HomeMy WebLinkAboutAGENDA REPORT 1993 1215 CC REG ITEM 11G·•
TO:
FROM:
DATE:
SUBJECT:
AGENDA REPORT
CITY OF MOORPARK • . ·
11;1,-".3V// r
ITEM ·~ •
·;QRPARK, CALIFOPr~!A
C:ty Ccun91 tv~0!ing
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The Honorable City Council 1:;.cr:' riJ: ~ -✓-
Jaime R. Aguilera, Director of Community Developmen~/4 ~9? 1
Kathleen Mallory, Associate Planner K fY) 8 ~~-..!...J:=~=-
December 6, 1993 (CC meeting of December 15, 1993)
CONSIDER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, • INSTRUCTING THE PLANNING
COMMISSION TO CONSIDER REVISIONS TO THE NOISE ELEMENT OF
THE CITY'S GENERAL PLAN, APPROVE THE ATTACHED SCOPE OF
WORK AND APPROVE THE CONTRACT WITH MESTRE GREVE
ASSOCIATES TO PERFORM WORK RELATED TO UPDATING OF THE
NOISE ELEMENT
BACKGROUND
On May 13, 1992, the City Council adopted Resolution Number 93-856 updating the Land
Use and Circulation Elements of the City's General Plan. An implementation measure
within the updated Land Use Element stipulated that the City should review and update
the Noise Element to ensure consistency with the Land Use and Circulation Elements.
The purpose of this staff report is for the City Council to approve the Contract for Service
(see Attachment Number 1) with the staff selected Acoustical Engineer and to direct the
Planning Commission to begin its review of the Noise Element.
DISCUSSION
The Noise Element was last updated in 1986. Development since this date, opening of
the freeway connector, and modified land use and circulation policies as stated within the
updated Land Use and Circulation Elements has warranted the updating of the Noise
Element. Additionally, state law requires internal consistency between all seven of the
state-mandated General Plan Elements.
The Proposal received from Mestre Greve Associates (see Attachment Number 1,
Exhibit A) addresses the Scope of Work prepared by staff (see Attachment Number 1,
Exhibit B).
In April of 1993, as part of the 1993-1994 budget, staff conducted telephone bids with
Acoustical Engineers to determine the estimated cost to conduct technical studies in
order to update the City's Noise Element. Of the five companies contacted, the average . -
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The Honorable City Council
December 6, 1993
Page 2
cost to update the Element was $5,000.00. A total of $5,000.00 has been budgeted to
update the Element. The attached proposal from Mestre Greve Associates indicates that
they will perform the technical studies, attend Council and Commission meetings, and .
coordination with staff for a total of $4,800.00.
The attached Scope of Work (Attachment Number 1 , Exhibit B) has been prepared by
staff. Should the Council wish to modify the Scope of Work, additional costs may be
incurred.
It is staff's opinion that the Contract for Service wfth the Acoustical Engineer should not
be initiated until February of 1994. By beginning to update the Element in February of
1994, usage of the freeway connector will be fully represented. The freeway opened in
October. 1993; the months of November and December-are poor months in which to
conduct an analysis of traffic patterns due to the holidays.
The Contract for Service with Mestre Greve Associates will be for the conducting of a
noise survey and noise measurements, developing noise contours, recommending
policies and providing documentation and presentations to staff, the Planning
Commission and the City Council. Staff will be responsible for writing the Element.
The firm of Mestre Greve Associates is well known and respected in the field of Acoustical
Engineering. We believe that the firm will effectively provide assistance to the City in our
efforts. to update the Noise Element.
RECOMMENDATION
1. Approve the attached Scope of Work (Attachment Number 1, Exhibit B). .
2. Authorize the City Manager to sign the attached Contract for Service with Mestre •
Greve Associates.
3. Adopt the attached resolution (see Attachment Number 2) directing the Planning
Commission to review the Noise Element within a reasonable time, conduct a
public hearing, and provide the City Council with a recommended action.
Attachments:
1. Professional Service Agreement {Exhibit 11A11
-Proposal prepared by Mestre Greve
Associates and Exhibit 11 8 11
-Scope of Work}
2. Resolution of Approval
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ATTACHMENT NUMBER 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into .this _____ day of ____ _
19_· by and between the City of Moorpark, a municipal corporation located in the
County of Ventura, State of California, hereinafter referred to as 11 CITY1 1 and MESTRE
GREVE ASSOCIATES, a California Corporation, hereinafter referred to as "MESTRE
GREVE.11
WITNESSETH
Whereas, City has the need for professional acoustical engineering services related
to the updating of the-Noise Element of the City's General Plan; and 1
, Whereas, City desires to contract for such services with a private consultant in
anticipation that said private consultant can provide such services in a manner acceptable
to the City; and
Whereas, MESTRE GREVE is experienced in providing such services and is able
to provide personnel with the proper experience, certifications and background to carry
out the duties involved; and
Whereas, MESTRE GREVE has submitted to City a letter proposal for conducting
noise survey and noise measurements, developing noise contours, recommending
policies and providing documentation and presentations to staff, the Planning
Commission and the City Council, attached hereto as Exhibit 11A11 and hereinafter referred
to as the 11 PROPOSAL11
, which describes the services to be provided by the consultant;
and
Whereas, City, wishes to retain MESTRE GREVE for the performance of the
services identified in the Proposal;
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
City does hereby retain MESTRE GREVE in a contractual capacity to perform
certain professional services.
I. SCOPE OF WORK
The services to be rendered by·MESTRE GREVE shall be those tasks, as generally
described in Exhibit 11A11
, the Proposal and Exhibit 11 8 11
, the Scope of Work.
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It is agreed that certain information shall be provided to MESTRE GREVE by the
City. This information includes: .~ccess to the ·city's Zoning Maps, existing and
projected traffic information from the City's traffic impact generation model, 1986
Noise Element, and 1992 Land Use and Circulation Elements.
II. COMPENSATION
The fees in full compensation to MESTRE GREVE for the services rendered shall
be as set forth in Exhibit 11A.11
Ill. TERMINATION
This Agreement may be terminated with or without cause by City at ~ny time with
no less than 1 O days written notice of such termination. In the event of such
termination, MESTRE GREVE shall be compensated for such services up to the
date of termination. Such compensation for work in progress shall be prorated as
to the percentage of progress completed at the date of termination.
• -
This Agreement may be terminated by MESTRE GREVE only by providing City with
written notice no less than 30 days in advance of such termination. •
' IV. GENERAL CONDITIONS
A. All maps utilized by MESTRE GREVE shall remain the sole property of the
City of Moorpark, and MESTRE GREVE shall not itself use, sell, or share
any information obtained from the maps as provided for in the Proposal.
R City shall not be called upon to assume any liability for the direct payment
of any salary, wage or other compensation to any person employed by
MESTRE GREVE performing services hereunder for City.
/ /-
C. MESTRE GREVE is and shall at all times remain as to the City a wholly •
independent contractor. Neither the City nor any of its officers, employees,
servants or agents shall have control c;>Ver the conduct of MESTRE GREVE
or of MESTRE GREVE's officers, employees or agents, except as herein set
forth.
MESTRE GREVE shall not at any tim·e or in any manner represent that it or
any of its officers, employees or agents are in any manner employees of the
City.
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D. At the time of 1) termination of this Agre_ement or 2) conclusion of all work;
all original documents, designs, drawings, reports, calculations, diskettes,
computer files, notes, and other related materials whether prepared by
MESTRE GREVE or their subcontractor(s) or obtained in the course of
providing the services to be performed pursuant to this Agreement shall
become the sole property of the City.
E. . MESTRE GREVE shall hold harmless, indemnify and defend the City and
its officers, employees, servants and agents from any claim, demand,
damage, liability, loss, cost or expense, for any damage whatsoever,
including but not limited to death or injury to any person and injury to any
property, r~sulting from misconduct, negligent acts, errors or omissions of
MESTRE GREVE or any of its officers, employees or agents in the
performance of this Agreement, except such damage as is caused by the
sole negligence of the City or any of its officers, employees, servants or
agents.
The City does not, and shall not, waive any rights that it may have against
MESTRE GREVE by reason of Paragraph E hereof, because of the
acceptance by the City, or the deposit with the City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and
indemnification provision shall apply regardless of whether or not said
insurance policies are determined to be applicable to the claim, demand,
damage, liability, loss, cost or expense described in Paragraph F hereof.
F. MESTRE GREVE shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for, and
maintain in full force and effect for the duration of . this Agreement. the
policies of insurance required by this paragraph and shall furnish to the City
Clerk of the. City certificates of said insurance on or before the
commencement of the term of this Agreement. Notwithstanding any
inconsistent statement in any of said policies or any subsequent
endorsement attached thereto, the protection offered by the policies shall:
1. Name the City and its officers, employees, servants and agents and
independent contractors serving in the role of City Manager, Deputy
City Manager, or Director of Community Development, as additional
insured with MESTRE GREVE.
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2. Insure the City and its officers, employees, and agents while acting
in the scope of their duties under this Agreement against all claims,
demands, damages, liabilities, losses, costs or expenses arising
from, or in any way connected with, the performance of this
Agreement by MESTRE GREVE or the City.
3. Bear an endorsement or have attached a rider whereby it is provided
that, in the event of cancellation or amendment of such policy for any
reason whatsoever, the City-shall be notified by mail, postage
prepaid, not less than thirty ·(30) days before the cancellation or
amendment is effective. MESTRE GREVE shall give City thirty (30)
days written notice prior to the expiration of such policy.
4. Be written on an Occurrence Basis.
G. Consistent with the provisions of Paragraph F, MESTRE GREVE shall
provide general public liability including automobile liability and property
damage insurance in an amount not less than One Million dollars
($1,000,000.00) per occurrence and annual aggregate.
H. Consistent with the provisions of Paragraph F, MESTRE GREVE shall
provide workers' compensation insurance as required by the California
Labor Code. If any class of employees engaged by· MESTRE GREVE in
work under this Agreement is not protected by the workers' compensation
law, MESTRE GREVE ~hall provide adequate insurance for the protection
of such employees to the satisfaction of the City.
I. ,MESTRE GREVE shall not assign this Agreement, or any of the rights,
duties or obligations hereunder. It istJnderstood and acknowledged by the
parties that ME§TRE GREVE is uniquely qualified to perform the services
provided for in this Agreement. •
J. The MESTRE GREVE's Proposal (Exhibit 11A11
), along·with certain additional
clarifying information in Exhibit 11 8 11 (Scope of Work), are hereby·
incorporated into this Agreement. If said exhibits contain conflicting
language, the language contained in this Agreement and Exhibit 11 8 11 shall
take precedence over MESTRE GREVE's Proposal (Exhibit 11A11
). ,·· .
K. Payment to MESTRE GREVE shall be made by City within 30 days of
receipt of invoice, except for those which are contested or questioned and
returned by City with written explanation within 30 days of receipt of invoice.
MESTRE GREVE shall provide to City a written response to any invoice
contested or questioned and further, upon request of City, shall provide
City with any and all documents related to any invoice.
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L. Any notice to be given pursuant to this Agreement shall be in writing, and
all such notices and any other document to be delivered shall be delivered
by personal service or by deposit in the United • States mail, certified or
registered, return receipt requested, ·with postage prepaid, and addressed
to the party for whom intended as follows:
To: . Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
To: Mestre Greve Associates
280 Newport Center Drive, Suite 230
Newport Beach, CA 92660
Either party may, from time to time, by written notice to the other, designate
a different address or contact person, which shall be substituted for the one
above specified. Notices, payments and other documents shall be deemed
delivered upon receipt by personal service or as of the second (2nd) day
after deposit in the United States mail.
M. Nothing contained in this Agreemef)t shall be deemed, construed or
represented by the City or MESTRE GREVE or by any third person to
create the relationship of principal or agent, or of a partnership, or of a joint
venture, or of any other association of any kind or nature between the City
and MESTRE GREVE.
N. This Agreement constitutes the entire agreement of the parties concerning
the subject matter hereof and all prior agreements or ~nderstandings, oral
or written, are hereby merged herein. This Agreement shall not be
amended in ahy way except by a writing expressly purporting to be such
an amendment, signed and acknowledged by both of the parties hereto.
0. Should interpretation of this Agreement, or any portion thereof, be
necessary, it is deemed that this Agreement was prepared by the parties
jointly and equally, and shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it to be prepared.
r
P. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall
any such waiver constitute a continuing or subsequent waiver of the same •
provision. No waiver shall be binding, unless executed in writing by the
party making the waiver.
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V.
a.
R.
S.
T.
\ In the event any action, .suit or proceeding is brought for the enforcement
of, or the declaration of any right or obligation pursuant to this Agreement
or as a result of any alleged breach of any provision of this Agreement, the
prevailing party shall be entitled to recover its costs and expenses,
including reasonable. attorney's fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award·
thereof.
Cases involving a dispute between the City and MESTRE GREVE may be
decided by an arbitrator if both sides agree in writing, with costs
proportional to the judgment of the arbitrator.
This Agreement is made, entered into,. and executed in Ventura County,
California, and any action filed in any court or for arbitration for the
interpretation, enforcement or other action of the terms; conditions or
covenants referred to herein shall be filed in the applicable court in Ventura
County, California.
The captions and headings of the various Articles and Paragraphs of this
Agreement are for convenience anp identification only and shall not be
deemed to limit or define the content of the respective . Articles and
Paragraphs hereof.
RESPONSIBLE INDIVIDUAL
The individual directly responsible for MESTRE GREVE overall performance of the
contract provisions herein above set forth and to serve as princip~ll liaison between
City and MESTRE GREVE shall be Mr. Fred Greve. Upon mutual written
agreement of the parties, other individuals may be substituted in the above
capacity.
The City's contact persoh in charge of administration of the Mestre Greve
Agreement, and to serve as principal liaison between Mestre Greve and City, shall
be the Director of Community Development.
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VI. IMPLEMENTATION
The City shall provide MESTRE GREVE with written notice in advance of the date
at which these services are to be implemented if different than the'-date of the
Agreement. ••
CITY OF MOORPARK: MESTRE GREVE ASSOCIATES:
Steven Kueny, City Manager Fred Greve, P.E., Principal
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I
Exhibit 11A11
MESTRE GREVE ASSOCIATES PROPOSAL
DATED OCTOBER 25, 1993
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\
' \
Mestre Greve Associates
October 25, 1993
Ms. Kathleen Mallory
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Subject: PropoSal for the City of Moorpark Noise Element Updatt i
Dear Ms.· Mallory:
I am pleased to 'submit• this proposal to assist the City in updating the Mooi-parQ Nois~ Element .•
of the General Plam The primary focus of our effort will be to determine e.~i~ting and future .
noise levels throughout the community, and to· assist staff in developing poli:cies to mitigate
potential noise imp·acts .. A scope of work is attached wh,ich supplements tltfScope of Work
. contained in the Request for Proposal.
The remainder of this proposal is divided into two .sections; scope of work¥\~ qualifications.
The qualifications include generalbackground on Mestre Greve Associates;,af,well as specific
experience and resumes .. We are very proud of the fact that we have preparecf oh:ipdated Noise
Elements for over;36:cities. A list of these elements along with other work exp\itience is included
in the qualifications. • •
We propose to complete the attached scope on a time and materials basis with a.':cost not to exceed
$4,800. Our hourly rates are $100 for Registered Engineers, $50 for staff eng~neers, and $35 for
technicians. The above rates include all travel, computer, noise monitor, and overhead expenses.
Mr. Fred Greve is a Principal and will be the Project Manager for this study. !. . ' .
In closing I would: like to thank you agnj.n for the opportunhy to bid on this irnpditant project. If • ,i:·
selected we are committed to producing a quality product in a timely manner. If you should have
any questions regarding this proposal please do not hesitate to call. ·, :
Sincerely,
Mestre Greve Associates
~·
Fred Greve, P. E .
. Principal
RECEJVED
OCT 2 6 1993
280 Newport Center Drive, Suite 230 ° Newport Be~ch, yA ~2660 • (714) 760-0891 ., Fax (714) 760-~0f Moorpark
• NOISE ELEMENT UPDATE
SCOPE OF WORK
BACKGROUND
The purpose qf the Noise Element is to document existing noise levels, project future noise
levels, and to develop goal and policies so that the City will maintain a desirable noise
environment. The Noise Element is also an ideal document for addressing and supporting
specific concerns of the community. The following sections provide a detailed description of the
scope of work proposed by Mestre Greve Associates. The work effort w:ill result in developing
existing and future case noise contours for the City, and proposals for changes to policies and
standards.
TASK 1 -CONDUCT NOISE SURVEY
An initial .kick-off mee.ting will be held to assess City staff concerns regarding noise in
Moorpark. Sites for noise measurements will also be selected at this time. The selection of sites
will be coordinated with City staff. The participation of staff will ensure that the sites selected
cover the full spectrum of noise exposure in the study area. This includes sites exposed to traffic
noise, railroad lines, and noise from major stationary sources, if any. Of particular concern will
be noise sensitive areas along the Moorpark and Simi Valley Freeways. While the consultant will
have certain technical·requirements that need to be satisfied in selecting sites these can be
accommodated during the site selection process.
Conduct Noise Measurements
Noise measurements will be conducted at 24 sites. Twelve of the sites will be 24 hour noise
measurements of CNEL. The other 12 measurements will consist of short term measurements of
Leq (Equivalent Noise Level). The Leq measurements are the basic building block for the CNEL
noise levels, and therefore, the Leq measurements provide valuable information at a much more
modest cost than do the CNEL measurements. .
TASK 2 -DEVELOP CNEL NOISE CONTOURS
Task 2 will result in the production of existing and future noise contours. Contour maps will be
generated for one existing and one future case, and will be based on traffic volumes provided by
the City. The nois~ contours will be generated with the FHW A Model for traffic sources in
conjunction with the noise measurement results. The contours will be drawn on an appropriate
and reproducible base map, and will represent the combined noise levels of all sources. The
noise contours will represent the combined noise levels from traffic, railroad and other major
noise sources.
TASK 3 -POLICY DEVELOPMENT
The purpose of this task is to propose policies and standards for Moorpark to mitigate existing
and future noise impacts. The recommendations will be developed in coordination with City
staff. Areview of currentCity noise policies will be made, and after discussions with City staff,
proposals for policy modifications will be made.
TASK 4 -DOCUMENTATION AND PRESENTATIONS
The focus of this task is to present the results of this study to the appropriate parties.
Documentation
A document will be prepared containing the noise measurement methodology and results.
Background information on community noise scales, including an explanation of Leq and
CNEL, will be included. Existing and future noise contours will be provided along with
reproducible originals. Recommendations for policies _and standards modifications will also be
presented in the document.
Presentations
We propose to attend anci provide presentations at up to four City Planning Commission and City
Council meetings.
..
• Exhibit 11 8 11 •
SCOPE OF WORK·
The scope of work which will be required of Mestre Greve Associates includes the
following:
*
*
*
*
*
*
Conducting of noise measurement and modeling assessment of existing noise
sources and projected noise sources within the City. Noise contours should be
determined in terms of the Community Noise Equivalent Level (CNEL) and include
an explanation of equivalent sound levels (LEQ). •
Conduct a minimum of 24 samples. At least twelve of the samples, shall be
conducted as 24-hour samples.
Specific contour mapping, at 500 scale, will be determined after measurements are
conducted. A 1,000 scale base map for the mapping of the contours will be
provided by the City. Two (2) contour maps should be provided to include
existing contour levels and projected, year 2010, contour levels. The selected
consultant will be required to submit legible reductions of the finalized contour
maps for inclusion into the text of the Noise Element. •
Development of recommendations for Noise Element policies to mitigate potential
noise impacts.
Meetings as· required by staff to discuss the scope of work, progress, and noise
impacts.
Four (4) presentations of acoustical levels to the Planning Commission and City.
Council, at evening meetings. Any additional meetings shall be authorized prior
to the meeting date by the City Manager and shall be billed to the City at the
hourly rate identified in the cover letter to the proposal (dated October 25, 1993).
Review and comment on the staff prepared Noise Element based upon the
consultant's technical ~xpertise.
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