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HomeMy WebLinkAbout134076 PARSONS TRANSPORTATION GROUP INC - CONTRACT - CONTRACT - P851PROFESSIONAL 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 Parsons Transportation Group, a corporation, 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 five (5) page[s], and incorporated herein by this reference. 2. 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 October 1, 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. 3. 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: 1 Page • Supplement for Fort Collins Model Documentation that provides the modified information. • Update for the Users Guide that updates all procedures necessary for the new model. In addition to the reports, a one-half day training session in the use of the revised model will be provided to Fort Collins staff and the model will be fully installed on one City of Fort Collins computer. Parsons Quality Control Strategy All reports produced by the Consultant will be subject to the following reviews: • An internal QA/QC check prior to submittal to the City of Fort Collins. • A review of draft reports written by the Consultant by City of Fort Collins staff and others designated by City of Fort Collins. City of Fort Collins staff will summarize all comments into one document for each report prior to returning the documents to the Consultant for modification. The Consultant will correct any errors noted in the draft reports and submit the final reports to City of Fort Collins. Four bound copies of each report will be provided. In addition, the reports will be submitted on a CD in Microsoft Word format. 10 Page EXHIBIT C The project budget is shown below. Labor Budget Task 1 Task 2 Task 3 Task-4— Review Modify and Test Consistency Documentation Hourly Procedures Procedures Finding G Training Total Rate HOUR Cost Hours Cost Hours Cost Hours Cost Hours Cost Odgers $28.00 32 $89E 80 $2,240 29 $672 24 $672 160 $4,480 Kurth $51.00 24 $1,224 16 $816 8 $408 8 $408 56 $2,856 Yung $34.17 16 $547 16 $547 8 $273 8 $273 48 $1, 640 Support $16.00 12 $192 16 $25 8 $128 8 $128 44 $704 Labor Subtotal 84 $2, 859 128 $3, 859 48 $1, 481 48 $1, 481 308 $9, 680 PTG Burden 1.3429 $3,838 $5,180 $1, 988 $1,988 $12:994 PTG Subtotal $6, 697 $9,039 $3,469 $3,469 $22,674 Other Direct costs Surface Travel $0.365 130 $47 30 $11 130 $47 130 $97 420 $152 ommunications $0 $0 $0 $0 $0 Delivery Services $0 $0 $0 $0 $0 Reproduction $5 2 $10 $0 2 $10 4 $20 8 $40 Miscellaneous S0 Subtotal $57 $11 $57 $67 $192 PSA O5/01 PARSONS 1133 Fifteenth Street, NW • Washington, DC 20005-2701 (202) 775-3300 • Fax: (202) 775-3422 • www.parsons.com May 6, 2002 Mr. Robert F. Hull Parsons Transportation Group, Inc. 525 W. Monroe Street, I& Floor Chicago, IL 60661 Dear Rob: The Board of Directors of Parsons Transportation Group, Inc., by resolution dated January 2, 2001, resolved and authorized the President, Jim Shappell, to enter into, execute and deliver any contract or instrument for services in the name of and on behalf of the Company. At the same time the Board also resolved that the President could delegate his authority, provided that any such delegation be in writing. The Board further resolved that I be appointed to the office of Executive Vice President of the Company. The Board's actions remain in full force and effect. Jim Shappell has authorized me to issue this Delegation of Authority letter to you subject to the following. You are hereby given full authority to sign contracts, supplemental agreements and proposals for the Corporation where the value of those instruments does not exceed 51,000,000. Any prior delegations given to you are hereby revoked. For instruments having greater dollar values, we will make the appropriate delegation when the situation warrants. In all cases the procedures will be followed pursuant to the Company's policies and procedures as outlined in the attached memorandum dated January 3, 2001. This delegation will remain in effect from January 1, 2002, through December 31, 2002, or until such time as you are notified of its rescission. Your execution of documents after January 1, 2002 but prior to the date of this letter is ratified. Very truly yours, \ LG1-- - — Thomas E. Barron Executive Vice President cc: T. S. Weber k Professional: City: With Copy to: Roger Koester City Clerk John Daggett Denver Area Manager City of Fort Collins City of Fort Collins Parsons Transportation Group PO Box 580 PO Box 580 1700 Broadway, Suite 600 Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO, 80290 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. 4. Design, 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 designs, plans, reports, specifications, and drawings 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 professional liability insurance in the amount of $1,000,000. 5. 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 schedule attached as Exhibit C, consisting of one (1) page, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed twenty-five thousand one hundred thirty four dollars ($25,134). Monthly partial payments based upon the 2 Page 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. 6. 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. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 10. 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. 12. Personal Services. It is understood that the City enters into this Agreement based 3 Page 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. 13. Acceptance Not Waiver. The City's approval of drawings, designs, 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. 14. 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. 15. 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. 16. Binding Effect. This writing, togetherwith 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, 4 Page 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 OF FORT COLLINS, COLORADO By: QO" U, Ja es P. O'Neill II, CPPO, FNIGP Director o P chasing & Risk Management DATE: Group f. U1R %Af,d��� Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: 74f4�Z ATTEST: (Corporate Seal) Corporate Secretary EOFFICIAL BEAT UMU 0"PE NOTARY PUBLIC, STATE OF IUMM My CWwV5Wn EXPIM 4434= 5 Page EXHIBIT A SCOPE OF WORKER PROJECT UNDERSTANDING The current Fort Collins TransCAD model was based on the North Front Range Metropolitan Planning Organization (MPO) Minutp-based model. At the time the model was created, the horizon year was 2020 for both models. The North Front Range MPO has subsequently revised their model including converting it to the TransCAD modeling platform. The changes made to the North Front Range MPO model were based on the Fort Collins implementation of the model. The MPO made several changes during this model revision, some of which are listed below. • Horizon year of 2025 • Remove Longmont from regional area • Modified zone structure and renumbered zones • Modified socioeconomic data based on the new zone structure • Modified network with less detail (no local roadways) • Removed trip generation from the GISDK model script and placed it in an Excel spreadsheet with modified trip generation rates • Eliminated the mode choice component • Modified several network field values, including capacities, functional classifications, speeds, and times • Incorporated turn penalties into the network • Modified the procedures for determining special generator trips • Change in the time variable used in trip distribution • Modified time of day definitions The objective for this project is to develop a Fort Collins model that is consistent with the regional model, yet still has the detail and focus that the City of Fort Collins requires. The City currently has several planning projects that require the use of this model, including the Mason Street Corridor Preliminary Engineering Effort that is an FTA New Starts project. While the use of a Fort Collins model that is consistent with the regional model represents good planning principals, New Starts projects have some very specific guidelines that must be certified by the Chief Executive Officer or General Manager of the sponsoring agency. These guidelines include: • Assuming identical highway and transit networks outside the corridor for the No Build, the TSM, and the Build alternatives for the travel demand forecasts; • Defining the build alternative as the project for which we are seeking FTA New Starts funding; 6 Page • Developing ridership forecasts for the New Starts project that are based on the same set of growth forecasts and land use assumptions that are used to estimate ridership for the No Build and TSM alternatives; • Allocating the population and employment growth on the basis of locally adopted land use plans; • Analyzing the Build, TSM, and No Build Alternatives within the same basic policy settings, i.e., the model assumptions, parameters, and inputs are the same for all alternatives except for changes in the transportation network or other data that are directly attributable to each alternative. • Report the New Starts criteria and specific measures only for the Section 5309 New Starts transit investment and not for the complete build alternative. The Fort Collins model will, by necessity, differ from the regional model since it includes transit processing and mode choice capabilities. The certification guidelines allow for these differences from the regional model providing the land use and growth forecasts are consistent with locally adopted plans (i.e., the regional plan in general and any more detailed Fort Collins specific plans). Nevertheless, since the FTA will review the modeling process used for the New Starts modeling, maintaining consistency with the regional modeling process will be important, provided that consistency does not weaken the reasonability of the New Starts forecasts. Parsons encourages the continual education of the City of Fort Collins staff members and desires to help them learn the details of their model. Our project approach incorporates many cost saving measures that teach and direct City staff to perform some of the tasks. PROJECT TASKS AND DELIVERABLES Task 1: Review NFRMPO TransCAD Model Objective: The objective of this task is to fully determine all of the changes between the Fort Collins model and the NFRMPO model and deciding which changes are necessary to maintain a model consistent with the regional model. Discussion: The Consultant will acquire and review the NFRMPO TransCAD model and the Fort Collins model to be able to determine all of the changes that exist between the models. Of these changes, some will be important to include (such as changing to the horizon year of 2025) while other changes are not critical for maintaining a consistent model (such as removing local roadways within the city). Based upon these reviews, a detailed plan for modifying the TransCAD model will be developed and 7 Page discussed with Fort Collins staff. Discussions will be held with City staff to determine which changes will be made in subsequent tasks. City of Fort Collins Involvement: City staff will be involved in the discussions regarding the changes that will be made. City staff will also review and provide comments on the memorandum produced during this task. Products: A memorandum detailing proposed changes to the model will be produced as part of this task. Task 2: Modify and Test TransCAD Modeling Procedures Objective: The objective of this task is to implement and test the modifications to the modeling procedures specified in Task 1. Discussion: While detailed modifications to the modeling procedures will be developed in Task 1, several likely changes can be specified here. • Updates to the zone structure and socioeconomic data • Updates to the network • Updates to the four -step modeling process • Modifications to the GISDK modeling script The Consultant and City of Fort Collins staff will share responsibilities for this task as described below. Consultant Involvement: In general, the Consultant will take responsibility for any modifications made to the travel models or implementation of the modeling process including modifications to the GISDK code used to implement the model procedures. In addition, the Consultant will provide training and oversight to City staff for the tasks performed by the City. City of Fort Collins Involvement: Hands on experience provides an excellent opportunity for City of Fort Collins modeling staff to learn the travel model and the changes being made to the model for consistency purposes as well as reducing Consultant cost for the project. In addition, City staff should be very familiar with the socioeconomic and demographic data and forecasts for the City as well as the transportation networks for the City. Thus, it is assumed in this proposal that City staff will take the major responsibility for updating the zone structure, socioeconomic and demographic data, and transportation networks for consistency with the regional model and for the new 2025 forecast year. The Consultant will meet with City of Fort Collins staff at their offices to provide initial training, 8 Page discuss goals for the updates, and define procedures. After the initial meeting, the Consultant will be available to answer ongoing questions and to provide further guidance, and will review the completed work. The proposed cost estimate that follows assumes that City staff will take the primary responsibility for the following tasks: • Modify the network by adding centroid connectors, removing roadways, updating network line layer fields and node layer fields, etc. • Modify the socioeconomic data • Update the GIS Zone Layer • Assist with gathering the necessary information for validation and testing Products: The products of this task will files, programs, macros, etc. created to modeling procedures. Two CDs containing model will be provided. Task 3: Consistency Finding be all source code, implement the revised the functioning 2025 Objective: The objective of this task is to document the consistency with the regional model. Discussion: The Consultant will prepare a technical report documenting the consistency of the new 2025 model with the regional model. In situations where the models are inconsistent (e.g., the City of Fort Collins model includes transit processing and mode choice capabilities), the impacts and implications of the inconsistencies will be discussed. The resulting document will provide important documentation for future projects that must be coordinated through the MPO or are funded by the State of Colorado or the Federal Government. Products: A consistency findings technical report. Task 4: Documentation and Training Objective: The objective of this task is to develop documentation of the revised modeling procedures and to provide training to Fort Collins staff in the use of those procedures. Discussion: The Consultant will prepare supplements to the Fort Collins model documentation and users guide reports and provide a one-half day training session for Fort Collins staff on the implementation of the revised model. The Consultant will install the new model on one City of Fort Collins computer. Products: Two documents will be produced as part of this task: 9 Page