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HomeMy Public PortalAboutORD14179 BILL NO. 2006-153 SPONSORED BY COUNCILMAN: Ferguson ORDINANCE NO. 1 I � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE BUTLER & ASSOCIATES FOR TRAVEL DEMAND MODELING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute a professional services agreement for travel demand modeling with George Butler & Associates. Section 2. The 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: ��� Ap ed: l Pre s' ing fficer ay r ST: APP ED TO FORM: City CI rk City Counselor -1- G CONTRACT FOR PROFESSIONAL SERVICES for Travel Demand Model • THIS AGREEMENT,made and entered into this day of April, 2007, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as the "City" with offices at 320 East McCarty, Jefferson City, Missouri, 65101, and George Butler Associates,One Renner Ridge,9801 Renner Boulevard,Lenexa,Kansas,66219- 9745, Consultant, hereinafter referred to as the "Consultant". WITNESSETH: THAT, WHEREAS, the City desires to engage the Consultant to render certain technical and professional planning services hereafter described in Exhibit A. WHEREAS, the Consultant 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 performances 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 • perform the services hereinafter set forth in connection with the project described in Exhibit A. 2. 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 6 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 Community Development and shall be accepted and countersigned by the Consultant or its agreed representatives. 3. 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. 4. 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. U lContract FileslProfessional ServiceslButler AssociateslTravel Deman Model-MPO.wpd 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. • 5. 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. 6. Compensation. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Consultant fully performed all work to be paid for in such progress payments in conformance with the contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of Thirty Thousand Dollars ($30,000.00)for all services required unless specifically and mutually agreed to in writing by both the City and Consultant. Such compensation will be paid in progress payments, as specified in Exhibit A, except ten percent (10%) shall be withheld from each phase until it is satisfactorily completed and the finished product for that phase delivered to the City. 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. 7. 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. 8. 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. UAContract ReslProfessional ServiceslButler AssociateslTravel Deman Model-MPO.wpd 2 9. 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. 10. 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. 11. Independent Contractor. The Consultant is an independent contractor and nothing herein shall constitute or designate the Consultant or designate the Consultant or any of its employees as agents or employees of the City. 12. Benefits not Available. The Consultant shall not be entitled to any of the benefits established for the employees of the City not be covered by the Workmen's Compensation Program of the City. 13. 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 h ll s a 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 which are caused by the negligent act, errors and omissions of the Consultant for which they would be otherwise legally liable, arising out of or in any way connected with this Contract. 14. Documents. That reproducible 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. 15. Nonsolicitation. The Consultant warrants that he 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 he has 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. UAContract ReslProfessional ServiceslButler AssociatesMravel Deman Model-MPO.wpd 3 1 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. 16. Books and Records. The Consultant and all his 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. 17: Delays. That the Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the Consultant; that the Consultant has 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. 18. 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 Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and the Consultant, at George Butler Associates, One Renner Ridge, 9801 Renner Boulevard, Lenexa, Kansas, 662619-9745. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. • EXECUTED THIS DAY OF April, 2007. CITY OF JEFFE - ON GEORGE BUTLER ASSOCIATES L S Title:ATTEST: ity derk APPROV TO FOAM: City Counselor i WContract FileslProlessional Servic esIButlerAssociatesITravel Deman Model-MPO.wpd 4 V i EXHIBIT A • SCOPE OF SERVICES Upon execution of this Agreement by the City of Jefferson, as administrator to the Capital Area Metropolitan Planning Organization , or on such other schedule contained herein, the CONSULTANT shall provide the following services pertaining to the Project as Basic Services: TASK 1: MODEL SETUP A. The CITY shall update and provide land use information. 1. The CITY will compile required land use information from existing data files, from City of Jefferson, Cole County and Callaway County records. The City will provide future land use forecasts to year 2030 for the region within the MPO planning boundary 2. The CONSULTANT will review and modify the existing Traffic Analysis Zones within the MPO planning boundary and match US Census boundary limits where discrepancies occur. Transportation model traffic analysis zones will also be expanded to the limits of the CAMPO planning boundaries contained in Cole and Callaway Counties. B. The CONSULTANT will utilize the existing City traffic count database: • 1. The CONSULTANT and the CITY will identify link locations and intersections where ADT and Peak Hour counts information should be taken. Thirty(30) PM Peak Hour turning movement counts at these identified intersections will be obtained by the CITY for the calibration and external trip analysis. If determined to be required, manual counts at locations where current information is unavailable may be recorded by the City of Jefferson, Cole County, Callaway County, or MODOT. 2. The CONSULTANT will update external zone information, including through . - trip tables, using external station counts and information from MoDOT Statewide transportation models and highway counts. Refinement of the external zone information will be completed during the calibration process. C. The CONSULTANT will produce a Project Modeling Workbook 1. The CONSULTANT will produce detailed project records of all pertinent information such as sources of data, assumptions used, and calculations. D. The CONSULTANT will produce reproducible maps with the following information: • 1. Input link and node location information using a coordinate system based on GIS mapping to be provided by the City. • 2. Prepare reproducible maps at scales desired by the City indicating street alignments, street names, and other parameters as desired. 3. Shape files of traffic counts on the road network for incorporation into the MPO/City GIs. TASK 2: MODEL CALIBRATION A. The CONSULTANT will complete up to Twenty(20) VISUM computer runs, with required adjustments, until simulated traffic volumes replicate existing link and node counts within acceptable variation. B. The CONSULTANT will update and maintain project records and documentation of the calibration procedures to keep the Project Modeling Workbook current. C. The CONSULTANT will review model calibration with the City of Jefferson. .1. The CONSULTANT will compute and review the screen line deviations as required by the City of Jefferson until acceptable levels of deviation are reached. 2. The CONSULTANT will revise the calibrated model as necessary before proceeding to TASK 3. TASK 3: REVIEW TRAFFIC VOLUME PROJECTIONS A. The CONSULTANT and the City of Jefferson will develop traffic projections for roads not lower than collector on the Federal Functional Classification within the MPO planning boundary during the periods which include: 1. A baseline projection based on existing approved development plans and committed roadway improvements within the model limits. 2. A long term projection based on projected land use growth within the MPO planning boundary(i.e. Year 2030). B. The CONSULTANT will produce reproducible traffic projection maps for each of the projection periods developed. DELIVERABLES City shall receive three sets of the Traffic Model documents and data sets on Compact Disk. CONSULTANT will also prepare an electronic copy of the report documents in pdf format for use by the city. The Traffic Model update documents, updated VISUM computer models, and associated documentation shall become the property of the Capital Area s Metropolitan Planning Organization and the City of Jefferson, as the • Administrator for the MPO, SCHEDULE Tasks 1, 2 and 3 of the project shall be completed within 90 calendar days after receipt of a Notice to Proceed. • I i • i • GEORGE BUTLER ASSOCIATES,INC. EXHIBIT 8-MANHOUR ESTIMATE Date: 311212007 9207 MELROSE DRIVE.SUITE eat) Client: Je1l'City/CAMPO ^ LENEXA.KANSAS 66714 Project: Traffic hlodel Update (913)a`)241,11MI Made by: 1L(i,''A.IS Firm Engineer Engineer Design TOTAL OTHER DIRECT COSTS TASK/SUBTASK Principal Associate I if Tech LABOR TOTAL $223.1x) $197.00 5110.00 $83.01) V2.1-0 COSTS ITEM COST FEE TASK I-:MODEL SETUP A. Compile and Update Laud Use Information 2 S 24 16 $5,466.00 $5,466.00 B, Evaluate and Utilize Existing City Count Databases 2 4 12 $1,734.00 $1,734.00 C. Establish and Maintain a Project Modeling Workbook 2 4 8 8 S2,559.00 $2,558.00 D. Produce Reproducible Maps 2 4 8 $1,394.00 Travel $200 $1,594.00 SUBTOTAL 4 16 40 44 0 $11,352.00 TASK 2-TN4(.)DEl.CALIBIL1TION A. Complete VISUM Modeling Runs 2 20 40 28 $9,970.00 $9,970.00 B. Update and Maintain Project Records 4 4 4 $1,368.00 S1,368.00 C. Review VISUM Calibration with CAMPO 8 8 $2,056.00 Travel $200 $2,256.00 SUBTOTAL 2 32 52 32 0 513,594.00 TASK 3-TRAFFIC A'01AI 11F.PRO,IECTIONS A. Develop Traffic Projections 2 6 8 8 $2,872.00 $2,872.00 B. Produce Reproducible Maps 4 8 8 52,108.00 Travel $200 $2,308.00 SUB'T'OTAL 2 10 16 16 0 $5,180.00 TOTAL HOURS: 8 58 108 92 0 TOTALFEE: $1,800.00 $9,106.00 510,800.00 $7,820.00 $0.00 $29,526.00 $600 $ 30,126.00 (1) Continuing support in excess of estimate would be provided by GBA and VISSIM staff at hourly chargeout rates. TOTAL FEE: $30,126 t..ltraftic\excel\excel_est\CA1o1P0 VISUM Update estimate form 3-I 1-07.xls 3:29 PM