked,
number of hours worked, the hourly rates charged, and the services performed
for each day in the period. City will pay Consultant within 30 days of receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll
and other required taxes, or other authorized deductions from payments made to
Consultant.
4.2. Upon 24 -hour notice from City, Consultant shall allow City or City's
agents or representatives to inspect at Consultant's offices during reasonable
business hours all records, invoices, time cards, cost control sheets and other
records maintained by Consultant in connection with this Agreement. City's
rights under this Section 4.2 shall survive for two years following the termination
of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by
Consultant based on reasonable cause, upon giving the other party written notice
thereof not Tess than 30 days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to
Consultant if Consultant fails to provide satisfactory evidence of renewal or
replacement of comprehensive general liability insurance as required by this
Agreement at least 20 days before the expiration date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this
Agreement.
6.2. David L. Wieland is the Consultant's primary representative for
purposes of this Agreement.
7.0 Notices
7.1. All notices permitted or required under this Agreement shall be
deemed made when personally delivered or when mailed 48 hours after deposit
in the United States Mail, first class postage prepaid and addressed to the party
at the following addresses:
S7296-0001 \1 236808v 1. d oc
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To City:
S7296 -0001 \1236808v1.doc
To Consultant:
8.0 Independent Contractor
9.0 Subcontractors
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Attn: City Manager
Wieland Acoustics, Inc.
1371 Warner Avenue, Suite A
Tustin, CA 92780
949 474 -1222 (phone)
Attn: David L. Wieland
7.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
8.1. Consultant is an independent contractor and not an employee of
the City. All services provided pursuant to this Agreement shall be performed by
Consultant or under its supervision. Consultant will determine the means,
methods, and details of performing the services. Any additional personnel
performing services under this Agreement on behalf of Consultant shall also not
be employees of City and shall at all times be under Consultant's exclusive
direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of services
under this Agreement and as required by law. Consultant shall be responsible
for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all
liability, damages, claims, costs and expenses of any nature to the extent arising
from Consultant's personnel practices. City shall have the right to offset against
the amount of any fees due to Consultant under this Agreement any amount due
to City from Consultant as a result of Consultant's failure to promptly pay to City
any reimbursement or indemnification arising under this Section.
No portion of this Agreement shall be subcontracted without the prior
written approval of the City. Consultant is fully responsible to City for the
performance of any and all subcontractors.
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10.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement
whether by assignment or novation, without the prior written consent of City. Any
purported assignment without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that Consultant has secured all
insurance required under this Section. Consultant shall furnish City with original
certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf, and shall be on forms provided by the City if
requested. All certificates and endorsements shall be received and approved by
the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
11.2. Consultant shall, at its expense, procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance
of this Agreement. Insurance is to be placed with insurers with a current A.M.
Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City. Coverage shall be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code
1 (any auto); and, if required by the City, (3) Professional Liability. Consultant
shall maintain limits no less than: (1) General Liability: $2,000,000 per
occurrence for bodily injury, personal injury and property damage and if
Commercial General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Professional Liability: $1,000,000 per
claim /aggregate.
11.3. The insurance policies shall contain the following provisions, or
Consultant shall provide endorsements on forms supplied or approved by the
City to state: (1) coverage shall not be suspended, voided, reduced or canceled
except after 30 days prior written notice by certified mail, return receipt
requested, has been given to the City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage shall
be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain
S7296- 0001 \1236808v1.doc
5 of 9
of coverage excess of the Consultant's scheduled underlying coverage and that
any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of the Consultant, including materials, parts
or equipment furnished in connection with such work; and (5) for automobile
liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section shall contain standard
separation of insureds provisions and shall not contain any special limitations on
the scope of protection afforded to the City, its directors, officials, officers,
employees, agents, and volunteers.
11.5. Any deductibles or self- insured retentions shall be declared to and
approved by the City. Consultant guarantees that, at the option of the City,
either: (1) the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects the City, its directors, officials, officers, employees,
agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant shall defend, indemnify, and hold the City, its officials, officers,
employees, volunteers and agents serving as independent contractors in the role
of city officials (collectively "Indemnitees ") free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any acts or omissions of Consultant, its
employees, or its agents in connection with the performance of this Agreement,
including without limitation the payment of all consequential damages and
reasonable attorneys' fees and other related costs and expenses, except for
such loss or damage arising from the sole negligence or willful misconduct of the
City. With respect to any and all such aforesaid suits, actions, or other legal
proceedings of every kind that may be brought or instituted against Indemnitees,
Consultant shall defend Indemnitees, at Consultant's own cost, expense, and
risk, and shall pay and satisfy any judgment, award, or decree that may be
rendered against Indemnitees. Consultant shall reimburse City and its directors,
officials, officers, employees, agents and /or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the
S7296 -0001 \1236808v 1.doc
6 of 9
City, its directors, officials, officers, employees, agents or volunteers. All duties
of Consultant under this Section shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity
employer. Consultant shall not discriminate against any subcontractor,
employee, or applicant for employment because of race, religion, color, national
origin, handicap, ancestry, sex, sexual orientation, or age. Such non-
discrimination includes, but is not limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Workers' Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and
agrees to comply with such provisions before commencing the performance of
the Services.
15.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect
to the subject matter hereof, and supersedes all prior negotiations,
understandings, or agreements. This Agreement may only be modified by a
writing signed by both parties.
16.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall
not void or affect the validity of the other provisions of this Agreement.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either
party as a result of this Agreement.
19.0 Waiver
No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
S7296-0001 \1 2 36808 v 1, d o c
7 of 9
privilege, or service voluntarily given or performed by a party shall give the other
party any contractual rights by custom, estoppel, or otherwise.
20.0 Prohibited Interests; Conflict of Interest
20.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or
which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Consultant shall
avoid the appearance of having any interest, which would conflict in any manner
with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may
likely make Consultant "financially interested" (as provided in California
Government Code § §1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
20.2. Consultant further warrants and maintains that it has not employed
or retained any person or entity, other than a bona fide employee working
exclusively for Consultant, to solicit or obtain this Agreement. Nor has
Consultant paid or agreed to pay any person or entity, other than a bona fide
employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this
Agreement. Upon any breach or violation of this warranty, City shall have the
right, at its sole and absolute discretion, to terminate this Agreement without
further liability, or to deduct from any sums payable to Consultant hereunder the
full amount or value of any such fee, commission, percentage or gift.
20.3. Consultant warrants and maintains that it has no knowledge that
any officer or employee of City has any interest, whether contractual, non -
contractual, financial, proprietary, or otherwise, in this transaction or in the
business of Consultant, and that if any such interest comes to the knowledge of
Consultant at any time during the term of this Agreement, Consultant shall
immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under
applicable laws as described in this subsection.
21.0 Attorneys' Fees
If either party commences an action against the other party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from
the losing party all of its attorneys' fees and other costs incurred in connection
therewith.
S7296- 0001 \1236808v1.doc
8 of 9
By:
Attest:
By:
By:
22.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the
Agreement as if set forth in full herein. In the event of any material discrepancy
between the terms of any exhibit so incorporated and the terms of this
Agreement, the terms of this Agreement shall control.
23.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants
that he or she is duly authorized to execute this Agreement on behalf of said
Party and that by his or her execution, the Consultant is formally bound to the
provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto, through their respective
authorized representatives have executed this Agreement as of the date and
year first above written.
CITY OF SEAL BEACH CONSULTANT
Jill R. Ingram, City Manager
Linda Devine, City Clerk
Approved as to Form:
Quinn Barrow, City Attorney
S7296- 0001 \1236808v1.doc
By:
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Name: David L. Wieland
Its: Principal Consultant
By:
Name:
Its:
1. WIELAND
ACOUSTICs
noise & vibration consultants
•
www.wielandacoustics.com
February 10, 2012 Proposal File P2306 -12
(Revised February 13, 2012)
Mr. Mark Persico
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740 -6379
Subject: Proposed Noise Monitoring Services for The Shops at Rossmoor in Seal Beach, CA
Dear Mr. Persico:
We are pleased to propose the following scope of work, terms and conditions to provide acoustical
consulting services for the above - mentioned project. This proposal, fully executed, constitutes an
Agreement by and between The City of Seal Beach ( "Client ") and Wieland Acoustics, Inc.
( "Consultant ") effective upon the date of execution by Client.
1 Scope of Work
WIELAND ACOUSTICS, INC.
1371 Warner Avenue, Suite A
Tustin, CA 92780
Tel: 949.474.1222
1. We will conduct exterior noise monitoring at the residential community located on the north
side of Rossmoor Center Way, adjacent to The Shops at Rossmoor. The following general
methodology will be employed:
a. Prior to any noise monitoring, we will conduct a site review to familiarize ourselves with the
layout of the residential community and the surrounding commercial properties.
b. Two noise monitoring locations will be selected within the southeast portion of the
residential community, toward the loading dock area of Sprouts Farmers Market. One noise
monitor will be placed at first floor height and the other will be placed at second floor
height. The first -floor noise monitoring location will be on, or adjacent to, a habitable
portion of the residential property, such as a yard or landscaped common area. The second -
floor noise monitoring location will be adjacent to the residential building closest to the
southeast corner of the residential community (it is anticipated that this measurement will
be obtained by utilizing an extended tripod mounting system or by placing a standard tripod
system on the roof of the carport that is located adjacent to the residential building).
c. Three separate monitoring sessions will be conducted. If possible, monitoring will be
conducted on Monday, Wednesday, and Friday within the same week. However, this timing
may need to be revised based upon prevailing conditions such as inclement weather.
d. Each monitoring session will be conducted for a three -hour period from 6:00 a.m. to 9 a.m.
1
WIELAND
ACOUSTICS
noise B v :bration consultants
2 Exclusions
3 Experience
CITY OF SEAL BEACH
The Shops at Rossmoor Noise Monitoring
Proposal File P2306 -12
The residential community appears to be gated. It is understood that Client will coordinate with
the appropriate parties within the community to ensure that Wieland Acoustics staff can obtain
the necessary access to the community.
2. We will analyze the measurement data obtained during Task 1, above.
3. We will assess the impact of noise from commercial activities at The Shops at Rossmoor relative
to the exterior noise standards of the City of Seal Beach Municipal Code.
4. We will prepare a draft report of findings.
5. We will respond to Client comments or questions regarding the draft report.
6. We will prepare a final report that addresses the relevant Client comments or questions.
All reports will be submitted in electronic (PDF) format. Please note that the scope of work
contained herein will only provide an assessment of exterior noise levels. Depending on the details
of the data gathered, it may be possible to draw some conclusions about the interior noise levels at
the residences, but this cannot be guaranteed. Compliance with the interior noise standards is best
ascertained with interior noise measurements, but it is understood that such measurements are not
being requested by Client at this time.
It is expressly understood by Client that the following are specifically excluded from Consultant's
scope of services under this Agreement, and Consultant shall not be held liable for the design,
specification, recommendations associated with, implementation or provision of:
1. Consideration of noise from sources other than activities at The Shops at Rossmoor.
2. Any additional noise monitoring beyond that specifically contained in the Scope of Work.
3. Evaluation of noise levels at locations other than the specific monitoring locations discussed in
the scope of work.
4. Evaluation of interior noise levels.
5. Evaluating, recommending, or implementing noise abatement or mitigation measures of any
kind.
6. Attendance at meetings and public hearings. (Such attendance, if required, will be invoiced as an
additional expense.)
The following list provides a summary of some previous projects conducted by Wieland Acoustics
that involved monitoring and assessment of commercial noise sources, including a number of
projects undertaken for the City of Seal Beach:
www.wielandacoustics.com 2
February 13, 2012
WIELAND
ACOUSTICS
noise b v ibration consultants
4 Terms and Conditions
4.1 Indemnification
4.2 Limitation of Liability
CITY OF SEAL BEACH
The Shops at Rossmoor Noise Monitoring
Proposal File P2306 -12
• Project: Measurement of Noise Levels from Main Street Cyclery in Seal Beach, CA.
Client: City of Seal Beach.
• Project: Measurement of Car Wash Noise Levels at 12275 Nantucket Place in Seal Beach, CA.
Client: City of Seal Beach.
• Project: Noise Level Measurements of the Watersafe Swim School in Seal Beach, CA.
Client: City of Seal Beach.
a Project: Measurement of Noise Levels from Activities at the Ahern Rental Facility in Brea, CA.
Client: City of Brea.
e Project: Noise Measurements in the Vicinity of the Costco Distribution Center in Mira Loma, CA.
Client: Mulvanny G2 Architecture.
• Project: Acoustical Evaluation of Loading Dock Noise from the Proposed Target Expansion in
Gardena, CA.
Client: City of Gardena.
• Project: Measurement of Noise Levels at the UPS Trucking Facilities in Pico Rivera and Aliso
Viejo, CA.
Client: Gibson, Dunn & Crutcher, LLP.
• Project: Measurement of Noise Levels from Racing Activities at the Auto Club Speedway in
Fontana, CA.
Client: County of San Bernardino.
• Project: Measurement of Noise Levels Generated by a Motocross Facility in Lake Elsinore, CA.
Client: City of Lake Elsinore.
Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant, its
officers, directors, employees and subconsultants (collectively, "Consultant ") against all damages,
liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any
way connected with the services performed under this Agreement, except for Consultant's
negligence or willful misconduct.
To the maximum extent permitted by law, Client agrees to limit Consultant's liability for Client's
damages to the sum of $50,000, or Consultant's fees, whichever is greater. This limitation shall apply
regardless of the cause of action or legal theory pled or asserted.
www.wielandacoustics.com 3
February 13, 2012
firt kV WIELAND
ACOUSTICS
noise Cs vibration consultants
4.3 Waiver of Consequential Damages
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law,
neither Client nor Consultant, their respective officers, directors, partners, employees, contractors
or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way to the Project or to this Agreement.
This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of
profit, loss of business, loss of income, loss of reputation or any other consequential damages that
either party may have incurred from any cause of action including negligence, strict liability, breach
of contract and breach of strict or implied warranty.
4.4 Third Party Beneficiary
Nothing contained herein shall create a contractual relationship with or a cause of action in favor of
a third party against either Client or Consultant. Consultant's services under this Agreement are
being performed solely for Client's benefit, and no other party or entity shall have any claims against
Consultant because of this Agreement or the performance or nonperformance of services
hereunder.
5 General Provisions
1. All tasks will be completed in a professional manner according to standard practice.
2. Any alteration or deviation from the proposed tasks involving extra costs will be executed only
upon Authorization and will become an extra charge over and above the proposed fee.
3. All agreements are contingent upon strikes, accidents, or delays beyond our control.
4. The work effort and fee authorized as a result of this proposal are valid for 6 (six) months.
6 Fee
Consultant proposes to furnish consulting services in accordance with the above tasks and
conditions for the following fixed fee:
Tasks 1 through 6:
Additional Consultation:
Proiect Changes:
CITY OF SEAL BEACH
The Shops at Rossmoor Noise Monitoring
Proposal File P2306 -12
$6,510.00
Additional tasks conducted or expenses incurred at Clients' request
that are over and above those described in the Scope of Work, will
be invoiced on a time - and - expense basis.
When significant changes to the project, or corrections to the
information that Client has provided, occur after Client's
authorization to proceed and necessitate reiteration of work, or
additional work, the charges for such work will be invoiced as an
additional fee.
www.wielandacoustics.com 4
February 13, 2012
WIELAND
ka ACOUSTICS
Terms: Due on receipt.
7 Termination
Either party may terminate this Agreement with ten (10) days written notice. In the event of
termination, Client shall pay Consultant for all services rendered and all reimbursable costs incurred
by Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
8 Mediation
In the event of a dispute arising out of or relating to this Agreement or the services to be rendered
hereunder, Client and Consultant agree to attempt to resolve such disputes, prior to instigating
formal litigation or arbitration, as follows: (1) the parties agree to attempt to resolve such disputes
through direct negotiations between the appropriate representatives of each party; (2) if such
negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute
by formal non - binding mediation.
This is the entire agreement between The City of Seal Beach and Wieland Acoustics, Inc., and there
are no agreements, conditions, representations or understandings between us except as specifically
set forth herein. If you wish to accept this proposal, please sign below and return one signed copy of
this document to our office.
We appreciate the opportunity to provide you with our proposal for acoustical consulting services,
and look forward to working with you. If you have any questions please feel free to call us at
949.474.1222.
Sincerely,
noise k s'bretinn ccnsultanls
WIELAND ACOUSTICS, INC.
David L. Wieland
Principal Consultant
www.wielandacoustics.com
CITY OF SEAL BEACH
The Shops at Rossmoor Noise Monitoring
Proposal File P2306 -12
5
February 13, 2012
WIEIAND
ACOUSTICS
noise G v■bration consultants
I Hereby Acknowledge and Accept This Proposal:
Mr. Mark Persico, Date
Authorized Signer for the City of Seal Beach
CITY OF SEAL BEACH
The Shops at Rossmoor Noise Monitoring
Proposal File P2306 -12
[Please note: Signing this proposal indicates acceptance of our offer and creates a
contract to be performed according only to the express scope of work, terms and
conditions included herein. If you intend to submit your own contract, the Scope of
Work and Exclusions must be incorporated by reference.]
www.wielandacoustics.com 6
February 13, 2012