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HomeMy WebLinkAbout04- Professional Services for Transportation Research Services PROFESSIONAL SERVICES AGREEMENT FOR TRANSPORTATION RESEARCH . SERVICES This Agreement is made this ~ day of June ,2004, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and Western Transportation Institute, Montana State University, Bozeman, MT 59717-1390 ("Consultant"). RECITALS A. City desires to employ Consultant to furnish transportation research services. B. Consultant agrees to furnish such services in accordance with the conditions herein provided and will carry out the duties and obligations imposed by the Contract. C. The City of Bozeman designates the Director of Planning and Community Development, or his designee, as the representative to administer this contract. AGREEMENT Subject to the provisions herein set forth and in consideration of the mutual covenants herein contained, Consultant agrees to furnish, and the City agrees to accept, certain specified services and products to include research regarding parking efficiency as it is affected by land use development patterns. Such services and products shall be referred to as the Work. . All services described herein are to be performed by Consultant and/or its contractors in accordance with the most commonly accepted standards and practices of the transportation research field. Consultant will use final product technologies that are acceptable to the City in order to satisfy the broadest distribution of the document possible. Article I. CONTRACT TIME. The Work will be completed by August 15, 2004. The total time may be adjusted by mutual written agreement of both City and Consultant. Article 2. CONTRACT PRICE. CITY shall pay CONSULTANT for performance of the Work in accordance with the Contract Documents the sum (subject to adjustment as provided in the Contract Documents) of Five Thousand Dollars ($5,000) plus documented costs for travel related to the Work. CITY retains the right to a refund contingent upon satisfactory completion ofthe Work in accordance with this agreement. The total sum may be adjusted at the mutual written agreement of both City and Consultant. Article 3. PAYMENT PROCEDURES. Not more than 90% (ninety percent) of Payment will be provided by CITY to CONSULTANT upon submittal of monthly invoices. Remaining Payment will be provided by CITY to CONSULTANT upon completion of the entire Work. Payment will not exceed 75% of the contract price prior to delivery of the initial review draft of the Work. CITY retains the right to a . refund contingent upon satisfactory completion of the Work in accordance with this agreement. Article 4. CONSULTANT'S REPRESENTATIONS. . In order to induce CITY to enter into this Agreement, CONSULTANT makes the following representations: 4.1 CONSULTANT has familiarized himself with the nature and extent of the Contract, Work, locality, and with all local conditions and federal, state and local laws, growth policies, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4.2 CONSULTANT represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; and that it has the power to enter into and perform this Agreement and grant the rights granted in it. Article 5. SCOPE OF WORK The Work shall consist of the preparation of the Work described in the Problem Statement contained in Attachment "A". If CITY wishes CONSULTANT to perform additional services, CITY shall so instruct CONSULTANT in writing. The performance, cost, and time frame of the additional services shall be subject to mutual written agreement of both City and Consultant. Written agreement for additional services may either be a separate agreement or an addendum to this agreement. Article 6. INSURANCE . The parties hereto understand and agree that the State of Montana, MSU, its officials and employees are self-insured under the provisions of Title 2, Ch. 9, Montana Codes Annotated. MSU will maintain insurance required for state agencies as provided under Title 2, Ch. 9, Montana Codes Annotated. The statutory limits of liability are $750,000 for each claim and $1.5 million for each occurrence. A certificate of insurance will be provided upon request. Article 7. INDEMNITY To the extent allowed under Title 2, ch. 9, MCA, CONSULTANT shall indemnify, hold harmless and defend the City against any and all claims, at CONSULTANT'S own expense, arising from the furnishing of services provided for in this contract or caused by the services described in this contract. Article 8. INDEPENDENT CONTRACTOR CONSULTANT acknowledges that the services rendered under this Agreement shall be solely as an independent Contractor. CONSULTANT shall not enter into any contract or commitment on behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or subsidiary of City, and is not entitled to any City employment rights or benefits. It is expressly un~erstood that this undertaking is not a joint venture. . Slt;> ~ ArtIcle 9. OWNERSHIP AND USE OF W~ J2./.~~H~I/)f flu. (oq CONSULTANT shall grant the CITY theNight and license to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works based upon all of CONSULTANT'S work created under this contract and shall provide to the CITY a written . license granting the CITY and sublicensees such rights. Article 10. OFFICE RULES . CONSULTANT shall comply with all office rules and regulations, including security requirements, when on City premises. Article II. CONFLICT OF INTEREST CONSUL T ANT shall not offer or give a gratuity of any type to any City employee or agent. Article 12. GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County, 18th Judicial District. Article 13. ENTIRE AGREEMENT AND NOTICE This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. Western Transportation Institute . B~~~ _ Stephen lbert, DIrector ::irjb;;;:J/~ Leslie Schmidt, Assistant V.P. of Research CIT2MAN By: A~ Ron Brey, Acting Cit] "If. / -:. r ATTEST: ~ ofl ~ Robin L. Sullivan, Clerk of Commission . Problem Statement REU Summer Project ~ Montana Four City Parking Generation/Land Use Pattern Correlation Study Principal Investi2ators/ Research Mentors: Lisa Ballard P.E., Western Transportation Institute and Chris Saunders AICP, City of Bozeman Department of Planning and Community Dcvclopment Mentorship Time Commitment: PI's are available for required meetings and discussion during the project period. Proiect Title: Montana Four City Parking Generation/Land Usc Pattern Correlation Study Proiect Location: The research for this project will be conducted in four of the five largest Montana cities, Billings, Missoula, Great Falls, and Bozeman. Travel to Billings and Great Falls of two or three days each will be required. It is assumed that the student will travel via personal car or MSU vehicle. The researcher will travel with one other person; the communities will cover the per-diem costs while traveling. Problem Backeround: Abstract: Verify or disprove the anecdotal evidence that some commercial land use development patterns are more trip generation/parking efficient than others and quantify the differences if any. There has been anecdotal evidence that development in central business districts with certain land use patterns exhibits a more efficient use of parking spaces and generate less vehicle trips. This occurs when a user arrives at one destination, parks their vehicle, and then visits multiple destinations without relocating the vehicle. This behavior pattern is not apparently occurring to the same degree in areas with different land use patterns.. If this behavior could be quantified it would impact many elements of the land developmcnt cycle including expected vehicle trip generation from development, need to add vehicle capacity in streets, quantities of parking required for development, and related issues. The three land use patterns to be analyzed are: central business district, commercial corridor development, and power center Purpose: Parking facilities are costly and space intensive. Regulatory parking requirements are often set by local governments in reference to the size and type of land uses (e.g., cinema, laundromat), but the compactness and pattern of land uses (i.e., the urban form) may also have influence on the need for parking. Different land use forms may have different actual parking efficiencies, that is, greater numbers of destinations arising from single parking event. If such differences exist, but are not embodied in local parking requirements, then unnecessary costs may be imposed on areas that are more parking efficient. This study aims to identify and quantify differences in parking efficiencies of common land use forms by surveying parking events in central business districts, commercials corridors, and power centers in Montana's four largest cities. REU 4 Cities REU Problem statement final 2.doc Page I of6 Scope of Research: 1) Coordinate with the municipal planning offices in the five largest cities in Montana; Billings, Missoula, Great Falls, Helena, and Bozeman to locate areas exhibiting defincd land use characteristics. 2) Conduct on-site user (persons parking) interview or survey research to identify travel and parking behavior in three types of land use patterns: central business district, strip dcvelopment, and power center, as defined. City of Bozeman staff will complete data entry . 3) Analyze thc results to prove or disprove thc hypothesis. Desired level of confidence is 90% or better with +/-5% or less rate of error. 4) Should the hypothesis be proven, develop a method to compare the documented efficiency rate between the different land use patterns. The method should allow comparison of existing regulatory conditions and modifiers to be applicd based on land use pattern. 5) Conduct literature search for similar studies in other areas and compare results to identify elements which may be unique to Montana. 6) Secondary points of rescarch are: A) Differences in parking behavior for residents, employees, and users of the area; B) How far do people consider acceptable to walk to reach a secondary destination; and C) How does the character of adjacent development influence thcir decision on acceptable distance to walk. Expected Results: I) The research will provide increased accuracy in parking and trip generation data utilized for review of development and urban planning and provide increased and publicly available knowledge in the area of urban development. 2) Creation of a method which can be used by local regulatory agencies to adjust projected parking and vehicle trip demand generation based upon patterns of land use development. REV Problem Statement: The hypothesis to be examined is that somc commercial land use development patterns appear to be more vehicle trip generation/parking eflicient than others. lt is expected that the difference can be quantified by personal questionnaire survey of vchicle users. It is expected that a more densely developed with highly cormected travel routes land use pattern following the Central Business District pattern provides the most parking efficiency. At this time no other study is known to have examined this type of correlation. Tasks: l) Develop understanding of the problem through directed study and discussion with City personnel - Week I 2) Examine seasonal travel patterns through discussion with Chambers of Commerce, Department of Tourism, and development agencies - Week I 3) Refine scope of work and set up data collection schedule (ability to revise will be limited due to the consortium of funding cities) - Week 2 REU 4 Cities REU Problem statement final 2.doc Page 201'6 4) Develop survey tool (participating cities will commit to providing guidance in subjcct matter and approving survey tool within a fixed time ofrcccipt for review) - Week 2- 3 5) Bozeman data collection - test methodology and collect data as schedule permits - Weeks 3-8 6) Set up data collection for other communities; share data collection methods with Missoula staff - Week 4 7) Coordinate with local planning office and collect data in Great Falls and Billings (two or three days each). - Weeks 5-6 City of Bozeman staff to complete data entry (one week) 8) Analysis of data and preliminary report - Weeks 5-8 9) Preparation of final report - Weeks 9-10 Skills: General understanding of transportation engineering; basic statistics; basic understanding of land use planning; Microsoft Excel; Able to interact easily with people; Be self directed and independent in accomplishing required tasks; GIS skills may be beneficial but not rcquircd. Deliverables: I) 6 copies of a written report which describes the purpose of the project, methodology selected, research sites, summary of the data resulting from the research, analysis and conclusions. 2) 6 copies of a compact disk with all tabulated data, analysis outputs, and final report. 3) Presentation ofthe summer research at a symposium. 4) Preparation of a 10 page paper discussing and summarizing the project and its results Note: The final data and conclusions may be presented at planning conferences or submitted for publication in planning journals. Credit for research efforts will be given to all parties participating. Definitions: A central business district has the following development characteristics - 1. A wide variety of commercial activities such as retail, offices, goods repair, governmental services, eating establishments, and may contain recreational activities such as movie houses. 2. Commercial development is more than one building deep along the major streets (collector or arterial). 3. A high level of street interconnectedness (intersection spacing typically 300-450 feet) which mayor may not include alleys. 4. Buildings typically located close to the street and often sharing common side walls or boundaries. 5. Parking is generally located along the street or in centralized parking lots or garages, often to the rear of buildings. A commercial corridor development area has the following development characteristics - 1. Commercial activities primarily dominated by small to medium sized single user buildings or small single-story linear multi-user buildings. REV 4 Cities REU Problem statement final 2.doc Page 3 of6 2. Commercial development is usually only one building deep and fronting onto a major strcet (collector or artcrial). 3. Buildings are generally set back from thc street with parking in front. 4. Buildings are generally separated by open areas from adjacent buildings. 5. Frequent vehicle access points onto streets. 6. Moderate levels of street interconncctedness (intersection spacing 400-600 feet or greater). 7. A variety of commercial activities such as retail, offices, goods repair, eating establishments, and may contain recreational activitics such as arcades. A power center has the following development characteristics - 1. Commercial activities primarily dominated by multiple large, anchor tenants, including discount department stores, off-price stores, warehouse stores or "category killers" (i.e. stores that ofTer tremendous election in a particular merchandise category at low prices). 2. Large parking areas placed in front of the anchor store(s) with high ratios of parking stalls to building area. 3. A minimal number of additional smaller tenants who do not generally compete with the anchor stores. 4. Access to the power center is often centralized to provide for traffic signalization and may be a public street but often appears as an oversized driveway. 5. Location is typically adjacent to arterial strcets. Parking efficiency: Greater numbers of destinations arising from a single parking event. References/Back2round Literature: American Planning Association, Planners Advisory Services reports: Off..Street Parking Requirements #432 How to Conduct a Citizen Survey # 404 Creating Transit Supportive Land Use Regulations #468 Institute of Transportation Engineers Trip Generation Manual, 6th ed. Institute of Transportation Engineers Parking Generation Manual, 2nd ed. Transportation and Land Use Innovations, Reid Ewing, Planners Press 1997 Conducting a Comprehensive Parking Study, Public Administration Service, 1957 Weant, Robert A. and Herbert S. Levinson. Parking. 1990 All listed resources are available through the Bozeman Department of Planning and Community Development. REU 4 Citics REU Problem statement final 2.doc Page 4 of6 City Contributions: WTI will be providing the intern and the bulk of the funding, as well as a professional transportation enginecr who will oversee the intern and ensure proper procedures are followed so the study will accomplish its purpose. Each city will be asked to provide: 1) Partial funding for the professional engineer with the WTI who will be overseeing the intern doing the research. The estimated cost for this would be $5,000. Each city's share would be $1,250. 2) The intern will also need somewhere to stay and eat while they research each city. The WTI provides housing in Bozeman on the MSU campus. Travel and lodging costs will nced to be covered. It is expected that a vehicle will be available through MSU. 3) The intern will need a contact person in each city government who can help them to choose sitcs meeting the criteria for research and to help answer qucstions about that city. They may need minor office help for some photocopies of survey forms or similar itcms. 4) Thc contact person should also be available to review and comment on a draft report when the study is being written up. Benefits: Increased accuracy in data strengthens legal defensibility of locally adoptcd ordinances, helps ensure adequate mitigation of development impacts, helps prevent excessive development exactions or development standards, and may support locally desired revisions to development standards. The study would provide increased accuracy in data regarding the amount of parking required by differcnt land use development patterns. Many parking standards in existing zoning ordinances are based on collections of studies which have no local connection and may be influcnced by factors that are not locally relevant. The study will examine each participating city and will provide locally relevant information as well as summary data from across the state. Having more accurate data is expected to bencfit local governments by: 1) Strengthening legal defensibility of adopted ordinances since there is a strong logical and proportional connection between the standards for development and empirical evidence of actual demand. An ordinance which is strongly supported by empirical evidence is less likely to be challenged, which saves financial and staff time resources, and when challenged to be upheld. 2) Help ensure adequate mitigation of development impacts relating to parking, thereby avoiding street congestion or commercial parking spill over into residential areas. Correct mitigation avoids community opposition to development and helps support a healthy development environment. 3) Help prevent excessive exactions for traffic signalization or other off-site work or development standards which lead to conflict with the developmcnt industry. Excessive exactions are often a source of litigation and opposition from development interests who find the financial burdens of the exactions a limitation on development. 4) Public relations and community good will. 5) Supports correctly sized parking facilities so that land is not used f()r non-revenue generating parking unless actually needed. Development that is land efficient reduces public and private costs for installation and maintenance for water, sewer, and street infrastructure; increases the use of non-motorized travel with accompanying reductions in air pollution. This can directly benefit the bottom line of operational departments in the city. REU 4 Cities REU Problem statement final 2.doc Page5of6 6) Supports infill development by avoiding excessive parking requirements which make a development cost prohibitive since most of the site must hc dcdicatcd to parking rather than revenue generating building area. 7) Reduce development costs by avoiding excess parking which is land intensive. Parking for offices or restaurants often consumes more land than the building itself. The paving, stormwater management, and other accompanying costs and area requirements of parking areas are often significant constraints on development. 8) Provide a rational and demonstrable basis for revisions to development standards consistent with community priorities. For example, in 2002 Bozeman adopted parking requirement modifiers for our downtown area. We had observed that many persons park one time then visit multiple destinations when they go downtown. Unfortunately we had to make a best estimate of appropriate change on a non-empirical basis. Time Frame: It is desired that the data gathering be completed this summer. Final tabulation and analysis should be presented to the project sponsor by August 15, 2004. REU 4 Cities REU Problem statement final 2.doc Page 6 of6