HomeMy WebLinkAboutContract for Services with The Hudson Company for Transportation Management Plan Hudson
CONTRACT for Services
By and Between the City of Meridian and The Hudson Company
for a
Transportation Management Plan
THIS CONTRACT is made this 1st day of August, 2004, by and between the City of Meridian, 10,
(hereinafter referred to as "CLlENT"), whose mailing address is 33 East Idaho Ave, Meridian, 10
83642, and THE HUDSON COMPANY (herein referred to as "CONSUL TANT"), whose mailing address
is P.O. Box 8645, Moscow, Idaho 83843, a professional services corporation existing under and by
virtue of the iaws of the State of Idaho.
The parties mutually agree as follows:
1. REQUIRED WORK. The CONSULTANT shali perform the services specified in SCOPE OF
WORK set forth in ATTACHMENT 1 to this CONTRACT, in accordance with terms and conditions as
defined herein. Deliverables to be produced by CONSULTANT in performance of the SCOPE OF
WORK are set forth in ATTACHMENT 1. ATTACHMENT 2 defines modeling tools to be used by
CONSULTANT in carrying out the SCOPE OF WORK. ATTACHMENT 3 defines an addition to the
SCOPE OF WORK. Section 5 of ATTACHMENT 4, CONSULTANT'S original proposal, provides
details on the means by which the SCOPE OF WORK will be implemented. Monthly progress reports
will be made to the CLIENT's liaison person.
2. COMPENSATION FOR SERVICES. CLIENT in full consideration of the service to be
performed under this CONTRACT, agrees to pay CONSULTANT $87,224 for professional services and
a sum not to exceed $8,295 for expenses (per ATTACHMENT 5), for a total not to exceed $95,519.
CONSULTANT will be responsible for submitting monthiy invoices for fees and expenses
undertaken during the previous month. Mileage will be billed at $.375 per mile; per diem wiil be biiled at
$30 per day. Airfare, accommodations and rental cars will be billed at cost. The CLIENT will make
payments promptly to CONSULTANT based on monthly invoices and in accordance with the foliowing
schedule:
Execution of CONTRACT
Monthly Billings
20% (Of Total Fees and Expenses)
Percentage of Completion, Up to 80% (Of Total Fees and
Expenses)
20% (OfTotal Fees and Expenses)
Acceptance of Final Report
Contract for Services, Page 1 of 9
By mutual written agreement, the CONTRACT may be amended from time to time to include
additional planning services and fees as may be needed to pursue the primary purposes of the
CONTRACT, planning and improvements for Downtown Meridian's circulation system and economic
development.
3. PERFORMANCE SCHEDULE. Unless otherwise specified in writing, all work shali begin with a
formal written notice to proceed and be completed within one hundred eighty (180) days from said
notice. CONSULTANT will provide the CLIENT a monthly progress report and invoice for work
completed. Invoices will specify percentage of completion of the SCOPE OF WORK.
The Consultant Project Manager (PM) for this project is Tom Hudson, who is available by email at
thudson@thehudsonco.com and by phone at (208) 883-2890. PM will serve as liaison for The Hudson
Company and shall ensure work is completed on time using appropriate project management tools.
CONSULTANT shail maintain high quality standards, positive working relationships among the client
team, and work with the public using principles of good client relations.
Should the CLIENT have any concerns about the quality or progress of work, the CLIENT will provide a
written notice to this effect, including specific concerns and recommendations for remedy. Absence of
such a written notice sent within two weeks of receipt of the progress reports will indicate the CLIENT'S
satisfaction with quality and progress of work to date. Should additional work be authorized by the
CLIENT, the CLIENT and CONSULTANT will review the time schedule and jointly agree upon a
completion date.
4. CONFLICT OF INTEREST. The CONSULTANT covenants that it presently has no interest and
shall not acquire an interest directly or indirectly which will, in the determination of the CLIENT, conflict
in any manner or degree with the performance of its services hereunder.
5. INDEMNIFICATION AND INSURANCE. The CONSULTANT shall protect, indemnify, and save
the CLIENT harmless from and against any damage, cost or liability, including reasonable attorney's
fees for any or all injuries to persons or property or claims for money damages arising from acts or
omissions of CONSULTANT, its employees, or subcontractors, however caused. The CLIENT will
save the CONSULTANT harmless from and against any damages, cost or iiabiiity, including reasonabie
attorney's fees for any or all injuries to persons or property or claims for money damages arising from
acts or omissions of CLIENT, their employees, or subcontractors, however caused.
Contract for Services, Page 2 of 9
6. CONTRACT RELATIONSHIP. It is distinctly and particularly understood that the
CONSULTANT is an independent contractor in the performance of each and every part of this
CONTRACT. The CONSULTANT is not an employee of the CLIENT and will perform all services free
from supervision, direction or control of the CLIENT.
7. LIABILITY. The CONSULTANT shall exonerate, indemnify and hold the CLIENT harmless from
and against and assume full responsibility for payment of all federal, state, and local taxes or
contribution imposed or required under unemployment insurance, social security, workers
compensations, and income tax laws with respect to CONSULTANT'S employees engaged in the
performance of this CONTRACT. The CONSULTANT will be responsible for maintaining worker's
compensation insurance and will provide certificate of same, if required. The CLIENT will not assume
liability as an employer.
8. WORKER'S COMPENSATION INSURANCE. CONSULTANT shall maintain during the life of
this CONTRACT, Worker's Compensation Insurance for all of CONSULTANT employees performing
work on this project and in case of any work that is sublet, CONSULTANT shali require any
subcontractor, similarly, to provide Worker's Compensation Insurance for all the latter's empioyees as
specified by Idaho law unless such employees are covered by the protection afforded by the
CONSULTANT. In case any class of employees engaged in work under this CONTRACT is not
protected under Worker's Compensation statutes, CONSULTANT shail provide and shail cause such
subcontractor to provide compensation insurance in an amount equal to that provided by the Worker's
Compensation statute for the protection for subcontractor's employees not otherwise protected.
9. NOTICES. Any and all notices required to be given by either of the parties hereto, uniess
otherwise stated in this CONTRACT, shall be in writing and be deemed communicated when maiied in
the United States mail, certified, return receipt request, addressed as followed:
Mayor Tammy de Weerd (or designee)
City of Meridian, Idaho
33 East Idaho Ave
Meridian, Idaho 83642
(and)
Tom Hudson, Principal and Project Manager
THE HUDSON COMPANY
P. O. Box 8645
Moscow, Idaho 83843
Contract for Services, Page 3 of 9
Either party may change their address for the purpose of this paragraph by giving written notice of such
change to the either in the manner herein provided.
10. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of
the essence with respect to each and every term, condition, and provision hereof, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach of and a defauit under this
CONTRACT by the party so failing to perform. Should the parties determine mutualiy that the timeiine
for services under this CONTRACT needs to be amended, amendment to the CONTRACT'S timeline
and duration must be agreed to in writing by both parties.
11. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this CONTRACT except upon the prior expressed written consent of CLIENT.
12. PUBLICATION, REPRODUCTION AND USE OF MATERIAL. All material produced in whole
or in part under this contact shall be the exclusive property of the CLIENT.
13. RELEASE OF INFORMATION. CONSULTANT will work with the media, under supervision of
CLIENT, to distribute public information about the project. Such information may include progress
updates, meeting notices, and results from the planning process.
14. COMPLIANCE WITH LAWS. In performing the scope of services required hereunder,
CONSULTANT and CLIENT shall comply with all applicable laws, ordinances, and codes of federal and
state governments.
15. FAILURE TO PERFORM. Upon any substantial failure to perform this agreement by either
party, the other party shail be entitled to the following remedy:
a. Stop performing or accepting performance of the CONTRACT until the matter is
resolved.
b. Where appropriate, obtain completion of the performance of the remaining balance of
the CONTRACT with the original party. Upon discovery of the problem or defect, mail a written
description of it to the other party, and:
1. If the defect can be cured, demand specific remedial action within a specified
reasonable time, or
Contract for Services, Page 4 of 9
2.
If the defect cannot be cured, specify any alternative performance which would
be acceptable in lieu of the required performance and a specified time within
which the alternative performance would be required; or
If the defect cannot be cured and no alternative performance is acceptable, the
other party shall thereupon have the right to terminate this CONTRACT by giving
written notice to the party-in-violation of such termination and specifying the
effective date thereof at least fifteen (15) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, maps,
studies, surveys, drawings, models, photographs and reports prepared by
CONSULTANT under this CONTRACT shall, at the option of the CLIENT,
become its property, and CONSULTANT shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
3.
16. DESIGNATED PROJECT MANAGER: The CONSULTANT acknowledges that Tom Hudson is
designated as the project manager and principai-in-charge for the project with the primary responsibility
for ensuring that all duties are performed under this contract for the CLIENT. If for any reason Tom
Hudson ceases to continue as the project manager and principal-in-charge for the project, this contract
shall immediately be terminated and become null and void.
17.
ENTIRE CONTRACT. This CONTRACT, and exhibits attached hereto, contain the entire
agreement of the parties and supersedes any and all other agreements or understandings, oral or
written, whether previous to the execution hereof or contemporaneous herewith.
18. APPLICABLE LAW. This CONTRACT shall be governed by, construed and enforced in
accordance with the laws of the State of Idaho.
IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this CONTRACT the day
and year first
n, Idaho
BY Tammy de Weerd
Mayor
City of Meridian
Tom Hudson, Principal and Owner
The Hudson Company
Contract for Services, Page 5 of 9
Attachment 1 - SCOPE of WORK Services & Deliverables, Part 1 of 2 Parts
The Transportation Management Plan project will be completed in six months, subject to availability of
the Steering Committee and City Council to meet, provide input and make decisions per the process
outline in this proposal. CONSULTANT will complete the Scope of Work listed in two parts within this
contract, and adhere to the approach detailed in Section 5 of the CONSULTANT's proposal, included
here as Attachment 4.
Phase
Step
Action
1 Organize
A With Client, Set Transportation Management Priorities
I. City Leaders/Staff Workshop
Introduce process, team, protocols, info needs
Establish and prioritize goals and objectives
Finalize study area
Finalize public outreach goals, process, schedule
Establish steering committee
Deliverable: Workshop Decisions Summary
B Collect Transportation Data
i. Planning Team visit to collect data, ima es, ma s, interviews
C Identify Regional Transportation Priorities, Goals, Projects
i. Meet with Regional Transportation Entities to Clarify Priorities
Meet with COMPASS, ACHD, iTD to exchange priorities
Establish communication rotocols
D Engage Public to Identify Transportation-Linked Concems, Options
I. Conduct introductory public meeting on transportation corridor
Deliverable: Summary of Public and Agencies' Inputs
2 Evaluate
A Evaluate Traffic Data
I. Assess existing circulation system, intersections
Use delay-based assessment of intersections
With City, establish methodology for evaluating roadway
segments, focusing on ratio of ADT to capacity.
Identify key opportunities & locations for system improvements.
Identify key problem locations, segments, and causes.
~.; Seek Steering Committee input on challenges & 0 tions.
~., B Identify Preliminary Major Traffic Movement Options
;' I. Identify Traffic Movement Alternatives (Up to Six).
:,,'.,,;,.,,',:'.', Prepare alternatives that address downtown priorities.
;. With Steering Committee, select 3 scenarios to be tested.
',; With key agencies, reviewlrefine alternatives.
II. Build Forecasting Assumptions, Criteria and Data Sets for Testing
III. Use COMPASS Transportation Model to Test the 3 Alternatives.
Iv. Prepare Multi-Criteria Evaluation Decision-Making Model
v. Prepare Summary Report of Findings from Model Tests.
~. vI. Conduct Steering Committee Worksho to Review Findings.
~ C Conduct Public Meeting to Present, Consider Findings.
# I. Engage Participants in Review of Evaluation; Seek Feedback.
. Conduct exercise to measure participants' own priorities.
Deliverables: Inventory of Transportation Data Collected;
Existing Conditions Summary Report;
Report: Comparison of 3 Transportation Management Alternatives;
Memorandum to City: Resu/ts of Public Meeting
Contract for Services, Page 6 of 9
Attachment 1 - SCOPE of WORK Services & Deliverables, Part 2 of 2 Parts
Phase
Step
Action
3 Refine Preferred Alternative
fIT1,," A With Client, Review Forecast, Options, Impacts, Recommendations
I!h:I I. Select Preferred Aiternative
B Prepare Preferred Alternative Plan (Powerpoint Format)
i. Prepare Plan in Powerpoint Format
ii. Workshop With Steering Committee, Refine Plan
~','..:,..:',. iil. Presentations to MDC & Council for Feedback, Refinement
'," iv. Presentations to Ke Agencies for Feedback, Refinement
> C Conduct Public Open House to Share Final Altemative Plan
I. Provide Cit with Feedback from 0 en House
D Prepare Final Written Report
I. Prepare Report; Forward to Steering Committee for Review
il. Steering Committee Review of Final Report
IiI. Make Necessa Revisions and Publish Final Re ort
Deliverables: Powerpoint Presentation of Plan;
Final Draft Plan
Final Plan
Plan View Graphics of:
Major Corridors. Over/ayon Aerial Photograph
Circulation System
Roadway Cross-sections (Typical for Each Roadway Section)
Base Map (on AutoCAD)
Major Intersection Treatments
Press Release
Contract for Services, Page 7 of 9
Attachment 2 - SOFTWARE MODELING TOOLS
For this project, CONSULTANT will utilize three primary traffic software tools as a part of the
CONTRACT to 1) screen altematives 2) analyze a single preferred alternative. The three software
tools include:
COMPASS model: As a part of the base contract, we are planning to utilize the COMPASS model
primarily for the purpose of forecasting future daily and peak hour traffic volumes for up to five (5)
circulation/land use alternatives within the downtown area. The COMPASS Model is intended for
looking at traffic conditions and pattems on a regional level and will provide some output that will be
used to screen alternatives.
SYNCHRO software: This traffic operations analysis software will be used to assist in differentiating
between up to five (5) circulation alternatives and associated peak hour traffic operations of up to ten
(10) signalized intersections. SYNCHRO looks at detailed intersection operations and provides output
related to level of service, vehicle delay, signal progression, etc.
SimTraffic software: This traffic operations/simulation software package provides for analysis at a more
detailed level along with outputting additional measures of effectiveness such as travel time, queuing,
the interactions between intersections, and visuai simulation. Visual simulation is particularly helpful in
presenting potentially complicated analysis resuits to a wide variety of audiences in a very clear and
concise manner. SimTraffic would be used to perform the detailed anaiysis and simulation of the
preferred alternative including up to ten (10) signalized intersections.
Contract for Services, Page 8 of 9
Attachment 3 -Addition to SCOPE OF WORK
Downtown Traffic Generation and Parking Demand Analysis, Current vs. Full Build-out: This
analysis would provide insight on traffic generated within the Project Area (bounded approximately
by Meridian Road, Cherry Lane, 6th East and 1-84). Tom Hudson wouid work with City staff to:
Establish working assumptions regarding future allowable densities in the Downtown.
City will be responsible for defining working assumptions on future densities and growth
rate. Hudson will assist in this effort.
Estimate current building square footages by land use
Establish current parking inventory by block, onstreet vs. ottstreet, and public vs. private.
Establish a simple model to estimate current traffic generation
Project future maximum build-out by square footage
Project future parking requirements at full build out, by subdistrict.
. Estimate future additional traffic generation from full build-out, for use by the Team in
projecting both circulation needs and parking demand.
CLIENT will provide current study area parking inventory by block, onstreet vs. ottstreet, and public
vs. private in tabular and graphic format to guide parking demand analysis.
Deliverable: Technical memorandum summarizing analysis, methods and projections and providing
an assessment of implications for circulation and parking planning.
Timing: Phase 1
Attachment 4 - Proposed Schedule & Approach section (pages 17-30) of PROPOSAL FOR
PROFESSIONAL SERVICES, Submitted June 11, 2004
Attachment 5 - SCOPE of WORK Expenses
Expenses, per the table below, will not exceed $8,295. (CONSULTANT reserves the option to drive to
Meridian rather than fly when conditions make driving more appropriate. In such events, mileage will
be charged at a rate of $.375 per mile. This will not result in an increase in expenses beyond the "wili
not exceed" amount of $8,295.)
¡Expense
Airfare
Rental car
Meals
Hotel
Cost I
$4,800
$1,200
$1,020
$1,275
$8,295
Contract for Services, Page 9 of 9
Page 1 of 1
Peggy Gardner
From: Steve Siddoway [siddowas@meridiancity.org]
Sent: Wednesday, August 18, 2004 10:46 AM
To: Peggy Gardner; Tammy de Weerd
Cc: 'Craig Hood'; 'Bruce Milis'; 'Joe Rosenlund'; 'Anna Canning'
Subject: Downtown Meridian Transportation Management Plan Contract
Peggy,
It is my understanding that the MOU with ACHD was approved by Council last night. Please coordinate with Mayor De Weerd to
sign and execute the contract for the Transportation Management Plan. A copy of the contract is attached.
Thank you for your help.
Steve
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