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HomeMy WebLinkAboutAGENDA REPORT 1993 1215 CC REG ITEM 11FTO: FROM: DATE: ITEM Ito F • AGENDA REPORT CITY OF MOORPARK Honorable City Council Mary R. Lindley, Assistant to the City Manager).)f\ December 9, 1993 (CC Meeting of December 15) SUBJECT: Consider Approval of the City's Participation in the Ventura Intercity Service Transit Authority (VISTA) and Authorize the Mayor to Sign the Cooperative Agreement for a Two -Year Demonstration Program. Background Over the past year, the cities of Moorpark, Thousand Oaks, Simi Valley, Agoura Hills, Westlake Village, and the County of Ventura have been working together on a study to identify service options that would link the respective jurisdictions through public transit. The "East County" study was one of four intercity transit studies conducted by the Ventura County Transportation Commission (VCTC) involving various jurisdictions throughout Ventura County. Currently, the cities of Moorpark, Simi Valley, and Thousand Oaks each operate independent transit services which are not linked. In other words, residents living in one of the three east County cities cannot commute to one of the other east County cities by way of public transit. In fact, with the exception of Thousand Oaks, residents living in these cities cannot commute by bus outside of their respective jurisdictions. For the last two years, VCTC has received public testimony from east County residents regarding the need for a public transportation system that would connect the three east County cities. In response, VCTC has identified the lack of intercity public transportation in the east County as an "unmet transit need ". The designation of an "unmet transit need" that remains unresolved for reasons other than physical or financial restrictions, may jeopardize a jurisdictions annual allocation of Transportation Demand Act funds (TDA). The City of Moorpark receives approximately $530,000 in TDA funds annually. Approximately $100,000 of the City's allocation is budgeted for its transit service, $10,000 for Metrolink Station maintenance, and the remaining funds are budgeted for street repair and maintenance. Earlier in the year, Council appointed Councilmember Wozniak as the City's representative to the VISTA Task Force. The VISTA Task Force met several times to review the transit service options identified by the study and to select the option determined to be VISTA Agreement December 9, 1994 Page 2 preferable by the participating jurisdictions. The option chosen by the Task Force was to implement a VISTA - East Commuter Express Route that would service the east County jurisdictions. An Express Bus service differs from local bus service in that it has a minimum numbers of stops and it is designed to attract longer distance commuters. In addition to east County jurisdictions, the cities of Westlake and Agoura Hills have requested participation in the VISTA service. The County of Ventura has chosen not to have any bus stops in its jurisdictional boundaries for this specific service. The proposed VISTA - East Express Bus service will be separate from, and will not replace, existing bus services currently offered by the jurisdictions. Operation of the VISTA bus service will begin in July 1994 and will be contracted out to a transit company through a bid process. Each participating jurisdiction will have no more than two bus stops and will coordinate a connection between its local bus service and the proposed Express Bus service. The proposed Commuter Express Bus stops in Moorpark are located at the City's Metrolink Station and Moorpark College. See Attachment "A" for a map for the proposed VISTA - East bus route. While the proposed VISTA Bus service would not begin operations until July 1, 1994, the Cooperative Agreement takes effect January 1, 1994. This arrangement provides time to prepare the bid document, interview perspective proposals, make a final section on the contract operator, and market the new service. It is proposed that the VISTA - East Commuter Express Bus service be implemented as a two -year demonstration project, to be terminated if performance standards are not met as identified in the Cooperative Agreement attached to this report as Attachment "B". The service will be evaluated at the end of the first and second years. As proposed, the VISTA bus service will operate weekdays between 6:00 a.m. and 7:00 p.m. with headways of 30 minutes during peak hours, and 60 minute headways during off -peak hours. One -way fares will be $1.00 for passengers between 6 and 65 years of age, and $.50 for senior citizens and physically /cognitively challenged riders. Children 5 years old and younger will ride free. Because the proposed VISTA service is an "express" bus, it will not have to comply with ADA paratransit requirements for complimentary service. The estimated cost for the VISTA - East Express Bus service is $565,000. It is proposed that the service be funded primarily with CMAQ funds for the two year demonstration project. VCTC has agreed VISTA Agreement December 9, 1994 Page 3 to apply for and administer the CMAQ funds on behalf of the participating jurisdictions. Each participating jurisdiction would be required to provide a its pro rata share of the required 11.5% match based on population. Moorpark's share of the match is $5,100 for each year of the demonstration period. The VISTA - East service is an eligible use of the City's TDA funds. If the VISTA - East service is continued past the second year, each participating jurisdiction will be responsible for funding 100% of its share of the costs. Currently, 10% of the total project is attributed to the City of Moorpark. It's important to note that if the VISTA - East bus service is successful in reaching the farebox return ratio of 20 %, TDA guidelines make it very difficult, if not impossible, to discontinue the service without jeopardizing a jurisdiction's annual allocation of TDA funds. If a transit service is established to fill an unmet need, the transit operator must show that the service has a low ridership demand by showing that the farebox return is lower than the TDA goal before service can be terminated. The costs identified in this staff report and in the Cooperative Agreement are estimates. It is possible that the total cost to the service could be lower than the estimate identified in the Agreement. The Cooperative Agreement will be terminated if VCTC is not successful in obtaining CMAQ funds for the two -year demonstration project, or if the cost to operate the VISTA service exceeds $565,000. Once bid proposals are received and the true cost has been identified, staff will return to Council for approval to allocate the necessary funds. The City Attorney reviewed and commented on the proposed Cooperative Agreement (attachment "C"). The City Attorney's comments have been addressed in the following way: 1. Evaluation of Services - VCTC is a non - voting Agency and as such, VCTC will participate in evaluating the VISTA service, but will not vote on the continuation, termination, or modification of the service. See Section 8. 2. Inconsistency with Exhibit B - The other jurisdictions' representatives felt that Exhibit B was sufficient and requested that no changes be made. The jurisdictions agree that the service will be evaluated before the end of the second year to determine whether to continue or terminate the service. See Exhibit B. VISTA Agreement December 9, 1994 Page 4, 1994 3. Exhibit B ambiguous - Again, the other jurisdictions felt that the language in Exhibit B, on page two and three, was sufficient and made clear the directions of the Task Force. 4. Contract Arrangements - The Task Force felt the concerns regarding indemnification would be better addressed in the contract with the bus operator. Staff suggests that the VISTA Task Force be asked to more clearly address indemnification and responsibilities in the event of a law suit. 5. Federal Funding Recipient - VCTC has been identified as the grant recipient for the Federal CMAQ funds. See Section 3. The Transportation and Streets Committee (Councilmembers Hunter and Wozniak) has reviewed the Cooperative Agreement and the proposed VISTA - East Express Bus Service and recommend that Council approve the two -year demonstration project. Recommendation The Transportation and Streets Committee and staff recommend that the Council: 1. Approve the City's participation in the two -year Ventura Intercity Service Transit Authority (VISTA) demonstration project subject to final language approval of the City Manager and City Attorney, and 2. Authorize the Mayor to sign the VISTA Cooperative Agreement. MOORPARK COLLEGE ■ ■ ■� ■ � ♦ Toe►nNdp MOORPARK Aver •♦ ♦ Arroe et. Av *NONE ONE 01 ■■■■■ ■ 01 1111■ lip" Aa • • • • • • • • .[z = Avg. • J 4— SIMI a✓" a° VALLEY CALIF. LUTHERAN UNIV. elf jt� THOUSAND OAKS THE --i• OAKS MALL �J 0. AGOURA HILLS WESTLAKE VILLAGE Rpm 6 -1 Ventura Count Regional Transit Study East County Preferred Alternative MENOMONIE Preferred Regional Route ■ ■ ■ ■ Peak Period Route Extension to Simi Valley Metrollnk Station N HIDDEN HILLS CALABASAS of L, A sec AtimhW- 4` ►'S`, COOPERATIVE AGREEMENT FOR A 2 -YEAR DEMONSTRATION PROGRAM EAST COUNTY AREA This Agreement is made and entered into by and among the CITY OF AGOURA HILLS (Agoura Hills), the CITY OF MOORPARK (Moorpark) , the CITY OF SIMI VALLEY ( Simi Valley) , the CITY OF THOUSAND OAKS (Thousand Oaks) , the, CITY OF WESTLAKE VILLAGE (Westlake Village) , the COUNTY OF VENTURA (County) , and the VENTURA COUNTY TRANSPORTATION COMMISSION (VCTC). These cities, the County and the VCTC are collectively referred to herein from time to time as the "AGENCIES ". The cities of Agoura Hills, Moorpark, Simi Valley, Thousand Oaks, and West- lake Village are collectively referred to herein from time to time as the "CITIES ". Section 1: Purpose The purpose of this Agreement is for the AGENCIES to cooperatively provide transit service as described in Attachment A by contract for a two -year demonstration period to determine the level of need for such services within the service area as described on Attachment A. Section 2: Name The name of the service to be provided pursuant to this Agreement by the AGENCIES shall be VENTURA INTERCITY SERVICE TRANSIT AUTHORITY (VISTA) - EAST AREA. Section 3: Funding The two -year demonstration program is to be funded approxi- mately 88.5% by Federal Congestion Mitigation and Air Quality (CMAQ) Funds as approved by the Ventura County Transportation Commission (VCTC) and the Federal Transit Administration (FTA) , and 11.5% by the AGENCIES. VCTC shall prepare and submit the CMAQ Funding Application through FTA. The VCTC is the grant recipient and is responsible for the federal funds received. The following approximate 11.5% local match shall be paid by the AGENCIES each year of the two year demonstration program based on population as follows. This will be the maximum amount of local funds needed for the first year of the demonstration program: City of Agoura Hills $ 4,200 City of Moorpark $ 5,100 City of Simi Valley $20,100 City of Thousand Oaks $20,600 City of Westlake Village $ 1,500 If, at the end of the first year, no passengers can be attributed to a participating member agency, the Agreement will be revised to delete that member agency from the service demonstration project. If Federal CMAQ Funds are not approved for this project, or if the lowest acceptable proposal for providing the services required is higher than the grant amount plus 11.5 %, and additional CMAQ money is not available for the difference, then any party may by 30 day written ntoice to the other parties, terminate participation in the Agreement. A terminating party will be responsible solely for its proportional share of any expenses incurred prior to the date of termination. section 4: Administration The VCTC will act as the lead agency to prepare and issue Requests for Proposals (RFP) for the contract services and the contract for the service provider selected. The VCTC will prepare the draft and final RFP and provide general project oversight. The CITIES and the COUNTY will review the RFP and the service contract for content. The COUNTY will monitor fares, ridership, routes, and customer feedback. The COUNTY will supervise on -board ridership survey data collection and will annually analyze ridership origin and boarding data. The COUNTY will provide VCTC and FTA with operational data as needed. The COUNTY will be reimbursed from the CMAQ grant amount for the COUNTY'S actual administration expenses associated with the COUNTY'S work on project administration. An estimate of administrative expenses is $18,190 annually. Fare revenues, including monthly pass revenue and any passenger contributions collected from specific establishments being served, will be used to defray operating costs. Fare revenues will be compared to actual ridership counts of passengers on the vehicles to obtain an accurate ridership assessment. Section 5: Term The term of this Agreement shall be for a two -and one half year period beginning at 12:01 AM January 1, 1994 and ending at Midnight on June 30, 1996 unless service is terminated as provided in Section 6. The Agreement will precede the anticipated start of service by six months. The Agreement may be extended by mutual written agreement of all parties. Section 6: Evaluation of Service It is expected the level of service described in Attachment A will be the maximum level provided in the first year of the demonstration program. The COUNTY will provide AGENCIES monthly and quarterly reports about operations, as shown in Attachment B. Based on the performance standards, also shown in Attachment B, the services will be evaluated by the AGENCIES at the end of the first year. Depending upon the results of that evaluation, the AGENCIES will decide if the services will be continued, modified and continued, or cancelled in the second year. If the services are cancelled, this Agreement shall automatically terminate, the AGENCIES will not pay second year costs, and any surplus local funds from the first year will be returned on a pro rata basis. For details about the evaluation process and schedule, see Attachment B. At the end of the first year, if service is continued, work will begin on a new formula for dividing local contributions and a new schedule for service evaluation for services which might operate after the two year demonstration program ends. Section 7: Changes This Agreement may be changed from time to time by mutual written agreement of all parties. Section 8: VISTA Meetings VISTA service review meetings shall be held in accordance with the State "Brown Act" at least two times each fiscal year by the AGENCIES. The VCTC will prepare meeting notices and agendas. Each of the CITIES and the COUNTY shall appoint a voting member, and the VCTC shall appoint a non - voting member, who shall attend meetings of the AGENCIES. Each agency may select its member by its own procedures. A quorum is necessary to transact any business; three members shall constitute a quorum. All actions shall be approved by majority vote. Section 9: Contract Arrangements Upon receipt of proposals for transit service, the AGENCIES shall select contractor to provide such service and shall obtain necessary approvals and authority to permit execution of contracts between contractor and AGENCIES which outline performance standards, routes, and costs. The VCTC, as the grant recipient, will sign the contract for service, after review by the AGENCIES. The contract will include operating details, performance standards and all local, regional, state and federal regulation compliance requirements. The selected contractor shall defend, indemnify and hold harmless AGENCIES, their officers, agents, and employees from all liability costs, damages or expenses, including attorneys' fees arising out of or incurred in connection with the performance of the contract services, and the contract will require the contractor, at the contractor's cost, expenses and risk, to defend any and all resulting actions, suits, or other legal proceedings brought or instituted against AGENCIES arising out of the contract services, and to pay and satisfy any resulting judgments, and shall provide to each AGENCY which is party hereto an insurance policy covering contrac- tor's activities with policy limits not less than $2 million each for general liability and automobile liability insurance. Contractor's insurance will be with a company admitted by the State of California and rated B +VII or better in Best's Insurance Guide. Each such policy shall be endorsed to include each AGENCY as an additional insured. Section 10: Changes to Agreement Any changes to this Agreement must be approved by the governing board for each AGENCY participating in this Agreement. Section 11: Parties to Agreement Any notice required to be given in writing under this Agreement shall be given to the AGENCIES at the following addresses: AGOURA HILLS:City Manager City of Agoura Hills 30101 Agoura Court # 102 Agoura Hills, CA 91301 MOORPARR:City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 SIMI VALLEY:City Manager City of Simi Valley 2929 Tapo Canyon Road Simi Valley, CA 93063 THOUSAND OARS:Public Works Director City of Thousand Oaks 2400 Willow Lane Thousand Oaks, CA 91361 WESTLAKE VILLAGE:City Manager City of Westlake Village 4373 Park Terrace Westlake Village, CA 91361 COUNTY:Deputy Director of Public Works Transportation Department - L#1620 County of Ventura 800 S. Victoria Avenue Ventura, CA 93009 VCTC:Executive Director 950 County Square Drive # 207 Ventura, CA 93003 In witness whereof, the parties hereto have executed this Agreement on the dates stated below. CITY OF AGOURA HILLS By Mayor Date CITY OF MOORPARK By Mayor Date CITY OF SIMI VALLEY By Mayor Date CITY OF THOUSAND OARS By Mayor Date CITY OF WESTLAKE VILLAGE By Mayor COUNTY OF VENTURA By Chair, Board of Supervisors Date VENTURA COUNTY TRANSPORTATION COMMISSION By Chair, VCTC Date Attachment A ROUTE AND SERVICE DESCRIPTION This demonstration program implements a new intercity, fixed route express bus service in eastern Ventura County and to adjacent Los Angeles County. At this time, the route will include stops at: Moorpark Metrolink Station; Moorpark College; Madera Road /Los Angeles Avenue and Wood Ranch Parkway /Madera Road in Simi Valley; Oaks Mall in Thousand Oaks; and at businesses along Agoura Road and Thousand Oaks Boulevard. The end of the route will be at Kanan Road /Agoura Hills Blvd.in Agoura Hills. Service will operate approximately between 6 am and 7 pm weekdays. In the morning and evening peak hours, buses will have 30 minute headways. In the off -peak, the headways will be 60 minutes. The peak hours will be a maximum of three hours in the morning and three hours in the afternoon. The schedule will be arranged to provide timed transfers with local and intercounty transit providers such as: the Moorpark City Bus at the Moorpark Metrolink Station; Simi Valley Transit (in particular, to access the Simi Metrolink Station) ; Thousand Oaks Transit and the VISTA HWY. 101 service at the Oaks Mall; the SCRTD /MTA service at Westlake Village Plaza; and, with the Agoura Hills /Oak Park Dial -A -Ride at Thousand Oaks Blvd. /Lindero Canyon Road and Thousand Oaks Blvd. / Kanan Road. One way fares will be $1 for passengers between 6 and 65 years of age, and 50c for senior citizens and physically /cognitively challenged riders. Children 5 years and younger ride free if accompanied by fare paying adult. A VISTA prepaid fare program will be developed by the VCTC to offer discounted multirides. Attachment B (Page 1 of 3) PERFORMANCE REPORTING On a monthly basis, the County will provide the following statistics: Farebox Revenues (total and by fare category) Contractor operating Costs Administrative Costs Total Operating Costs Vehicle Service Hours Total Hours Vehicle Service Miles Total Miles Passengers On a quarterly basis, the County will summarize monthly statistics by quarter and total year -to -date, as well as calculate the following indicators: Farebox Recovery Ratio Passenger Fare Ratio* Total Operating Cost per Vehicle Service Hour Total Operating Cost per Passenger Passengers per Vehicle Service Hour Passengers per Vehicle Service Mile On a annual basis, the County will use on board survey information gathered periodically throughout the year, to analyze where passengers' trips originate, as well as where the passengers board. * The "Passenger Fare Ratio" statistic is calculated as follows: ((Full Fare Passengers * Base Fare) + (Discount Fare Passengers * Discount Fare)) /Total Operating Costs Full Fare Passengers and Discount Fare Passengers include those passengers who use passes or some type of multiride tickets. Attachment B (Page 2 of 3) PERFORMANCE STANDARDS Service at the end of the first year will be evaluated based on "Passenger Fare Ratio" actual results for the best quarter of the year. Performance Range 0% to 5.9% 6% to 14.9% 15% and higher Action Hold public hearing and decide whether or not to cancel service. Modify service and continue. Continue service. Other factors, in addition to those noted above, which will be considered in evaluating service include but are not limited to the following, increasing ridership trends, and, the potential impact of a service modification or cancellation on system connectivity (e.g., transfers between other intercity VISTA and local services). Actions to modify the service may include items such as: increased marketing schedule/ headway changes route changes fare changes. Service will also be evaluated at the end of the second Year based on "Passenger Fare Ratio" actual results for the best quarter of the year. Performance Range 0% to 11.9% 12% to 19.9% 20.0% and higher Action Hold public hearing and decide whether or not to cancel service. Consider modifying and continuing service. Continue service. Other factors, in addition to those noted above, which will be considered in evaluating service include but are not limited to the following: increasing ridership trends, and, the potential impact of a modification or cancellation of service on system connectivity (e.g., transfers between other intercity VISTA and local services) . Attachment B (Page 3 of 3) EVALUATION SCHEDULE For the first year, the process for evaluating service relative to performance standards is as follows: July 1, 1994 Service begins. January, 1995 AGENCIES meet to review year -to -date (i.e., first six months) performance trends. For service which has not yet met the 6% Passenger Fare Ratio requirement, contingency plans for service modification and /or service cancellation will be formulated. March, 1995 Unmet transit needs hearings are conducted. As part of these meetings, AGENCIES may wish to inform public of: - service performance results to date - schedule for service cancellation (i.e., in the event of less than 5.9% Passenger Fare Ratio results) - plan(s) for service modifications (i.e., Passenger Fare Ratio results in the 6% to 14.9% range). April, 1995 Review third quarter performance results and begin contingency plan implementation (e.g., notice of public hearing, notice to service provider, schedule /route changes) for services with less than 15% Passenger Fare Ratio. May or June, 1995 Hold public hearing relating to either service cancellation (i.e., less than 6 %) or service modification (i.e., 6% to 14.9% range). Notify service provider of upcoming changes. July 1, 1995 Less than 6% -- cancel service; 6% -14.9% -- implement service modifications; and 15% or higher, continue service. If service is continued for the second year of the demonstration program, a similar schedule would be followed beginning on July 1, 1995. September 13, 1993 Mary Lindley Assistant to the City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: VISTA Cooperative Agreement - East Area Dear Mary: Under cover of a letter dated August 23, 1993 and received on September 1, 1993, you transmitted the above - described document to me and requested that any comments on the document be provided to you prior to September 22, 1993. My comments are noted below. 1. Section 5. Evaluation of Services. This section expressly provides that the services will be evaluated by the AGENCIES and VCTC. On the other hand, it is silent with respect to which entity will decide whether the services are to be cancelled, modified or continued. If the decision is to be made by the AGENCIES, whether the decision will be determined by a unanimous vote or some lesser vote also needs to addressed. (Cf. § 7.) In addition, this section is inconsistent with Exhibit B, page 2. The former specifies one evaluation to be held at the end of the first year. The latter specifies two evaluations, one to be held at the end of the first year and the other to be held at the end of the second year. To further confuse matters, the Evaluation Schedule on page 3 is silent with respect to a second evaluation. AX:6841 l . l Ake"' ECFr9F0 ISEP 0 %93 LAW OFF IC: E`er �,. �f 4�1� (,I �il r�l�l ;f � 131JRKE, `ti'ILLIAMS DUI ;I;�151:I\ VENTURA COUNTY OFFICE 611 WEST SIXTH .,TRFE.� SOR£NSEN 6 GAAR 2310 PONDEROSA ORIVE LOS ANGELES, CALIFORNIA _IGHTON PLAZA E)OOi7 SUIT£ 1 7300 COLLEGE BOU-EVARO CAMARILLO, CALIf ORNIA 93010 12i�) ±,3f, 0—')') 1,UITE 22C (805) 967-3466 _ OVERLAND PARK. KANSAS 66J10 :.9131 339-6200 TELECOPIE'R ORANGE COUNTY OFFICE 'JJp17E RS 01RECT DIAL 3200 pR15TOL STREET 213- 236 -2721 SUITE 640 COSTA MESA, CALIFORNIA 92626 01359 -001 17141545 -5559 OUR FILE NO September 13, 1993 Mary Lindley Assistant to the City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: VISTA Cooperative Agreement - East Area Dear Mary: Under cover of a letter dated August 23, 1993 and received on September 1, 1993, you transmitted the above - described document to me and requested that any comments on the document be provided to you prior to September 22, 1993. My comments are noted below. 1. Section 5. Evaluation of Services. This section expressly provides that the services will be evaluated by the AGENCIES and VCTC. On the other hand, it is silent with respect to which entity will decide whether the services are to be cancelled, modified or continued. If the decision is to be made by the AGENCIES, whether the decision will be determined by a unanimous vote or some lesser vote also needs to addressed. (Cf. § 7.) In addition, this section is inconsistent with Exhibit B, page 2. The former specifies one evaluation to be held at the end of the first year. The latter specifies two evaluations, one to be held at the end of the first year and the other to be held at the end of the second year. To further confuse matters, the Evaluation Schedule on page 3 is silent with respect to a second evaluation. AX:6841 l . l Mary Lindley September 13, 1993 Page 2 There is also ambiguity within Exhibit B. First, on page 2 the public hearing is limited to the 0% - 5.9% Performance Range, but on page 3 (May /June, 1995) the public hearing is expanded to include the 6% - 14.9% Performance Range. Secondly, on page 2 (Performance Range /Action) and on page 3 (June 1, 1995) cancellation is mandated if performance is less than 6 %, which means that the evaluation of connectivity impact on page 2 is either a meaningless exercise or the mandate is overstated. 2. Section 9. Contract Arrangements. Unless the "AGENCIES" is to become a separate legal entity, which it is not by this document, simply having the contractor indemnify and hold harmless the AGENCIES and "its" officers agents and employees will not protect the individual cities and "their" officers, agents and employees. I also advise you that even if the City is appropriately indemnified, it is still at risk of liability. Indemnification is only as good as the insurance and financial worth of the indemnifier, in this case the contractor. The other area in which the City may be at risk of liability is with respect to the federal funding. Typically under federal grant programs, the grant recipient is responsible for any misappropriation of funds. From this document, I cannot identify who the recipient will be. If you have any questions regarding my comments, please do not hesitate to contact me. CJK:hsk cc: Steven Kueny, City Manager LAX: 68411.1 ery t -�uly yours, C ER L J. KA�E l CITY ATTORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN 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 Agreement 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 understandings, 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. 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 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. KMP- 12- 0393(11:21 am)A: \DBA12- 15.RPT 5 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 judgment or decree rendered in such a proceeding shall include an award thereof. R. 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. 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 Ventura County, California. T. The captions and headings of the various Articles and Paragraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. V. RESPONSIBLE INDIVIDUAL The individual directly responsible for MESTRE GREVE overall performance of the contract provisions herein above set forth and to serve as principal 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 person 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. KMP- 12- 03- 93(11:21 am)AADBA12- 15.RPT 6 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 KMP- 12-03- 93(11:21 am)A:1DBA12- 15.RPT 7 Exhibit "A" MESTRE GREVE ASSOCIATES PROPOSAL DATED OCTOBER 25, 1993 KMP- 12-03- 93(11:21 am)A: \DBA12 -15. RPT iq Sincerely, Mestre Greve Associates by Mestre Grove Associates Principal October 25, 1993 Ms. Kathleen Mallory City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Proposal for the City of Moorpark Noise Element Update Dear Ms. Mallory: I am pleased to submit this proposal to assist the City in updating the Moorpark Nois° Element of the General Plan. The primary focus of our effort will be to determine existing and future noise levels throughout the community, and to assist staff in developing policies to mitigate potential noise impacts. A scope of work is attached which supplements the Scope of Work contained in the Request for Proposal. The remainder of this proposal is divided into two sections; scope of work and qualifications. The qualifications include general background on Mestre Greve Associates, as well as specific experience and resumes. We are very proud of the fact that we have prepared or updated Noise Elements for over 36 cities. A list of these elements along with other work experience is included in the qualifications. We propose to complete the attached scope on a tittle and materials basis with a cost not to exceed $4,800. Our hourly rates are $100 for Registered Engineers, $50 for staff engineers, 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 1 would like to thank you agi in for the opportunity to bid on this important project. If 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. iq Sincerely, Mestre Greve Associates by Fred Greve, P.F. Principal RECEIVED OCT 2 6 1993 260 Newport Canter Drive, Suite 230 • Newport beach. CA 92660 • (714) 760 -089. • Fax (71a) 760 -OWof Moorpark NOISE ELEMENT UPDATE SCOPE OF WORK BACKGROUND The purpose of 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 will 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 meeting 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 noise contours will be generated with the FHWA 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 current City 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 and provide presentations at up to four City Planning Commission and City Council meetings. Exhibit "B" 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 expertise. KMP- 12- 03- 93(11:21 am)A: \DBA12- 15.RPT 1