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HomeMy WebLinkAbout08- Public Works CITY OF SAN BERN[ IDINO REQUEST P 3 COUNCIL ACTION File No. 6.44-5 ROGER G. HARDGRAVE Approval in Principle - Agreement From: Subject: for Transportation Model Develop- Dept: Public Works went, and Maintenance and Services Date: March 23, 19 9 4 Synopsis of Previous Council action: June, 1992 - Allocation of $150 , 000 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 Fore- casting Model . 09-06-93 -- Resolution No. 93-354 adopted authorizing execution of an Agreement with JHK & Associates for Professional Design Services. 03-21-94 -- Establishment of one additional position of Engi- neering Assistant III approved. Recommended motion: That the proposed Agreement with six (6) surrounding cities, relative to development, operation and maintenance of the East Valley Sub Area Model for forecasting traffic volumes , be approved in principle, and the Director of Public Works/City Engineer be directed to prepare the Agreement in final form and submit to other cities for approval. cc: Shauna Clark Jim Penman 0�7/ ignatu re Contact person: Gene R. Klatt Phone: 5125 Supporting data attached: Staff Report, Agreement Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) 129-309-57734 (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERM 'DINO - 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 City. Although not in great detail, it must look at portions of the surrounding communities, relative to their traffic and land use data. After investigation and contact with the six (6) adjacent cities, 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, including Redlands, Highland, Grand Terrace, Colton, Loma Linda and Rialto, was contacted to see if they would be interested 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. In view of the interest expressed, several meetings have been conducted with the adjacent cities. The result is the attached agreement which has been revised and reviewed by all of the agencies, the City Attorney' s office, MIS and City Admin- istrator' s office. The proposed Agreement provides, in general, that San Bernardino would develop an expanded traffic model to include the other six cities. Also, that San Bernardino would operate and maintain the model for an established hourly fee. Our Agreement with JHK & Associates will need to be amended tb expand the scope of the model. The total fee will increase, but San Bernardino' s share will decrease. We recommend that the proposed Agreement be approved in principle, and authorization granted to transmit the Agreement to the other six cities for adoption. 3-23-94 5-0264 3-14-94 AGREEMENT THIS AGREEMENT, made and entered into this day of 1994 , by and between a municipal corporation of the State of California, hereinafter referred to as " " and the City of San Bernardino, a municipal corporation of the State of California, hereinafter referred to as "San Bernardino" WITNESSETH WHEREAS, a transportation forecast model is needed by local agencies in order to comply with provisions of the Congestion Management Plan, apply for Federal-Aid Funds, and update Circulation Elements of their general plans; and WHEREAS, the proposed model needs to look beyond the boundaries of each specific jurisdiction and WHEREAS, San Bernardino has entered into an Agreement with JHK and Associates to develop a traffic model; and WHEREAS, San Bernardino is willing to develop a larger model with greater detail within " " provided " to pays associated additional costs as well as provides required data for accurate model development and, WHEREAS, Colton, Grand Terrace, Highland, Loma Linda, Redlands and Rialto, in the East Valley Sub Area, have expressed an interest in having San Bernardino extend the limits of the model to include their incorporated areas, in order to achieve cost savings through economy of scale and consolidation of effort; and WHEREAS, identical agreements may be entered into between San Bernardino and each of the listed cities; and WHEREAS, the development of a consistent model for the East Valley Sub Area insures consistency and reduces development costs for all participants and WHEREAS, San Bernardino has obtained a price quote from JHK and Associates for extending the limits of the model to include theses additional areas, in an amount of $ ; and WHEREAS, the traffic model will necessarily be developed in accordance with the Southern California Associated Government's (SCAG) Comprehensive Transportation Model for the County of San Bernardino; and WHEREAS, the traffic model developed pursuant to this Agreement shall be referred to as the "East Valley Sub Area Model" ; and WHEREAS, 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 cif the consultant, advise " " 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 prior to final submittal to SANBAG and include " it in the developmental meetings leading to the final model. 1. 07 Submit quarterly bills to " " 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 " " of their street network upon completion of project. 1.09 Obtain the necessary computer,equipment, programs and support materials necessary to operate and maintain the model. 1.11 Accept responsibility for all costs of the project, including preliminary model development, equipment acquisition, staffing, applicable overhead charges, and any other costs directly attributable to project, except for the share to be borne by " " as provided hereinafter. 1. 12 Submit an accounting to " " of all costs charged to the project along with a statement for " " share of the cost. MAINTENANCE OF MODEL AND ONGOING MODELLING EFFORTS 1. 13 Upon completion of the project, assume maintenance of the model constructed within the area under jurisdiction of San Bernardino and maintenance of the model with the jurisdiction of " " to the extent that update information and changes are submitted by " " as required in a timely manner. 1. 14 Prepare a cost accounting (hourly rate) that includes the actual costs necessary for staff, benefits and overhead for updating the model, making requested model runs so " " may request as many such runs as required to adequately address development impacts within their jurisdiction and be billed accordingly. The hourly rate shall be established and adjusted annually based on increases in the services provided, mandated salary increases and other such factors but only after review of data by parties to the agreement. The hourly rate is set at $45.00 per hour for the first year of the agreement. 1. 15 Provide adequate staffing so the model remains current and model runs can be made in a reasonable amount of time from the request, provided " " makes update information available as required. The City of San Bernardino will maintain a log of requests, provide estimated time for completion at time of request, commmit to processing first in first out and provide overtime or priority service when staff is available for such serivice and only upon payment of increased fees. 1. 16 Maintain a detailed record of any proposed changes to the approved model, and secure " 's" approval prior to authorizing any major changes thereof (major updates) . Maintain logs of requested model runs, agency that requested and data supplied for model run. SECTION TWO " " 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. act costs for 2,02 Accept responsibility for the share of the project the enlargement of the model to the city of days after receipt of 11 and reimburse San Bernardino, 11 share is an itemized statement of cost. " estimated to be $ .00 but in no event shall 11 of total obligation under this anede b n the exceed f inalh contract cost change enlarging the model as determined Y order issued to the selected consultant and reviewed at 11 its sole if provided that " orize a greater amount for additional discretion, in writing, auth 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 for accurate model development and/or counts as may be necessary maintenance. .05 Accept respons tain an accurate for the regular update information that 2 .05 main model and notify the City of required r San Bernardino of major changes in land use, development and/or e of traffic count data necessary for the development and maintenanc 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 " y reflect the actual hourly wages and ben in that the efits the City of San Bernardino for and overhead experienced by providing said service. Accept that changes in such charges shall costs increase and other occur as salaries are adjusted, benefit units within the City. such changes occur within the bargaining 2,07 Agree to make no secondary sales of model information or boundaries of the city of it output that extend beyond the legal „ • uniform ricing Agree to a unif p schedule for model output or model 2'08 provided to all third parties (private sector runs that is to be p Such rate shall be determined at developers or consultants) . annual meetings of all participants to the agreement and shall be established by majority vote of participants in attendance at the annual meeting. General Plan updates or information used exclusively by the City shall be at the hourly rates develo mentswithin section 1.14. Information used for t n intere t shall be at a rate the city and delivered to third p Y of $90.00 and shall be established such that cost recovery for model development and maintenance 2.09 Provide written instructions and acceptable data as approved by " " in cases where " " directs that the third party consultant deal directly with San Bernardino for model information. Signed authorization forms will permit San Bernardino to perform requested model runs using approved input data and will be billed at the rate listed in 2 . 08 2 . 10 Agree to negotiate an appropriate cost sharing method with all model users in the event one or more of the model users requests an upgrade or update of fixed assets (computer or other hardware) prior to the projected useful life of the equipment. SECTION THREE BE IT FURTHER AGREED BY THE PARTIES HERETO -- 3 . 01 That no part to the agreement nor officer nor employees thereof shall be responsible for any damage or liability occurring by reason of anything done or in connection with any work, authority or jurisdiction delegated to the parties under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4 each party shall fully indemnify and hold all other parties harmless from any liability for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction delegated under this Agreement. 3.02 By combined funding, the Cities are able to construct a larger sized model than is planned by any of the Cities and thereby create additional capacity for analysis and a consistent application of the modeling effort. SECTION FOUR TERMINATION 4. 01 Either party may terminate this agreement upon 30 day written notice. 4.02 The City that is withdrawing from the agreement is entitled to only a current model run (hard copy output or magnetic data output) for that portion of the model contained within the legal boundaries of their city. Data contained in the entire model will be subject to a negotiated price and availablity of supporting software. Negotiations shall consider overall cost for atodel 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials thereunto duly authorized. CITY OF By: Mayor City of " CITY OF SAN BERNARDINO By Tom Minor, Mayor City of San Bernardino ATTEST By: City Clerk Approved as to form and Legal content: James F. Penman, City Attorney By: