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HomeMy WebLinkAbout20- Public Works CITY OF SAN BER"DINO - REQUEST FNR COUNCIL ACTION File No. 6.44 Authorization to Execute a Con- From: ROGER G. HARDGRAVE Subject: sultant' s Agreement with JHK & Associates for Traffic Forecaster Dept: Public Works Model - Establishment of Addi- tional Position of Civil Engi- neering Assistant III Synopsis of Previous Council action: June , 1992 -- Allocation of $150 , 000 approved in 1992/93 Budget for the 1/2G Sales Tax Fund. 02-15--93 -- Authorization granted to issue Request for Proposals in connection with development of a Traffic Forecasting Model. Recommended motion: Adopt resolution. CC. Shauna Clark Tim Steinhaus Barbara Dillon Jim Penman Si to Contact person: Roger G. Hardqrave Phone: 5025 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: $149 , 858 (1/2� Sales Tax-Local Funds) Source: (Acct. No.) 129-309-57734 Acct. Description) Congestion Manage ent el Finance: Council Notes: </`✓ iv 7 S� / ��^�_ 'r 75-0262 Agenda Item No.z=12� C I T Y OF S A N B E R N A R D I N 0 INTEROFFICE MEMORANDUM CITY ADMINISTRATOR'S OFFICE DATE: September 10, 1993 TO: Roger Hardgrave, Director of Public Works FROM: Fred A. Wilson, Assistant City Administrator SUBJECT: Additional Position of Civil Engineering Assistant III -- Traffic Forecasting Model COPIES: ------------------------------------------------------ Attached is a copy of an item you submitted for the September 20th Council Agenda requesting authorization to execute a consultant' s agreement with JHK and Associates for a traffic forecaster model. This will be placed on the September 20th Agenda without the second motion concerning the establishment of an additional position of Civil Engineering Assistant III since funding has not been fully identified and agreed upon. In addition, we need to discuss the merits of funding such a position versus contracting out for the service. (See City A ini trator' s Note on page 4) . RE AA. WILSON Assistant City Administrator FAW/dj n Attachment r JCITY OF SAN BERIORDINO - REQUEST r )R COUNCIL ACTION STAFF REPORT Page 1 of 4 Both Caltrans and SCAG have conducted travel demand forecasting activities in the Southern California area since the early 1970 ' s . In 1984 , an effort was launched to model traffic demand in Riverside and San Bernardino Counties (RIVSAN) . SANBAG is currently striving to complete a model for the Congestion Management Plan, based upon the most recent version of RIVSAN. While the regional and sub-regional models have their purposes, they cannot be detailed enough to meet the objectives of city land use elements or specific street improvement projects. Section 8.F "TRANSPORTATION MODELING FOR THE CMP, " of the Congestion Management Plan, lists the following four functions that a traffic model for a local agency can provide: • Annual forecasting of or on the CMP network for facil- ity programming purposes. • Forecasting in conjunction with Traffic Impact Analysis (TIA) reports. • Forecasting for specific corridor and subarea studies ("congestion management master plans" ) . • Forecasting in association with the preparation of deficiency plans. Transportation modeling is a mathematical simulation of vehicle travel at a future date on existing or proposed street networks. It takes into consideration the socio-economic data input, such as population, housing, employment, retail, to fore- cast travel- based on the principle of attraction between traffic generators and attractors. Simply stated, the model divides the City into several hundred zones, and simulates the travel interaction not only between these zones , but also outside the City limits (inter- regional travel) . All travel is assigned to street network based on several factors, such as: travel time, street capacities, mode of travel, etc. Once the model is established, it requires constant update/maintenance effort (land use changes, development growth, traffic volume monitoring/updates) . The most common output derived from a transportation modeling process includes daily and peak volumes, intersection turning movement volumes, regional travel statistics, such as vehicle miles traveled (VMT) , and input data for air quality analysis models. 8-31-93 75.0264 CITY OF SAN BERN RDINO - REQUEST r'1R COUNCIL ACTION STAFF REPORT Page 2 of 4 Some useful application of model output includes trans- portation systems alternative analysis, land use alternative analysis - jobs/housing balance, general plan updates, developing an equitable traffic system fee and the development of trans- portation control measures (TCM) . A City traffic forecasting model will allow the impacts of a proposed development to be assessed. Also, the model can be 'used in updating the Circulation Element in the General Plan, and provide data for traffic studies in Redevelopment Project Areas. The Intermodal Surface Transportation Efficiency Act (ISTEA) includes a requirement that projections of future traffic be provided in support of a project financed with funds allocated under this act. A traffic model can be operated by a consultant or City staff. In order to achieve consistency and quality control, we recommend that the model be set up, by a consultant and operated by City staff. The consultant will load the program and train City staff on the operation of the model. Operation of a traffic forecasting model is a meticulous and time consuming process. Our best estimate at this time is that one full-time personnel will be needed. At least two additional personnel will be trained in the operation of the model to provide back-up and consistency. It is anticipated that an additional position of Civil Engineering Assistant III will be needed to operate the model. A high speed micro computer, with a large storage capacity, plotter, and miscellaneous hardwares, will be required to run the model. The cost of this equipment is estimated at $20 , 000. An amount of $150 , 000 has been allocated, under Account No. 129-309-57734 , for the model. This amount will cover the estimated cost for the consultant and acquisition cost of the necessary hardware. The annual cost for a Civil Engineering Assistant III , at Step 1 , including variable benefits that rise with salary, is estimated to be $50, 622 . It is proposed that the salary costs for this additional position be provided as follows: Economic Development Agency (1/2) - $23 , 628 Reimbursement of Costs by Consultants 10 , 000 Traffic Systems Fee Fund 13, 628 Total Cost - Salary & Variable - $47 , 256 Benefits 8-31-93 75-0264 ar. _ a CITY OF SAN BERN RDINO - REQUEST i"IR COUNCIL ACTION STAFF REPORT Page 3 of 4 Consultants will need traffic forecasting data in order to prepare traffic studies (or Traffic Impact Analysis) , for new de- velopments. They may be able to produce this data on their own, or reimburse the City for the costs incurred in producing the data that they need for their studies . Most other cities within the surrounding area are in the ,process of acquiring traffic models. Any city without a model could be at a distinct disadvantage in a conflict resolution process with another local agency. Requests for Proposals to develop the Traffic Model were sent to the following Traffic Engineering firms that specialize in this field: 1 . Robert D. Niehaus, Inc. 2 . Barton Aschman Associates 3 . Hank Mohle Associates 4 . Albert Grover Associates 5 . DKS Associates 6 . Robert Kahn, John Kain Associates 7 . Koove Engineering 8 . Parsons, Brinckerhoff, Quade & Douglas, Inc. 9 . Wilbur Smith Associates 10. JHK Associates 11 . Kaku Associates Proposals were received from all firms except Kaku Associates . On 07-09-93 , these proposals were reviewed with the con- sultants by an interview panel comprised of the following personnel: 1 . Ken Henderson, Executive Director, Development Dept. 2 . Mike Ainsworth, SCAG - Riverside 3. Bob Wirts - SANBAG 4 . Ogbonna Abarikwu - Public Works 5. Anwar Wagdy - Public Works After carefully reviewing the experience and qualifica- tions of the consultants, the firm of JHK and Associates was selected as being the best equipped to provide the desired services . An Agreement has, therefore, been negotiated with JHK and Associates. This agreement provides, in general , that JHK and Associates will develop a transportation demand forecast model which would be consistent with the County model and provide the basis for (a) City General Plan update (b) Satisfying CMP and 8-31-93 75-0264 ;I; OF SAN BERNAPDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT page 4 of 4 network deficiency forecast and mitigation (c) Conducting traffic studies - specific plans, and corridor studies (d) Developing equitable traffic system fees , etc. Compensation for providing these services is not to exceed $149 , 858 .00. This figure includes an amount of $20 ,000 for a computer and appurtenant equipment. The Agreement also provides for the consultant to furnish the necessary micro computer and appurtenant equipment, subject to the City' s MIS concurrence with the price and specifications. We recommend that authorization be granted to execute the Agreement with JHK & Associates , and that the establishment of an additional position be approved. City Administrator' s Note: Prior to the establishment of an additional position of Civil Engineering Assistant III, for the operation of the Traffic Forecasting Model, funding must be fully identified and the merits of operation by in-house staff versus contracting out must be discussed indepth. 8-31-93 5-0264 0 1 RESOLUTION NO. — 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JHK & ASSOCIATES RELATING TO 3 PROFESSIONAL SERVICES FOR DEVELOPMENT OF A TRANSPORTATION DEMAND FORECAST MODEL. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: of San Bernardino is Mayor The of the City SECTION 1 . h 1 y '] hereby authorized and directed to e.:ecute, on behalf of said 8 City, an Agreement with JHK & Associates relating to professional 9 services for the development of a Transportation Demand Forecast 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 (60) days of the passage of this 21 resolution. 22 23 24 25 26 27 28 8-31-93 RESO: EXECUTING AGREEMENT WITH JHK & ASSOCIATES FOR TRAFFIC FORF STER 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 1993, b the following vote to-wit: wit: g 5 Council Members: AYES NAYS ABSTAIN ABSENT i 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 (OFFICE VACANT) 11 POPE-LUDLAM 12 MILLER 13 14 15 Rachel Clark, City Clerk 16 The foregoing resolution is hereby approved this day of 1993 . 17 18 Tom Minor, Mayor 19 Approved as to form City of San Bernardino 20 and legal content: 21 James F. Penman City Attorney 22 23 BY ,t.. 24 25 26 27 28 - 2 - p EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 1993 , by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and JHK & ASSOCIATES a California corporation, hereinafter referred to as "ENGINEER" . W I T N E S S E T H WHEREAS, City desires to obtain professional services to develop a transportation demand forecast model which would be consistent with the San Bernardino County Model and forms the basis for the City's General Plan - Circulation Element update, forecasts infrastructure needs/costs and projects traffic volumes, capacity and levels of service; WHEREAS, in order to develop this model, it is necessary to retain the professional services of a qualified engineering and consulting firm; and WHEREAS, Engineer is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of Services" , and as contained in the proposal dated 6-22-93 , a copy of which is attached hereto as Exhibit 111" and incorporated as though set forth in full. 2 . TERM OF AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates specifically set forth in Exhibit 112" attached hereto and incorporated herein as though set forth in full, will be adjusted by Engineer as the City authorizes the work. Such adjustments shall require City approval prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit 112" schedule unless extended by written agreement of the parties. 1 �. 0 3 . STANDARD OF PERFORMANCE Engineer shall complete all work product and design in confor- mance with California's Standard Specifications and Standard Drawings, and the City of San Bernardino's Standard Drawings. 4 . CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Servic- es", is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compen- sation due Engineer for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. No extra services shall be rendered by Engineer under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated 08-31-93 , a copy of which is attached hereto as Exhibit 114" and incorporated herein as though set forth in full. 5. COMPENSATION A. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $149,858 Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit 11311, attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. Any such significant alteration shall be agreed upon in writing by City and Engineer before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and City has agreed, in writing, that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3 . Duration of work if the change from the time period speci- fied in the Agreement for Completion of the work warrants such adjustment. 2 . p C. The Engineer is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with Calif- ornia Labor Code Section 1775. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within ten (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit 111" shall be completed prior to final payment. B. Section 9-10 of the Cal-Trans Standard Specifications is hereby specifically waived and not applicable to this agreement. The parties hereto otherwise agree not to be bound by any other require- ments for arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Public Works of City, or his designee, shall have the right of general supervision over all work performed by Engineer and shall be City's agent with respect to obtaining Engineer's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Public Works or his designee. B. The Office of Traffic Safety, the National Highway Traffic Administration, the Federal Highway Administration and the Administra- tor may review and inspect the Engineer's activities during the progress of the program. 3 0 4 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Engineer shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. In addition, Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 9. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit 114" . B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, and the City may grant to Engineer such extensions of time and make other arrangements or additions, 4 excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the perfor- mance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 12 . ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10, 000, shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: ENGINEER CITY JHK & ASSOCIATES Mr. Roger Hardgrave 1650 Iowa Avenue, Suite 100 Director of Public Works/ Riverside, CA 92507 City Engineer Mr. Steven A. Smith 300 North "D" Street Associate Vice President San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Engineer may reasonably rely upon the accuracy of data provided through the City or its agents without independent evaluation. B. The City shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agree- ment of City and Engineer. C. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except . where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to City. Engineer shall maintain all records for inspection by the City, State, or their duly authorized representatives for a period of three (3) years after final payment. Engineer shall stamp and sign all 5 AVW specifications, estimates, plans and engineering data furnished, and, where appropriate, indicate registration number. or [C. Upon completion of all work under this Agreement, Engineer will transfer ownership an title to City of all programs, reports, documents, plans and specifications. ] 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the Construction Cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. [B. If a Construction Cost limit is established by written agreement between City and Engineer and specifically set forth in a mutually agreed addendum to this Agreement, the following will apply: 1. The acceptance by City at any time during the services of a revised opinion of Construction Cost in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. 2. Any Construction Cost limit so established will include a contingency of ten percent (10%) unless another amount is agreed upon in writing. 3. Engineer will be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the project to bring it within the cost limit. 4. If the bidding or negotiating phase has not commenced within six (6) months after completion of the final Design Phase, the established Construction Cost limit will not be binding on Engineer, and City shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of comple- tion of the Final Design Phase and the date on which proposals or bids are sought. 5. If the lowest bona fide proposal or bid exceeds the established Engineer's Construction Cost Estimate by twenty percent (20%) or more, City shall (1) give written approval to increase such cost limits, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering 6 practice. In the case of (3) , Engineer shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. In lieu of other compensation for services in making such modifications, City shall pay Engineer, Engineer's cost of such services, all overhead expenses and reimbursable expenses reasonably related thereto, but not including profit, on account of such services. The providing of such service will be the limit of Engineer's responsibility in this regard and, having done so, Engineer shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. ] 16. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17 . HOLD HARMLESS CAUSE A. Engineer hereby agrees to hold City, its elective and appointive boards, officers, and employees, harmless from any liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, which may arise from Eng- ineer's negligent acts, errors or omissions under this Agreement. B. Engineer shall indemnify, defend and hold free and harmless the City, its officers and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attor- ney's fees imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents and other duly authorized representatives, of programs or processes supplied to City by Engineer under this Agreement. 18. INDEMNITY Engineer shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by, or with respect to third parties, which arise solely from Engineer's negligent performance of services under this Agreement. Engineer shall not be responsible for, and City shall indemnify, defend and hold harmless Engineer from 7 and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 19. LIABILITY/INSURANCE A. Engineer's liability to the City for injury or damage to persons or property arising out of work performed by the City and for which legal liability may be found to rest upon Engineer other than for professional errors and omissions, will be limited to $1, 000, 000. For any damage on account of any error, omission or other professional negligence Engineer's liability, will be limited to a sum not to exceed $50, 000 or Engineer's fee, whichever is greater. B. The City will require the Engineer to provide Workers Compensation and comprehensive general liability insurance, including completed operations and contractual liability, with coverage suffi- cient to insure the Engineer's indemnity, as above required; and, such insurance will include the City, the Engineer, their consultants, and each of their officers, agents and employees as additional insureds. C. Engineer shall provide evidence of insurance in the form of a policy of insurance, in which the City is named as an additional named insured to the extent of the coverage required by this Agreement. 20. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. 8 0 AGREEMENT FOR: THE DEVELOPMENT OF A TRANSPORTATION DEMAND FORECAST MODEL IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: JHK & ASSOCIATES BY: By: RACHEL CLARK, City Clerk President CITY OF SAN BERNARDINO, a municipal corporation By: TOM MINOR, Mayor Approved as to form and legal content: JAMES F. PENMAN City Attorney By: 9 Q SCOPE OF WORK FOR THE PREPARATION OF A TRANSPORTATION DEMAND FORECAST MODEL AND DOCUMENTATION FOR THE CITY OF SAN BERNARDINO PROJECT OBJECTIVES The primary objective of this effort is to develop a transportation forecast model that is consistent with the San Bernardino County Comprehensive Transportation Plan (SBCCTP) model, satisfies the Congestion Management Program (CMP) , and effectively forecasts traffic volumes to determine capacity and infrastructure needs. The model output should also provide bases for forecasting right- s of-way needs, estimating infrastructure costs and evaluating project development traffic impacts. The model shall forecast the following: • Build-out land use of the City's General Plan • SCAG horizon year • Horizon year for near-term project analysis. To meet the objectives specified, JHK shall design the model to accomplish the following minimum tasks: • Provide bases for conducting link and intersection Capacity/LOS analyses for ADT, AM-peak and PM-peak hours (using interactive software) . • Maintain land use data, and conduct trip generation, distribution and assignment consistent with the SBCCTP, Congestion Management Program (CMP) , General Plan, etc. • Conduct land use and street system alternative analyses to forecast network deficiencies (link and intersection) . • Determine potential mitigations and right-of-way requirements for baseline and subsequent scenarios, and estimate potential developer fees. • Evaluate specific plans, conduct corridor studies, etc. The model shall be designed as a focused model, based on the SBCCTP model. A windowing procedure easily executable by City Staff shall be devised for extracting subarea models out of the master model in order to achieve faster run times. The validation year shall be 1990, and model data sets shall be developed for build out, 2010, and an intermediate year to be designated in conjunction with the City and SCAG. 1 EXHIBIT " 1" To minimize cost and ensure consistency, the following information resources shall be reviewed and incorporated into the modelling effort: • The City' s prior transportation model and General Plan circulation element. • The City' s Geographic Information System (GIS) . • Norton Air Force Base reuse model. • SBCCTP model. • Traffic count data - City database. To reflect current traffic conditions, JHK shall collect traffic counts totally the equivalent of 25 or more each of AM and PM peak hour turning movement counts (i.e. , 50 peak hours) , at agreed upon locations. INFORMATION TO BE PROVIDED BY THE CITY OF SAN BERNARDINO The City of San Bernardino shall provide the following: • Existing traffic count data and data on existing link characteristics (e.g. no. of lanes) • List of intersections, ranked by importance of analysis • General Plan map showing land use type and the circulation system • Definition of each land use category • Land area for each land use type by zone from the GIS system (once the TAZ system is defined by the Consultant) • Land use data and zone map from the prior City transportation model • Future improvements in transportation links and year to be constructed • Forecast of land development by TAZ for each year to be modeled prior to the buildout year • Sources of vacancy rates for commercial and multifamily residential land uses 2 4 WORK TASKS TASK 0: MAKE KEY MODEL DESIGN DECISIONS JHK shall work with staff from pertinent City departments to make model design decisions to ensure that a broad range perspectives and inputs form the basis for developing this model. JHK working together with staff shall establish a model advisory group to consist of City staff, SANBAG and SCAG. This group will serve as an advisory committee and information clearing house, and may meet bi-monthly through the duration of this project. JHK shall identify initial key issues and hold a working session with staff to establish a clear direction. Key issues will include the land use categories to be used, the type of land use data that can be maintained by the City, and interface with the City's GIS system. After the working session, the Consultant shall prepare a brief memorandum detailing the key modeling decisions. TASK 1: DEFINE TRAFFIC ANALYSES ZONES (TAZ's) The Consultant, in consultation with the City, shall determine the ultimate number of zones required to conduct a reasonably accurate analyses at the collector street level. Zone numbering shall be designed to allow summarization of data by subarea (e.g. Verdemont, Tri-City, Downtown, etc) , so that they can be evaluated as a unit. SBCCTP zones immediately surrounding the City boundaries should be disaggregated to provide an adequate buffer area. The following factors should be considered in determining TAZ boundaries: • Geographic boundaries (flood control channels, etc. ) . • Socio-economic data blocks (census tracts, specific plans, etc. ) . • SBCCTP model zone boundaries. • Population densities (downtown and other intense use areas may be analyzed at the block level) . • Highways, railroads, utility easements, city boundary lines, etc. JHK shall furnish an equivalency table outlining the relationship between the City model zones and SBCCTP zones, in order to show consistency with the SBCCTP model and conformance with the CMP for trip generation, distribution, and assignment. The Consultant shall also provide a figure representing how the City model zones fit into the SBCCTP model zones. Along with tables and figures, the Consultant shall submit a summary of all the assumptions, methods and step-by-step procedure of how Task 1 was accomplished. 3 4 TASK 2: DEVELOP HIGHWAY NETWORK The proposed model network shall be developed to reflect the following minimum functional classifications per the City of San Bernardino General Plan Circulation Element: • Freeways. • Major Arterials. • Secondary Arterials. • Collector Streets. Known or projected network changes, such as, the Orange Show Road extension, Route 30, the North/South arterial, Pepper Linden and any potential changes in area network due to Norton reuse plan should be accounted for in the future model network. A separate HOV network for surrounding freeways and major arterials within the City shall also be developed and coded as part of the network development process. The Consultant shall submit a summary of the process undertaken to develop the network along with plots of the network for all scenarios. TASK 3: DATA COMPILATION AND TRIP GENERATION PROCESS Land use and trip generation data shall be defined by zone. Buildout land use forecast should be based on the City of San Bernardino General Plan, with modifications made to reflect any amendments approved since its adoption. A table of existing and future land use shall be submitted for review, before being utilized in the model. Proposed trip generation rates and trip purpose splits by land use type shall also be submitted for review. Five trip purposes are anticipated for trip generation in the City, consistent with the trip purposes in the SBCCTP model. Where sufficient data are available, trip generation rates should reflect local conditions. The land use coding and trip generation process shall be automated through a spreadsheet interface to facilitate easy and direct future editing needs. The base model shall be calibrated and validated for consistency with existing land use (consideration should be given to existing vacancy rates) and SBCCTP. The Consultant shall estimate vacancy rates based on information obtained from area real estate monitoring agencies. At the completion of Task 3, a summary report shall be submitted. 4 look TASK 4: TRAFFIC DISTRIBUTION/ASSIGNMENT Trip distribution and assignment processes shall be consistent with the processes in the SBCCTP model. The Consultant shall prepare and submit for review a speed/capacity table for trip distributions/assignments as well as maps of the resultant raw/refined link/intersection volumes. Determine link and intersection capacity/LOS per CMP guidelines using three time period trip assignments: AM-peak, PM-peak, and off-peak. ADT volumes shall be calculated from the sum of the three assignments. As a minimum, the following scenarios should be analyzed and discussed: General Plan buildout, CMP forecast year, and SBCCTP model horizon year (2010) . A summary of all key assumptions, methods and procedures shall be submitted. TASK 5: VALIDATION AND DOCUMENTATION REPORT In consultation with staff, JHK shall propose screenline locations for use in the validation. Screenlines should represent north/south and east/west directions with anticipated maximum 10% error tolerance per screenline. Maximum tolerance for individual links within the screenlines should not exceed 15% for major arterials and 20% for high volume secondary/collector streets. JHK shall prepare a menu driven module which would interface with Tranplan output files to accomplish the following minimum tasks: o Automated forecast volume refinements. o Link/intersection capacity analyses. o Level of Service determination. o Highlight deficient links/intersections per preset criteria. The said module software shall be designed with manual override capabilities as well as provide batch processing for group or isolated intersections. At the end of this task JHK shall prepare and submit a model validation and documentation report. The intent is to develop a comprehensive documentation which includes all model assumptions with background information supporting each aspect of this task. Standard TRANPLAN procedures do not require description in the model documentation. However, a flow chart showing the various steps or modules in the model execution process shall be included as part of the documentation report. 5 TASK 6: PRESENTATION OF MODEL RESULTS The Consultant will assist staff in presenting the results of the modelling effort to appropriate legislative bodies and agencies in order to secure approvals and adoption. Four (4) meetings at three (3) hours per meeting are required. (These meetings do not include those with the advisory committee. ) The Consultant shall outline in chronological order results, maps, tables, figures and other products of the entire modelling exercise. Compile a comprehensive report encompassing all facets of the modelling effort, methodology, results, summary and conclusions. Prepare and submit a final traffic analyses zone map, highway network maps and trip tables for the various transportation analyses scenarios. TASK 7 : TECHNICAL SUPPORT AND STAFF TRAINING JHK shall provide hands-on training to City staff in the following areas: I� • Transportation demand modelling process. li Computer hardware and software setup. • Data input/output and text/graphics editing. • Output interpretation and utilization. I The training shall be provided in four day-long sessions, separated by approximately one week. The time between sessions will provide an opportunity for staff to practice the lessons learned from each session. Along with the training sessions, Consultant shall 6 prepare and submit to the City, a documented step-by-step outline of all phases of model input/output format and assumptions utilized in the model development. As part of the staff training and a significant product of the project, the Consultant shall work with City staff to define a transportation analysis case study. The purpose of the case study will be to assist the staff in exercising the model for an actual application in the City, serving the dual purpose of helping to train the staff, while at the same time producing information that study will be of benefit to the City. A probable ca se ud y application will be the identification of future roadway deficiencies and costs. The information will be developed in a form that, in conjunction with the land use data, will allow the calculation of developer fees that would be required to support the transportation program. 6 Aft The Consultant shall work with City staff to prepare a report on results of the case study. The report will be prepared by JHK with input from City staff. In addition to the hands-on training, the Consultant shall provide for question-and-answer assistance for a six month period following delivery of the final model by the Consultant. This will primarily include telephone consultation, with up to one site visit per month. TASK 8: SOFTWARE/HARDWARE REQUIREMENTS Software Requirements (1) The modelling software shall be the latest Tranplan version with OS/2 and network capabilities. (2) JHK shall prepare a menu driven software module for landuse/trip generation development and forecast volume refinement. (3) The consultant shall provide a procedure/module for conducting link/intersection capacity/level of service analyses. Items 2 and 3 above shall be designed to interface with Tranplan, be menu driven to the extent possible, and possess manual override features. In addition to traffic volume forecasting, the model and the intersection analysis interface software should as a minimum provide the platform for conducting these tasks: • Subarea analysis (windowing) . • Select link and zone analysis. • Intersection capacity analysis and level of service using the HCM methodology. • Forecast turning movements. • Total vehicle trips, vehicle mile and vehicle hour (VT, VMT & VHT) summaries. Hardware Requirements (1) The minimum personal computer required for this model shall be a 486/66 with 256K cache, two local buses, 500Mb hard disk, floppies and an internal tape backup system. (2) An HP 650C inkjet plotter. 7 (3) Other miscellaneous but essential items, should include a mouse, digitizer, diskettes, map files, computer desks, interface cables, etc. Software/Hardware Acquisition JHK shall be responsible for developing and supplying all necessary interface software modules outlined in this scope for the accomplishment of the project objectives. As part of this scope, the Consultant may be retained to acquire Tranplan as well as purchase and deliver the hardwares and other softwares specified below. Should the consultant be required to assist with these acquisitions, all software manuals, licenses and registrations shall still be duly documented in the City's name. In anticipation of assisting with this acquisition, listed below is a break down cost estimate for anticipated software and hardwares necessary for running and maintaining the model. Itemized Estimated Cost For Purchasing Pertinent Software/Hardwares: Latest Tranplan OS/2, w/network editor. Latest versions of Microsoft Windows, Dos, etc. A 16Mb Intel 486 DX2/66 Mhz. , w/256K Cache, 238 pin ZIF socket for P24T, 2 local bus slots, Graphics accelerator 2Mb 1280 x 1024 SVGA card; 540Mb IDE multi I/O with cache hard drive; 3.50" & 5.25" floppies, 1Gb 8mm internal tape backup; Logitech digitizing tablet and mouse; 17" SVGA non-interlaced at 1280 x 1024, .26dp color monitor; 14, 400 bps fax/modem; Full size tower case w/dual fans, (with all hardware manuals and drivers must be delivered with system) . - An HP 650C inkjet plotter. Miscellaneous items such as, interface cables; map files; diskettes; computer furniture; etc. An estimated total of up to $20, 000.00 must be budgeted for the specified hardware/software requirements. The proposed list of softwares/equipment and associated costs shall be reviewed and possibly revised with City staff before procurement. c:\bd\sbdo\model.1 8 N F- m Z X W a Q c ao a w w Z T Q U u w = o A •� � �C a O ° 0 s � c� eo r. 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