HomeMy WebLinkAbout15-Public Works ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Nadeem Majaj, Director Subject: Resolution approving Agreement for
Professional Services with Srinivasa S.
Dept: Public Works Bhat to provide Modeling Services for the
East Valley Sub Area Traffic Forecasting
Date: November 30, 2010 Model (EVTM).
MCC Date: January 10, 2011
Synopsis of Previous Council Action:
06/23/94 Resolution No. 94-143, establishing a fee schedule for providing professional services in
connection with the East Valley Sub Area Traffic Forecasting Model.
09/21/01 Resolution No. 2001-282, authorizing the Mayor to execute an agreement for professional
transportation modeling services with Srinivasa S. Bhat.
08/01/05 Resolution No. 2005-261, authorizing the Mayor to execute an agreement for professional
transportation modeling services with Srinivasa S. Bhat.
05/15/06 Resolution No. 2006-133, authorizing the Mayor to execute Amendment No. 1 to the
agreement for professional transportation modeling services with Srinivasa S.Bhat.
06/18/07 Resolution No. 2007-189,authorizing the Mayor to execute Amendment No. 2 to the agreement for
professional transportation modeling services with Srinivasa S. Bhat.
07/07/08 Resolution No. 2008-259, authorizing the Mayor to execute Amendment No. 3 to the agreement for
professional transportation modeling services with Srinivasa S. Bhat.
07/06/09 Resolution No. 2009-182, authorizing the Mayor to execute Amendment No. 4 to the agreement for
professional transportation modeling services with Srinivasa S. Bhat.
Recommended Motion:
Adopt Resolution.
Aadeern Majaj
Contact
Person: Robert G. Eisenbeisz, City Engineer Phone: 5203
Supporting data Staff Report, Resolution,
attached: Exhibit A (Agreement) and Ward: ALL
Attachment 1 (Scope of Services)
Amount: $50,000. Cost will be reimbursed Acct.No.
FUNDING by Agencies and Developers, pursuant to 001-400-5502-0000-0026
REQUIREMENTS: Resolution 94-143.
Acct. Description: Purchase Order for Traffic Modeling Services
Finance:
Council Notes:
ia'��i.�
Agenda Item No. /6
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Agreement for Professional Services with Srinivasa S. Bhat to provide Modeling
Services for the East Valley Sub Area Traffic Forecasting Model.
Background:
In the early 1990's, the City established a program to provide East Valley Sub Area Traffic
Forecasting modeling services to developers, other agencies and its own Capital Improvement
Program. On June 23, 1994, Resolution No. 94-143 was adopted, establishing a fee schedule and
authorizing billing to developers and other agencies for services provided in connection with the East
Valley Sub Area Traffic Forecasting Model.
The program initially envisioned using City staff to run the model; however, based on the complexity
and time constraints involved in responding to requests for traffic model information, ongoing
maintenance requirements, staffing limitations, and the need for extensive specialized training, it was
determined that a consultant could most efficiently provide these services to the City. On September
21, 2001, Mr. Bhat was retained to provide the services and has provided the services continuously
since that time. He was selected based on his specialized training and expertise in traffic modeling, as
well as his past experience. Mr. Bhat is the only individual consultant known to staff with the required
qualifications, expertise and regional background knowledge to provide these services on a part-time
contractual basis. Mr. Bhat worked 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 this program.
In order to meet the demand for modeling services resulting from development activity in the region,
staff is requesting authorization for the City to enter into an agreement with the consultant with an
annual compensation that is not to exceed $50,000. Pursuant to Resolution 94-143, the City is
reimbursed for costs incurred in providing traffic modeling services to developers and agencies. These
services will be provided on an on-call, as-needed basis. Payment will be made based on actual hours
required to complete each model run and the consultant is aware that there is no guarantee of the total
amount of compensation to be paid under this agreement. The consultant is allowed the use of City
equipment, materials and office space; however, there is no provision for additional compensation for
expenses, such as meals, vehicle or mileage allowance, copying, shipping, training, etc.
Staff recommends that the City Manager be authorized to execute the attached Standard Agreement for
Services (Exhibit "A") with Mr. Bhat and that the Director of Finance be authorized to issue a
purchase order in the amount of $50,000 for on-call traffic modeling services. The most recent
agreement with Mr. Bhat expired on June 30, 2010. The new agreement is proposed to remain valid
through June 30, 2011 and may be administratively extended for one additional year.
Mr. Bhat has provided this service to the City for the past nine years at a rate of$45.00 per hour. Due
to the cost of professional liability insurance, Mr. Bhat is requesting that the rate be increased to
$60.00 per hour. Staff has determined that this request is reasonable, considering that consulting firms
typically charge more than twice that rate for similar services.
2
12/21/2010
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT-Continued
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 or agencies requesting the information will reimburse the City through the
fees collected. Funds for on-call traffic modeling services are appropriated in Public Works
Department, Traffic Engineering Section, FY 2010-2011 budget account for
Professional/Contractual Services (Account No. 001-400-5502-0000-0026).
The cost of model runs prepared for the Capital Improvement Program are billed to the specific
project account. Developers and outside agencies requesting model runs are billed at the rate of
$90.00 per hour to cover both direct and indirect costs.
Account: 001-400-5502-0000-0026 Budgeted Amount: $150,000
Balance as of 11/30/10: $150,000 Balance after the approval of this item: $100,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Recommendation:
Adopt Resolution.
Attachments:
1. Resolution
2. Exhibit "A" (Agreement)
3. Attachment "1" (Scope and Fee)
3
12/21/2010
1 RESOLUTION NO. COPY
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
4 AGREEMENT FOR PROFESSIONAL TRANSPORTATION MODELING SERVICES
WITH SRINIVASA S. BRAT.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7
8 SECTION 1. That the City Manager is authorized to execute the Agreement for
9 Professional Services with Srinivasa S. Bhat to provide professional transportation modeling
10 services on an "as needed"basis(attached and incorporated herein as Exhibit"A"). A contract is
11 entered into with said consultant for the actual costs incurred, not to exceed $50,000.00, but such
12 agreement shall be effective only upon being fully executed by both parties.
13
SECTION 2. This agreement and any amendment or modifications thereto shall not
14
15 take effect or become operative until fully signed and executed by the parties and no party shall
16 be obligated hereunder until the time of such full execution. No oral agreements, amendments,
17 modifications or waivers are intended or authorized and shall not be implied from any act or
18 course of conduct of any party.
19 SECTION 3. The Finance Department is authorized to issue a Purchase Order to the
20 Consultant,which incorporates this Resolution and Agreement.
21
SECTION 4. The authorization to execute this resolution is rescinded if the parties to
22
23 the contract fail to execute it within sixty(60)days of passage of this resolution.
24
25
26
27 -:TA
28
- 1 -
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF CITY OF SAN
2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL TRANSPORTATION MODELING SERVICES
3 WITH SRINIVASA S. BHAT.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of 2011,by the following vote,to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10 DESJARDINS
11 BRINKER
12
SHORETT
13
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18 Rachel Clark, City Clerk
19
The foregoing resolution is hereby approved this day of , 2011.
20
21
22 Patrick J. Moms, Mayor
City of San Bernardino
23 Approved as to
form:
24
JAMES F. PENMAN,
25 City Attorney
26
27 By: /M
28
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EXHIBIT A
AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of 2011
("Effective Date"),by and between the CITY OF SAN BERNARDINO,a charter city("City"),
and SRINIVASA S. BHAT("Consultant").
WITNESSETH :
A. WHEREAS, City proposes to have Consultant perform professional transportation
modeling services on an as needed basis as described herein below;and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS,no official or employee of City has a financial interest,within the provisions
of California Government Code, Sections 1090-1092,in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall famish professional transportation
modeling services on an as needed basis to City in accordance with Attachment "1", Scope
of Services, attached and incorporated herein.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect
its performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant's performance of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
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EXHIBrr A
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color,national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, or any other category protected by law, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract,and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City Business
Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that
as the provider of the City's professional transportation modeling services on an as needed basis,
Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing
Consultant's obligations under this Agreement. Consultant, in performing its obligations under
this Agreement, is governed by California's conflict of interest laws, Government Code Section
87100 et seq.,and Title 2, California Code of Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to City under this Agreement, Consultant shall
provide the City Engineer a written list of the Assessor Parcel Numbers and general location or
address of any and all real property located in the City of San Bernardino in which Consultant
has any ownership interest, or which is the location of any pending project that is a source of
income for Consultant. Consultant shall keep this list current on a monthly basis during the
entire tern of this Agreement.
1.8.2 Consultant shall not work on any task that is related to any real property that is
located within 500 feet of any parcel in which Consultant has any ownership
interest or which is the location of any pending project that is a source of income
for Consultant.
2.0. COMPENSATION AND BILLING
2.1. Compensati on. Over the term of this Agreement, Consultant shall be paid $60.00
per hour for such services, subject to not-to-exceed limit of$50,000 per fiscal year in payment
for work performed by Consultant providing professional transportation modeling services on an
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EXHIBIT A
as-needed basis.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the Scope of Services unless the City or its Managing Engineer for this Project,
prior to Consultant performing the additional services, approves such additional services in
writing. It is specifically understood that oral requests and/or approvals of such additional
services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer
for approval on a progress basis, but no more often than monthly. Said invoice shall be based on
the total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail,the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order,where applicable,on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Managing Engineer for inspection and/or audit at mutually
convenient times for a period of three (3)years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The obligation to perform the
professional services to be performed pursuant to this Agreement shall commence within five (5)
days from the Effective Date of this Agreement. Said services shall be performed in strict
compliance with the Project Schedule issued by the Managing Engineer. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include,but not be limited to, acts of God, fire, strikes, material shortages,compliance with
laws or regulations,riots, acts of war, or any other conditions beyond the reasonable control of a
ply.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the date approved by the City Manager
and continue through June 30, 2011, unless previously terminated as provided herein or as
otherwise agreed to in writing by the parties. An administrative extension of one additional year
may be authorized,subject to the prior written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement,with or without cause, at any time,by providing written notice to Consultant.
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EXHIBIT A
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits,per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
(c) Workers'compensation insurance as required by the State of California.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
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EXHIBIT A
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City,prior to performing any services under this Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Engineer or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Managers. City shall designate a Managing Engineer to work directly
with Consultant in the performance of this Agreement.
Consultant shall designate a Project Consultant who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Consultant shall attend and assist in all coordination meetings called by City.
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EXHIBIT A
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Srinivasa S. Bhat Robert Eisenbeisz
21 Silverwood Lane City Engineer
Pomona,CA 91766 300 North D Street
San Bernardino,Ca 92418
Fax: 909-384-5573
Tel: 909-630-8003 Tel: 909-384-5019
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement,the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the City shall be considered as
"attorneys' fees"for the purposes of this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or
death of any person or persons or damages of any nature including,but not by way of limitation,
all civil claims or workers' compensation claims, arising out of or in any way connected with the
intentional or negligent acts, errors or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
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independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings,reports,documents, information and data
including,but not limited to,computer tapes or discs, files and tapes famished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement,and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses,including attorneys' fees,arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents firmished by Consultant. Consultant shall deliver to City any findings,reports,
documents,information, data,in any form, including but not limited to,computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including,without limitation,those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.13. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
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Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver.
6.21. Severabilitv. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance.
6.22. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
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EXHIBIT A
6.24 Damaees. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or
contracts or in law or in equity.
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EXHIBIT A
AGREEMENT FOR SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, CONSULTANT
A Municipal Corporation SRINIVASA S. BHAT
By
Charles E. McNeely,City Manager Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
B 11✓✓ V,
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ATTACHMENT "I"
SERVICES AGREEMENT
for
Srinivasa S.Bhat
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
• AM/PM 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
• CONSULTANT 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.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Robort Eisenbeisz, City Engineer Subject: Resolution approving • Agreement for
Professional Services with Srinivasa S.
Dept: Public Works Bhat to provide Modeling Services for the
East Valle/;,., Are
Traffic Forecasting
Date: August 17, 2010 Model (EV
MCC Date: October 18
Synopsis of Previous Council Action:
06/23/94 Resolution No. 94-143, establishing a fee schedule f providing professional services in
connection with the East Valley Sub Area Traffic Foreca ng Model.
09/21/01 Resolution No. 2001-282, authorizing the Mayor execute an agreement for professional
transportation modeling services with Srinivasa S. Bb/dt.
08/01/05 Resolution No. 2005-261, authorizing the Mayor to execute an agreement for professional
transportation modeling services with Srinivasa S. Bhat.
05/15/06 Resolution No. 2006-133, authorizing th Mayor to execute Amendment No. 1 to the
agreement for professional transportation m e-ung services with Srinivasa S. Bhat.
06/18/07 Resolution No.2007-189, authorizing the,,YAayor to execute Amendment No. 2 to the agreement for
professional transportation modeling se ices with Srinivasa S.Bhat.
07/07/08 Resolution No.2008-259, authorizingAe Mayor to execute Amendment No. 3 to the agreement for
professional transportation modelin services with Srinivasa S. Bhat.
07/06/09 Resolution No. 2009-182, authori ' g the Mayor to execute Amendment No. 4 to the agreement for
professional transportation modpling services with Srinivasa S. Bhat.
Recommended Motion:
Adopt Resolution.
Robert G. Eis beisz
Contact
Person: R96ert G. Eisenbeisz, City Engineer Phone: 5253
Supporting data Staff Report, Resolution,
attached: Exhibit A(Agreement) and Ward: ALL
Attachment 1 (Scope & Fee)
Amount: $50,000. Cost will be reimbursed by
FUNDING Agencies and Developers,pursuant to Acct. No. 001-400-5502
REQUIREMENTS: Resolution 94-143.
Acct. Description: Purchase Order for Traffic Modeling Services
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Agreement for Professional Services with Srinivasa S. Bhat to provide Modeling
Services for the East Valley Sub Area Traffic Forecasting Model.
Background:
Based upon the complexity and time constraints involved in responding to requests for traffic 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, 2001. The consultant was selected based upon his very specialized training and
expertise in traffic modeling, as well as his past experience. Mr. Bhat is the only consultant that staff is
aware of with the required qualifications, expertise and regional background knowledge to provide
these services on a part-time contractual basis. Mr. Bhat also worked 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 this program.
In order to meet the anticipated demand for modeling services resulting from the development activity
in the region, staff is requesting authorization for the City to enter an agreement with the consultant
with an annual compensation that is not to exceed $50,000, (see Exhibit "A"). Pursuant to Resolution
94-143, the City is reimbursed for costs incurred in providing traffic modeling services to developers
and agencies.
Staff is requesting authorization for the City Manager to enter an agreement and for the Director of
Finance to issue a purchase order in the amount of$50,000 to Mr. Bhat for on-call traffic modeling
services. The current contract with Mr. Bhat expired in June 30, 2010. The proposed contract will be
for one year and may be renewed on an annual basis up to a total of five years.
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 or agencies requesting the information will reimburse the City through the fees
collected. Funds for this professional/contract services are appropriated in Public Works Department,
Traffic Engineering Division, FY 2010-2011 budget account for Professional/Contractual Services
(account no. 001-400-5502)
Account: 001-400-5502 Budgeted Amount: $150,000
Balance as of 10/4/10: $150,000 Balance after the approval of this item: $100,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
2
10/06/2010
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT- Continued
Recommendation:
Adopt Resolution.
Attachments:
1. Resolution.
2. Exhibit A(Agreement)
3. Attachment 1(Scope and Fee)
3
10/07/2010