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HomeMy WebLinkAbout19-Public Works From: ROGER G. HARDGRAVE REQUEST FO' COUNCIL ACTION Fil.. Nn Ii 44-0; Authorization to Execute Standard Subject: Form Agreement - City of Highland- Development of East Valley Sub Area Traffic Model CITY OF SAN BERN~DINO - Dept: Public Works Date: 9-7-94 Synopsis of Previous Council action: June, 1992 - Allocation of $150,000.00 approved in 1992/93 Budget from the 1/2 cent Sales Tax Fund. 02-15-93 Authorization granted to issue Request for Proposals in connection with the development of a Traffic Forecasting Model. 09-06-93 Resolution No. 93-354 adopted entering into Agreement for Professional Design Services - JHK. 03-21-94 Establishment of one additional position of Engineering Assistant III approved. 04-04-94 Approval in principle of agreement with adjacent cities. 06-20-94 Resolution No. 94-143 adopted establishing fee schedule. Recommended motion: Adopt resolution. cc: Shauna Clark Jim Penman ,DIt1N., OFF.LCEI 2 SEP 9/,7: 41 Signature Contact person: Gene R. Klatt Staff Report, Agreement and Resolution Phone: 5125 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: $235,820 (~~ Sales Tax - Local Funds) Source: (Acct. No.! 129-309-57734 Acct. Descri tion estion Forecastinq Model Finance: ::OUncil Notes: I 75-0262 Agenda Item NO,jj CITY OF SAN BERNt.'DINO - REQUEST F~ COUNCIL ACTION STAFF REPORT The City has entered into an agreement with JHK & Associates to develop a Traffic Forecast Model for the City. In doing the initial work, it was determined that the model, as a basic requirement, must extend beyond the boundaries of the com- munity. Although not in great detail, it must look at the surrounding communities and their traffic and land use data. After investigation and contact with the adjacent . communi ties, it was determined that the cost of expanding the model (by adding sufficient detail to the other areas) would produce a regional model and could be done at less cost than each city preparing its own model. In turn, each adjacent city, in- cluding Redlands, Highland, Grand Terrace, Colton, Lorna Linda and Rialto, was contacted to see if there was interest in a joint effort. All of the listed cities have expressed interest in a joint effort. It is realized that a model that addresses all of the concerns of the region, would speed the development process and eliminate many points of conflict. The result is the attached agreement which has been reviewed and approved by all of the agencies, the City Attorney's office, MIS and the Administrator's Office. In general, it sets forth the operations, cost sharing, responsibilities, and duties of each city. It received concept approval by the Mayor and Common Council April 4, 1994. The City of Highland has executed the agreement and it is now ready to be approved by the City of San Bernardino. We recommend that the agreement be approved. 9-7-94 75-02" , o o RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF HIGHLAND RELATING TO 3 THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB AREA TRAFFIC MODEL. 4 5 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, an agreement with the City of Highland for the development, 9 operation and maintenance of the East Valley Sub Area Traffic 10 Model, a copy of which agreement is attached hereto marked 11 Exhibit "A" and incorporated herein by reference as fully as 12 though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. The authorization to execute the above- fail to execute resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 9-7-94 J.~.i,;",;;.J.v~ .I.....I"'............V..l..J......'4U rtUI\.L.o.L.,l.'.u...I.'4..1.. ~J....I..r.l. \.....L..L.l VL n. .I.1.urt.l.'4.LJ KL~.L....L\fU TO THE,.EAST VALLEY SUB AREA TRAF~~ MODEL. - ,) 1 I HEREBY CERTIFY that the foregoing resolution was"duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of , 1994, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of , 1994. Approved as to form and legal content: Tom Minor, Mayor Ci ty of San Bernardino James F. Penman City Attorney By - 2 - ~IBIT -A- o 4-12-94 AGREEMENT ~HIS AGREEMENT, made and entered into this ____ day of , 1994, by and between the city of Highland, a municipal corporation of the state of California, hereinafter, referred to as "Highland" and the city of San Bernardino, a municipal corporation of the State of California, hereinafter, referred to as "San Bernardino". WITNESSETH WHEREAS, a transportation forecast model is needed by local agencies in order to comply with provisions of the congestion Management Plan, apply for Federal-Aid Funds, and update Circulation Elements of their general plans: and WHEREAS, the proposed model needs to look beyond the boundaries of each specific jurisdiction: and WHEREAS, San Bernardino has entered into an Agreement with JHK and Associates to develop a traffic model: and WHEREAS, San Bernardino is willing to develop a larger model with greater detail within "Highland" provided "Highland" pay. associated addit:?nal costs, as well as provides required data for accurate model ci~~elopment: and WHEREAS, Colton, Grand Terrace, Highland, Loma Linda, Redlands and Rialto in the East valley Sub Area have expressed an interest in having San Bernardino extend the limits of the model to include their incorporated areas, in order to achieve cost savings through economy of scale and consolidation of effort: and WHEREAS, identical agreements may be entered into between San Bernardino and each of the listed cities: and WHEREAS, the development of a consistent model for the East Valley Sub Area insures consistency and reduces development costs for all participants: and WHEREAS, San Bernardino has obtained a price quote " from JHx and Associates for extending the limits of the model to include these additional areas, in an amount of $235,820.00: and WHEREAS, the traffic model will necessarily be developed in accordance with the Southern California Associated Government's (SCAG) Comprehensive Transportation Model for the County of San Bernardino: and WHEREAS, the traffic model developed pursuant to this Agreement shall be referred to as the "East Valley Sub Area Model": and Page 1 o o WHEREAS. Highland and San Bernardino do mutually desire to specify, hereilt,the terms and conditions under which said project is to be completed, financed, and maintained; and WHEREAS, development of the expanded model is proposed for the 1994/95 fiscal year. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION ONE - SAN BERNARDINO SHALL MODEL DEVELOPMENT PERIOD 1.01 Perform necessary contract negotiations and administer the contract with the selected development firm for creation of said model. 1.02 Amend Agreement with JHK and Associates to include the other cities in the East Valley Sub Area with the cost for the expanded model distributed among the participating agencies as set forth on Attachment A. 1.03 Act as Lead Agency in securing Environmental Review approval, prepare all required repqrts, agreements, coordinate activities of the consultant, ~dvise "Highland" of the needed data, hold task force meetiligs with involved agencies on progress and model development. 1.04 Prepare a working model, consistent with county'l'ransportation model as determined by SANBAG and acceptable to SCAG. 1.05 Arrange for collection of data necessary for the development of the model. 1.06 Submit a model run for review and comment to "Highland" prior to final submittal to SANBAG and include "Highland" in the developmental meetings leading to the final model. 1.07 Submit quarterly bills to "Highland" for their proportionate share of the costs received by San Bernardino froll the Consultant for development of the East Valley Sub Area Model. 1.08 Submit a model run for "Highland" of their street network upon completion of project. 1.09 Obtain the necessary computer equipment, programs, and support materials necessary to operate and maintain the model. 1.10 Accept responsibility for all costs of the project, including preliminary model development, equipment acquisition, staffing, applicable overhead charges, and any other costs Page 2 1- o o 1.11 directly attributable to project, except for the share to be borne by "Highland" as provided hereinafter. Submit an accounting to "Highland" of all costs charged to the project along with a statement for "Highland's" share of the cost. KAJ:NTENANCE OF MODEL AND ONGOING MODELLING EFFORTS 1.12 Upon completion of the project, assume maintenance of the model constructed within the area under jurisdiction of San Bernardino and maintenance of the model with the jurisdiction of "Highland" to the extent that update information and changes are submitted by "Highland" as required in a timely manner. 1.13 Prepare a cost accounting (hourly rate) that includes the actual costs necessary for staff, benefits and overhead for updating the model, making requested model runs so "Highland" may request as many such runs as required to adequately address development impacts within their jurisdiction and be billed accordingly. The hourly rate shall be established and adjusted annually based on increases in the services provided, mandated salary increases and other such factors but only after review of data by parties to the agre_ent. The hourly rate is set at $45.00 per hour for the first year of the agreement. 1.14 Provide adequate staffing so the model remains current and model runs can be made in a reasonable amount of time from the request, provided "Highland" makes update information available as required. The City of San Bernardino will maintain a log of requests, provide estimated time for completion at time of request, commit to processing first in first out,. and provide overtime or priority service when staff is available for such serivce and only upon payment of increased fees. 1.15 Maintain a detailed record of any proposed changes to the approved lIodel, and secure "Highland's" approval prior to authorizing any major changes, thereof (major updates). Maintain logs of requested lIodel runs, agency that rsquested and data supplied for model run. SECTION TWO - "Highland" SHALL -- 2.01 Assist San Bernardino in accomplishing the required data collection for development of the lIodel and correct input of land use types and transportation networks. 2.02 Accept responsibility for the share of the project costs for the enlargement of the model to include the city of "Highland" Page 3 1_- o o and reimburse San Bernardino within 30 days after receipt of an itemized statement of cost. "Highland's" share is estimated to be $18,014.00, but in no event shall "Highland's" total obligation under this agreement exceed the actual cost of enlarging the model as determined by the final contract change order issued to the selected consultant and reviewed by "Highland" provided that "Highland" may, at its sole discretion, in writing, authorize a greater amount for additional work as desired. 2.03 Execute this agreement in a timely manner, but in no case later than Sept. 1, 1994, such that the project may proceed and be completed within the 1994/95 fiscal year with an anticipated completion date of November, 1994. 2.04 Make those arrangements that may be necessary for the collection of data on land use, transportation network and traffic counts as may be necessary for accurate model development and/or maintenance. 2.05 Accept responsibility for the reqular update information that is required to maintain an accurate model and notify the city of San Bernardino of major changes in land use, development and/or traffic count data necessary for the development and maintenance of the model. 2.06 Agree with the adopted cost accounting methods and chargu to be levied for model maintenance and model runs as requested by "Highland" in that they reflect the actual hourly wage. and benefits and overhead experienced by the City of San Bernardino for providing said service. Accept that change. in such charges shall occur as .alari.. are adjusted, benefit costs increase, and other such changes occur within the bargaining uni~ within the city. 2.07 Agree to make no secondary sales of model information or output that extend beyond the legal boundaries of the city of "Highland". 2.08 Agree to a uniform pricing schedule for model output or model runs that is to be provided to all third parti.. (private sector developers or consultants). Such rate ahall be determined at annual meetings of all participants to the agreement and ahall be established by majority vote of participants in attendence at the annual meeting. General Plan updates or information used exclusively by the city ahall be at the hourly rates established in section 1.14. Information used for encouraging development within the city and delivered to third party interests shall be at a rate of $90.00 and shall be established such that cost recovery for model development and maintenance i. included. Page 4 o o 2.09 Provide written instructions and acceptable data as approved by "Highland" in cases where "Highland" directs that the third party consultant deal directly with San Bernardino for model information. Signed authorization forms will permit San Bernardino to perform requested model runs using approved input data and will be billed at the rate listed in 2.08. 2.10 Agree to negotiate an appropriate cost sharing method with all model users in the event one or more of the model users requests an upgrade or update of fixed assets (computer or other hardware) prior to the projected useful life of the equipment. SECTION THREE - BE IT FURTHER AGREED BY THE PARTIES HERETO -- 3.01 That no part to the agreement, nor officer, nor employees, thereof, shall be responsible for any damage or liability occurring by reason of anything done or in connection with any work, authority, or jurisdiction delegated to the parties under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, each party shall fully indemnify and hold all other parties harmless from any liability for injury Cas defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction delegated under this Agreement. 3.02 By combined funding, the Cities are able to construct a larver size model than is planned by any of the Cities and thereby create additional capacity for analysis and a consistent application of the modeling effort. SECTION FOUR - TERMINATION -- 4.01 Either party may terminate this agreement upon 30 day written notice. 4.02 The City that is withdrawing from the agreement is entitled to only a current model run (hard copy output or magnetic data output) for that portion of the model contained within the legal boundaries of their city. Data contained in the entire model will be subject to a negotiated price and availablity of supporting software. Negotiations shall consider overall cost for .odel development, equipment and support services. 4.03 After termination, the withdrawing City may request aodel runs and data, but only as defined as a third party and subject to the hourly charges established for third party request:a. 4.04 Failure to provide necessary data for updates as required or failure to provide them in a timely manner will result in that portion of the model being inaccurate. Repeated failure to Page 5 o o supply data or make efforts at model maintenance may result in a request to terminate this agreement. 4.05 Should the City of San Bernardino terminate this agreement, a copy of the full model at the time of termination shall be provided to the local traffic agency (SANBAG) for use by the participants. The supporting software, hardware, and other such items will remain the property of the City of San Bernardino. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the parties involved. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII Page 6 AGREEMENT: EAST ~LEY SUB AREA TRAFFIC MOD~ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. CITY OF "Highland" :t~ T , Mayor ty of "Highland" By: CITY OF SAN BElUIARDINO By Tom Minor, Mayor City of San Bernardino ATTEST ATTEST By: city Clerk -- Pr1:4fJ! h J lJ i - df. (1W/ldOlU Dilbbie Anderson, City Clerk City of Highland Approved as to fona and Laqal content: J.... F. Penman City Attorney Approved as to form: By: By: Mugue ite P. Battersby City Attorney Ci ty of Highland Page 7 Iliillll t J ) ~ I ) I I' ~ ~ J I ] J j i ..I Ii "