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1989-0822711L N0 b ~U AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JAS CONSULTANTS, INC FOR PROFESSIONAL ENGINEERING SERVICES REGARDING THE DEVELOPMENT AND APPLICATION OF A MICROCOMPUTER DEMAND FORECASTING AUTHORIZING SYSTEM, BASED TRAVEL EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATETHE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the ofy Denton and authorized Consultants,Incn agreement between the City for professional engineering services regarding the development and application of a microcomputer-based travel demand forecasting copyeof which is attaterms and ched hereto and made a part SECTION II That the City Council hereby authorizes the expenditure of funds not to exceed Seventy-Seven Thousand Four Hundred Sixty Dollars ($77,460 00) SECTION III That this ordinance shall become effective immediate its passage and approval PASSED AND APPROVED this the 62e7day of June, 1989 RAY STEP Ep , MA R ATTEST r J N ALTERS, C Y SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY nix, BY THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF DENTON AND JAS CONSULTANTS, INC COUNTY OF DENTON S IS AGREEMENT made, entered into and executed this Adc of , 1989, by and between the CITY OF DENTUN, TEXAS, herei fter called the "OWNER" and JAS CONSULTANTS, INC , hereinafter called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and in behalt of said ENGINEER WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows SECTION I EMPLOYMENT OF ENVINLER The OWNER agrees to employ agrees to perform professional the development and application demand forecasting system for tk such services, the OWNER agrees as stated herein the ENGINEER, and the ENGINEER engineering services related to of a microcomputer-based travel e City, and, for having rendered to pay the ENGINEER compensation SECTION II PERIOD OF SERVICE This AGREEMENT shall become effective upon execution by the OWNER and the ENGINEER, and shall conform to the following Project Schedule Engineer shall commence the Scope of Work set forth in Exhibit A within seven calendar months of the receipt of the during written shall complete itscserviceseis rset Engineer to forth in Exhibit B SECTION III SERVICES A Basic Services o Consultant will provide the requested services as defined in Exhibit A B Additional Services o Consultant will meet with city and/or NCTCOG staff whenever necessary in order to obtain information or to discuss progress if more than eight meetings and/or presentations are required for the city council, neighborhood, business, Planning and Zoning Commission, willghb upon and/or other groups, these a Owner's dditional work a activities approval, beyond will bScope sof rWork, and additional charges will be made o As requested and authorized, Consultant will perform additional aany nalyses during thecourse special al this studies Befohre beginning such services, the parties will mutually agree on the scope and estimated cost for the additional services Potential tasks that would over in this category include any alternative analyses identified, the cost and above those previously i estimation and/or feasibility analysis of the proposed improvements, the review of pending zoning cases or of an the site plans affecting nd of any 'other direct gexpenses reports, or the payme or for for NCTCOG labor and/or computer expenses, traffic counting SECTION IV RESPONSIBILITIES OF OWNER OWNER agrees to assist the ENGINEER by providing the following for each assignment A Designate in writing a person to act as OWNER's represen- tative with respect to the contracdte authordity to transmit instructions, receive information, and inter- pret and define OWNER's policies and decisions with respect to ENGINEER's services B Assist ENGINEER by placing at ENGINEER's disposal all available pertinent information including previous reports and any other data relative to the assignment of project, including 1 Existing traffic counts and limited new traffic counts PAGE 2 2 Thoroughfare and collector street maps, zoning maps, land use maps and working maps, 3 Access to City's copy of Transplan and Tracs, 4 Signalization data and closed loop system data, and 5 Population data, including population and land use forecasts for the city for 2010 SECTION V COMPENSATION The OWNER agrees to pay the ENGINEER for all professional services rendered under this Agreement in accordance with the following A The ENGINEER shall be paid a fee, not to exceed $77,460, based on the Schedule of Charges shown in Exhibit C B The ENGINEER may submit requests for payment based upon the amount of work completed Invoices will not be submitted more frequently than monthly SECTION VI NOTICES All notices, communications and reports required or permitted under this contract shall be personally delivered or mailed to the respective parties by depositing same in the U S mail, certified, return receipt requested, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party at the following addresses All notices shall be deemed delivered as of the date of the receipt if intended for City, to It intended for ENGINEER, to City of Denton Lloyd V Harrell, City Manager 215 E McKinney Denton, TX 76201 JAS Consultants Attn J Scherbarth 6360 LBJ Freeway, Suite 114 Dallas, Texas 75240 PAGE 3 SECTION VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments interest herein OENG WNER INEER shall may e retain an ownership and property such and retain copies for information and reference, however, documents are not intended or represented to be suitable for to Texas ENGINE Open RecordstAcdtsanddmustnlawfully than OWNER is Rsub3ect others provide all applicable records in its possession to the public upon proper request SECTION VIII INDEMNITY AGREEMENT its ENGINEER shall indemnify and save harmless the OWNER an OWNER of the officers, agents, and employees from the liability on account of any injuries or damages received or ourtsustained and any person or persons or property, including court proximately reasonable attorneys' fees incurred by the OWNER, p caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, performance of this Agreement SECTION IX ENGINEERING STANDARDS ENGINEER shall perform the services provided for in this Agreement consistent with the highest standards and code of ethics of the engineering profession SECTION X TERMINATION OF CONTRACT (3this Agreement may 0) days' written The obligation o party eupon under be terminated by either the other party to notice in the event of substantial failure by perform in accordance with the terms thereof thr ughino Agreement the terminating party The OWNER may NEER upon forty-five (45) days' termination, t ENGthe INEER Iw ll berpaid written notice reason In the event of any ny PAGE 4 for all services rendered and reimbursable expenses incurred to the date of termination SECTION XI SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party executors, Agreement and to the partners, successors, administrators respect of all covenants, agreements such and such other r party, ~ in Pec obligations of this Agreement Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limita- tion, moneys that may become due or moneys that are detothis Agreement without the written consent of the other, except the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge contained in this paragraph shall prevent ENGINEER from employing such and appropridatentonass st in the perfoormanceaofsserv Ec slhe eunderdeem Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party This Agreement and amendments thereto (consisting of pages 1 to 8 inclusive) constitutes the entire Agreement between OWNER and ENGINEER and supersedes all prior written or oral under- standings This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument SECTION XII ATTACHMENTS The following Attachments are appended to and made a part of this Agreement Exhibit A Scope of Work Exhibit B Schedule of Work Exhibit C Schedule of Costs PAGE 5 This contract is executed in two counterparts ATTEST CITY OF DENTON, TEXAS (OWNER) 9N SRS, CITY SECRETARY ATTEST 2711L BY RAY STEP N , MAY R JAS CONSULTANTS , INC (ENGINEER) BY /1/1 ~J J k Y A SCHERBAR H, AICP,P E PAGE 6 EXHIBIT A SCOPE OF SERVICES TASK I TASK II WORK PROGRAM DEFINITION Consultant will meet with city staft to identify data needs and sources and to formulate the basic assump- tions for variables in the transportation planning process These variables will include the base and horizon years for the travel demand modeling effort, thoroughfare capacities, design levels of service, and the regional transportation network assumptions Consultant will meet with the City and the North Central Texas Council of Governments (NCTCOG) staff to identify NCTCOG data resources needed for the project and to determine a procedure for requesting information from the NCTCOG and prepare a technical memorandum documenting the decisions of this task BASE YEAR MODEL DEVELOPMENT Using appropriate data from the NCTCOG, Consultant will- implement the TRANPLAN microcomputer-based travel demand forecasting system for the City of Denton This model will have the capability of evaluating alternative land use scenarios and transportation networks, and consequently provide the mechanism for determining which transportation improvements should be included in the Thoroughfare Plan and the Capital Improvements Program After installing the software and developing all appropriate command file programs, Consultant will obtain base year demographic data and regional model parameters such as trip generation rates, trip distribution characteristics, auto occupancy rates, and transit mode share from the NCTCOG Consultant wfocus" the regional network zone will system to conform to the limits of TRANPLAN and thereby provide sufficient detail for Owner and the surrounding area of influence With the owner's input and review, Consultant will traffic survey zone strrefine the local ucture the demographic data tor input to the modeld The base year model network will be updated, as required, to accurately reflect the location and attributes of the existing thoroughfare and freeway system, as well as all zone loadings PAGE 7 Upon receipt of all essential data, Consultant will calibrate the model parameters to approximate base year traffic volumes TRANPLAN model outputs relative to trip generation, trip distribution, and traffic assignment will also be compared with those of the NCTCOG Main Frame system to ensure consistency in the process Prior to each subsequent traffic assignment, model parameters and network the attributes model ge erated adjusted, as required, u volumes sufficiently replicate base year traffic volumes on both a screenline and an individual facility basis After successful validation, Consultant will prepare and present to Owner a technical memorandum documenting the results of this process TASK III 2010 MODEL DEVELOPMENT Consultant will obtain horizon year demographics, the regional freeway and arterial network, and appropriate regional model parameters from the NCTCOG In conjunction with the City staff, Consultant will identify the specific transportation system to be initially assumed for the horizon year and also code this for input to the model All link attributes and zone loadings will be updated and refined to reflect both horizon year conditions and the results of the base year model validation process Consultant will also assist the City in subdividing revised zone demographic data according to the structure upon receipt of all the data enumerated in Section IV of the agreement, Consultant will prepare the appropriate command file programs for the horizon year TRANPLAN model outputs relative to trip generation and trip distribution will be compared with those of the NCTCOG Main Frame system After the initial horizon year traffic assignment, TRANPLAN projections will be evaluated fox consistency with those of both the NCTCOG and the State Department of Highways and Public Transportation Horizon year model parameters and link attributes will then be refined as required Following successful completion of this task, Consultant will memorandum documenting the results prepare pthis process technical PAGE 8 TASK IV TASK V THOROUGHFARE PLAN UPDATE Using the model, Consultant will update the existing city of t Thoroughfare evaluate alternative will be performed lPlan transportation networks against the horizon year land use plan After each run, link capacity analyses will be performed and network modifications made until a balanced land use and transportation system is achieved From the results location, Consultant length, splaying this will prepare a map di and lane requirements for the transportation system needed for the horizon year TRAINING In order to facilitate the update Of Cothe nsultants wiCIP ll and Thoroughfare Plan in coming year, provide City staff with training in the use of the first model system developed in previous tasks, meeting with owner to determine owner's training needs It is anticipated that two sessions will be required and that these will include instruction in on the the use of all the interrelationshipe and ode interpretation well of as h variables input to the process Following this training, Consultant will be available to answer any additional questions over the telephone for the duration of this contract This task will also include the installation datof all abases T A PL N proCityss on the command files, and microcomputer TASK VI As part of this project, City council, Planning citizens task forces to progress, or to present 2711L Consultant will meet with the and Zoning Commission and/or obtain information, to discuss the results of the studies PAGE 9 H C C H H > H H ~ x o w 0 n fah N ry ro (ND x ::1 0 W 0 ( n q ( D VI M (D Fi W (D ( a d (D ro m m F , (D p r M j ( m ( D rt, p r rr o 0 0 ro ~ m m r rt 4 o ~ 4 G r k w (D m ro rt 0 0 rt z 0 c O N 0 4 N D1 op 0 O 00 m M 0 rn A x d a „4„ SIgIHXH EXHIBIT "C" MAN-HOUR ESTIMATE PRINCIPAL PROFESSIONAL CLERICAL TASK I 20 5 5 TASK II 255 230 25 TASK III 140 125 15 TASK IV 150 135 15 TASK V 45 30 10 TASK VI 30 0 0 TOTAL 640 525 70 PROJECT COST ESTIMATE LABOR Classification Principal Professional Clerical Hourly Rate $75 00 40 00 25 00 Man-Hours 640 525 70 Total DIRECT EXPENSES Computer Time (380 hours @ $15/hour) Word Processing (70 hours @ $5/hour) Mileage (2,160 miles @ $0 25/mile) Communication/Postage/Courier Reproduction Subtotal ESTIMATED TOTAL PROJECT COST $48,000 21,000 1,750 $70,750 $ 5,700 350 540 60 60 $ 6,710 $77,460 COST ESTIMATE BY TASK LABOR EXPENSES TOTAL TASK Work Program Definition $ 1,825 950 $ 70 915 2 $ 1,895 31,865 Base Year Model Development t 28, 875 15 , 1,590 17,465 2010 Model Developmen , 025 17 1,515 18,540 Thoroughfare Plan , 4,825 420 5,245 Training 250 2 200 2,450 Meetings , Total $70,750 $6,710 $77,460