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HomeMy WebLinkAbout264749 KA ASSOCIATES - CONTRACT - RFP - P825 DIAL A RIDE TRANSFORT STUDYPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and KA Associates, a partnership hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule set forth on pages 3 and 4 of Exhibit "A". 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than July 26, 2002. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: PSA 05/01 1 Hugh E. Kierig, AICP KA Associates 421 East 72nd Terrace Suite 201 Kansas City, MO 64131 City: Gayt_ene Rossiter Transportation Services City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management City of Fort Collins P. O. Box 580 Fort Collins. CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to plans, reports, and specifications, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $500,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: PSA 05/01 P] Hourly billing rates: Reimbursable direct costs: See pages 2 and 3 of Exhibit A. See pages 2 and 3 of Exhibit A. with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Thirty Thousand Three Hundred Ninety-five Dollars ($30,395.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. PSA 05/01 3 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. PSA 05/01 0 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. THE CITY OFF FORT COLLINS, pCOLORADO By: Q4 I - /L. 0, - John . Fischbach City Manager Ja es B. O'Neill II, CPPO, FNIGP Dire for Purchasing & Risk Management DATE: z---1/S� KA ASSOCIATES Federal Tax I.D. No. 74-2839728 By: Title: a ter, o s r. � Date: � te a.-�" \. _ Ze _ PSA 05/01 Work Scope The City of Fort Collins is requesting proposals for firms that can provide two studies to the City: 1) An eligibility assessment and strategy for the ADA complimentary paratransit service known locally as Dial -A -Ride, and; 2) A study of the fare structure for the Transfort system including the Dial -A -Ride program. KA Associates has the skill and knowledge to assist the City in the development of such planning strategies and present recommendations that are fiscally constrained and scientifically sound. Specific paratransit service and fare structure alternatives will be developed and their potential impacts reviewed. We will examine methods to create a fare structure and paratransit service that serves the needs and complements the existing transportation infrastructure. This will require the development of a coordination plan that meets the current organizational and funding configuration of the system. KA Associates understands that this is a critical part of the project and therefore our efforts will be in identifying win — win scenarios that maximize the funding resources available in the region and create operating efficiencies the produce a more cost- effective transit service on the streets. Management Plan Dial -A -Rider Eligibility Study KA Associates proposes a comprehensive approach to the development of eligibility options for mobility impaired residents of Fort Collins and the region that use the Dial -A -Ride program. Emphasis will be not only on the review of those that use the service and the current service delivery system, but also on eligibility limits in accordance with ADA criteria, use of other transportation resources, such as elderly or disability services in the community that can assist current Dial -A -Ride users, scheduling software that tracks users and disability status, and integration of the fixed route system into more ADA related trips. With these investigation areas, Transfort officials and the City of Fort Collins will have the opportunity to make thoughtful decisions regarding any potential changes in the service. Eligibility Study Emphasis o Coordinate and Interview Key Stakeholder Individuals and Groups Including Disabled Community and Political Leadership ❑ Review Existing Services and Eligibility Requirements ❑ Review Existing Scheduling Software ❑ Ride the Dial -A -Ride Service o Conduct Community Forums to Gather Citizen Input o Peer Group Comparison ❑ Investigate Service Options Including o Utilization of Fixed Route Service for Some ADA Trips o Review Varying Levels of Eligibility and Impacts on the Current Users and Service o Modifications to Current Service Including Curb -To -Curb Service o Impacts on Service Productivity, Effectiveness, and Revenue ❑ Collaborate with Transfort Officials on Suggested Strategy Components and Options ❑ Develop Financing Impacts for Each Component and Option ❑ Coordinate Presentation of Recommendations at Key Meetings ❑ Develop Implementation Schedule and/or Phasing by Option and Component ❑ Work with Elected Officials, Staff, and Client Committee in Developing Community Consensus on Proposed Recommendations Eligibility Study Deliverables Ten hard copies of final report and report in electronic format. Eligibility Study Timetable See "Study Timetable" below. Eligibility Study Costs Estimated Senior Partner Hours —125 Estimated Associate Hours — 30 Senior Partner Hourly Rate - $90.00 Associate Hourly Rate - $70.00 Study Costs Personnel - $13,350 Travel - $2,500 Profit Margin and Overhead - $1,335 Printing - $500 Proposed Eligibility Study Cost - $17,685 Fare Analysis Study KA Associates staff experience transit operations and management brings a wealth of understanding to an examination and analysis of the Transit and Dial -A -Ride fare structure. Knowing the impact that an adjustment in the fare charged transit patrons, no matter how slight, can significantly impact revenues and ridership. Emphasis will be not only on the review of the existing fare classifications and contributions to the revenue stream of those classifications, but also look at University contributions based on ridership participation and service cost. Other emphasis areas of this study will include farebox recovery, potential contract services for special transportation services (Medicaid, Welfare -To -Work, etc.), and the impact of transit passes to revenue. Transfort officials will be consulted on methodology used to develop estimates on projected revenue and ridership impacts based on developed revenue options. KA Associates will conduct stakeholder interviews and informal "community" meetings to gather input from the public and current users of the service. As a value added feature of the proposal, KA Associates will conduct on -board surveys to determine levels of impact that fare adjustments may have on current ridership. KA Associates will present recommendations to Transfort officials and the City of Fort Collins for review and future implementation. Fare Analysis Study Emphasis ❑ Coordinate and Interview Key Stakeholder Individuals and Groups ❑ Review Existing Fare Structure ❑ Ride the Fixed Route Service ❑ Conduct Community Forums to Gather Citizen Input ❑ Develop and Conduct On -Board Surveys `a ❑ Develop Alternative Fare Recommendations by Service and Classification and Determine Ridership and Revenue Impacts Including o Costs Per Ride o Farebox Recovery o Ridership Estimates ❑ Review Impacts from Special Services and Areas including Dial -A -Ride Service to North County and Fox Trot Service ❑ Collaborate with Transfort Officials on Suggested Strategy Components and Options o Coordinate Presentation of Recommendations at Key Meetings ❑ Develop Implementation Schedule and/or Phasing by Option and Component ❑ Work with Elected Officials, Staff, and Client Committee in Developing Community Consensus on Proposed Recommendations Fare Analysis Deliverables Ten hard copies of final report and report in electronic format. Fare Analysis Study Timetable See "Study Timetable" below. Fare Analysis Study Costs Estimated Senior Partner Hours —100 Estimated Associate Hours — 30 Senior Partner Hourly Rate - $90.00 Associate Hourly Rate - $70.00 Study Costs Personnel - $11,100 Profit Margin and Overhead - $1,110 Printing - $500 Proposed Fare Analysis Study Cost - $12,710 Study Timetable Based on conversations with Transfort staff and time constraints identified in the Project's Request for Proposals, the following is the timetable with which KA Associates is proposing for completion of the Eligibility and Fare Analysis studies: March 4ch — March 29th — Begin evaluation of Transfort system performance data and information related to the Study tasks. April 3rd —April 5ch — Conduct interviews with key community stakeholders, hold focus group sessions with Dial -A -Ride consumers, meet with Youth Advisory Board, Dial -A -Ride Advisory Committee, ride routes, and meet with Transfort staff. April 10th — April 12th — Conduct interviews with key community stakeholders, hold "community meetings", meet with Senior Advisory Board, Commission on Disability, Office on Aging, and meet with Transfort staff. (Transfort staff will schedule a meeting with Northern Colorado Cross Disabilities Coalition during the April 3rd or April 10th visits.) 3 April 17`h — Meet with Transportation Board. Early to Mid May — Meeting with City Manager regarding preliminary findings and direction of recommendations. Conduct second "community meeting". May 28th — Conduct study session with City Council. June 2151— Complete draft report with recommendations for review by Transfort and City staff. July 16th — Attend presentation to City Council for report recommendations and policy adoptions as necessary. July 26`h — Complete and print report and forward to Transfort staff. 0