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HomeMy WebLinkAbout42-City Attorney I, _, .. CI+r OF SAN BERNARDlhrO - REQULIr FOR COUNCIL AC'H'ON From: JAMES F. PENMAN REC'O..~Rlf. O~.NTRACT FOR NOISE ASSEMENT SERVICEE AT FISCALINI FIELD Oept: City Attorney 1"'" !'I,' ')" c" 1., " ~ ,........1 I\...~l ~ ,) I;' I.f' ;,,,-~ ~~- Date: August 26, 1987 Synopsis of Previous Council action: The City Attorney was directed to prepare a resolution to ratify the contract. Recommended motion: Adopt resolution 7.;i~ Signature Contact panon: James F. Penman Phone: 5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Not81: 0' t . I ... , 26 27 28 1 2 3 " 5 .6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of 25 RESOLUTION NO. RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SIGNING BY THE MAYOR OF A CONTRACT FOR NOISE ASSESSMENT SERVICES BE IT RESOLVED BY THE ~~YOR AND CO!1MON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: The City Council of the City of San Bernardino hereby ratifies execution, by the Mayor on behalf of the City of San Bernardino, of that contract with J. J. Van Houten & Assoaates Inc. for delivery of noise assessment services at Fiscalini Field, a copy of which contract is attached hereto marked Exhibit "A" made a part hereof as though fully set out at this point. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1987, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1987. Mayor of the City of San Bernardino AP~roved as to form ~ 9-,2~ CIty Attorney and legal content: f. ' . ( CONTRACT FOR SERVICES THIS AGREEMENT, made and entered into this lith day of August, 1981, between the CITY OF SAN BERNARDINO, CALIFORNIA, a municipal corporation, hereinafter referred to as "CITY", and J. J. VAN HOUTEN & ASSOCIATES, INC., an independent contractor, hereinafter referred to as "CONTRACTOR" -- ARTICLE 1. TERM OF CONTRACT Section 1.01. This agreement will become effective on Auqust 12 , 1981, and will continue until stipulated services have been completed. ARTICLE 2. SERVICES TO BE PERFORMED BY CONTRACTOR Section 2.01 Specific Services Contractor agrees to perform the services specified for the Noise Assessment Study Regarding the Community Annoyance During the San Bernardino "Spirit" Baseball Games and Related Events, in the "Proposal for Services" attached to this agreement and designated as "Exhibit 1". Section 2~a Method of Performing Services Contractor will determine the methods, details and means of per- forming the above-described services. Section~~ ResDonsible EmDlovee in Charge John J. Van Houten will serve as the employee of Contractor prin- cipally responsible for execution of the Contractor's obligations under this Agreement and shall serve as principle liaison between City and Contractor. " . 11 , ",", - .....,,""' ARTICLE~. COMPENSATION Section ~.01 Amount of Compensation As sole and complete consideration for the services to be per- formed by Contractor, City agrees to pay Contractor in accordance with "Exhibit 1" attached hereto. Contractor's invoices to City shall include an itemization of ex- penditures as required by the City. The City shall not pay any fee or reimburse any expense deemed by the Director of Parks and Recreation, at his sole discretion, to be unnecessary to the completion of the project in a competent and workmanlike manner. Section ~~2 Payment of ComDensation Contractor shall submit to City a written statement of services rendered in accordance with the following payment schedule: At the end of each month up to a maximum of 85$ of the bid price. Within 30 days of final approval of the Noise Assessment Study, all remaining costs not to exceed $13,890.00. City agrees to pay the amount due to Contractor for services within thirty (30) days following receipt of said invoices of services. ARTICLE q. OBLIGATIONS OF CONTRACTOR Section q.01. Mon-Exclusive Representation Contractor agrees to devote the number of hours necessary to per- form the above-described services in a competent and workmanlike manner. Contractor may represent, perform services for, and be employed by, such companies and governmental entities as Contrac- tor, in Contractor's sole discretion, sees fit, with the excep- tion of any firm or individual which has an approved permit or land use entitlement from the City, has applied for such entitle- ment within the past twelve (12) months, or has such application or entitlement request pending, prov ided that such commitments entered into prior to the effective date of this contract may be ful fill ed. t ~ . .. ,,-,,/ ~ion 4~~ Performance of On-Premises Servi~ Contractor agrees to perform any of the above-described services required to be performed in City's premises during City'S regular business hours, unless otherwise mutually agreed by City and Con- tractor. Section 4.0~ Legal Responsibilities Contractor shall keep himself informed of, and shall comply with, all federal, state and local lawS and regulations which in any manner affect his performance under this agreement. Section 4~ Assi~nment Neither this agreement, nor any duties or obligations under this agreement, may be assigned by Contractor wi thout the prior wri t- ten consent of City. ARTICLE~. OBLIGATIONS OF CITY Section Ii .Oh Ci ty agrees to comply with all reasonable requests of Contractor rela tive to, and to provide access to all documents reasonably necessary for, the performance of Contractor's duties under this agreement. ARTICLE 6. TERMINATION OF AGREEMENT Section 6.01. The City may terminate this Agreement upon giving a twenty-four (24) hour written notice, and the Contractor may terminate the Agreement upon giving thirty (30) days' written notice. In the event of such termination, Contractor shall be entitled to reim- bursement for all fees and expenses incurred prior to the effec- tive date of such notice. Section ~~ Termination Uoon Assignment Notwithstanding any other provision of this agreement, the agree- ment shall terminate automatically without prior notice upon the assignment of the agreement by the Contractor wi thout the prior written consent of City. , I . ~ ......,-/ ';.,...... ARTICLE 7. GENERAL PROVISIONS Section 7.01. IndeDendent Contractor Contractor is and at all times shall remain as to City a wholly independent contractor. Contractor shall not, at any time or in any manner, represent that he is an officer, employee or agent of the City. Contractor shall comply with all applicable provisions of the Workers' Compensation Insurance and Safety Acts and the Labor Code of the State of California. Section 7.0~ OWnershiD of Documents Upon completion of any writing required to be provided by Con- tractor in the course of performing any of the above-described services, or upon sooner t,ermination of this agreement, all original documents prepared by Contractor shall become the sole property of the City and may be used, reused or otherwise dis- posed of by City without the permission of Contractor. Section 7.0~. Hold Harmless Contractor agrees to indemnify, save, keep and hold harmless City and all of its officers and employees from all claims, actions, suits, damages, costs or expenses in law or equity, including costs of suit and expenses for legal services, that may at any time arise or occur because of damage to property or injury or death to persons received or suffered by reason of, or arising out of, any act on the part of Contractor in regard to any func- tion or activity carried out by Contractor on behalf of City pur- suant to the terms of this agreement. SectioD-L~ Notices Any notice to be given hereunder by either party to the other shall be effected either by personal delivery in writing, or by certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the City in care of the Director of Parks and Recreation, 5117 N. Sierra Way, San Bernar- dino, CA 921118, and to Contractor at 1260 E. Katella Avenue, Anaheim, CA 92805; however, each party may change the address by written notice in accordance with this section. Section 7.05. Insurance Reauired Consultant shall maintain, during the term of this standing con- tract, the following insurance with companies and on terms satis- factory with the City: a. Workers' Compensation and Employer's Liability Insurance as prescribed by applicable law. , . , , #'.<,,> - '-" b. Comprehensive General Liability Insurance (bodily injury and property damage), the limits of which shall be not less than One Million Dollars ($1,000,000.00) per occurrence and ag- gregate, and which includes the following supplementary coverages: i. Contractual liability to cover liability assumed under this standing contract; ii. Broad form property liability insurance; and iii. Shall extend to owned, nonowned, and hired automobiles used by Consultant's employees, agents, or assigns, in the performance of this contract. c. The insurance pol ici es speci fied above shall be e ndor sed to provide the following: i. Name the Ci ty of San Bernardino as addi tional insured with respect to the services performed hereunder; ii. Include a requirement that the insurer provide the City with 30 days written notice prior to the effective date of any cancellation of the insurance. d. Before commencing the work hereunder, Consultant shall provide the Ci ty wi th certificates of the above insurance satisfactory to the City. Copies of all certificates and notices required hereunder should be mailed to the City of San Bernardino, 547 N. Sierra Way, San Bernardino, CA 92418. Section 7~ Entire Agreement of the Parties This agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor to City in connection with the prepara- tion of the Noise Assessment Study Regarding the Community An- noyance During the San Bernardino "Spirit" Baseball Games and Re- lated Events and contains all of the covenants and agreements be- tween the parties with respect to the rendering of such services in any manner whatsoever. Each party to this agreement acknow- ledges that no representations, inducements, promises, or agree- ments, oral or otherwise, have been made by any part or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in the agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing, signed by the party to be charged. Section 7.07. Governing Law Th i s agr eement sh all be governed by and construed in accorda nee with the laws of the State of California. 1. '- ........,.1 Section 7~~ Venue This agreement is made, entered into, executed'and is to be per- formed in San Bernardino, San Bernardino County, California, and any action filed in any court or for arbi tration for the inter- pretation, enforcement and/or otherwise of the terms, covenants and conditions referred to herein shall be filed in the ap- plicable court in San Bernardino County, California, Section 7.0~ City's Agent The San Bernardino Director of Parks and Recreation shall have the right to review, coordinate and approve all work to be per- formed by Contractor pursuant to the terms of this agreement, and shall be the City's agent with respect to review, coordination and approval of the services to be performed by the Contractor. EXECUTED in duplicate at San Bernardino, California on the date and year first hereinabove written. CONTRACTOR CITY OF SAN BERNARDINO, CALIFORNIA A Munic~ corporation'lf By: .. ~~(i.;,J ~ Mayor , Attest: Ci ty Clerk Approved as to form and legal content: , . \ _J EXHIBIT l' Proposal File P547-87 August 5, 1987 :,.;" PROPOSAL : NOISE ASSESSMENT REGARDING THE COMMUNITY ANNOYANCE DURING THE SAN BERNARDINO "SPIRIT" BASEBALL GAMES AND RELATED EVENTS Submitted to: City of San Bernardino Parks and Recreation Prepared by: J. J. VAN HOUTEN I>. ASSOCIATES, INC. 1260 E. Kate1l3 Avenue Anahei m, CA 92805 71 Jj/6',c,_')',?O Y. .. . , "' -- '-" TABLE OF CONTENTS PAGE Proposal Work Statement.. .. .. .. ., .. Items to be Delivered Items to be Provided by the City Experience .... ., .. Instrumentation Capability Schedule and Costs .... 1 3 3 3 3 4 .. .. .. Fee Schedule Resumes Experience References , . . ,r<'-, '-' .....,1 J. J. VAN HOUTEN & ASSOCIATES, Inc. . 1260 EAST KATELLA AVENUE, ANAHEIM, CALIFORN1A 92805 (7141 635-9520 JOHN J. VAN HOUTEN. PE, Principal DAVID L. WIELAND, Senior Engineer August 5, 1987 Proposal File P547-87 CITY OF SAN BERN~RDINO Parks and Recreation 547 N. Sierra Way San Bernardino, CA 92418 Attention: Mr. John A. Kramer Subject: Proposed Noise Assessment Regarding the Community An- noyance During the San Bernardino "Spirit" Baseball Games and Related Events Gentlemen: J. J. VAN HOUTEN & ASSOCIATES, INC., is pleased to propose the subject effort as requested in our telephone conversation on this date. The analysis and measurement procedures required to ac- complish the effort are an integral part of the acoustical con- sulting services provided by our company. WRK STATEMENT The following provides a description of the measurement program, analysis, assessment of impact and mitigation measures to be provided as part of the proposed effort. Appropriate noise standards for the City of San Bernardino will be recommended, a draft noise assessment study will be prepared and after respond- ing to comments, a final study report will be submitted. The following tasks will be performed as part of the proposed consulting effort: 1. Existin~ Conditions Obtain noise measurements within the ballpark and at residen- tial locations wi thin the communi ty during representative events. In addi tion, obtain measurements, on a 24-hour basis, at communi ty locations to establi sh the condi tions 'which exist without an event. Determine the "other" related event ilctivities and assess the noise which will be produced toy these events at community locations. . ' . \.... '--' '-' CITY OF SAN BERNARDINO PROPOSAL FILE P541-81 2. S1~~rds of Annoyance Establish the appropriate noise control standards which should be considered for intrusion of the various ballpark activities (crowd noise, amplified speech and music, traffic, etc.). Identify standards, both as they relate to annoyance at community locations in the vicinity of the ballpark and to recognized noise regulations. 3. Assessment of Imoact Assess the impact of the existing event activity and ambient noise at community locations in the vicinity of the ballpark. Determine the number of people exposed to various levels of noise and how these numbers relate to the annoyance potential of the noise of various events. 4. Mitigation of Si~nificant Imoacts Where significant impacts are identified, indicate methods by which the event activity noise may be reduced to recognized standards and the methods by which community annoyance may be reduced or eliminated. Consideration will be given to the use of limiters, compressors, band pass filters, shapers, al- teration in loudspeaker directivity, barriers, and alterna- tive ballpark configurations and/or relocation. 5. Recommended Course of Action Provide recommendations concerning the action which should be taken by the Ci ty. Consideration will be given to actions which provide a measurable benefit to the community as well as those which allow the baseball and "other" event activi ty to operate in a compatible and viable manner. 6. Preoare Draft and Final Reoorts A draft report of the findings and recommendations will be prepared in reproducible form. After review and comment by the City, community, and ballpark management, the draft will be revised and submitted as a final report. 1. Public Hearin~ Attend staff meetings as needed to complete the above tasks. Attend two public hearings to present and assist in formulat- ing a plan of action. ? ,. . < ,__,oF ......,/ CITY OF SAN BERNARDINO PROPOSAL FILE P547-87 ITEHS TO BE DELIVEREll As a result of the study effort and the proposed staff and public agency reviews, the following will be submitted: 1. Draft and final reports in reproducible form. 2. The project principal, John J. Van Houten, will attend staff reviews as required, and two public hearings. ITEHS TO BE PROVIDED BY THE CITY ~~' It is understood that the City will provide copies of drawings of the layout of the ballpark, maps of the community in proximity to the park, and where available, aerial photographs of the area of concern. It is also understood that the ballpark management will assist by providing the sound amplification system and man-power to operate the system during non-event noise measurement periods (about 2 to 3 periods of 4 to 5 hours each). EXPERIENCE John J. Van Houten will perform all analyses and determine the impact and mitigation of noise within the City. As a registered Professional Engineer in the State of California, he will certify all measurements and the detailed recommendations provided as part of the proposed effort. Mr. Van Houten will be assisted in the measurement portion of the study and the computer aided analysis by Mr. David Wieland, Senior Engineer and Mr. Sang Min Lee, Associate Engineer. Resumes of Mr. Van Houten I s, Mr. Wieland's and Mr. Lee's backgrounds are attached. J. J. VAN HOUTEN & ASSOCIATES, INC. has performed over fifteen hundred (1500) noise assessment and community noise studies'for a variety of residential and commercial developments and municipal ities. A representative listing of cl ients and related projects are attached. INS T R UME.HIAI I 0 1-1- CAP A1H1.il1 The instrumentation required to perform the effort is owned and operated by J. J. VAN HOUTEN & ASSOCIATES, INC. Certifications of instrumentation calibration are available as required to sup- port the effort. '3 , . , ~ '-+.,.; "-....... CITY OF SAN BERNARDINO PROPOSAL FILE P541-81 SCHEDULE AND COSTS The effort, as proposed, is offered on a not-to-be-exceeded fee basis of $13,890.00. Table 1 indicates the man-hours and expense estimates leading to this fee on a task-by-task basis. A draft report will be completed within a sixty (60) day period from the date of your authorization to proceed. Please contact the undersigned at 114/635-9520 for additional in- formation or clarification of this proposal. Very truly yours, · f:'fC~ INC. uten, P.E. gineer in Acoustics JJVH/ rrp C:\WS2000\PROPOSAL\P541-81 4 r. ' r.o." i ............ ....~/ FEE SCHEDULE r . , \. "",,,,,- ~ ", '" Jo co '" "'l '" 0' "" 'U '-' ;.u " ,. en (') ~ '" " .., '" ,... "' " >< 0' '" " " "' '" ,... "" ..., 0 ,... It> ::> "' ,... " 8 ()Q "' 0. " " 8 '" "' '" ,... '" It> " .., ::> M :.r: ::> ::> ,... H 0. ()Q "' It> 0. 0. 0 8 "' <" '" It> ::> '0 n ,... '" .., ..., 0. '" 0 0 8 0 ,... ,... " ..., ::> " " ::> ::> ,. <" 0. <" .., (]Q " " >- ,... '" .... "' .... " ::> " 0. '< .... ,... ::> ,... 0 '" 0 0 0 3: ..., ..., " It> ::> '< ::> " It> It> " '0 " "' ::> It> It> .... 0 ::> I .., " '" <" It> 0 "' " .., "' Ii " ::> 0. .,. .,. (Xl w '" M --.1 o,J:> (Xl cr-. '" .t: 0 .t: (Xl .t: >< 0 '0 o,J:> "- 0' lI> '" 0' 0 ::> 0 .., c .... "' .., It> 0 "' CD 0 ..., 0 .., I C/J <" .,. .,. .t: '" lI> 0' '" cr-. .t: '" '" 0 .t: cr-. ::> It> \J1 ,... (Xl "- ::r 0 n cr-. ::r 0 .., 0 0 .., " ~ .., 0 "' c 0 ::> ,... <" '< I >- "- "' tD .,. .,. '" "' " '" \J1 0 .t: 0 W 0 "' \J1 cr-. " It> --.1 "- ::r ,... 0- '" ::r 0 '" " 0 .., " <" .... .., '" .... 0 "' ." 0 " .., "" i z - co 0 '" cr-. ,... '" 0 0 0 "' .t: 0 0 0 It> 0 8 C/J 0 ,... <" 0 H " lI> 0. "' '< .,. - - I '" '" '" 0 0 0 0 0 0 0 0 0 .,. ~ t - ! w .t: '" (Xl .t: .t: \J1 W o,J:> .t: o,J:> W o,J:> \J1 cr-. CO (Xl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r" r' '- ......, .....,I ,,"I July 1, 1981 EXHIBIT A Fee Schedule: J. J. Van Houten & Associates, Inc. 1260 E. Katella Avenue Anaheim, CA 92805 HOURLY LABOR FEE SCHEDULE Classification ~1I.2w: $135.00 90.00 65.00 55.00 40.00 35.00 35.00 Principal Engineer - Appearance in Court Principal Engineer Senior Engineer Associate Engineer Senior Technician Word Processor Illustrator/Draftsman FEES FOR EXPENSES 1. Items as follows are invoiced at cost plus 10~ - subcontract services, travel expenses, reproduction, consumables, and telephone charges. 2. Mileage is invoiced at the rate of thirty cents per mile. 3. Equipment Fee - An incidental fee to cover the cost of calibration and maintenance of noise measurement instrumenta- tion and computer equipment is invoiced at the rate of 15~ of the total labor fee for each assignment involving noise measurements and computer applications. It should be noted that the foregoing wage rates are effective through December 31, 1981. The rates will be adjusted after that date to compensate for cost of living and other increases in labor costs.