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CITY OF SAN BERNA:)DINO - REQUEST FQilC:~~~~l!:5 ACTION
From:" ROGER G. HARDGRAVE
Authorization to Execute Standard
Su~e~: Form Agreement -City of Grand
Terrace - Development of East
Valley Sub Area Traffic Model
Dept: Publi.c Works
Dete: 7-6-94
Synopsis of Previous Council a~ion:
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
FUNDING REQUIREMENTS:
Gene R. Klatt
Staff Report, Agreement
and Resolution
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Amount: $235.828 (\I::
Source: (Acct. No.1
Phone:
5125
Contact person:
Supponing data attached:
Ward:
All
Sales Tax - Local Funds)
129-309-57734
Acct. Oescri tion
Forecastinq Model
.~>
Council Notes:
15.0262
Agenda Item No II ('"
CITY OF SAN 8ERN~INO
- REQUEST F~ COUNCIL ACTION
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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
'communities, 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 Grand Terrace 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.
7-6-94
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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE CITY OF GRAND TERRACE RELATING
3 TO THE DEVELOPMENT, OPERATION AND MAINTENANCE OF THE EAST VALLEY
SUB AREA TRAFFIC MODEL.
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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 Grand Terrace for the development,
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.
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SECTION 2. The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (90) days of the passage of this
resolution.
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7-6-94
RESO: EXECUTING AGREEMENT WITH CITY OF GRAND TERK8~L KL~i~~~
TO THE F~ST VALLEY SUB AREA TRAFFI~~ODEL.
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
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Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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4-12-94
AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
1994, by and between the City of Grand Terrace, a municipal
corporation of the state of California, hereinafter, referred to as
"Grand Terrace" 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
aqencies in order to comply with provisions of the Conqestion
Manaqement Plan, apply for Federal-Aid Funds, and update
Circulation Elements of their qeneral plans; and
WHEREAS, the proposed model needs to look beyond the boundaries of
each specific jurisdiction; and
WHEREAS, San Bernardino has entered into an Aqreement with JHK and
Associates to develop a traffic model; and
WHEREAS, San Bernardino is willinq to develop a larqer model with
qreater detail within "Grand Terrace" provided "Grand Terrace" pays
associated additional costs, as well as provides required data for
accurate model development; and
WHEREAS, Colton, Grand Terrace, Hiqhland, Lema Linda, Redlands, and
Rialto, in the East Valley Sub Area, have expressed an interest in
havinq San Bernardino extend the limits of the model to include
their incorporated areas, in order to achieve cost savinqs throuqh
economy of scale and consolidation of effort; and
WHEREAS, identical aqreements 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 extendinq 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
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WHEREAS, the traffic model developed pursuant to this Agreement
shall be referred to as the "East Valley Sub Area Model"~ and
WHEREAS, "Grand Terrace" 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 "Grand Terrace" 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 "Grand Terrace"
prior to final submittal to SANBAG and include "Grand Terrace"
in the developmental meetings leading to the final model.
1.07 Submit quarterly bills to "Grand Terrace" for their
proportionate share of the costs received by San Bernardino
from the Consultant for development of the East Valley Sub
Area Model.
1. 08 Submit a model run for "Grand Terrace" of their street network
upon completion of project.
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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, includinq
preliminary model development, equipment acquisition,
staffinq, applicable overhead charqes, and any other costs
directly attributable to project, except for the share to be
borne by "Grand Terrace" as provided, hereinafter.
1.11 Submit an accountinq to "Grand Terrace" of all costs charqed
to the project alonq with a statement for "Grand Terrace's"
share of the cost.
MAINTENANCE OF MODEL AND ON-GOING 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 "Grand Terrace" to the extent that update information and
chanqes are submitted by "Grand Terrace" as required in a
timely manner.
1.13 Prepare a cost accountinq (hourly rate) that includes the
actual costs necessary for staff, benefits, and overhead for
updatinq the model, makinq requested model runs so "Grand
Terrace" may request as many such runs as required to
adequately address development impacts within their
jurisdiction and be billed accordinqly. 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
aqreement. The hourly rate is set at $45.00 per hour for the
first year of the aqreement.
1.14 Provide adequate staffinq so the model remains current and
model runs can be made in a reasonable amount of time from the
request, provided "Grand Terrace" 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 processinq 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 chanqes to the
approved model, and secure "Grand Terrace'.- approval prior to
authorizinq any major chanqes, thereof (major updates).
Maintain logs of requested model runs, aqency that requested,
and data supplied for model run.
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SECTION TWO - "Grand Terrace" SHALL --
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 "Grand
Terrace" and reimburse San Bernardino, within 30 days after
receipt of an itemized statement of cost. "Grand Terrace's"
share is estimated to be $5,834.00, but in no event shall
"Grand Terrace'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 "Grand Terrace" provided that
"Grand Terrace" 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
"Grand Terrace" 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 wi thin 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
"Grand Terrace".
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
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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
model development and maintenance is included.
2.09 Provide written instructions and acceptable data as approved
by "Grand Terrace" in cases where "Grand Terrace" 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
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
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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 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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AGREEMENT: EAST V~EY SUB AREA TRAFFIC MODEL_
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IN WITNESS WHEREOF, the parties hereto have caused this Aqreement
to be executed by their respective officials, thereunto, duly
authorized.
ATTEST
By:
City Clerk
Approved as to form and
Leqal content:
JUles F. Penman
City Attorney
CITY OF "Grand Terrace"
By: fJ
Byr Matteson, Ma r
cit of "Grand Terrace"
CITY OF SAN BERNARDINO
By
Tom Minor, Mayor
city of San Bernardino
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