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R2005-0058 03-28-05 RESOLUTION NO. R2005-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH GC ENGINEERS FOR TRANSPORTATION MODELING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and GC Engineers, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with GC Engineers, for transportation modeling services. PASSED, APPROVED and ADOPTED thisthe 28th dayof Mar'ch , A.D.,2005. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES Exhibit "A" Resolution 2005-58 This Contract (Contract)' is made between the City of Pearland, Texas (hereinafter "City"), and GC Engineers (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Description of Project: Provide Transportation Model for the Transportation portion of the CIP. Engineer/Subconsultant(s) Fee Basis of Compensation GC Engineers $83,023.20 Lump Sum Maximum Contract Amount $83,023.20 Lump Sum * All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Attachments: Scope of Services - Exhibit A 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation shall be one of the following methods: 1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval. 2. Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3. Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit). The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer. 4. Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited' scope and complexity. 5. Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services; and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual Iow bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one-half percent (1/2%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Insurance. A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B. The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 10. Law Governinq and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11. Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 12. Conflicts in Contract Documents. The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE as of the ,~0~' day of ,200.5 CITY OF PEARLAND By: , ~ Printed Name: Bil'I Fi sen Title: Ci ty Manager ENGINEER Printed Name: Title: STATE OF TEXAS § COUNTY OF ~ ~ f'.~ ~-,,> ,' , ,~.- § BEFORE ME, the undersigned Notary Public, on this day personally appeared "~,'i/ ~'3 ,~-,,-- , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIV/~N UNDER MY HAND AND SEAL OF OFFICE THIS ,,~ DAY OF '-¢')~,¢,-,J-, , A.D., 20 ..... ....... ~.; NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: '-2-'-,, /.< My Commission Expires: STATE OF TEXAS § COUNTY OF ~(©I'"'O,,Z6E (;',.-~ § · BEFORE ME, the undersigned Notary Public, on this day personally appeared C~ kc.,,, 4' C ~.=g',"'~i~-' c~ , known to me to be the person whose name is subscribed to the foregoing instrumen't and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS q ld.~ DAY OF J--~Crij , A.D., 20 6~ JULY 05, 2008 NOTARY PgBLIC IN AND'FOR THE STATE OF TEXAS Printed Name: /~/~¢1¢.{¢, My Commission Expire~.' '?- City of Pearland Travel Demand Forecast Model Scope of Work Task 1. Network Building The City of Pearland network will be built with the 2000 Census TigerLine files or other appropriate GIS platform. These files are in the latitude/longitude coordinate system that will used by the TransCAD software program that will serve as the demand model platform. The TransCAD system is the same system currently being used by the Houston Galveston Area Council (HGAC). In addition to the TigerLine files, the HGAC network file will be incorporated into the City's network. The network speeds, capacities, number of lanes, and functional classification will be imported from the existing TransCAD files and used to update the Census TigerLine files. The coding of one-way roads, highways, and ramps will be checked. A number of network checks will also be performed (such as network connectivity) and attribute consistency. Inconsistencies and errors will be corrected. Task 2. Internal Traffic Analysis Zone Building The TransCAD software is designed to allow a data layer of zone boundary information to overlay the highway network. Thus the analyst can readily see how the network and zone structure relate. In TransCAD the land use information is kept as attribute data in the zone boundary file. Trip generation data is also kept in the same data file. For this study, the household, population, and auto availability data will coded into the TransCAD model using 2000 Census information. Based on a review by city planning staff, the consultant will update the demographic information data base. Employment data will be imported from the existing HGAC model. Using TransCAD's GIS tools, the employment data will be reviewed by city staff and, based on their comments, will be updated by the consultant. Task 3. External Traffic Analysis Zone Building An external traffic analysis zone(TAZ) is a TAZ located at the fringe of the model. Unlike an internal zone, which represents a specific bounded area, an external zone simply represents a point entry into the modeled area. External stations will be located to be consistent with the HGAC existing model and network. The external trips for the Pearland model will be based on the trip outputs for the external stations that correspond to the HGAC's nodes. External trips will be based City of Pearland Travel Demand Forecast Model Page 1 of 3 P-005-004 on the HGAC's trip assignment process. The new model for the City will then add the internal trips to the external trips to develop the total trips. Task 4. Trip Generation The trip generation models will be based on the existing model set used by the HGAC modeling system. The trip generation process will be developed in TransCAD to allow for easy expansion as more reliable employment and demographic information becomes available. The existing trip generation rates will be evaluated and modified to reflect an accurate forecast for the City's trip productions and attractions. The consultant will also add special generators such as hospitals, regional malls, schools that have unique trip generation characteristics to the modeling system developed for the City. Approximately 10-20 special generators will be identified and uniquely treated in the trip generation process. These special generators will be identified and included in the TAZ data layer. Task 5. Trip Distribution The most common method for trip distribution is the gravity model and will be used for this project. For each trip purpose a gravity model distribution will be developed. In addition, trip distribution of external-internal and external-external will also be developed. Trips involving an external station will be vehicle trips since the external trip generation is based on traffic volumes. For internal zones, trip generation will be based on person trips. Task 6. Mode Split The mode split step will be used to convert auto person trips to vehicle trips. This conversion will be performed using parameters as defined in various Transportation Research Board report data. Task 7. Traffic Assignment Traffic assignment will be performed using the equilibrium assignment procedures contained in the TransCAD package. The assignment will be performed for three time periods: average weekday AM peak hour, average weekday PM peak hour, and average weekday daily traffic. Task 8. Developing GISDK Script Batch Files and User Interface Since there are many model parameters which must be set, the model will be set up in batch mode. Batch mode allows the user to code all of the parameters into a job stream. This procedure will provide the City the option of having City staff run the model set City of Pearland Travel Demand Forecast Model Paoe 2 P-005-004 ~d .~ without assistance from the consultant. This will also insure that assignment variations are the result of intentional network modifications and not the result of user parameter setting inconsistencies. The batch job will allow the user to simply select the desired highway and TAZ data files and then the batch job will run each model step and update all the appropriate model files. The batch files will be set up into a user interface. The user interface will present the user with a menu. The user navigates through the menu and may either run the entire batch job, or run any individual step. Task 9. Calibration The consultant will calibrate the model by focusing on a comparison between the model output and observed traffic count data. In the calibration process, the individual link volumes will be examined as well as counts grouped by roadway functional classification and area types. Network screen and cut lines will also be examined. FHWA model calibration criteria will be used to judge the adequacy of the calibration effort. Task 10. Future Land Uses A 2025 future land use scenario will be developed through a cooperative effort with City staff. Future land uses may consider additional special generators. Task 11. Future Network Characteristics Working with county, TxDOT, and the City staff, a list of highway network improvement projects likely to be completed will be compiled. These projects will be coded into the highway network. Task 13. Base and Future Year Model Comparison The consultant will prepare tables and graphics showing a comparison between the base and future year traffic volumes. This volume comparison will have many uses including an additional validation check. Basically a comparison can be made between land use change and traffic growth. The volume comparison will also help with regional transportation and land use planning. Task 14. Prepare Report The results of this model development will be summarized in a report. The report will also provide instruction on how to install and run the model as well as providing recommendations on continued model refinements and maintenance. City of Pearland Travel Demand Forecast Model Page 3 of 3 P-005-004 City of Pearland Travel Demand Forecast Model GC Engineering, Inc. Project Budget Labor Labor Category Hours Project Manager 236 Senior Transportation Planner 168 Transportation Planner 340 Technician 40 Billing Rate Total (See Note 1) $ 127.88 $ 30,180.77 $ 115.77 $ 19,449.23 $ 91.98 $ 31,273.20 $ 28.00 $ 1,120.00 Subtotal Labor $ 82,023.20 Other Direct Costs (Printing, Production, Etc.) $ 1,000.00 Total Project Cost $ 83,023.20 Note 1 Billing rate is 2.8 times the direct labor, including a overhead rate of 155% and a profit of 10%.