HomeMy WebLinkAbout197877 LSA ASSOCIATES - CONTRACT - RFP - P856 TRAVEL DEMAND MODELING TECHNICAL SUPPORTPROFESSIONAL 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 LSA Associates, hereinafter referred to as 'Professional'.
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scooe of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, 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 fifteen (15) days following execution of this
Agreement. Services shall be completed no later than December 31, 2004. 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:
Professional: City: With Copy to:
LSA Associates City of Fort Collins, Mark Jackson City of Fort Collins, Purchasing
132 W. Mountain Ave. Transportation Planning PO Box 580
Ft Collins, CO 80524 PO Box 580 Ft Collins, CO 80522
Fort Collins, CO 80522
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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 errors and omissions
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 following schedule:
Hourly billing rates: $ 160.00 Ray Moe, Managing Principal
$ 125.00 Everett Bacon, Senior Manager
$ 80.00 Sean Mc Atee, Transportation Engineer
$ 40.00 Todd Lyon, Research Assistant
Reimbursable direct costs: as billed
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
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exceed Fifteen Thousand Dollars ($15,000). 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.
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. [Optional] 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.
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.
9. 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 forthe payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
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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 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.
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 often (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.
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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 OF FORT COLLINS, COLORADO
By: R o' � W
J es B. O'Neill II, CPPO, FNIGP
Directorlof Purchasing & RiskManagement
DATE: � (J /0 J
LSA Associates, Inc.
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
(Corporate Sea])
Corporate Secretary
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.SA I
October31, 2003
Mr. Mark. laduOn
TraOsportatian "mains
(,'fly of Fort Collins
215 N. Nissen SR
Poet Coiliae, CO 80521
EXHIBIT "A"
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raA mr wanaeu. n.sN nN aim 4NM rr6a ,re NNxrNly •,Yau,a.
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IRE: Scope b(Sts"M -Apia:-CNI TnWCAD Modeling Support and Tochniral A.asisraacn
Door Mr. IWAsna :
Parsium to Our rarxnt Conveniences, I am fonvardins; a proposed aoopa of services 8rr LSA ar Psnv'ide
on -tail madding,technical assistimM and staff training for application orme City's lrrawCAh travel
demand modal.
Tito City's TrmtsCAD novel modelhas provided valuable information to wWrt. a variaty of the City's
dcpattmemal use& and applicadotiL It is expected that the City will seen wish to replace the exis ins
'Version 3.0" model with the TmmCAD navel modoi. recently updated by LSA Associates for the North
Fe" Rage WO (NFR MPO). This updated regional Handel includas the same capabilities as the model.
maintained by the City of Fort Callim, inchrding a Mode Cheice procedure and a relatively high towel of
dealt in and around Fat Collins, In addition, stir model contains network upda" that: bring the base
Yew up to 2M1 Socioeconomic data contained in the model was updated using Cemae2000 and slake
emPlOyiurau data. This nodal will be maintained by life MPO and made available for use by member
gam, including rtee City of Ford Collins,
'fit modal producer forecaAalroadway trdEc volumes and bnueit ridership, it can 1x-uacd to teat a
variety of land use scenarios mud transportation imrosunasts for corridor and subarm studies. Travel sheds
associatedwithtraffic impacts at intMikin t intersections and travel parems from add dimlopmarue
Of IOCWMS can he 1datNdied, The Model emr also p onow renting problems for planning of
cOratmCtion, and special ovens. Air quehty imtraets of transportation deciaios tan be dewrmhred uahtg a
process consistent with that used by the elan Air Pollution Conrol Division (APCD).
TO edittiendy utilize the ravel model AS an studying toW, the City sty wish to retain Oa,cali support from
LSA, LSA can pmv&le supW°rt For the exbilusg City Of Fart COW" Navel mold, m well his, the updated
MPG mudel. Under such an agreement, ISA will waist with model installation, application, and
Operatiomt issues as they once. LSA can provide raining in the operation of the TramaCAlt software and
in use of the ravol models, to addition, LSA can provide or assist wits specific modeling services such as
fcatt" of INW me rant network sketusdivoa,analysis of model maul s. and preparation of
maps and gmphica.
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LSA will provide dKee swAces an a time ardl materials basis LSA'a mm dwd biAP# rorn are as fojjow sa
i look forward to mwwing Ow seape wt& ymL if you have any quesitirms or require a oual
information, pleaw call me at 970494-1 SM,
Sincerely,
LSA Associates, Inc.
Ray A, Moe
mo aging Priem"'
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