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HomeMy WebLinkAbout214608 PBS&J - CONTRACT - RFP - P915 CONSULTING SERVICES FOR NO CO TRUCK MOBILITYPROFESSIONAL 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 PBSU 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. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) 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 attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Services shall be completed no later than July 30, 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. 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 • Affecting Behavior. The validity of addressing behavior as a strategy during this Phase II project will be reviewed by the City Attorney. Although aimed at rerouting non -local trucks, the intent of Ballot Initiative 200 is to "minimize the impact of the Truck route on businesses, neighborhoods, and residents of Fort Collins." This concept will be further explored as it pertains to strategies that may alter the quality of the truck traffic. Altering behavior such as time of day of deliveries of local trucks may have as much of, or even more, of an impact than rerouting through trucks. Other behavioral factors that could be addressed include the speed and safety practices of truck drivers traveling into and through Fort Collins. This approach will be developed further with consideration of the Downtown Strategic Plan and in conjunction with the Downtown Development Authority. C.1. NRBS Research and Refinement Based on the previous efforts, strategies will be characterized as being marketing based, technology based, or enforcement based. C.1.1. Marketing Strategies Marketing strategies will be aimed at the trucking industry, designed to affect a change in their route selection for travel along the subject corridors, or a change in behavior for those that don't change routes. All strategies that were proposed were carried forward, such as using highway advisory radio, variable message signing, and advertising in publications, on billboards, on the Internet, and on the radio. In developing a Marketing Plan for the project, several steps are involved to determine the most applicable methods for achieving the greatest results. • Research. This first phase entails meetings with the Project Management Team, research into other studies and similar projects and their effectiveness, and determining goals and objectives. This step will require focus group testing to help determine market segments and messages. • Market Segmenting. The next step will be to identify potential market segments. These may include truck drivers, route managers, state highway personnel, citizens of Fort Collins, and others. • Messaging. Proper messages and selling points will be developed for the overall Marketing Plan by market segment. We will work closely with the Project Management Team and TAC to develop project messaging. • Media. All avenues of communication will be researched. Based on the market segment and message, several types of media will be recommended. Some categories may include: print advertising, outdoor, brochures, direct mail, radio, television, and the Internet. • Budget. Overall funding will be the determining factor in recommending media promotion. A budget will be developed to include the most effective means of communicating with our audience. PSA 05/01 4 • Marketing Plan. From the resulting information gathered, an initial Marketing Plan will be developed. This plan will be designed to be tested and updated or changed as deemed necessary to meet goals. The Marketing Plan is designed to address immediate needs, later needs, and future needs. The plan consists of: Goals and Objectives Recommendations Time Line Budget Outline C.1.2. Technology/Physical and Regulatory/Enforcement Strategies Relatively few physical or enforcement strategies were recommended as viable strategies during the first phase of this project. Signing along truck routes aimed at keeping trucks on the proper route and variable message signs along I-25/I-80 that could provide information encouraging use of the Interstate route are two examples of physical strategies that could be considered for implementation. Increasing enforcement of compression braking laws is the only viable enforcement strategy that was recommended in the first phase of the project, and is a strategy that would probably affect behavior more so than route selection. In addition to NRBSs that fall into these categories, other strategies may emerge that do not fit these categories. One-on-one or small group meetings with enforcement agencies will be conducted as part of this work element. C.2. Trucking Industry Workshop Once the refined strategies and Marketing Plan are developed, a second workshop will be conducted with various interests from the trucking industry. The purpose of the workshop will be to discuss the refined strategies and present the major elements of the Marketing Plan. As stated earlier, the Colorado Motor Carriers Association will be asked to host the meeting. The meeting will be conducted in a workshop format to facilitate open dialogue and exchange of ideas. Work Element 3 Meetings and Deliverables Meetings • Trucking Industry Workshop • Enforcement Agency Meetings (3) Deliverables • Refined Strategies • Marketing Plan • Meeting Notes • Meeting Exhibits D. Work Element 4 - Evaluation The process to evaluate the impacts of the NRBS begins with the development of evaluation goals, objectives, and measures. This first step will define the intent of the evaluation and provide an opportunity to develop consensus on the intent and the PSA 05/01 5 methods used to evaluate the project. The goals and their supporting objectives will be developed to define the desired results and the measures are identified as specific ways to quantify the results. After the goals, objectives, and measures are determined, methods of collecting the necessary data and the means to analyze the data will be developed. The information developed herein will be presented in a preliminary evaluation plan. The completion of the evaluation plan and conducting the evaluation will occur in Task Order II. Work Element 4 Meetings and Deliverables Deliverables • Preliminary Evaluation Plan • Goals, Objectives, and Measures E. Work Element 5 - Outreach Activities Specific public and agency outreach activities include seven major themes; Project Management Team Meetings, TAC Meetings, Stakeholder Meetings, Informational Open Houses, City Council Meetings, Transportation Board Meetings, media, and the website. These activities will be occurring throughout the life of the project; however, they are quantified here only as they will occur in Task Order 1. E.1. Project Management Team The Project Management Team will serve as the key decision -making entity. The Project Management Team will help develop the project goals and objectives and ultimately make the final decision for the strategy implementation recommendations. This group will meet once a month at a minimum. During the plan update process, when decision -making steps are more frequent, more meetings may be required. For purposes of this scope of services, three (3) Project Management Team meetings are planned. Project Management Team members will include representatives from transportation planning and the consultant team. Committee notebooks will also be developed for each member to organize the information that is presented at the meetings. E.2. Technical Advisory Committee The TAC will provide technical insight into the planning and implementation and evaluation of NRBS related to the project. This group will meet bi-monthly. During the study, when decision -making steps are more frequent, more meetings may be required. For purposes of this scope of services, two (2) Technical Advisory Committee meetings are planned. Committee notebooks will also be developed for each member to organize the information that is presented at the meetings. E.3. Stakeholder Meetings An important part of developing consensus on the NRBS recommendations is to develop a clear understanding of the various issues throughout the project area. This requires outreach to groups like homeowners associations, service organizations, agency committees and boards, and others. For purposes of this scope of services, six (6) of these meetings are assumed. We will also develop a PowerPoint presentation that will be updated regularly to use for these outreach meetings and other committee meetings. PSA 05/01 6 E.4. Informational Open Houses Informational Open Houses will be conducted at key milestones including Project Initiation, NRBS Pre -Implementation, and Long Range Recommendations. Each open house meeting will be structured in a format to solicit comment on the project results to date. Notices for the open houses will include advertisements published in the Fort Collins Coloradoan. Public input will be solicited through individual conversations, wall talkers, and comment sheets. Copies of meeting summaries and public comment sheets will be provided to the City. One of the meetings is assumed in Task Order 1. E.S. City Council Meetings Briefings will be conducted with City Council at key project milestones including NRBS Pre -Implementation, Evaluation, and Long Range Recommendations. The first two briefings will be study sessions and the final meeting will be for adoption of the project. One briefing is assumed in Task Order 1. E.6. Transportation Board Meetings Much like City Council, briefings will be conducted with the Fort Collins Transportation Board at key project milestones including NRBS Pre -Implementation, Evaluation, and Long Range Recommendations. In Task Order 1, one meetings/presentation with the Transportation Board will be conducted. E.7. Media Outreach Media outreach is a vital component of this project to support the political decision - making process. Continuous media outreach will be an important strategy to maintain the credibility of the process and the project. The intent of the media outreach is to provide public information, and to coordinate and pro -actively encourage participation and involvement by local residents, users, interest groups, local elected officials, and affected agencies. Media Outreach tasks include: • Publicize public meetings in local media through active outreach in advance of meetings • Develop media/public materials to publicize project efforts • Media coordination at public meetings • Team support and coordination with media response Strategic Planning tasks include: • Identify key agency/local government and media players, initiate contact, and summarize issues and concerns for use in scoping and planning • Assist in development of mailers to inform affected parties of project developments E.B. Project Website A new website will be developed to support this phase of the project. The new website PSA 05/01 7 will have the same look and feel as other City web pages. A link will be provided to the existing website that was developed as part of the Northern Colorado Truck Mobility/SH 14 Relocation Study. A significant portion of the project data that will be developed for the project will be posted on the website for the public. City staffs that maintain the website will be provided with information so that updates will be provided on a monthly basis or at critical milestones. The project links and feedback forms will be updated to reflect this phase of the project. Work Element 5 Meetings and Deliverables Meetings • Project Management Team (3) • Technical Advisory Committee (2) • Information Open Houses (1) • Stakeholder Meetings 6) • City Council Briefings (1) • Transportation Board Briefings (1) Deliverables • Project Management Team Committee Notebooks (up to 10) • TAC Committee Notebooks (up to 25) • Meeting Materials • Meeting Notes • Meeting Exhibits • Comment Sheets • Project PowerPoint Presentation (updated regularly) • Newspaper Ads • Press Releases • Project Messaging • Website Development • Website Maintenance F. Work Element 6 - Project Management Project management services will be provided throughout the project. This includes monthly billings and invoices that include progress reports, detailed milestones, and issues and concerns; general coordination with the City; and subconsultant coordination and management. This task includes schedule and budget monitoring, quality control and assurance, filing, and closeout procedures. Also included are monthly meetings with City staff for project updates and coordination. These meetings will be scheduled in conjunction with one of the other committee meetings to minimize cost and maximize schedules. While these activities will continue throughout the life of the project; they are quantified here as they will occur in Task Order 1. Work Element 6 Meetings and Deliverables Meetings • Project Update Meetings (3) (Meetings will be scheduled to coincide with PMT meetings) Deliverable PSA 05/01 8 Monthly Billings and Progress Reports PSA 05/01 EXHIBIT "B" SCHEDULE Month 2 Monlh4 Month 6 Month 6 Month 10 Month 12 Notice tProceed xl 1nifiabon - Internal Kidrox Project Mess i --- Inittal Outreach --- NRBS Review — Legal and Regulatory Review ••--- Truckinn Industry Workshop x NRBS Development — — — — — — NRBS Research and Refinement Trucking Industry Workshop -------- Evalushon — — — — — Outreach Activities — — — — — PM Team Meetings x TAC Meetings Stakeholders Meetings x x Informational Open Houses x City Council Meetings Transportation Board Meetings x Media Outreach ----- Project Website ----- Project Managemant PSA 05/01 EXHIBIT "C" COSTS LABOR ESTIMATE PROJECT WORK ELEMENTS P/C PM Planner Planner Admin Totals Plummer Millar Price Gerak Auer $165.00 $151.00 $75.00 $88.00 $52.00 Hours Costs Project Initiation 24 32 104 0 24 184 17 840 NRBS Review 12 32 52 60 16 172 $16 824 NRBS Refinement 161 56 144 80 1 16 312 $29 768 Outreach Activities 1 20 1 50 75 0 10 155 $16 995 Project Management 0 60 0 0 20 80 $10 100 Labor Total 72 230 375 140 86 903 $91,527 OUTSIDE SERVICES iSUBCONSULTANTSI: InterMountain $35,000 Rinehart $16,000 Poitra Ballah $5,000 All Traffic Data $20 000 $76,000 DIRECT EXPENSES Mileage 5,000 $0.38 mi $1,875 Copies B&W 1,000 $0.14 each $140 Copies Color 200 $1.50 each $300 Plots Color 20 $3.00 each $60 Meals 40 $12.00 each $480 Lodging 5 $90.00 /night $450 TOTAL EXPENSES $3,305 TOTAL PROJECT COST $170,832.00 PSA 05/01 Professional: City: With Copy to: PBSU City of Fort Collins, City of Fort Collins 5500 Greenwood Plaza Blvd. Ste 150 Purchasing Attn: Mark Jackson Greenwood Village CO, 80111 PO Box 580 PO Box 580 Fort Collins, CO 80522 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. 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 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 N/A 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 cost schedule attached hereto as Exhibit "C" consisting of one (1) page, and incorporated herein by this reference with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed One Hundred Seventy Thousand Eight Hundred Thirty Two Dollars ($170,832). The parties acknowledge that the sub -contractors are not parties PSA 05/01 2 Thirty Two Dollars ($170,832). The parties acknowledge that the sub -contractors are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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. Proiect 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. 9. 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, PSA 05/01 c at the option of the City, suspend the processing of any partial payment request. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 PSA 05/01 4 because of the default. 15. 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. 16. 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. PSA 05/01 5 THE CITY OF FORT COLLINS, C�OLORADO By: � 9 . -{a,rkT:-...-Y. John . Fischbach City Manager By: 0' az 6: mes B. O'Neill II, CPPO, F P Directo of Purchasing & Risk Management DATE: 3-/a - 0q TTEST:' City Clerk' APPROVED S TO FO M: Assistant i Attorney PBS J By: Title: Q55act�t V tcc �ns.�•--� CORPORATE PRESIDENT OR VICE PRESIDENT Date: 317(0 y ATTEST: Corporate Secretary 8m at color PuM MY 0onuftslon Explree 5/29/2005 PSA 05/01 (Corporate Seal) //i�,�,, a Stator Of.LF,County o}j�jD� 81QrtedbefoteaMgl �, . a Nt tvsy WN EXHIBIT A SCOPE Northern Colorado Truck Mobility/SH 14 Truck Route Relocation Project — Phase II: Non -Route Based Strategies Scope of Work — Task Order 1 March 5, 2004 The overall scope of work for Phase II of the Northern Colorado Truck Mobility/SH 14 Truck Route Relocation Study is divided into several major work elements: Project Initiation, Non -Route Based Strategy (NRBS) Review, NRBS Refinement, NRBS Pre - Implementation, NRBS Implementation, Evaluation, Long Range Recommendations, Outreach Activities, and Project Management. Due to the nature of the project, Phase II will be divided into two task orders. Task Order 1 work elements will provide an understanding of baseline conditions and expectations to maximize the effectiveness of the project. Following key outcomes and decisions made during Task Order 1, a second task order will be written to address additional implementation, evaluation, and recommendation tasks. I. Task Order I Scope of Work Task Order I includes Project Initiation, NRBS Review, NRBS Development, Outreach, and Project Management. It will also include some initial work elements of the Evaluation phase. A. Work Element 1 - Project Initiation The purpose of the project initiation work element is to develop a clear understanding of the project goals and objectives, reconnect with potentially affected interests from the first phase of the project, and develop key messages for this phase of the project. A.1 Internal Kickoff Meeting Following notice to proceed, a meeting will be conducted with the Project Management Team consisting of City of Fort Collins staff and representatives from the Colorado and Wyoming Departments of Transportation. The intent of the meeting will be to clarify the outcomes that are expected from the project including communication protocol, major schedule milestones, Technical Advisory Committee (TAC) membership, and any other housekeeping items. The meeting will also be used to begin the development of goals and objectives specific to the Non -Route Based Strategies implementation that will critical to the Evaluation component of this project. Finally the list of potentially affected interests (PAI) with be discussed and updated. A.2. Project Messaging Given the political and planning sensitivities of this issue, a new series of project messages will be developed. These messages will be developed through a workshop with the Project Management Team. Messages will include key points and rationale for the project. The messages will be used to ensure consistent communications from the PSA 05/01 project team to the various stakeholders and media. Emphasis will be placed on ensuring realistic expectations and clarifying the project focus. A matrix will be developed to document the messages. A.3. Initial Outreach To re-engage the various stakeholders from the previous phase of this project, a follow- up to the existing mailing will be prepared. The letter will explain what this phase of the project entails, how they can get involved, and contact information for the project team. The letter will be approved by the Project Management Team prior to being released. Work Element 1 Meetings and Deliverables Meetings • Kickoff Meeting • Messaging Workshop Deliverables • Meeting Notes • Milestone Calendar • TAC Membership List • Refined List of Project Deliverables • Initial List of Goals and Objectives • Outreach Letters • Messaging Matrix • PAI List • Initial Outreach Letter B. Work Element 2 - NRBS Review The Northern Colorado Truck Mobility/SH 14 Relocation Study identified, evaluated, screened, and recommended many NRBS. This phase of the project will build on the previous results and carry forward these recommendations that were adopted. However, in the two years since the completion of the previous study, some conditions have changed that might alter the decision to eliminate or include some of the identified NRBS. Also, the stakeholder representatives participating in this project may not have been involved in the previous project. Given these issues, previous recommendations will be revisited and updated as necessary. B.1. Legal and Regulatory Review To ensure that the most recent regulatory changes are represented, previous research will be reviewed and updated in regards to City, County, State, and Federal laws and regulations. Consultation with the City attorney will also be necessary as part of this work element to clearly define the language of Ballot Initiative 200. The results of the updated legal/regulatory review will be used to assure the acceptable status of current strategies and to guide the identification of new strategies. Each of the previously accepted or eliminated strategies will be revisited, briefly, to confirm that the reasons for their inclusion or exclusion are still valid. This exercise will serve to reinforce the previous decisions and to educate new stakeholders. PSA 05/01 2 B.2. Trucking Industry Workshop Once the NRBS recommendations from the previous study are reconfirmed internally, a workshop will be conducted with various interests from the trucking industry. The purpose of the workshop will be to reconvene the affected interests and agencies, discuss this phase of the project, validate existing assumptions regarding the updated list of potential strategies for implementation, and discuss the potential for collaborating with the trucking industry regarding ongoing enforcement and education workshops. The Colorado Motor Carriers Association will be contacted and asked to host the meeting and assist with developing the list of invitees. Representatives from the Wyoming and Colorado Departments of Transportation, Federal regulatory agencies, Wyoming Motor Carriers Association, local drivers and business owners, and other interests will be contacted to attend the meeting. The meeting will be conducted in a workshop format to facilitate open dialogue and exchange of ideas. Work Element 2 Meetings and Deliverables Meetings • Trucking Industry Workshop Deliverables • Updated List of Potential Strategies • Meeting Notes • Meeting Exhibits C. Work Element 3 - NRBS Refinement Potential NRBSs will be refined based on input from the various project stakeholders including the TAC and trucking industry representatives. Additional research in this area will be necessary, and will include data collection on existing trucking habits, including compiling data on I-25 and I-80 truck traffic volume. New strategies will be considered and previous strategies may be expanded. This process includes strategy development, fatal flaw screening, strategy refinement, and comparative screening. Two aspects will be considered: strategies that affect route decisions and strategies that affect behavior. • Affecting Truck Routes. Examples of strategies that affect routing decisions include researching and advertising the relative safety benefits of the Interstate route. Another area of research that may interest trucking companies is the relative reliability of each route. For instance, what is the relative likelihood that congestion will significantly increase the travel time on each route? Yet another area that may provide ideas for affecting routing decisions includes drivers' hours of service regulations. We will research the impacts that changes in drivers' hours of service rules will have on route selection strategies used by trucking companies. Revised rules may increase the importance of time savings compared to distance savings by providing opportunities to complete a route(s) within a given time period, versus having to stop and rest, or completing fewer trips. PSA 05/01 3