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HomeMy WebLinkAboutAGENDA REPORT 1996 0221 CC REG ITEM 07H /iy-, 5p-r) - Qz/Ai Jiv. AGENDA REPORT CITY OF MOO R P A R K TO: Honorable City Council FROM: Jaime Aguilera, Director of Community Developm "-- Deborah S. Traffenstedt, Senior Planner DATE: February 8, 1996 (CC Meeting of 2-21-96) SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MESTRE GREVE ASSOCIATES FOR PREPARATION OF A GENERAL PLAN NOISE ELEMENT UPDATE Backciround The 1995-96 Fiscal Year Budget includes $5,000 budgeted for completion of a General Plan Noise Element Update. Mestre Greve Associates already completed the first component of the Noise Element update in 1994. Extensive noise level testing of sensitive receptors throughout the City was completed, and a Technical Report was then prepared by Mestre Greve that summarizes the results of the noise testing, including maps that show estimated existing and projected Community Noise Equivalent Levels (CNEL) . Discussion A proposal has been received from Mestre Greve Associates to complete the update to the City's General Plan Noise Element. Mestre Greve has considerable noise level testing and Noise Element preparation experience. Their total cost to prepare an updated Noise Element document and attend three public hearings is $4,900 . A draft Professional Services Agreement is attached and includes the proposal letter from Mestre Greve Associates. Staff Recommendation Authorize the City Manager to approve a Professional Services Agreement between the City and Mestre Greve Associates . Attachment: Draft Professional Services Agreement 000054 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MOORPARK AND MESTRE GREVE ASSOCIATES FOR PREPARATION OF A GENERAL PLAN NOISE ELEMENT UPDATE THIS AGREEMENT, made and entered into this day of , 1996, by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "CITY" and Mestre Greve, a California corporation, hereinafter referred to as "CONSULTANT". WITNESSETH WHEREAS, City has the need for professional services for preparation of an updated General Plan Noise Element; and 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, Consultant 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, Consultant has submitted to City a Proposal for the City of Moorpark Noise Element Update, attached hereto as Exhibit A; and WHEREAS, City wishes to retain Consultant for the performance of the services identified in Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants, benefits and premises herein stated, the parties hereto agree as follows: I. SCOPE OF WORK City does hereby retain Consultant in a contractual capacity to prepare an updated General Plan Noise Element, as set forth in Exhibit A, Proposal for the City of Moorpark Noise Element Update, which exhibit is attached hereto and hereinafter referred to as the "PROPOSAL." Where said Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. II. COMPENSATION The fees in full compensation to Consultant for the services rendered shall be as set forth in the Proposal, for an amount not to exceed $4,900.00, without the prior written agreement of the City of Moorpark and the Consultant of the changes in the scope of work, which result in the increase of said cost. Payment by the City to the Consultant shall be in accordance with the provisions of Article V, Paragraph K, of this Agreement. Professional Services Agreement Page 1 City of Moorpark 000055 III. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended with or without cause by City at any time with no less than ten (10) working days written notice of such termination or suspension. This Agreement may be terminated by Consultant only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination or suspension, Consultant shall be compensated for such services up to the date of termination or suspension. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination or suspension. IV. TERM OF AGREEMENT The term of this Agreement shall be the time period required to complete all of the work tasks identified in Exhibit "A" and for a one- year period following completion of all such tasks, unless this Agreement is terminated or suspended pursuant to Article III herein. V. GENERAL CONDITIONS A. Consultant shall agree not to work on any other public agency or private development project located within the City limits or its Area of Interest, without the prior written consent of the City, during the term of this contract. B. 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 Consultant performing services hereunder for City. C. Consultant 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 over the conduct of Consultant or of Consultants officers, employees or agents, except as herein set forth. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner employees of the City. D. At the time of 1) termination of this Agreement or 2) conclusion of all work, all original documents, designs, drawings, reports, calculations, diskettes, computer files, notes, and other related materials whether prepared by Consultant 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. Any computer files provided to the City shall use IBM compatible, Word Perfect for Windows version 6.1 word processing software, on a 3.5-inch diskette. E. Consultant shall hold harmless, indemnify and defend the city and its officers, employees, servants and agents and independent contractors who serve in the role of City Manager, Deputy City Manager, Director of Community Development, City Engineer, or City Attorney from Professional Services Agreement Page 2 City of Moorpark 000056 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, resulting from, or in any way connected with the performance of this Agreement by Consultant or the City, except such damage as is caused by the sole negligence of the City. The City does not, and shall not, waive any rights that it may have against Consultant 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 or whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in Paragraph E hereof. F. Consultant 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 Manger, Director of Community Development, City Engineer, or City Attorney, as additional insured with Consultant. 2. 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. Consultant shall give city thirty (30) days written notice prior to the expiration of such policy. 3. Be written on an occurrence basis. G. Consistent with the provisions of Paragraph F, Consultant 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, Consultant shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by Consultant in work under this Agreement is not protected by the workers' compensation law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Professional Services Agreement Page 3 City of Moorpark 000057 I. Consultant shall not assign this Agreement, or any of the rights, duties or obligations hereunder. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. J. The language contained in this Agreement shall take precedence over the language contained in any exhibit to this Agreement. K. Payment to Consultant shall be made by City within thirty (30) days of receipt of invoice, if the invoice is not contested or questioned by City. If the City identifies a discrepancy between the invoice amount and the work tasks or products completed, the City shall within fifteen (15) work days of receipt of the invoice specify in writing the discrepancy. Consultant shall then either 1) provide support materials to satisfy City stated discrepancy, or 2) revise the invoice to reflect stated discrepancy. City shall then pay the revised or documented invoice within thirty (30) days of such revision or documentation. 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, California 93021 To: Fred Greve 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 Agreement shall be deemed, construed or represented by the City or Consultant 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 Consultant. N. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. Professional Services Agreement Page 4 City of Moorpark 00005S O. 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. P. No waiver of any provisions 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 provisions. No waiver shall be binding, unless executed in writing by the party making the waiver. Q. 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 judgement or decree rendered in such a proceeding shall include an award thereof. R. Cases involving a dispute between the City and Consultant may be decided by an arbitrator if both sides agree in writing, with costs proportional to the judgement of the arbitrator. S. 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 Venture County, California. T. The captions and headings of the various Articles, Paragraphs, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof. VI. RESPONSIBLE INDIVIDUAL The individual directly responsible for Consultant overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Consultant shall be Fred Greve. Upon mutual written agreement of the parties, other individuals may be substituted in the above capacity. The City's contact person in charge of administration of this Agreement, and to serve as principal liaison between Consultant and City, shall be the Director of Community Development. Professional Services Agreement Page 5 City of Moorpark 000059 VII. IMPLEMENTATION The City shall provide Consultant 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 MOORPARR: MESTRE GREVE ASSOCIATES Steven Kueny Fred Greve, P.E. City Manager Principal ATTEST: Lillian E. Hare, City Clerk Exhibit A - Proposal for the City of Moorpark Noise Element Update Professional Services Agreement Page 6 City of Moorpark 000060, JAN n196 City of Moorpark Community Development Department Mestre Greve Associates January 30, 1996 Ms.Debbie Traffenstedt City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Proposal for the City of Moorpark Noise Element Update Dear Ms.Traffenstedt: Mestre Greve Associates is pleased to submit this proposal to write the text for the update of the City of Moorpark Noise Element of the General Plan. We have already prepared a document containing the noise measurement methodology and results of our previous work effort on the technical update of the Noise Element. The text of the Moorpark Noise Element update will follow the guidelines established by the California Department of Health and recent California law. The following scope of work is proposed. SCOPE OF WORK Noise Element Document An updated Noise Element document will be prepared for the City of Moorpark. The document will present the existing and future noise contours, and recommendations for policies, standards, and a model noise ordinance. Land use and noise conflicts and constraints will also he detailed in the document. Methcdokwies, monitoring results and.data used to project mice contours will also be detailed as an appendix to the main body of the report. Any policy or standards modifications developed in coordination with City staff and determined as a result of our previous work efforts will also be incorporated into the text of the Noise Element document. Presentations Our work effort will also include presenting the results, findings and updated Noise Element to the appropriate parties. Mestre Greve Associates is in a unique position to provide this assistance and interaction. The firm has considerable experience dealing with community noise issues throughout California. Support can often take the form of educating staff or committee members about acoustics,community noise or human response to noise. Both Mr. Mestre and Mr. Greve have been guest lectures at the University of California,Irvine on noise and other environmental topics. In addition, both principals of the firm have given numerous 000061 280 Newport Center Drive, Suite 230 • Newport Beach, CA 92660 • (714) 760-0891 • Fax (714) 760-1928 City of Moorpark Noise Element Update Page Two presentations to public committees and testified at many public hearings. This broad base of experience provides a strong background in dealing with the public issues related to noise. We propose to attend three Public Hearings. Additional hearings can be accommodated on a time and materials basis. Costs We propose to prepare the City of Moorpark Noise Element Update document on a time and materials basis with a cost not to exceed$4,900 within a 5 week turnaround from the signing of the contract. We propose a 1 week turnaround for requested revisions. Costs include 2 sets of revisions. Our hourly rates are$100 for Registered Engineers,$50 for staff engineers, and $35 for technicians. Thank you for the opportunity to bid on this proposal. If you have any questions or comments,please do not hesitate to call. Sincerely, Mestre Greve Associates 17'43.C2' #ePiv-J1 Fred Greve, P.E. Principal pr. 000062