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C'.TV OF SAN BERN~DINO - REQUE~IleFO' 6~9_~NCIL ACTION
From: ROGER G. HARDGRAVE
Authorization to Execute Standard
Subject: Form Agreement - City of Colton -
Development of East Valley Sub
Area Traffic Model
~e~: Public Works
~ate: 11-28-94
>ynopsis 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 and direction to prepare agreement in final
form for execution by participating cities.
06-20--94 "- Resolution No. 94-143 adopted establishing fee
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~ecommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
NJV 9< 11: ?>7
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)I>IH' . "'FFlCEI
::ontact person: Gene R. Klatt
Staff Report. Agreement
>upporting data attached: and Resolution
Phone:
')17')
Ward:
All
=UNDING REQUIREMENTS:
Amount:
$235,820
( , (: Sales Tax - Local Funds)
129-309--577319
, ,
Source: (Acct. No.)
Forecast:..nq Eodel.
Finance:
Traffic
Acct. Descri
:ouncil Notes:
, 5-0262
Agenda Item No. I.i./
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PUBLIC WORKS DEPARTMENT
File No. 6.44-5
SYNOPSIS OF PREVIOUS COUNCIL ACTION (Cont.):
08-01-94 Resolutions 94-210, 94-211 and 94-212 adopted
authorizing agreements with Cities of Redlands, Rialto
and Grand Terrace for development, operation and
maintenance of traffic model.
08-15-94 -- Resolution 94-246 adopted authorizing agreement with
City of Lorna Linda for development, operation and
maintenance of traffic model.
10-03-94 -- Resolution 94-297 adopted authorizing agreement with
City of Highland for development, operation and main-
tenance of Traffic Model.
11-28-94
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CITY OF SAN BERNOIDINO - REQUEST ~ 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 tha.t th" 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, eRch 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 Colton 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.
11-28-94
;.0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON RELATING TO THE
3 DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY SUB
AREA TRAFFIC MODEL.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City,
8 an agreement with the City of Colton 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-
19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within sixty (90) days of the passage of this
21 resolution.
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11-28-94
RESO: EXECUTING AGREEMENT WITH CITY OF COLTON RELATING
TO THE (:;ST VALLEY SUB AREA TRAFFI(":,~IODEL.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor
3 Bernardino at a
4 day of
5 Council Members:
6 NEGRETE
7 CURLIN
and Common Council of the City of San
meeting thereof, held on the
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HERNANDEZ
OBERHEL~JAN
DEVLIN
POPE-LUDLAM
MILLER
, 1994, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
Approved as to form
and legal content:
James F. Penman
City Attorney
~J~~'~
, 1994.
Tom Minor, Mayor
Ci ty of San Bernardino
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4-12-94
AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of November
=-, 1994 , by and between the city of Colton a municipal
corporation of the State of California, hereinafter referred to as
"Colton" 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 "Colton" provided "Colton" pays associated
additional costs as well as provides required data for accurate
model development and,
WHEREAS, Colton, Grand Terrace, Highland, Lema 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 JHK and
Associates for extending the limits of the model to include theses
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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
WHEREAS, Colton and San Bernardino do mutually desire to specify
herein 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 reports, agreements, coordinate activities of
the consultant, advise "Colton " of the needed data, hold task
force meetings with involved agencies on progress and model
development.
1.04 Prepare a working model, consistent with county
Transportation 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 "Colton" prior
to final submittal to SANBAG and include "Colton" in the
developmental meetings leading to the final model.
1.07 Submit quarterly bills to "Colton" for their proportionate
share of the costs received by San Bernardino from the Consultant
for development of the East Valley Sub Area Model.
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1.08 Submit a model run for "Colton" 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.
1.11 Accept responsibility for all costs of the project,
preliminary model development, equipment. acquisition,
applicable overhead charges, and any other costs
attributable to project, except for the share to be
"Colton" as provided hereinafter.
including
staffing,
directly
borne by
1.12 Submit an accounting to "Colton" of all costs charged to the
project along with a statement for "Colton's" share of the cost.
MAINTENANCE OF MODEL AND ONGOING MODELLING EFFORTS
1.13 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
"Colton" to the extent that update information and changes are
submitted by "Colton" as required in a timely manner.
1.14 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 "Colton" 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 agreement. The hourly rate is set at $45.00
per hour for the first year of the agreement.
1.15 Provide adequate staffing so the model remains current and
model runs can be made in a reasonable amount of time from the
request, provided "Colton" makes update information available as
required. The City of San Bernardino will maintain a log of
requests, provide estimated time for completion at time of request,
commmit to processing first in first out and provide overtime or
priority service when staff is available for such serivce and only
upon payment of increased fees.
1.16 Maintain a detailed record of any proposed changes to the
approved model, and secure "Colton's" approval prior to authorizing
any major changes thereof (major updates). Maintain logs of
requested model runs, agency that requested and data supplied for
model run.
SECTION TWO "COLTON" SHALL
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2.01 Assist San Bernardino in accomplishing the required data
collection for development of the model and correct input of land
use types and transportation networks.
2.02 Accept responsibility for the share of the project costs for
the enlargement of the model to include the city of "Colton" and
reimburse San Bernardino, within 30 days after receipt of an
itemized statement of cost. "colton's"$hare is estimated to be
$20,489.00 but in no event shall "Colton'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 "Colton" provided that "Colton"
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 June 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 regular 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 charges to
be levied for model maintenance and model runs as requested by
"Colton" in that they reflect the actual hourly wages and benefits
and overhead experienced by the City of San Bernardino for
providing said service. Accept that changes in such charges shall
occur as salaries are adjusted, benefit costs increase and other
such changes occur within the bargaining units 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
"Colton".
2.08 Agree to a uniform pricing schedule for model output or model
runs that is to be provided to all third parties (private sector
developers or consultants). Such rate shall be determined at
annual meetings of all participants to the agreement and shall be
established by majority vote of participants in attendence at the
annual meeting. General Plan updates or information used
exclusively by the City shall 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
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model development and maintenance is included.
2.09 Provide written instructions and acceptable data as approved
by "Colton" in cases where "Colton" 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 (as
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
larger sized 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 model
development, equipment and support services.
4.03 After termination, the withdrawing City may request model
runs and data but only as defined as a third party and subject to
the hourly charges established for third party requests.
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 supply
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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.
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IN WITNESS WHEREOF, the parties hereto
to be executed by their respective
authorized.
have caused this Agreement
officials thereunto duly
CITY OF "COLTON"
A'ITEST:
~.&&rff
Mayor
City of" ton"
_/ . . ./7 .
'I,zd,,,<--I{/. ~??1r'<>./
Helen A. Ramos, eM:
City Clerk
City of Colton
CITY OF SAN BERNARDINO
By
Tom Minor, Mayor
City of San Bernardino
ATTEST
By:
City Clerk
Approved as to form and
Legal content:
James F. Penman,
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