Loading...
HomeMy WebLinkAbout21-Public Works . . CITY OF SAN BERN~_.IDINO - From: ROGER G. HARDGRAVE REQUEST F,- ~ COUNCIL ACTION File No. 6.44-5 Authorization to Execute Standard Subject: Form Agreement - City of laDa Linda - Development of East Valley Sub Area Traffic Model Dept: Public Works Date: 7-21-94 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 a~ Signature - Contact person: Gene R. Klatt &taff Report, Agreement and Resolution Phone: 5125 Supponing data attached: Ward: All" FUNDING REQUIREMENTS: Amount: $235,820 (!(: Sales Tax - Local Funds) Source: (Acct. No.) 129-309-57731 f , . Forecastirtq Model (Acct. DescriPtion) Congestion Management Traffic Finance:~r/'~ / Council Notes: 75-0262 Agenda Item No~ , CITY OF SAN BERN~~, IDINO - REQUEST F\ }I 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- muni ty. Al though 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. ~xpanding 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 Lorna LInda 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. " 7-21-94 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF LOMA LINDA RELATING TO 3 THE 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 Lorna Linda 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 18 19 20 21 22 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. " / / / / 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 7-21-94 RESO: EXECUTING AGREEMENT WITH CITY OF LOMA LINDA RELATING TO THE \ST VALLEY SUB AREA TRAFFJ 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: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER ABSTAIN AYES NAYS ABSENT 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. Tom Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attor-ney " - 2 - 4-12-94 AGREEMENT THIS AGREEMENT, made and entered into this ___ day of , 1994, by and between the city of Lema Linda, a municipal corporation of the State of California, hereinafter, referred to as "Lema Linda" 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 agenc~es 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 "Lema Linda" provided "Lema Linda" 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 JH~ 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 1>e referred to as the "East Valley Sub Area Model"; and Page 1 WHEREAS, specify, is to be Lama Linda and San Bernardino do mutually desire to herein, the terms and conditions under which said project 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 "Lama Linda " 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 "Lama Linda" prior to final submittal to SANBAG and include "Lama Linda" in the developmental meetings leading to the final model. 1.07 Submit quarterly bills to "Loma Linda" 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 "Loma Linda" 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 prel;iminary model development, equipment acquisition, staffing, applicable overhead charges, and any other costs Page 2 directly attributable to project, except for the share to be borne by "Loma Linda" as provided, hereinafter. 1.11 Submit an accounting to "Loma Linda" of all costs charged to the project along with a statement for "Loma Linda'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 "Lama Linda" to the extent that update information and changes are submitted by "Loma Linda" 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 "Lama Linda" 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. 1.14 Provide adequate staffing so the model remains current and model runs can be made in a reasonable amount of time from the request, provided "Lama Linda" 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 model, and secure "Lama Linda's" approval prior to authorizing any major changes, thereof (major updates). Maintain 10gs of requested model runs, agency that requested and data supplied for model run. ' SECTION TWO - "Lama Linda" 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 "Lama Page 3 Linda" and reimburse San Bernardino within 30 days after receipt of an itemized statement of cost. "Loma Linda's" share is estimated to be $8,673.00, but in no event shall "Lema Linda'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 "Loma Linda" provided that "Lema Linda" 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 "Loma Linda" 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 "Lema Linda". 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 shaJ.l 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 model development and maintenance is included. Page 4 2.09 Provide written instructions and acceptable data as approved by "Loma Linda" in cases where "Loma Linda" 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 availabl~ty 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 Page 5 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 ~inding 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 IIII " Page 6 AGREEMENT: EAST VA~~EY SUB AREA TRAFFIC MODEL' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. ATTEST By: City Clerk Approved as to form and Legal content: James F. Penman City Attorney CITY OF "Loma Linda" ~~~:-..~ Robert Christman, Mayor City of "Loma Linda" CITY OF SAN BERNARDINO By Tom Minor, Mayor City of San Bernardino , , Page 7 -=- ~