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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolution approving Amendment No. I to the
Agreement for Professional Services with
Srinivasa S. Bhat to provide Modeling
Services for the East Valley Sub Area Traffic
Forecasting Model (EVTM).
MCCDate: May15,2006 ORIGINAL
Dept: Development Services
Date: April 21, 2006
FileNo.
Synopsis of Previous Council Action:
06/23/1994 Resolution No. 94-143, establishing a fee for providing professional services in connection with
the East Valley Sub Area Traffic Forecasting Model.
09/21/2001 Resolution No. 2001-282 authorizing the Mayor to execute an agreement for professional
transportation modeling services with Srinivasa S. Bhat.
08/01/2005 Resolution No. 2005-261 authorizing the Mayor to execute an agreement for professional
transportation modeling services with Srinivasa S. Bhat.
Recommended Motion:
I. Adopt Resolution.
2. That the Director of Finance be authorized to amend the FY 05-06 budget by increasing revenue
account number 001-000-4710 by $15,000 and expenditure account number 001-185-5502 by
$15,000 to cover anticipated expenses and revenue reimbursements for Srinivasa S. Bhat for FY
05-06.
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Contact
Person:
Mark Lancaster, Deputy Director/City Engineer
Phone:
3305
Supporting data
attached:
Staff Report, Resolution,
Exhibit A (Amend No. I to Agreement) and
Attachment A (Ori2inal A2reement)
No net cost to the City --
Amount: Cost will be reimbursed bv
Agencies and Developers. pursuant to
Resolution 94-143.
Ward:
ALL
Account No.
FUNDING
REQUIREMENTS:
Acc!. Description: Purchase Order for Traffic Modeling Services
Finance:
Council Notes: Pe.5D. 21Y'in- I ~3
Agenda Item No. I (p
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Amendment No. 1 to the Agreement for Professional Services with Srinivasa S.
Bhat to provide Modeling Services for the East Valley Sub Area Traffic Forecasting Model (EVTM)
The traffic model is used to forecast future travel patterns and traffic volumes on the sub-regional
roadway network. This information is essential for proper transportation infrastructure planning.
The original agreement is attached hereto as Attachment "A."
Backeround:
Based upon the complexity and time constraints involved in responding to requests for model
information, ongoing maintenance requirements, current staffing limitations, and the need for
extensive specialized training, a consultant will be better able to provide timely service to the City,
developers and other participating agencies.
Mr. Bhat has been providing these services to the City since September 17, 200\. The consultant was
selected based upon his very specialized training and expertise in traffic modeling, as well as his past
experience. Staff is not aware of any other consultant or firm capable of providing this service under
similar circumstances with similar contractual limitations and hourly fees. Mr. Bhat is the only
consultant that we are aware of with the required qualifications, expertise and regional background
knowledge to provide the services on a part-time contractual basis. Mr. Bhat also works full-time in a
similar capacity with Southern California Associated Governments (SCAG). Since SCAG supplies
much of the data needed for the East Valley Traffic Model, and since this sub-regional model is
derived from the regional SCAG model, it is of great benefit to the City to have Mr. Bhat assist City
staff in operating and maintaining the East Valley Traffic Model.
In order to meet the increasing demand for modeling services resulting from the increased
development activity in the region, staff is requesting authorization for the City to amend the
agreement with the consultant to increase the annual compensation to an amount not to exceed
S 1 00,000, per Exhibit "A" attached hereto. Pursuant to Resolution 94-143, the City is reimbursed for
costs incurred in providing modeling services to developers and agencies requesting said services.
Financial Impact:
It is anticipated that there will be no net cost to the City of San Bernardino for Mr. Bhat's services
because the developers and/or agencies requesting information reimburse the City of San Bernardino
for the cost of his fees, pursuant to Resolution No. 94-143.
Recommendation:
1. Adopt Resolution, and
2. Authorize the Director of Finance to amend the FY 05-06 budget by increasing revenue account
number 001-000-4710 by $15,000 and expenditure account number 001-185-5502 by $15,000 to
cover anticipated expenses and revenue reimbursements for Srinivasa S. Bhat for FY 05-06.
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ATTACHMENT "A"
.
AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this 0ltL day of at.L~
2005, by and between the City of San Bernardino, California, a municipal corporation,
hereinafter referred to as the "CITY" and Srinivasa S. Bhat, hereinafter referred to as
"CONSULTANT."
WITNESSETH:
A. WHEREAS, CITY has a need for professional transportation modeling services
on an as needed basis and,
B. WHEREAS, CONSULTANT is competent and able to perform said
transportation modeling services, and,
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide transportation modeling services to CITY in
accordance with Attachmenf1;
2. TERM OF AGREEMENT
The services of CONSULTANT are to commence after CITY has authorized
work to start by issuance of a Notice to Proceed. This Agreement shall expire
one year from the date of this Agreement and it may be renewed on an annual
basis up to a total of five years, subject to the written agreement of both
parties for each annual renewal.
3. COMPENSATION
A. The CITY shall compensate the CONSULTANT at an hourly rate of $45
per hour, not to exceed $50,0000 over the term of this agreement, in
accordance with Attachment 1. Said compensation shall be considered
reimbursement of actual costs (including labor costs, employee benefits,
overhead, profit, other direct and indirect costs) incurred by the
CONSULT ANT in performance of the work, except that reimbursement
shall not include courier services, mileage or reimbursement for travel to
the CITY. This Agreement may be canceled by two weeks written notice
by either party.
B. Said compensation shall not be altered unless there is significant alteration
in the scope, complexity or character of the work to be performed. Any
adjustment of the total cost of services will only be permitted when the
CONSULTANT establishes and CITY has agreed, in writing, that there
has been, or is to be, a significant change.
C. The CONSULTANT is required to comply with all Federal, State and
local laws and ordinances applicable to the work.
D. City acknowledges that Consultant has performed transportation modeling
services to City during the Fiscal Year 2004-05, of which $17,100 for such
services are remaining to be paid to Consultant. City agrees to pay
Consultant $17,100 within thirty (30) days of the execution of this
Agreement, bringing the total authorized amount to $41,895 for
Consultant for Fiscal Year 2004-05. This $17,100 payment shall be
included in the not-to-exceed limitation of $70,000 for total compensation
referenced in Section 3(A) of this Agreement.
4. STANDARD OF PERFORMANCE
CONSULTANT shall complete all work product and design in conformance
with City of San Bernardino Standard Specifications and Standard Drawings.
The transportation model and all work product from the transportation model
shall remain the property of the City of San Bernardino.
5. CHANGES/EXTRA SERVICES
Performance of the work specified in the Proposal is made an obligation of
CONSULTANT under this Agreement, subject to any changes made
subsequently upon mutual written agreement of the parties. Any change,
which has not been so incorporated, shall not be binding on either party.
6. PAYMENT BY CITY
The billings for all services rendered pursuant to this Agreement shall be
submitted monthly by CONSULTANT to CITY and shall be paid by CITY
within thirty (30) days after receipt of same, excepting any amounts disputed
by CITY. CITY retains the right to challenge all or any part of an invoice.
All tasks as specified in Proposal shall be completed prior to final payment.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
The Director of Development Services of CITY or his designee, shall have the
right of general supervision over all work performed by CONSULTANT and
shall be CITY's agent with respect to obtaining CONSULTANT's compliance
hereunder. No payment for any services rendered under this Agreement shall
be made without prior approval of the Director of Development Services or
his designee.
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8. COMPLIANCE WITH CIVIL RIGHTS LAWS AND AMERICANS
WITH DISABILITIES ACT
CONSULTANT hereby certifies that it will not discriminate against any
employee or applicant for employment because of race, color, religion, sex,
marital status, national origin or disability. Hiring practices and employee
policies of CONSULTANT shall comply with applicable Federal, State and
local laws. Such action shall include, but not be limited to, the following:
Recruitment and recruitment advertising, employment, upgrading and
promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure of the other party to
perform in accordance with the terms of this Agreement. Each party shall
have twenty (20) days following the date of such notice within which to
correct the substantial failure giving rise to such notice. CONSULTANT
hereby covenants and agrees that upon termination of this Agreement for
any reason, CONSULTANT will preserve and make immediately
available to CITY, or 'its designated representatives, all maps, notes,
correspondence, or records related to work paid for by the CITY and
required for its timely completion, and to fully cooperate with CITY so
that the work to be accomplished may continue. Any subsequent use of
such incomplete documents shall be at the sole risk of the CITY and CITY
agrees to hold harmless and indemnify CONSULTANT from any claim,
losses, costs, including attorney's fees, and liability arising out of such
use.
B. This Agreement may be terminated for the convenience of the CITY upon
thirty (30) days written notice to CONSULT ANT. Upon such notice,
CONSULTANT shall provide work product to CITY and CITY shall
compensate CONSULT ANT in the manner set forth above.
C. Following the effective date of termination of the Agreement pursuant to
this Section, the Agreement shall continue until all obligations arising
from such termination are satisfied.
10. CONTI:\'GENCIES
In the event that, due to causes beyond the control of and without the fault or
negligence of CONSULTANT, CONSULTANT fails to meet any of its
obligations under this Agreement, and such failure shall not constitute a
default in performance, the CITY may grant to CONSULTANT such
extensions of tIme and make other arrangements or additions, excepting any
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increase in payment, as may be reasonable under the circumstances. Increases
in payment shall be made only under the "changes" provision of the
Agreement.
11. INDEPENDENT CONTRACTOR
CONSULTANT shall act as an independent contractor in the performance of
the services provided for under this Agreement. CONSULTANT shall furnish
such services in its own manner and in no respect shall it be considered an
agent or employee of the CITY.
12. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned by
CONSULTANT without the written consent of CITY. Any attempt by
CONSULTANT to assign or subcontract any performance of this Agreement
without the written consent of the CITY shall be null and void and shall
constitute a breach of this Agreement.
13. NOTICES
All official notices relative to this Agreement shall be in wntmg and
addressed to the following representatives of CONSULTANT and CITY:
CONSULTANT
CITY
Srinivasa S. Baht
21 Silverwood Lane
Pomona, CA 91766
Mr. James Funk, Director
Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
Upon termination, or completion of all work under this Agreement,
CONSULTANT will transfer ownership and title to CITY of all programs,
reports, documents, plans and specifications.
15. INDEMNITY
CONSULTANT shall indemnify, defend and hold CITY, its officers,
employees and agents harmless from and against any and all claims, demands,
suits, actions, proceedings, judgments, losses, damages, injuries, penalties,
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costs, expenses (including attorney's fees) and liabilities, of, by, or with
respect to third parties, which arise from CONSULT ANT's negligent
performance of services under this Agreement. CONSULT ANT shall not be
responsible for, and CITY shaIl indemnify, defend and hold harmless
CONSULTANT from and against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses
(including attorneys' fees) and liabilities of, by or with respect to third parties,
which arise from the CITY's negligence. With respect to any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries,
penalties, costs, expenses (including attorneys' fees) and liabilities of, by or
with respect to third parties, which arise from the joint or concurrent
negligence of CONSULTANT and' CITY, each party shaIl assume
responsibility in proportion to the degree of its respective fault.
16. LIABILITYIINSURANCE
CONSULTANT shaIl maintain insurance policies meeting the minimum
requirements set forth herein. AIl insurance maintained by the
CONSULTANT shaIl be.provided by insurers satisfactory to the CITY.
Certificates evidencing all insurance coverage required herein shall be
delivered to the CITY prior to the CONSULTANT performing any of the
services under the Agreement. AIl insurance certificates required herein shaIl
name the CITY as an additional insured and provide for thirty (30) days
written notice from the insurer to the CITY prior to canceIlation of any
insurance policy of the CONSULTANT.
A. COMPREHENSIVE GENERAL LIABILITY AND AUTOMOBILE
INSURANCE - The CONSULTANT shaIl maintain comprehensive
general liability and automobile liability insurance with a combined single
limit of not less than One Million DoIlars ($ I ,000,000.00) per occurrence.
B. WORKER'S COMPENSATION INSURANCE - The CONSULTANT
shaIl maintain worker's compensation insurance in accordance with the
laws of the State of California for all workers employees by the
CONSULTANT.
17. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement
shaIl be construed as not containing such provision, and all other provisions
which are otherwise lawful shaIl remain in fuIl force and effect, and to this
end the provisions of this Agreement are declared to be severable.
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18. ENTIRE AGREEMENT
This Agreement represents the entire and integrated understanding between
the parties hereto and supersedes all prior and contemporaneous negotiations,
representations, understandings and Agreements, whether written or oral, with
respect to the subject matter thereof. This Agreement may be amended only
by written instrument signed by both parties.
III
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
Date:
Date:
ATTEST:
!~Iv..-{ ,fa. C.14A.Je/
Rac el Clark, Clly Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
By: ~1-<. f
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./
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SRINIV ASA S. BHA T
bY~
S ature
SR.rl'Jl v-M ';11 r1-(
Print Name/Title I ~
Kf9r7J ~ re:;,l...... .
1
CITY OF SAN BERNARDINO
l/-. , /" / ~
by: ,,1.'.:.. _ ~-<:--'"
Judith-Valles
Mayor
~ CltyofSan Bernardino
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A TT ACHMENT 1
SERVICES AGREEMENT
For
Srinivasa S. Bbat
Scope of Services:
The CONSULTANT shall perform services including, but not limited to, the following activities:
. Data Management of the City's East Valley Transportation Model (EVTM)
. Network changes to EVTM
. AMlPM Base Line (2003) and future (2030) EVTM forecasts
. Select Link/Select Zone processes
. Turning movement data input and extraction from EVTM
. Preparation of summary and status-EVTM reports in a timely manner
. CONSULT ANT shall work under the direction of the City Engineer
. CONSULTANT shall not share or provide any EVTM data with any person or
organization
. CONSULTANT shall not share or provide any EVTM data with any person or
organization unless specifically directed by the City Engineer
Compensation:
. CITY shall compensate CONSULTANT for actual hours worked at a rate of $45.00
per hour and according to terms in this agreement.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL TRAFFIC
MODELING SERVICES WITH SRINIV ASA S. BHAT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute Amendment No. I to the
Agreement for Professional Services with Srinivasa S. Bhat for provision of professional
transportation modeling services (attached and incorporated herein as Exhibit "A"). An
amended contract is entered into with said consultant for the actual costs incurred. not to
exceed $65,000 for FY 05-06, but such Amendment No.1 shall be effective only upon being
fully executed by both parties. The Mayor is hereby authorized and directed to execute said
Amendment No. I on behalf of the City.
SECTlOJ;'l 2. The Finance Department is authorized to increase Purchase Order No.
999214 by $15,000 for a total purchase order amount of$65,000 for FY 05-06.
SECTION 3. The Finance Department is further authorized to extend the Agreement
and Amendment No. I to that Agreement for one additional year through FY 06-07 and to issue
a Purchase Order to the Consultant, which incorporates this Resolution and Amendment No. I,
in the amount of $100,000, once funds are appropriated in the Development Services
Department budget for FY 06-07.
SECTION 4. This resolution is rescinded if the parties to the Agreement fail to execute
it within sixty (60) days of passage of this resolution.
/Il
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL TRAFFIC
MODELING SERVICES WITH SRINIV ASA S. BHA T.
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
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
MC GINNIS
DERRY
KELLEY
JOHNSON
McCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2006.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
~
/.
'/Ct'T\-~
mes F. Penman,
ity Attorney
EXHIBIT A
AMENDMENT NO.1 TO AGREEMENT FOR SERVICES
This AGREEMENT is made and entered into this day of
,2006, by and between SRINIV ASA S. BHAT ("CONTRACTOR") and
the CITY OF SAN BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, on August 1,2005, the Mayor and Council of CITY approved an
Agreement for Services with CONTRACTOR for professional traffic modeling
services, and
B. WHEREAS, CONTRACTOR, under terms of said Agreement for Services,
has performed competent and timely professional traffic modeling services for
CITY since August 1,2005, and
C. NOW, THEREFORE, the parties hereto agree as follows:
1. The Agreement for Services, Section 3, Compensation, is hereby
amended to increase the amount of the contract to $65,000 for FY 05-06
and $100,000 for FY 06-07.
2. The Agreement for Services, Section 2, Term of Agreement, is hereby
amended to extend the term to June 30, 2007.
3.' All other terms and conditions of the Agreement for Services shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. I to
Agreement for Services on the day and date first above shown.
Date:
By:
Srinivasa S. Bhat
(CONTRACTOR)
By:
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney