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HomeMy WebLinkAboutReso 1990-579 - Addendum to Agreement for a Redding Urban Area Transportation Study ill • RESOLUTION NO. 9'0-577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ADDENDUM TO AGREEMENT BETWEEN THE CITY OF REDDING, DKS ASSOCIATES, AND THE SHASTA COUNTY REGIONAL TRANSPORTATION PLANNING AGENCY FOR A REDDING URBAN AREA TRANSPORTATION STUDY. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Addendum to Agreement between the City of Redding, DKS Associates, and the Shasta County Regional Transportation Planning Agency outlining their services for completing a Traffic Study of the Urban Area of the City of Redding and surrounding area utilizing a microcomputer traffic model to be developed by the Consultant, a true copy of which Addendum to Agreement is attached hereto and incorporated herein by reference; and 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Addendum to Agreement on behalf of the City Council of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 4th day of December , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bu_ffum ABSTAIN: COUNCIL MEMBERS: N1171 MIKE DAHL, Vice Mayor �`' i City of Redding I ATTEST: FORM APPROVED: . ,l eee...ia72,2-6, ETHEL A. NICHOLS, City Clerk R DALL A. HA S, ity Attorney • ADDENDUM TO AGREEMENT REDDING URBAN AREA TRANSPORTATION STUDY (DRS Associates) THIS ADDENDUM to the agreement for Consultant Services between the CITY OF REDDING (hereinafter "City" ) , and DKS Associates (herein- after "Consultant" ) , dated June 5, 1990, is made and entered by and between the parties named above and the SHASTA COUNTY REGIONAL TRANSPORTATION PLANNING AGENCY (hereinafter "Shasta RTPA" ) for the purpose of expanding the scope of the Urban Area Transportation Study and including in the Agreement the additional assurances required by the Federal Highway Administration. WITNESSETH: The parties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY CONSULTANT. In addition to the services described in the above referenced Agreement, Consultant agrees to perform in a manner satisfactory to Shasta RTPA those additional tasks described in Consultant ' s letter proposal, Exhibit A, attached hereto and incorporated herein by this reference as if fully set forth. 2 . COMPENSATION. For services performed pursuant to this addendum, Shasta RTPA agrees to pay and Consultant agrees to accept, as payment in full , a fixed price amount of $59 ,500 as detailed in the budget sheet attached as Exhibit B. Payment and invoicing terms shall be in accordance with the agreement dated June 5, 1990. The Consultant and Shasta RTPA agree that no liability for payment accrues to City by virtue of this addendum to its June 5, 1990 agreement. For services performed pursuant to this addendum, City agrees to administer the payment to Consultant, a payment in full of $59 ,500 , hereinafter referred to as Fixed Price Ceiling . Shasta RTPA agrees to reimburse City $59, 500 in accordance with the 1990-91 Overall Work Program, as amended through September 25, 1990 . A. Adjustment to Fixed Price Ceiling: 1 . Adjustment of the Fixed Price Ceiling will be per- mitted only when all parties are in agreement that there has been or is to be a significant change in: a. Scope , complexity, or character of the services to be performed; or 1 • b. Conditions under which the work is required to be performed; or c . Duration of work if the change from the time period specified in the Agreement for comple- tion of the work warrants such adjustment. 2 . Consultant has estimated the cost of completing each task that comprises the project, as set forth in Exhibit A. The City shall not be obligated to pay consultant an amount in excess of the estimated cost to complete each task . Should, at any time, Consultant have reason to believe that the cost for completing any task will exceed the estimated cost of that task , Consultant shall notify City and RTPA in writing to this effect. Upon receipt of such notification, City, RTPA and Consultant shall revise the project budget and/or scope of work . B. Monthly Compensation. Consultant shall be reimbursed monthly no later than thirty (30) days following submission of a written, verified billing to the City Public Works Director or his authorized representative . A service charge of the lesser of 1-1/4 percent or the maximum allowable by law will be assessed on all billings not paid when due . Said billing shall indicate the percentage of work complete by task to the date of such billing, the total amount invoiced to date, and the amount due at such billing. City shall cause payment to be made to Consultant for the amount billed , but not in excess of 90 percent of the Fixed Price Ceiling. The 10 percent balance of Consultant ' s compensation shall be payable upon completion of the project . 3 . DEBARMENT AND SUSPENSION CERTIFICATION. Consultant shall submit a Debarment and Suspension Certification, Exhibit C, in accordance with Title 49, Code of Federal Regulations, Part 29 . 4 . INDEMNIFICATION AND INSURANCE A. The Consultant shall indemnify, defend Shasta RTPA, Caltrans, and FHWA, their officers , employees , and agents from any and all loss, damage , liability, claim or cause of action of every nature whatsoever for damage to or destruction of property, including the property of Shasta RTPA, Caltrans, or FHWA, or for injury to or death of persons, including the agents, officers, employees of Shasta RTPA, Caltrans, or FHWA, which may arise out of any negligent act, error or omission of the Consultant, its officers, employees, or agents, provided, however , that the Consultant shall have no such obligations to any 2 a • indemnity with respect to such of the foregoing as are caused by any act or omission of Shasta RTPA, Caltrans, or FHWA, their officers , employees, or agents. B. At all times during the term of this Agreement, the Consultant, at its sole cost and expense, shall maintain the following: 1 . The Consultant shall provide and maintain in full force and effect while operating under the terms of this agreement, a comprehensive liability policy or evidence of self-insurance which shall include bodily injury, automobile liability and property damage coverage. The minimum limits for this coverage shall be $500, 000 per occurrence and in the aggregate. 2 . The Consultant shall provide and maintain in full force and effect while operating under the terms of this Addendum, a workers ' compensation insurance and employer ' s liability policy. 3 . The Consultant agrees to complete and file a Certificate of Insurance with Shasta RTPA prior to approval of this Addendum. Said Certificate will name Shasta RTPA, its officers, agents and/or employees as additional insureds and will provide for thirty (30) days prior written notice by the Consultant' s insurance company to Shasta RTPA in the event of cancellation . 5 . EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION. Consultant shall comply with Title VI of the Civil Rights Act of 1964 , as amended, and with the provisions contained in 49 CFR 21 through Appendix C and 23 CFR 710. 405 (b) . During the performance of this contract, the Consultant , for itself, its assignees and successors in interest, agrees as follows: A. Compliance with Regulations: The Consultant shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Trans- portation (hereinafter , "DOT" ) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations) , which are herein incorporated by reference and made a part of this Addendum. B. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race , religion, color , sex, age or national origin in the selection or retention of subcontractors , including procurements of materials 3 411 and leases of equipment. The consultant shall not parti- cipate either directly or indirectly in the discrimina- tion prohibited by Section 21. 5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontractors, including Procurement of Materials and Equipment : In all solicitations either by competitive bidding or negotiations made by the Consultant for work to be performed under a subcontract , including procurements of materials or leases of equip- ment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant ' s obliga- tions under this contract , and the Regulations relative to nondiscrimination on the grounds of race, religion, color , sex, age or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Shasta RTPA or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such Regu- lations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this informa- tion, the Consultant shall so certify to Shasta RTPA, or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance : In the event of the Consultant ' s noncompliance with the nondiscrimination provisions of this Addendum, Shasta RTPA shall impose such sanctions as it or the Federal Highway Administra- tion may determine to be appropriate, including , but not limited to: 1 . Withholding of payments to the Consultant under this contract until the Consultant complies, and/or 2. Cancellation, termination or suspension of the contract , in whole or in part. F . Incorporation of Provisions: The Consultant shall include the provisions of Paragraphs (A) through (F) of this contract term in every subcontract , including procurements of materials and leases of equipment, unless exempt from the regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as Shasta 4 411 111 RTPA or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance . However, in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request Shasta RTPA to enter into such litigation to protect the interest of Shasta RTPA, and in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States . 6. NOTICE Any notice or notices required or permitted to be given pursuant to this Addendum may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses: SHASTA RTPA: Richard W. Curry, Executive Officer Shasta County Regional Transportation Planning Agency 1855 Placer Street Redding, California 96001 CONSULTANT: DKS Associates , a California Corporation 1225 8th Street, Suite 260 Sacramento, CA 95814 Attention: John P. Long IN WITNESS WHEREOF, the Shasta County Regional Transportation Planning Agency, City of Redding and DKS ° .ociates have e . -cuted this Addendum. ),,.. (-,\, „it, A, , _..„, Consultan Signature /�nasta RTP ignature eil..vw44.1 Executive Officer Title Title City of Redding Signature FORM APPROVED Title CITY LEG-AD �°a 5 • • .SKS / � J_ n Assoc:1ates _ _ n7 t _�?57. .uUAn1Ur110 1,/ �.:;iq pnc (916).•;•.'% .!;;L .- . r lune 1 1, 199'0 Richard Curry Executive Officer Shasta County Regional Transportation Planning Agency (MPO) 1355 Placer Street Redding, California 96001 Subject: lcxprn)sion of Redding Traffic Model A 90;x:9;S-O1./SA. Dear ivir. Curr,': S h As requested, DKS has ;prepared this letter proposal to incorporate theIroma nder:g forGoC out ;:er.tral Shasta County Into the travel demand mock-. we are , y of Redding. in preparing our proposed budget for this work, we have separated the costs for including the City 01 Anderson from the costs of including the unincorporated area of South Central Shasta County so that the County and the City of Anderson can make separate decisions on pe.rfor;ning this work. in general, our work scope would involve expanding the City of Redding's travel demand model so that it can provide detailed traffic forecasts on the areas' major roadway system (Freeway, ll! arterials and major collectors) within the City of Anderson ansa/or the remainder of Central Shasta County. While the City of Redding's traffic model will include some of Shasta County that is outside of its city limits, the level of detail in the model's rood',,';11' nerv'o:k, the refinement land use data, and level of model calibration outside:: the. Redding city limits will !rot be ref fined as than within the city limits. In addition to the model expansion, we \\wOl.11d develop One tralllic IOrcmusts��'ority each r h of twO future ':cena!rios (year 2000 and 2010) based on land use data provided by the ) id/or Shama County. Unlike our contract with the City of l:cddine, \wc: would not clevc:lop the Our cc)ntract •."ilh the (;il\, i�,lturc: roast\.ar, needs and phasing based on these traffic forecasts, t, '.viih In City ;)i i'_eddinr, also calls for us to install the 'tuff NNU.. I? softwarr on their compute. )!roposa:l dor Shasta C-ounty arid the City of. Anderson, we assumed than `ve would n!)t. provide . .'ll\vaIY.'.. w':irk scop:: is Wised on ourcurrent. and :,:;lall;�_!!::'� oI your reCci:.. I�1'•''CA'C! Or! � l � i rl a? lenE'-Irlil�:: (i ion I)imnir)g IJi'ole;ct then:: alts urine elc:nc.1;tslaiclucle(d 1,1 ! _5_ T • • Richard Curl)' June 11, 1990 Page 2 a work program. Therefore, we are open to discussing ways of adding or subtracting elements to meet your specific planning issues. Our proposed work scope Is as follows: 'lash 1: %one: System DKS Associates s,'ill review the zone systems used in the Caltrans traffic model with the County staff to determine if additional traffic analysis zones (TAZ's) are required. It is likely that additional zones will be needed in certain growth areas. The City of. Anderson has developed its own zone system for their "Street and Highway Planning Study". This zone system will likely be adequate, but will also be reviewed by DKS. This task will result in a revised set of TAZ's for the expanded model. Task 2: Land Use The County and/or the City of Anderson will have the responsibility for developing the land use assumptions for 1990, 2000 and 2010. The land use input will be compatible with that used for the Redding traffic [node!. That is for each of the TA.l's defined in task I, the residential r'r dwelling units by type and non-residential employment or square footage h)' type `office, Industrial and commercial uses) must be identified. DKS will take (his land use input and incorporate it into the land use/trip generation spreadsheet t)iY1C:'Ss that will be developed as part of the Redding traffic model; thereby expanding this kind use/trip generation tool for USC in a lai'ncr area. Task 3: 1\letwornss DKS Associates %vill expand its detailed netw•','ork for the Redding traffic model to cover the arterial/Co!IC.C'.tr;l :o;idv,'ay rn'slein of South Central Shasta Co1-int'. An existing (1.990) network . Will he dC'.`•'i-ll ;a .' iIISI lie n?o(lud (Icvcfol)IIoit and (:illihi ntl',: ! HCII iinC. )''e:ii 2000 iiCt";Ui'it yr. l 'tn';1;: ..'ill he ticvci;.)pc(1 -Ince ll :ll:l ,ll::. !1 staff On iu . '.l ilnd one :_H ,-,,, - of long-r mftC'. lorucilstS. 'l w;., 'a: i'_ioel(:i ;e vclo )Inci)t/t.sd:ttralion LiLe t.lc City L.tklint ' the. le dmne :;i`� CC.Illlll< corrlpaiIM!, 1 ( ( r.' _ e v;IroI1! incecl _ ! )l ti will uC :. !;i lid II'%cit:,, 1, I) I� iltlon ,.I ;III a! s IIt) )tl� loo i 1('0 count:; i!I)CI C)tltC- trn(eC! j1;It:C:1l):,. EXHIBIT A • • • Richard Curry June 11, 1990 Page. 3 "Task 5: Prepare Traffic f=orecasts ` v,,0 future year model runs (years 2000 and 2010) will be conducted to establish a set of base future traffic forecast conditions. The traffic I.orecasls will be documented and model output (1 e. computer data tiles) provided lot these model runs. Task 6: Staff Training As part of the Redding traffic model development, DKS Associates will be providing city stall with three days of training. Shasta County and/or City of Anderson staff: could also be trained or they could utilize City of .Redding stall (or consultants) to run the expanded traffic model for them. This training would require additional time by DKS staff so that the Redding staff obtains the three full days of training on their model that DKS Associates isclonftrracted or tsto pprovide. For budgetary purposes, we have assumed three days of training a County and/or the City of Anderson. These hero staffs could, however, combine their training time and cut the total training budget in half. Our estimated budget for the above tasks is provided in ".fable 1. Again, DKS Associates sso'cia esy is open to discuss alternative work programs that would meet Shasta County's and Anderson's specific needs. 7 hope that this letter proposal adequately defines the scope and cost of the work that we have discussed with you. Should you have any questions on this matter, please call no Sincerely, DKS ASSOCIATES A California Corporation J .John P. Long, P.E. P incipal cc: ( iry f_.ighthall, City of P,ac!c:rsc n Dow!, ,', ,ll, C_.Il)' 01 EXHIBIT A Richard Curry June 11, 1990 Page 4 Table 1 Proposed Budget Shasta County City of Anderson Person Hours Person Hours Task Engineers Support Costl Engineers Support Cost' 1. Zone System 16 4 81,600 8 4 81,000 2. Land Use 40 8 4,000 24 8 2,500 3. Networks 40 8 4,000 24 8 2,500 4. Calibration 120 40 12,800 80 7.6 8,000 5. Traffic Forecasts 80 16 8,000 60 7.2 6,000 6. Staff Training 48 8 4,500 48 8 4.500 Total 344 84 834,900 244 56 S24,500 1. Included other direct costs (travel, phone, computer, etc.) EXHIBIT A • •• DKS Associates TABLE 1 Contract Amendment Budget Consultant: DKS Associates Contract: Redding Urban Area 1956 Webster Street Transportation Study Oakland, California 94612 (415) 763-2061 Contact: Direct Labor and Fringe Benefits • Regular Hourly Name Function Hours Rate Total J. Long Project Manager 100 $35.82 $3,582 J. Gibb Engineer 320 21.63 6,921 D. Melis Engineer 390 12.99 5,066 Tech H Technician 72 17.17 1,236 Tech G Technician 120 15.34 1,841 1,002 $18,646 Fringe Benefits (on Direct Labor) 44% $8,204 Total Fringe Benefits $8,204 Overhead (on Direct Labor & Fringe Benefits) 86% $23,091 "Total Overhead $23,091 Direct Costs Computer $3,600 Postage/Delivery 50 Telephone (long distance) 200 Travel _— 300 "Total Other Costs $4,150 Fixed Fee $5,409 TOTAL CONTRACT AMENDMENT COSTS $59,500 AO325006.46/SA ESI B • f • TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgment rendered against it by a coyrt of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptionsin the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of actions. —‘' e "L7- (Consul nt Date l 1'rz f o EXHIBIT C