HomeMy WebLinkAboutCC AG PKT 2007-09-24 #T
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AGENDA REPORT
DATE: September 24,2007
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: PROFESSIONAL SERVICES AGREEMENT - ON
CALL NOISE MONITORING SERVICES
PLANNING DEPARTMENT
SUMMARY OF REOUEST:
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The proposed City Council action will authorize the City Manager to execute an
additional professional services agreement to allow for use of an additional noise
consultant for on-call noise monitoring services in conjunction with applicable code
enforcement actions and other City studies.
BACKGROUND:
Over the past 12-15 months the City has been receiving an increasing number of code
violation complaints regarding violations of the noise levels as set forth in Article 7,
Chapter 7.15, Noise. The complaints have primarily been regarding long-term
continuous or intermittent noise occurrences that are believed to violate the provision of
Chapter 7.15.
In December 2005 the City Council approved a budget amendment to allow for retention
of a noise consultant to address those types of concerns, and staff has utilized that
consultant on several occasions. That consultant is Giroux & Associates.
Based on ongoing complaints and increasing complaints staff is requesting authorization
to retain a second firm, Wieland Associates, Inc., to provide similar services to the City.
The :firm currently performs work for the cities of San Clemente, Santa Ana, Hesperia,
and Temecula, among others.
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Their billing rates are as follows:
lJ Principal Consultant
lJ Senior Consultant
lJ Senior Associate Consultant
$120.00Ihour
$ 95.001hour
$ 85.001hour
Agenda Item
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Appraval On-Call Noise Monitoring Professional Services Agreement
City Council Staff Report
September 24, 2007
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Associate Consultant
Technician
Graphic Artist
Word Processor
$ 75.001hour
$ 55.001hour
$ 55.001hour
$ 45.001hour
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A copy of the executed "Professional Services Agreement" by Wieland Associates, Inc.
is provided as Attachment 2 for the information of the City Council.
Adoption of the requested City Council Resolution will authorize the City Manager to
execute a "Professional Services Agreement" with Wieland Associates, Inc. for on-call
noise monitoring services as part of the approved departmental budget for Fiscal Year
2007-08
FISCAL IMPACT:
No impact. Costs for this type of professional are cwrentIy budgeted within Department
of Development Services Account 00 1-030-44000, Professional Services, at an amount of
$6,000.00 and no budget amendment is requested.
RECOMMENDATION:
Adopt City Council Resolution . A Resolution of the City Council of the City of _
Seal Beach, California, Authorizing the City Manager to Execute a Professional Services .,
Agreement with Wieland Associates, Inc.
NOTED AND APPROVED:
.
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D 'dC }
aVl armany
City Manager
Attachments: (2)
Attachment 1:
Resolution Number . A Resolution of the City
Council of the City of Seal Beach, California, Authorizing
the City Manager to Execute a Professional Services
Agreement with Wieland Associates, Inc.
Attachment 2:
Professional Services Agreement between City of Seal
Beach and Wieland Associates, Inc., dated September 24,
2007
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Request Jbr Additiona1.Noise CoosuItant.CC StstfRoport
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Approval On-Ca/l Noise Monitoring Professional Services Agreement
City Council Stqff Report
September 24, 2007
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ATTACHMENT 1
RESOLUTION NUMBER , A
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH WIELAND
ASSOCIATES, INC.
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Re.~uest fur Additional.Noise eonsultant.CC StllffReport
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RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH WIELA.'lD ASSOCIATES, INC.
WHEREAS, over the past 12-15 months the City has been receiving an increasing
number of code violalion complaints regarding violations of the noise levels as set forth
in Article 7, Chapter 7.15, Noise, and
WHEREAS, the complaints have primarily been regarding long-term continuous or
intermillent noise occurrences that are believed 10 violate the provision of Chapter 7.15,
and
WHEREAS, in December 2005 the City Council approved a budget amendment 10 allow
for retention of a noise consultant 10 address those types of concerns, and staff has
utilized that c:onsuUant on several occasions, and
WHEREAS, based on ongoing complaints and increasing complaints staff is requesting
authorization 10 retain a second linn, Wieland Associates, Inc., 10 provide simi1111'
services 10 the City. The firm currently perform.o work for the cities of San Cl.....te,
Santa Ana, Hesperia, and Ternecu1a, among others.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOlLOWS:
The City Manager is authorized 10 execute a "Professional Services Agreement" with
Wieland Associates, Inc., dated September 24, 2007.
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PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a regular
meeting held on the 24th day of Sentember .2007 by the following vote:
AYES: Couneilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
ATTEST:
Mayor
City Clerk
STATEOFCALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
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I, Unda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolution is the original copy of Resolution Number _ on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach, at a regular meeting held on the 24th day of Sentember . 2007.
City Clerk
Approval On-Call Noise Monitoring Professional Services Agreement
City Council Staff Report
September 24, 2007
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ATTACHMENT 2
PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF SEAL BEACH AND
WIELAND ASSOCIATES, INC., DATED
SEPTEMBER 24,2007
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~uest Ibr Additional.Noi.. ConsuItanl.CC StsffRoport
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CITY OF SEAL BEACH
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this
and between the City of Seal Beach ("City") and
Corporation ("Consultant").
24th day of Seotember ,2007 by
Wieland Associates, Inc., a California
RECITALS:
A Consultant desires to perfonn and assume responsibility for the provIsion of
certain professional services for the City. Consultant represents. that it is experienced in
providing professional services to public clients, and is familiar with the scope of work of City.
B City desires to engage Consultant to render professional services for the project(s)
("Project(s)") as set forth in this Agreement.
THE PARTIES HEREBY AGREE AS FOllOWS:
1. Scooe of Services.
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Consultant promises and agrees to furnish to the City all labor, materials, tools,
equipment, services, and incidental and customary work necessary to fully and adequately
supply the professional project consulting services necessary for the Project ("Services"). The
Services are more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference. All Services shall be subject to, and perfonned in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
2. Tenn.
The term of this Agreement shall be from July 1, 2007 to June 3D, 2008, unless earlier
terminated as provided herein. Consultant shall complete the Services within the tenn of this
Agreement, and shall meet any other established schedules and deadlines. The tenn may be
extended by mutual consent of both parties.
3. Resoonsibilities of Consultant.
3.1 Control and Pavment of Subordinates: Indeoendent Contractor.
The Services shall be perfonned by Consultant or under its supervision. Consultant will
detennine, the. means, methods and details of perfonning the_ Services, subject .to .th!!
requirements of this Agreement. City retains Consultant on an independent contractor basis
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C:\Documenls and SelllngslrNielandlLoca' SettlngslTemporary Inlernel FileslOLKD2\Wieland Associates Contract Final Drall DOCILWIOB-14-
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Professional SeNices Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
and not as an employee. Any additional personnel performing the Services under this e
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, inqome tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2 Schedule of Services.
Consultant shall perform the Services expeditiously, within the term of this Agreement,
and in accordance with a Schedule of Services to be developed jointly by the City and
Consultant after execution of this agreement. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner.
3.3 Conformance to Applicable Reauirements
All work prepared by Consultant shall be subject to the approval of City.
3.4 City's Representative.
The City hereby designates Lee Whittenberg or his designee, to act as its representative e
for the performance of this Agreement ("City's Representative"). City's Representative shall
have the power to act on behalf of the City for all purposes under this Contract. Contractor shall
not accept direction from any person other than the City's Representative or his or her designee.
3.5 Consultant's Representative.
Consultant hereby designates Roberta R. Wieland, or her designee, to act as its'
representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the
Consultant for all purposes under this Agreement. The Consultant's Representative shall
supervise and direct the Services, using her best skill and attention, and shall be responsible for
all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under; this Agreement.
3.6 Standard of Care.
Consultant shall perform all Services under this Agreement in a skillful and
competent manner, consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California. . Consultant represents that it, its
- employees- and subcontractors have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Services, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. Any employee who is e
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Professional SeN/ces Agreement
City of Seal Beach and Wieland Associates, Inc.
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determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who
fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly
removed from the Project by the Consultant and shall not be re-employed to perform any of the
Services or to work on the Project.
3.7 Laws and Reaulations.
Consultant shall keep itself fully informed of and in compliance with all local, state
and federal laws, rules and regulations in any manner affecting the performance of the Project
or the Services, including all Cal/OSHA requirements, and shall give all notices required by law.
Consultant shall be liable for all violations of such laws and regulations in connection with
Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and
regulations and without giving written notice to the City, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged
failure to comply with such laws, rules or regulations.
3.8 Insurance.
3.8.1 Time for ComDliance.
Consultant shall not commence Work under this Agreement until it has provided
evidence satisfactory to the City that it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section.
3. 8.2 Minimum Reauirements.
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 which may
arise from or in connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees or subcontractors. Consultant shall also require all of its
subcontractors to procure and maintain the same insurance for the duration of the Agreement.
Such insurance shall meet at least the following minimum levels of coverage:
(1) Minimum ScoDe of Insurance.
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 num~er CA 0001, code 1 (any auto); and (3) Worl<'ers' Compensation and Employers'
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Professional SeNices Agreement
City of Seal Beach and Wieland Associates. Inc.
September 24, 2007
Liability: Workers' Compensation insurance as required by the State of California and e
Employer's Liability Insurance.
(2) Minimum Limits of Insurance.
Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per
occurrence for bodily injury, personal injury and property damage. 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 Iimit;(2) Automobile Liability: $1,000,000 per accident for
bodily injury and property damage; and (3) Wo/1(e~' Compensation and Employer's Liability:
Workers' compensation limits as required by the Labor Code of the State of California.
Employers Liability limits of $1,000,000 per accident for bodily injury or disease.
3.8.3 Professional Liabilitv.
Consultant shall, at its expense, procure and maintain for the duration of the
Agreement professional liability insurance in the amount of $1,000,000.
3. 8.4 Insurance Endorsements.
The insurance policies shall contain the following provisions, or Consultant shall
provide endorsements on forms supplied or approved by the City to add the following provisions e
to the insurance policies:
(1) General Liabilitv.
The general liability policy shall be endorsed to state that: (I) the City, its directors,
officials, officers, employees, agents and volunteers shall be covered as additional insureds wit~
respect to the Work or operations performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work; and (ii) the insurance
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 of coverage
excess of the Consultant's scheduled underlying coverage. 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.
(2) Automobile Liabilitv.
The automobile liability policy shall be endorsed to state that: (I) 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
responsibl~; and (ii) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an e
WIeland Associates Contrad Final DraflDOC
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Professional SeN/cas Agreement
City of Seal Beach and Wielend Associates, Inc.
Septernber2~ 2007
unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. 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.
(3) Workers' Comcensation and Emolovers Liabilitv Coveraae.
If requested by the City the insurer shall agree to waive all rights of subrogation
against the City, its directors, officials, officers, employees, agents and volunteers for losses
paid under the terms of the insurance policy which arise from work performed by the Consultant.
(4) All Coveraaes.
Each insurance policy required by this Agreement shall be endorsed to state that:
(I) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to the City; and (ii)
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,
employees, agents and volunteers.
3. 8.5 Secaration of Insureds: No Soecial Limitations.
All insurance required by this Section shall contain standard separation of insureds
prOVISions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3. 8.6 Acceotabilitv of Insurers.
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. -'
3. 8.7 Verification of Coveraae.
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__eJ]d.O.IJi~r!J~[ljs Jo~ ..E;l.l!l21} JIlSJ!.~r:!~ _ P!J!!~Y ~_ha.ll b~. signed ~y a ~erson .
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 must be received and approved by the City
before work commences.
4. Fees and Pavments.
_.. 4.1' Comoensation.
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Professional Services Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
Consultant shall receive compensation, including authorized reimbursements, for all e
Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. The total compensation shall not exceed $10,000, unless
specifically authorized by the City Council.
4.2 Pavment of Comoensation.
Consultant shall submit to City a monthly itemized statement which indicates work
performed and hours of Services per project rendered by Consultant. City shall, within 30 days
of receiving such statement, review the statement and pay all approved charges thereon.
4.3 Reimbursement for Exoenses.
Consultant shall not be reimbursed for any expenses unless authorized by the City.
5. Termination
City may, by written notice to Consultant, terminate the whole or any part of this
Agreement at any time and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the effective
date of such termination. Upon termination, Consultant shall be compensated only for those
services which have been adequately rendered to City, and Consultant shall be entitled to no _
further compensation. Consultant may not terminate this Agreement except for cause. If this ..
Agreement is terminated as provided herein, City may require Consultant to provide all finished
or unfinished Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the request.
6. Notices.
All notices permitted or required under this Agreement shall be given to the
respective parties at the following address:
CONSULTANT:
WIELAND ASSOCIATES, INC.
Attn: Roberta R. Wieland, President
2691 Richter Avenue, Suite 107
Irvine, CA 92606
CITY:
City of Seal Beach
Development Services Department
Attn: Lee Whittenberg
211 Eighth Street
Seal Beach, CA 90740
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Professional Services Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party
at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless ofthe method of service.
7. Confidentialitv.
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions,
computer program data, input record data, written information, and other Documents and Data
either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of
the Services. Nor shall such materials be disclosed to any person or entity not connected with
the performance of the Services or the Project. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the related
industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs of the Project, or any publicity pertaining to the Services or the Project in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
8. Attornev's 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 actual
attorney's fees and all other costs incurred in connection with such action.
9. Indemnification.
Consultant shall indemnify and hold the City, its officials, officers, employees,
volunteers and agents 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 negligent or wrongful
acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of the performance of the Services, the Project or this
Agreement, including attorneys fees, expert witr;1ess fees and other related costs and expenses.
10. Entire Aareement.
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.
11. Governina Law.
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Professional Services Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
This Agreement shall be govem'ed by the laws of the State of Califomia.
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12. Time of Essence.
Time is of the essence for each and every provision of this Agreement.
13. Assianment or Transfer.
Consultant shall not assign, hypothecate, or transfer, either directly or by operation
of law, this Agreement or any interest herein without the prior written consent of the City. Any
attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
14. Amendment: Modification.
No supplement, modification, or amendment of this Agreement shall be binding
unless executed in writing and signed by both Parties.
15. 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, privilege, or service _
voluntarily given or performed by a Party shall give the other Party any contractual rights by _
custom, estoppel, or otherwise.
16. No Third Party Beneficiaries.
There are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
17. Invalidity: Severability.
If any portion of this Agreement is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full
force and effect.
18. Prohibited Interests.
Consultant maintains and warrants that it has not employed nor retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to
pay any company or person, other than a bona fide employee working solely for Consultant, any
. - fee; commission, percentage, brokerage fee, gift or other consideration contingent upon or
resulting frqm the award or making of this Agreement. For breach or violation of this warranty,
City shall have the right to rescind this Agreement without liability. For the term of this e
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Professional SeN/cas Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
Agreement, no member, officer or employee of City, during the term of his or her service with
City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
19. Eaual Opportunity Emplovment.
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because of race,
religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination.
20. Labor Certification.
By its signature hereunder, Consultant certifies that it is aware of the provisions of
Section 3700 of the California Labor Code which require every employer to be insured against
liability for Worker's 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.
21. Authority to Enter Aareement.
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Consultant has all requisite power and authority to conduct its business and to
execute, deliver, and perform the Agreement. Each Party warrants that the individuals who
have signed this Agreement have the legal power, right, and authority to make this Agreement
and bind each respective Party.
CITY OF SEAL BEACH
WIELAND ASSOCIATES, INC.
By:
cdBJ1Q ~~e.~:~!
David Carmany, City Manager
By:
Its .pp!:C'. ",.o;z...n-
e~~IOL-W1~
Its\ ~~~~
Attest:
By:
Linda Devine, City Clerk
Approved as to Form:
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By:
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Quinn Barrow, City Attorney
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Professional Services Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
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Professional Services Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
EXHIBIT "A"
SCOPE OF SERVICES
(Scope of Work or Scope of Services, as prepared by Consultant to
be inserted)
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. David L. Wieland, Principal Consultant
AFFILIA nONS
Member, National Council of Acoustical Consultants (NCAC)
Member, Institute of Noise Control Engineering (lNCB)
Member, Acoustical Society of America (ASA)
Member, California Chapter, American Planning Association (CCAPA)
Corporate Member, American Public Works Association
EDUCA TION
Bachelor of Science in Physics (Cum Laude), University of Southern California
EXPERIENCE
26 years' extensive experience on hundreds of projects involving building noise insulation,
community noise, transportation and industrial noise, and environmental impact reports. Project
responsibilities include lIlllTl~ging projects; conducting noise measurement surveys; developing noise
contours; analyzing data; assessing impacts relative to local, state and federal standards; developing
noise control recommendations and specifications; developing software for several noise analysis
applica1ions including equipment sound power level testing. Mr. Wieland's reports have been
approved by local, state and Federal agencies.
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CAREER HIGHLIGHTS
Preparation of27 Noise Elements of the General Plan; Principal Engineer on 24 freeway soundwall
noise studies located in California and Arizona; Principal Engineer on several hundred residential and
commercial/industrial projects in California, Arizona, Nevada and Mexico; Principal Engineer for the
Superconducting Supercollider Project preliminary noise assessment in Texas; provided litigation
support/expert witness assistance in over 30 construction defect cases located in California and
Nevada; reviewer of other consultants' work for several municipalities.
REPRESENTATIVE PROJECT AREAS
Mr. Wieland has experience in each of the following areas of acoustics applications (a SI.IIlIlIIllIY listing of
the work performed within each category is available upon request):
Aircraft and Helicopter Noise Studies Oil RBlated Projects
Bars and RMtaurants OSHA Related Projects
Commen:iallIndustrial Noise Control Outdoor Sports and Amphitheaters
Emergency Generators Parking Structures
Freew'9' Noise Studies Plan and EIR R~iews
GeneraJ/Specific Plans Pumping StatiOTlS
Gymnasiums/Multi-Use Rooms Railroad Projects
Hotels and Motels Residential Developments
Litigation Support/Expert Witness Reverberation Noise/Room Acoustics
Mechanical Equipment Schools and Classrooms
lfm.iM::l;l,elated ()peratioTlS Street Widening and Alteratio1lll
Noise Elements of th8 General Plan Testing Services
Noise Ordinance Enforcement Weapon Noise Studies
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Y.
. Why Choose Wieland Associates?
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. We hear you!
Listening is our job. We'll listen closely to determine what you need, and will advise
you how we can best be of assistance to resolve your noise or vibration problem.
. Noise and Vibration Control Specialists
We have proven performance in all areas of noise and vibration control, providing
cost-effective, practical solutions for clients throughout the United States since 1998.
· Talented Staff
Our staff has over 30 years' combined experience resolving a broad spectrum of
noise- and vibration-related problems.
. Responsive, Flexible and TImely
We make every effort to return phone calls within 2 hours during business hours, and
respond promptly to requests for proposals. We tailor our project work to:\it your
schedule, timeframes and de8tl1ines.
. Work Products of Exceptional Quality
We provide clear, easy-to-read reports with supporting tables and figures.
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. Your Project is Never "Just Another Job"
We realize that our reputation depends upon each individual project we undertake.
. First Class Quality Client Relations
We're old-fashioned about treating you with courtesy and respect.
. Affiliations
- Member, National Council of AcoUstical Consultants
- Member, Institute of Noise Control Engineering
- Member, Acoustical Society of America
- Member, California Chapter of the American Planning Association
- Affiliate Member, American Society of Civil Engineers
- Corporate Member, American Public Works Association
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EXHIBIT "B"
Professional Services Agreement
City of Seal Beach and Wieland Associates, Inc.
September 24, 2007
WIELAND ASSOCIATES, INC.
2007-2008 SCHEDULE OF FEES
Wieland Associates Contract FInal DraflDOC
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Fee Schedule
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Labor
Wieland Associates, Inc., bills for labor on an hourly basis per the following schedule:
Classificati'Oil --- .- --- -- ---- --- Hourl--lbte-]
I
~ipa1 C~~ultan~_.__ __ _._______ ___ ~120.0Q....____l
I Senior Consultant $95.00 '
--Senioi Associate Consultant--- ----- ----$85.00 -----
Associate Consultant $75.00
----------.-------.-- --.- -- ------\
Technician $55.00 i
GrahicAitist ..---.------- ---.------.T-. -- -$55:00' -- --I
.--.------- -- -----4
Word Proces~_____._ _______..L ____.J4.?..:qQ...__1
Expenses
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All expenses are billed to the client at cost plus 10%.
Mileage is invoiced at the rate of SO.50 per mile.
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