HomeMy WebLinkAboutBRODY, TODD D.B.A. SYNECTECOLOGY 1-2002
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.,/ 0~~2NCl.1' _ 0" CONSUL T ANT AGREEMENT
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f\tJ, THIS AGREEMENT, made and entered into this Jj}!!: day of fiYl ~ ~ ,2002 by
and between Todd Brody d,b.a. Synectecology, a sole proprietor, (hereinafter "Consultant"), and
the City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
{J 3
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
environmental consulting services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance ofthis Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $ 7,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on April
30,2003, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Public Works
Agency and the City Attorney.
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4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per
occurrence. Consultant shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification oftermination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
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like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession ofthe Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5622
and,
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City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Todd Brody
Synectecology
10232 Overhill Drive
Santa Ana, CA 92705
Telefacsimile 714-669-0464
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
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shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision ofthe services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notifY the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis
Agreement.
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16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
ATRICIA E. HEALY
Clerk ofthe Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
a~c~
By:-
Cristine L.
Assistant City Attorney
-
RECOMMENDED FOR APPROVAL:
Ji~ ~~~-
Executive Director of the
Public Works Agency
CITY OF SANTA ANA
~
~~-=i)~
. AVID N. REAM
City Manager
CONSULTANT
fi#~
Todd Brody
Principal
no- '-f?-I/bb
Employer ID # or Individual SS #
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out ofthe operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
, this endorsement form as a part 0 f
Named Insured
Countersigned by
Authorized Representative
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Syne~cology
~~[Q)
Environmental Consulting Services
April 11, 2002
Ms. Ruth Smith, P.E.
Senior Traffic Engineer
City of Santa Ana
20 Civic Cente~ Plaza
Santa Ana, CA 92702
Subject: Proposal to Prepare a Noise Analysis for City of Santa Ana
Roadway Revisions
Dear Ms .u Smith:- __u
It was a pleasure to meet with you the other to discuss this project.
Synectecology is pleased to provide you with this proposal for the
referenced work. Presented below is an outline defining the scope of
the proposed effort as well as a budget and time schedule for
completion of the study. If you feel that we have either under- or
over-scoped the project, please get back to us so that we may amend
this proposal accordingly.
If you have any questions or need further information, do not hesitate
to call me.
Sincerely,
Synectecology
aM' (~
Todd Brody,
Principal
enclosure: .
10232 Overhill Dr., Santa Ana. CA 92705 . (714) 669-9799
~t\1e.lT A
..
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The proposed project entails modifications to local roadways in the
City of Santa Ana French Park area. Specifically, the project
includes three complete street closures and one semi-diverter. Both
Spurgeon Street and French Street are to be closed at Washington
Avenue while Washington Avenue is to be closed at poinsettia Street.
Additionally, ..Wellington Avenue would receive a semi-diverter at
Poinsettia Street. This will then cause a redistribution of
vehicles. through. the proj ect area and could raise noise levels along
the roadways that will receive au.gmented traffic.-. If the- projeCt-
requires the subsequent construction of cul-de-sacs, site
construction will entail the use of heavy equipment with its
attendant noise.
To determine potential
the City has requested
the project area. The
using this baseline,
residents.
noise impacts of this traffic redistribution,
that Synectecology perform a noise study for
study is to examine baseline noise levels and
assess any potential impacts on the local
ANALYSIS
The analysis shall include an on-site noise survey. It is our
understanding that the City has installed temporary diverters
causing a redistribution of traffic. This redistribution has raised
traffic levels along some routes while reducing it on others.
Synectecology shall perform a field survey to determine the
locations of sensitive receptors and obtain noise level measurements
at as many as eight locations. These measurements will be used to
document the current, with project noise levels. Measurement
locations to be monitored shall be developed both through
contact/meeting with the City and in the field. Using vehicle count
data presented by the City, current traffic noise within the
improvement areas will be modeled using the Caltrans Sound32 version
of the FHWA Highway Noise prediction Model. The accuracy of the
model shall be verified and calibrated, as necessary, using the
noise levels obtained on-site.
Using the noise data obtained in the field study, the Sound32 Noise
Model will then be used to determine the level of noise that ~ould
have been produced before the diverters were installed. This pre-
project noise shall then serve as the basis for the impact
assessment. Impact criteria shall be based on the goals of the
Noise Element of the City's General Plan as well as criteria
typically used for significant increase for the purposes of CEQA
analyses (e.g., 3 or 5 dBA CNEL increase)-:- Appropriate mitigation
measures will be developed as necessary.
.
..
.'
Construction Impacts
At this time, the project serves as a pilot program until the
results of the analysis can be determined. If the project were to
become a permanent fixture, those streets designated for closure
would in all probability receive minor construction work such as the
construction of a cul-de-sac. This construction would then entail
the use of heavy equipment. Noise-related impacts from project
construction will be identified using accepted noise criteria
applicable to..construction equipment regardless of whether or not
this construction were to actually occur. This would then save the
City the task of reexamining this potentially significant impact at
U a later-date if-the project is-tO prOceed.-uEmphasi"s'will be-On---
identifying the impacts to those nearby sensitive receptors
identified during the on-site noise survey. While haul trucks and
worker vehicles will add marginally to local roadway noise, the
project is of limited size and duration and any noise increase from
these vehicles will not be significant.
Mitigation Measures
Mitigation will be proposed for any significant impacts. Potential
mitigation for construction includes limitations on construction
hours, placement of stationary sources as far from sensitive
receptors as feasible, and use of proper mufflers. Operational
mitigation, if necessary, could include the use sound walls,
structural modifications to impacted receptors, reductions in speed
limits, and restrictions on heavy truck use.
The amount of attenuation afforded by these measures will vary with
the types of equipment used, the operating conditions, the type of
terrain, and the proximity to sensitive receptors. Residual impact
after mitigation will be compared with the impact criteria to assess
the adequacy of the proposed mitigation measures.
SCHEDULING
As per our conversation, Synectecology will work with the City to
attain their target deadlines. Our noise report would be submitted
for City review within 4 weeks of receiving the traffic count data.
A final document shall be submitted within 2 weeks time of receiving
comments.
DELIVERABLES AND BUDGETING
"
At the completion of the noise analysis, the study shall be
incorporated into a "stand alone" document and the City of Santa Ana
will be presented with one draft hard copy and one copy in MSWord
format. The document will be prepared in quasi-MND format for
direct inclusion in any subsequent CEQA'-documentation which may
become necessary prior to final project acceptance. Upon receipt of
City comments, the draft document shall be revised, a~ necessary,
and a final document issued; also in hard copy and MSWord format.
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Appendices, including any model runs, shall be included in the
document.
The study shall be performed and documents processed for a cost not
to exceed $3,400. A breakdown of the budgeted items is presented in
the following table.
Task Hours Cost
Labor
Prepare draft noise analysisl 36 2,340
Respond to comments and prepare f'inal 8 480
document
Meetinq Attendance 8 390
Other Direct Costs
Travel and other expenses (estimated) 20
Total 52 $3,400
1 Includes one field study.
Note that this cost is based on our provided scope of work and
includes an analysis of the Proposed Project. The cost does not
include an al ternati ves analysis. Addi tional analysis and/or
modeling may increase the cost slightly. Note that the provided
cost includes 8 hours for attendance at any meetings either with the
City, the public, other subcontractors, and/or interested parties.
Attendance at additional meetings will be billed at cost of $65.00
per hour plus expenses only if such meetings cause the entirety of
the budget to exceed the $3,400 cost estimate.
LIMITATIONS
The referenced work in this proposal is based solely on the scope of
work outlined above and does not include the preparation of any
accompanying documents such as the Notice of Preparation, Statement
of Overriding Considerations, Notice of Completion, Notice of
Availability, Mitigation Monitoring Plan, etc. as may be necessary
for complete CEQA documentation. It is assumed that all relevant
information will be provided in the Project Description and traffic
study to be provided by the City of Santa Ana. For a complete
analysis we would request that the traffic analysis include total
average daily traffic (ADT) volumes (both pre- and 'post-project)
along the links. If possible, we would also request that the traffic
analysis divide the traffic into autos, medium trucks and heavy trucks
as each has a specific associated noise pl;.ofile. (If these latter
data are not obtainable, the ratio as observed in the field study will
be used.) If the traffic report is lacking in any of the~e areas, we
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,
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..,
would request that the deficient data be included in a subsequent
submittal prior to the start of our analyses.
On another note, if you would like us to determine the potential for
carbon monoxide "hot spots," we would also need peak hour level of
service and turning movements at the intersections, again both pre-
and post-project, as well as intersection lane configurations.
Synectecology understands that the City of Santa Ana requires that
its contractors carry professional liability insurance in the sum of
one million dollars ($1,000,000). Synectecology will purchase such
insurance, either though the City or an outside carrier, prior to
- the- commencement_of. any-.work oncthiscproj ect .--Upon.-awardof--the___
contract, the City and Synectec<;>J.ogy will enter into a mutually
acceptable contract outlining all. responsibilities and payment for
services rendered. .
.
Syne~cology
[g]~[Q)
Environmental Consulting Services
April 11, 2002
Ms. Ruth Smith, P.E.
Senior Traffic Engineer
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: Proposal to Prepare a Noise Analysis for City of Santa Ana
Roadway Revisions
Dear Ms. Smith:
It was a pleasure to meet with you the other to discuss this project.
Synectecology is pleased to provide you with this proposal for the
referenced work. Presented below is an outline defining the scope of
the proposed effort as well as a budget and time schedule for
completion of the study. If you feel that we have either under- or
over-scoped the project, please get back to us so that we may amend
this proposal accordingly.
If you have any questions or need further information, do not hesitate
to call me.
Sincerely,
Synectecology
~~/~
Todd Brody,
Principal
enclosure:
10232 OverhiIl Dr., Santa Ana. CA 92705 . (7 I 4) 669-9799
ex t-\1e. IT ,A
..
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The proposed project entails modifications to local roadways in the
Ci ty of Santa Ana French Park area. Specifically, the proj ect
includes three complete street closures and one semi-diverter. Both
Spurgeon Street and French Street are to be closed at Washington
Avenue while Washington Avenue is to be closed at Poinsettia Street.
Additionally, . Wellington Avenue would receive a semi-diverter at
Poinsettia Street. This will then cause a redistribution of
vehicles through the project area and could raise noise levels along
the roadways that will receive augmented traffic. If the project
requires the subsequent const"ruction of cul-de-sacs, site
construction will entail the use of heavy equipment with its
attendant noise.
To determine potential
the City has requested
the project area. The
using this baseline,
residents.
noise impacts of this traffic redistribution,
that Synectecology perform a noise study for
study is to examine baseline noise levels and
assess any potential impacts on the local
ANALYSIS
The analysis shall include an on-site noise survey. It is our
understanding that the City has installed temporary diverters
causing a redistribution of traffic. This redistribution has raised
traffic levels along some routes while reducing it on others.
Synectecology shall perform a field survey to determine the
locations of sensitive receptors and obtain noise level measurements
at as many as eight locations. These measurements will be used to
document the current, with project noise levels. Measurement
locations to be monitored shall be developed both through
contact/meeting with the City and in the field. Using vehicle count
data presented by the City, current traffic noise within the
improvement areas will be modeled using the Caltrans Sound32 version
of the FHWA Highway Noise Prediction Model. The accuracy of the
model shall be verified and calibrated, as necessary, using the
noise levels obtained on-site.
Using the noise data obtained in the field study, the Sound32 Noise
Model will then be used to determine the level of noise that would
have been produced before the diverters were installed. This pre-
project noise shall then serve as the basis for the impact
assessment. Impact criteria shall be based on the goals of the
Noise Element of the City's General Plan as well as criteria
typically used for significant increase for the purposes of CEQA
analyses (e.g., 3 or 5 dBA CNEL increase)-:- Appropriate mitigation
measures will be developed as necessary.
.
"
Construction Impacts
At this time, the project serves as a pilot program until the
results of the analysis can be determined. If the project were to
become a permanent fixture, those streets designated for closure
would in all probability receive minor construction work such as the
construction of a cul-de-sac. This construction would then entail
the use of heavy equipment. Noise-related impacts from proj ect
construction will be identified using accepted noise criteria
applicable to, construction equipment regardless of whether or not
this construction were to actually occur. This would then save the
City the task of reexamining this potentially significant impact at
a la ter date if the proj ect is to proceed. Emphasis will be on
identifying the impacts to those nearby sensitive receptors
identified during the on-site noise survey. While haul trucks and
worker vehicles will add marginally to local roadway noise, the
project is of limited size and duration and any noise increase from
these vehicles will not be significant.
Mitigation Measures
Mitigation will be proposed for any significant impacts. Potential
mitigation for construction includes limitations on construction
hours, placement of stationary sources as far from sensitive
receptors as feasible, and use of proper mufflers. Operational
mitigation, if necessary, could include the use sound walls,
structural modifications to impacted receptors, reductions in speed
limits, and restrictions on heavy truck use.
The amount of attenuation afforded by these measures will vary with
the types of equipment used, the operating conditions, the type of
terrain, and the proximity to sensitive receptors. Residual impact
after mitigation will be compared with the impact criteria to assess
the adequacy of the proposed mitigation measures.
SCHEDULING
As per our conversation, Synectecology will work with the City to
attain their target deadlines. Our noise report would be submitted
for City review within 4 weeks of receiving the traffic count data.
A final document shall be submitted within 2 weeks time of receiving
comments.
DELIVERABLES AND BUDGETING
At the completion of the noise analysis, the study shall be
incorporated into a "stand aloneN document and the City of Santa Ana
will be presented with one draft hard copy and one copy in MSWord
format. The document will be prepared in quasi-MND format for
direct inclusion in any subsequent cEQA-documentation which may
become necessary prior to final project acceptance. Upon receipt of
City comments, the draft document shall be revised, a~ necessary,
and a final document issued; also in hard copy and MSWord format.
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.
.'
Appendices, including any model runs, shall be included in the
document.
The study shall be performed and documents processed for a cost not
to exceed $3,400. A breakdown of the budgeted items is presented in
the following table.
Task Hours Cost
Labor
Prepare draft noise analysis! 36 2,340
Respond to comments and prepare final 8 480
document
Meeting Attendance 8 390
Other Direct Costs
Travel and other expenses (estimated) 20
Total 52 $3,400
! Includes one field study.
Note that this cost is based on our provided scope of work and
includes an analysis of the Proposed Project. The cost does not
include an alternatives analysis. Additional analysis and/or
modeling may increase the cost slightly. Note that the provided
cost includes 8 hours for attendance at any meetings either with the
City, the public, other subcontractors, and/or interested parties.
Attendance at additional meetings will be billed at cost of $65.00
per hour plus expenses only if such meetings cause the entirety of
the budget to exceed the $3,400 cost estimate.
LIMITATIONS
The referenced work in this proposal is based solely on the scope of
work outlined above and does not include the preparation of any
accompanying documents such as the Notice of Preparation, Statement
of Overriding Considerations, Notice of Completion, Notice of
Availability, Mitigation Monitoring Plan, etc. as may be necessary
for complete CEQA documentation. It is assumed that all relevant
information will be provided in the Project Description and tra.ffic
study to be provided by the City of Santa Ana. For a complete
analysis we would request that the traffic analysis include total
average daily traffic (ADT) volumes (both pre- and post-project)
along the links. If possible, we would also request that the traffic
analysis divide the traffic into autos, medium trucks and heavy trucks
as each has a specific associated noise p1:.ofile. (If these latter
data are not obtainable, the ratio as observed in the field study will
be used.) If the traffic report is lacking in any of these areas, we
.
3
'.
.
would request that the deficient data be included in a subsequent
submittal prior to the start of our analyses.
On another note, if you would like us to determine the potential for
carbon monoxide "hot spots," we would also need peak hour level of
service and turning movements at the intersections, again both pre-
and post-project, as well as intersection lane configurations.
Synectecology understands that the City of Santa Ana requires that
its contractors carry professional liability insurance in the sum of
one million dollars ($1,000,000). Synectecology will purchase such
insurance, either though the City or an outside carrier, prior to
the commencement of any work on this proj ect. Upon award of the
contract, the City and Synectecology will enter into a mutually
acceptable contract outlining all responsibilities and payment for
services rendered. '
.
tiay-07-0Z 09:j'Dam From-ROBERT F DRIVER
+94i-ZS1-I6B3
T-970 P 001/002 F-206
VENDORS/CONTRACTORS GENERAL LIABILITY REQUEST TO BIND COVERAGE
Contractors Program - CO/rlplete lOp semon fI/ld return to Roo F. Drit1er to Bind.
Artellt;on: Mon;que NIl~arro, ACcount Admini$trator
(COVERAGE NOT IN FORCE UNTO.. BINDER RECEIVED FROM CO~ANY)
Date~~~
Public Entity:
City of Santa Ana
Fax:
(714) 647-5311
Vendor I Contractor:
SynectecolORY - AnN: Todd Brody
Vendor I Conlrllctor Mailing Address;
10232 Overhill Drive
Santa Ana, CA 92705
Description of Contract:
Noise Study
Contract Value:
Scope ofWark:
Consulting - Noise Study
Contact:
Rosa Flores
$7,000
Term of Contract: From 5/0&/02 To: 4/20/03 Hazard:
I
Rate:
$359.75
Please bmd the above account eff~clive 2-I_.Q~_J--.fg
TOlal Policy Premium:
Stale Tax (3%):
Stamping Fee (.25%):
Certilicate Fee:
Total AmouDl:
S 359. 7~_
$ 9.00
S .7",
S $SO
S 5359.7";
....--.....-.-......-........-..,....--......-......--..---..-.-....--.-----.-.-.-..-..--...-...-.-.--.....-----.-...,....--.....--.....-
BINDER ACKNOWLEDGEMENT
Dale:~.:L/cM: . '0 'L.lJ AS TO FORM
Ai..i..~' 'v.t..:.
Contractor is Bound Ef!ect;ve: ~ 1 ~/O d-Fulcrum Insurance Company. _/ 1..J ~
Master Policy Number: CP.1002566 .$1.1..1A ~ 0 P r-
Laura Sheedy
COVERAGE IN FORCE FOR NAMED CONTRACT ONLY. ~eputy' ttorney'
Public Entity is Named as Addirionallnsurcd: r/:)
61sq-- -:: ev~'~~ .~ ;7
Robert F. Driver Ph: (949) 756-0271
P,O. Box 6450 Fax: (949) 756-2713
Newport Beach, CA 92660
License IIOC36861
Sample of POlicy is all file with the Public Entity and can be provided UpOD request.
1~~'~&"'Ien...".
l'IIr:zDCll
lA.1y-OT-OZ OB::Oim From-ROBERT F DRIVER
+B49-Z51-1663
T-BTO P 001/00Z F-Z06
Vf"JDORS/CONTRACTORS GENERAL LIABILITY REOUEST TO BIND COVERAGE
Contractors Program - Coltlpfete lOp set:tion and return 10 R. F. Dri~er 10 Bind.
Anemwn: Monique Ntlvarro. ACcount Administrator
(COVERAGE NOT IN FORCE UNTD.. BINDER RECEIVED FROM COMPANY)
Date:~~--..!E...
Public Entity:
City of Santa Ana
Fax:
(714) 647-5311
Contact:
Rosa Flores
Vendor I Contractor:
SyneC tecology - AnN; Todd Brody
Vendor I Contnlctor Mailing Address:
10232 Overhill Drive
Description of Conlrnet:
Santa Ana, CA 92705
Noise StlXly
Conlrnet Value:
$7,000
Scope of Work:
Consulting - Noise Study
Term of Conlrnct: From 5/06/02 To: 4/20/03 Hazill'd:
I
Rate:
Flease hind the above aCCOUIlI effeclive -2...J_~.J~
$359.75
Toul POUey PrelDium: S 359.7'5.
State Tax (3%); S 9.00
Stlllnplng Fee (.25%): S .7";
Certificate Fee: S SSO
Total AmouDt: S 535'1.71)".
...._-....._._...~._........-._..,....._......-......_-.._._..~._...._-._----.----...._-_.._~..._..._..._.......---._..,.....-_......_,..,~
Date: -.:;i;-=L/M
Aulhonzed Representative
R.E. Chaix & Associates losur""cc Brokers, mc.
License ~0726213
3,.........:t"'GI&.<~OItNIrc.'en..Dn.
Sample of POlicy is on file witl. the Puhlic Entity aDd can be provided upon request.
1I)11'200J
Brod\.l
Jun, II 02 01.12p
7146690464
06/11/02 0Z10SP P.00Z
WORKIlRS' COMPENSATION DECI '-RATION
j",.lJ vs"1J)"3 t I.. '''~by alTinn uncleT penllty of pctjury, the
~) r
(oil owing declaration :
I ccnify 011 bdWf of ~,...~..~ that during the term of my
C<<Ittaf:t willi !be '1, ..../!.e, G---s o.r-:- . . City of SIllIa Ana, I willllClt
employ any penon in any manDel' so as to become subj<<t to the workers' COIllI'C..""lion
laws or c.Jjfomia,11Id qnllllblr if I shoaId ~ _me SDbjoI:t to the "Oih..~'
CompenAltion JIlOVisions of Section 3700 of the Labor Code. I nil forth with comply
with. those provisions.
DATE: C/,jot.
By: L/:../A' ~
NlUIIC: lOci cI {!. ,/\)~
Tille: {J, I~r t.;p,....!
Telephone: ?1'r'~bG'S-9 ;1"
WARNlNG: FAD..URB TO SECURB WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT ANEMPLO'YER TO CRIMINAL PENALTIES
AND ClVR. FINES UP TO ONE HUNDRED THOUSAND DOlLARS (SJOO,OOO). IN
ADDmON TO nm COST OF COMPENSA 11ON, DAMAGES AS PROVIDED FOR
IN SECl'ION 3706 OP THE LABOR CODB.INTEREST, AND ATrORNBY'S PEa.
CR INE LEE SHAW
Deputy City Attorney
p.2