HomeMy Public PortalAboutORD15756BILL NO. 2017-99
SPONSORED BY COUNCILMAN Henry
ORDINANCE NO. 15-15 W
AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF JEFFERSON AND RICH & ASSOCIATES,
INC. FOR PROFESSIONAL SERVICES RELATED TO THE PARKING DIVISION.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized to execute an Agreement
with the Rich & Associates, Inc. to provide professional services related to the parking
division.
Section 2. This agreement shall be substantially the same in form and content
as Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: J d D Approved:
Presiding_ -O fiber
ATTEST: ~,
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APPROVED AS TO FORM:
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as
indicated below, by and between the City of Jefferson, a municipal corporation of the
State of Missouri, hereinafter referred to as the "City," with offices at 320 East
McCarty, Jefferson City, Missouri, 65101, and Rich & Associates, Inc., hereinafter
referred to as the "Consultant," with offices at 26877 Northwestern Highway, Suite
208, Southfield, Michigan, 48033.
WITNESSETH:
THAT WHEREAS, the City desires to engage the Consultant to render certain
technical and professional planning services for the assessment of current and future
parking space needs of a defined study area within downtown Jefferson City,
hereinafter described in Exhibit A.
WHEREAS, Consultant has made certain representations and statements to
the City with respect to the provision of such services and the City has accepted said
proposal to enter into a contract with the Consultant for the performance of services
by the Consultant.
NOW THEREFORE, for the considerations herein expressed, it is agreed by
and between the City and the Consultant as follows:
1. Scope of Services. The City agrees to engage the services of the Consultant to
render certain technical and professional planning services for the assessment of
current and future parking space needs of a defined study area within downtown
Jefferson City, hereinafter described in Exhibit A. In the event of a conflict between
this agreement and any attached exhibits, the provisions of this agreement shall
govern and prevail.
2. Term. Consultant agrees to perform said work within six (6) months from the
date Contractor is ordered to proceed, which order shall be issued by the Purchasing
Agent within ten (10) days after the date of this contract.
3. Additional Services. The City may add to consultant services or delete
therefrom activities of a similar nature to those set forth in Exhibit A, provided that
the total cost of such work does not exceed the total cost allowance as specified in
paragraph 7 hereof. The Consultant shall undertake such changed activities only
upon the direction of the City. All such directives and changes shall be in written
form and approved by the Director of Public Works and shall be accepted and
countersigned by the Consultant or its agreed representatives.
4. Existing Data. All information, data and reports as are existing, available
and necessary for the carrying out of the work, shall be furnished to the Consultant
without charge by the City, and the City shall cooperate with the Consultant in every
reasonable way in carrying out the scope of services. The Consultant shall not be
liable for the accuracy of the information furnished by the City.
5. Personnel to be Provided. The Consultant represents that Consultant has or
will secure at its expense all personnel required to perform the services called for
under this contract by the Consultant. Such personnel shall not be employees of or
have any contractual relationship with the City, except as employees of the
Consultant. All of the services required hereunder will be performed by the
Consultant or under the Consultant's direct supervision, and all personnel engaged
in the work shall be fully qualified and shall be authorized under state and local law
to perform such services. None of the work or services covered by this contract shall
be subcontracted except as provided in Exhibit A without the written approval of the
City.
6. Notice to Proceed. The services of the Consultant shall commence as directed
in the Notice to Proceed and shall be undertaken and completed in accordance with
the schedule contained in Exhibit A.
7. Compensation. The total amount for professional services rendered under
this shall not exceed Twenty -Two Thousand Seven Hundred Dollars ($22,700.00) for
all design and consultant services and printing. No change in compensation shall be
made unless there is a substantial and significant difference between the work
originally contemplated by this agreement and the work actually required.
8. Failure to Perform, Cancellation. If, through any cause, the Consultant shall
fail to fulfill in timely and proper manner its obligations under this contract, or if the
Consultant shall violate any of the covenants, agreements, or stipulations of this
contract, the City shall thereupon have the right to terminate this contract by giving
written notice to the Consultant of such termination and specifying the effective date
thereof, at least five (5) days before the effective day of such termination. The
Consultant may without cause terminate this contract upon 30 days prior written
notice. In either such event all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the Consultant under this contract shall, at the option of the City,
become its property, and the compensation for any satisfactory work completed on
such documents and other materials shall be determined. Notwithstanding the
above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City by virtue of any such breach of contract by the Consultant.
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9. Assignment. The Consultant shall not assign any interest in this contract,
and shall not transfer any interest in the same (whether by assignment or novation),
without prior written consent of the City thereto. Any such assignment is expressly
subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as
provided herein, and no such assignment shall require the City to give any notice to
any such assignee of any actions which the City may take under this agreement,
though City will attempt to so notify any such assignee.
10. Confidentiality. Any reports, data or similar information given to or
prepared or assembled by the Consultant under this contract which the City requests
to be kept as confidential shall not be made available to any individual or
organization by the Consultant without prior written approval of the City.
11. Nondiscrimination. The Consultant agrees in the performance of the
contract not to discriminate on the grounds or because of race, creed, color, national
origin or ancestry, sex, religion, handicap, age or political affiliation, against any
employee of Consultant or applicant for employment, and shall include a similar
provision in all subcontracts let or awarded hereunder.
12. Independent Contractor. The Consultant is an independent contractor and
nothing herein shall constitute or designate the Consultant or any of its employees as
agents or employees of the City.
13. Benefits not Available. The Consultant shall not be entitled to any of the
benefits established for the employees of the City and shall not be covered by the
Workmen's Compensation Program of the City.
14. Liability. The parties mutually agree to the following:
a. In no event shall the City be liable to the Consultant for special,
indirect, or consequential damages, except those directly or
approximately caused by the City arising out of or in any way connected
with this contract.
b. The Consultant shall indemnify and hold the City harmless from and
against all claims, losses and liabilities arising out of personal injuries,
including death, and damages to property to the extent caused by any
negligent act or omission on the part of the Consultant related to the
services performed under this contract.
15. Insurance. Consultant shall provide, at its sole expense, and maintain
during the term of this agreement commercial general liability insurance with a
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reputable, qualified, and financially sound company licensed to do business in the
State of Missouri, and unless otherwise approved by the City, with a rating by Best of
not less than "A," that shall protect the Consultant, the City, and the City's officials,
officers, and employees from claims which may arise from operations under this
agreement, whether such operations are by the Consultant, its officers, directors,
employees and agents, or any subcontractors of Consultant. This liability insurance
shall include, but shall not be limited to, protection against claims arising from
bodily and personal injury and damage to property, resulting from all Consultant
operations, products, services or use of automobiles, or construction equipment at a
limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that
nothing herein shall be deemed a waiver of the City's sovereign immunity. An
endorsement shall be provided which states that the City is named as an additional
insured and stating that the policy shall not be cancelled or, materially modified so as
to be out of compliance with the requirements of this section, or not renewed without
30 days advance written notice of such event being given to the City.
16. Documents. Reproducible copies of tracings and maps prepared or obtained
under the terms of this contract shall be delivered upon request to and become the
property of the City upon termination or completion of work. Copies of basic survey
notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions
or limitations on their use. When such copies are requested, the City agrees to pay
the Consultant its costs of copying and delivering same.
17. Nonsolicitation. The Consultant warrants that they had not employed or
retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that they have not paid or
agreed to pay any company or person, other than a bona fide employee working solely
for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall have the right to
annul this contract without liability, or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
18. Books and Records. The Consultant and all subcontractors shall maintain all
books, documents, papers, accounting records and other evidence pertaining to costs
incurred in connection with this contract, and shall make such materials available at
their respective offices at all reasonable times during the contract and for a period of
three (3) years following completion of the contract.
19. Delays. That the Consultant shall not be liable for delays resulting from
causes beyond the reasonable control of the Consultant; that the Consultant has
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made no warranties, expressed or implied, which are not expressly set forth in this
contract; and that under no circumstances will the Consultant be liable for indirect or
consequential damages.
20. Illegal Immigration.
Prior to commencement of the work:
a. Consultant shall, by sworn affidavit and provision of documentation,
affirm its enrollment and participation in a federal work authorization
program with respect to the employees working in connection with the
contracted services.
b. Consultant shall sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection with the
contracted services.
C. If Consultant is a sole proprietorship,' partnership, or limited
partnership, Consultant shall provide proof of citizenship or lawful
presence of the owner prior to issuance of the Notice to Proceed.
21. Notices. All notices required or permitted hereinunder and required to be in
writing may be given by first class mail addressed to the Department of Public
Works, 320 East McCarty, Jefferson City, Missouri, 65101, and 26877 Northwestern
Highway, Suite 208, Southfield, Michigan, 48033. The date and delivery of any notice
shall be the date falling on the second full day after the day of its mailing.
CITY OF JEFFERSON, MISSOURI
Mayor -
ATTEST.
City Cler--k;_
APPROVEDM TO FORM:
RICH & ASSOCIATES, INC.
Title: Vice President
ATTEST:
Title: Project Development Director
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Parking Feasibility Analysis Exhibit A
City of Jefferson City, Missouri
Proposal
Introduction
The purpose of the Parking Feasibility Analysis is to assess and recommend the most feasible site to
construct a structured parking facility within the downtown. Our proposed approach is divided into two
phases. Phase 1 is a planning level effort to determine the viability of up to five (5) potential sites to
accommodate a functional and economical structured parking facility. This phase will lead to the
recommendation of at least 2 sites that best satisfy the projected parking needs and meet the City's needs.
Phase 2 is a further study of each of the recommended sites, including a more detailed estimate of
construction costs and economic analysis to determine the parking rate schedule needed to support the
new structure.
Phase 1— Initial Site Analysis
Task. 1 —Preliminary Program
The first step in the process is to review with the City a preliminary program for the proposed parking
facility. This preliminary program will serve as a basis for analyzing the feasibility of each site. The
preliminary program may include an analysis of the following:
• downtown development strategies, plans and/or design guidelines,
• projected parking needs to relate to size of proposed facility,
• user requirements (long versus short term needs, reserved spaces, shared -use, etc),
• mixed-use opportunities or goals
• pedestrian flows, vehicle traffic issues and connectivity,
• code requirements for height, layout etc.
- Task 2 — Evaluation Criteria
The next step is the creation of an evaluation matrix in which to evaluate and rank each site. With the
City's input, we will establish criteria for evaluating each site arrayed in a matrix. Each criterion will be
assigned a weighting factor from 1 to 5. Example of the evaluation criteria include:
• efficiency (square foot per car space ratio),
• net added spaces (if site is an existing parking lot),
• proximity to demand generators,
• property availability (ownership),
• site conditions (existence of major utilities to be relocated, demolition of existing structures, etc),
• constructability (site constraints),
• capacity yield (can site accommodate the projected parking spaces needed),
• relative costs.
Rich & Associates, Inc. Parking Consultants
Parking Feasibility Analysis Exhibit A
City of Jefferson City, Missouri
Proposal
Task 3 —Site Analysis
The next step involves a planning level analysis of each site. Much of the site analysis will be based on
information provided to us by the City, including any surveys of the sites, existing conditions such as
topographic data, utility information, etc.
• evaluate existing traffic flow and patterns to and from each site,
® evaluate dimensions of each site,
• overview of known site conditions such as utilities, existing structures, etc.
• study access from the surrounding streets to each site and potential entry and exit locations in a
parking garage,
• code and other regulatory issues including local, regional, state and federal.
Task 4 - Concept Development
Following the initial programming session and site analysis our team will develop planning level concept
plans on each site. This concept planning effort will determine the viability of each site to accommodate a
structured parking facility, the efficiency of the concept plan and a baseline estimate of construction costs.
The concept plans on each site will consist of a pre -schematic level floor plans, including a ground level,
typical level and roof level plan. During this process we will share preliminary concepts with you via Webex
or other online / web -based platforms.
Based on the concept plans we will develop a planning level cost estimate of each site,and scheme. The
initial planning level estimate of costs will be on a per square foot basis.
Task 5 — Final Site Evaluation and Recommendation
At this stage the evaluation matrix will be used by the City and the planning team to score and rank each
site. The top 2 ranked sites will be recommended for further evaluation in Phase 2.
Task 6 — Phase 1 Report
The phase 1 report will include a narrative and graphic description of each site, the preliminary program,
concept plans, site selection criteria, cost estimates and the completed evaluation matrix.
Recommendations will be made of the 2 sites most appropriate for the proposed parking project.
Rich & Associates, Inc. Parking Consultants
Parking Feasibility Analysis Exhibit A
City of Jefferson City, Missouri
Proposal
Phase 2 — Feasibility Analysis
Phase 2 involves a feasibility analysis of the two recommended sites. The tasks in phase 2 include:
Task 1— Concept Refinement
The concept plans of the 2 highest ranked sites will be further refined. This will include a review of
aesthetics. During the process, we will discuss with the group potential aesthetic approaches to the
proposed parking structure. The purpose is to prepare a more detailed estimate of construction costs.
Task 2 — Final Cost Analysis
We will consult with a local contracting community in preparation of more detailed estimates of costs. The
project costs will include all costs associated with design and construction, and any property acquisition
costs. We will run the numbers through a cost model to determine an annual debt service amount to be
used in the pro forma analysis.
Task 3 — Pro Forma Analysis
At this point we will prepare a 10 year pro forma analysis in order to determine the economic feasibility of
the proposed parking deck and the potential parking rate schedule needed to support the project. The base
line pro forma will include operating expenses, revenue and any debt obligations of the existing parking
system. This base line pro forma will then be adjusted to include the projected operating costs, revenue
and debt service and debt service coverage requirements of the proposed parking structure.
We will review the 10 year pro forma and determine points at which parking rates may need to be adjusted
to meet debt service obligations.
Task 4 — Phase 2 Report
The phase 2 report will include the final concept plans on the two recommended sites. The concept plans
will consist of a site plan, ground level plan, typical level and roof level plans. An isometric plan of each
concept will be developed to illustrate both circulation and building massing. A narrative description of
each concept plan will be provided. The Phase 2 report will also include estimates of construction cost of
each site along with a revenue and expense pro forma analysis.
FINAL REPORT
A final report document will be submitted to the City for review and approval. The report will include both
the Phase 1 and Phase 2 reports.
Rich & Associates, Inc. Parking Consultants
Parking Feasibility Analysis Exhibit A
City of Jefferson City, Missouri
Proposal
Cost Proposal
Our base cost proposal for the scope of work described above is.
Phase 1- Initial Site Analysis ................................................. $ 9,300
Phase 2 — Feasibility Analysis .............................................. $13,400
Total Cost Proposal ................................................ S22,700
Cost proposal assumes no trips to Jefferson City during the process. Any trips required
will be billed on a time and materials basis.
Rich & Associates, Inc. Parking Consultants 1 4