HomeMy WebLinkAboutResolution - 642 - Contract - KHC Systems Inc - Traffic Signal System Update - 11/13/19802
SMT:pc RESOLUTION #642 - 11/13/80
(See Reso. #552, 7/10/80)
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mavor of the Citv of Lubbock BE and is herebv authorized and
directed to execute for and on behalf of the City of Lubbock a contract
with KHC Systems, Inc. for professional engineering services which is
attached herewith which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 13th day o vemhpr 1980.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, Ci y gecrelfa - r asurer
APPROVED AS TO CONTENT:
B. H. McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
usan M. Tom, Assistant City Attorney
. (a� ao
AGREEMENT BETWEEN
KHC SYSTEMS INC.
AND
City of Lubbock, Texas
RESOLUTION #6-42 - 11/13/80
T
THIS CONTRACT, entered into as of this the 13th day of November ,
1980, by and between KHC'Systems Inc., hereinafter designated as the
CONSULTANT, and as KHC and City of Lubbock, Texas, hereinafter designated
as the Clty.
NOW,THEREFORE, itis mutually agreed by and between these parties as
follows:
ARTICLE l
CONSULTANT
The CONSULTANT covenants and agrees to.perform-certain technical and
professional services for an update to Lubbock's Traffic Signal System, as
part of the 1980-1981 Unified Work Program for Transportation Planning in the
Lubbock Urbanized Area. The scope of the work to be performed is set out in
Appendix "A", "Scope of Service", of this Contract. Such work shall be per-
formed-in.accordance with the terms of this Contract and for the consideration
stated. The CONSULTANT covenants and agrees to -perform Its duties and work
hereunder with diligence and to a workmanlike manner with a high degree of
care to ensure the accuracy and timeliness thereof.
ARTICLE II
SCOPE OF SERVICES
The CONSULTANTshall exert Its best professional efforts to perform and
carry out in a' -satisfactory manner the services and provide the number of
copies of the report set forth In Appendix "A", attached hereto and made,a
part hereof.
ARTICLE III
DIRECTION OF WORK
A. All maps, data, reports, research, graphic presentation materials, etc.
prepared by the CONSULTANT as part of its work under this Contract shall
become the property of the City upon completion of this Contract or any
phase thereof or, in the event of termination under Article VIII hereof,
at the time of payment under said Article Vill for work actually performed
and accomplished.
B. The CONSULTANT shall not assign any interest in this Contract, nor delegate
the performance of any of its duties hereunder, without the prior written
consent of the`City, and the State Department of Highways and Public
Transportation and any actual or attempted assignment or delegation with-
out prior written consent, shall be void.
C. The CONSULTANT shall perform the tasks -as outlined in Appendix "A" and
document the work accomplished on a task -by -task basis in written monthly
Progress Reports to the City,
D. The CONSULTANT shall, by no later than the tenth calendar day of each
month, provide a Progress Report and a monthly invoice statement for the
preceding month's work in sufficient detail to document the amount invoiced
for that -month. The Progress Reports and documentation will be subject
to review and acceptance by the City with any difference resolved prior
to the payment of invoice.
E. The parties hereto may from time to time make changes to this Contract
by written amendment as approved by.:the City, the CONSULTANT, and the
State Department of Highways and:Public Transportation. in the event
of changes made in the scope, character, time of performance or total
cost of the work to be performed, adjustment for payment and time as
modified shall be determined by -negotiations between and mutual acceptance
by the City and the CONSULTANT.
ARTICLE IV
TIME OF PERFORMANCE
The CONSULTANT shall commence work within one (1) week after written
Notification to Proceed from the City. No field data collection will be
begun prior to one week after the first day of school in September, 1980.
This notification shall be issued after the ContractIsapproved and executed
by all parties to the Agreement. All'work under this Contract shall be
2.
completed-and.a draft -final report submitted no later than 120 days from
dateofNotification to ..Proceed,.unless otherwise extended by the written
concurrence -of the parties hereto. Following review and comment on the
draft final"r.eport:by City, the CONSULTANT shall submit the final report
within :thirty (30) days. Duration of this CONTRACT shall be four (4) months
from -date of -Notification to:Proceed. In the.-event.the.CONSULTANT encounters
delays in performance of this Con. tract, it may'request'in writing an extension
of the time of completion beyond the time of performance specified. The City
shall promptly process such requests and advise -the CONSULTANT within fifteen
(15) days of its decision.
ARTICLE V
COMPENSATION- AND METHOD OF' PAYMENT
Forthesatisfactory performance of the professional services described
in Article Ii, Scope of Services, the City agrees to .compensate the CONSULTANT
for services under this Contracr by�the total payment of a sum of $30,000.00
Dollars on the basis.of monthly -progress reports and certified dnvoices sub-
mitted by the.CONSULTANT relative to services provided.in accord with the
terms of this Contract. Each monthly invoice shall specify the percentage
of work.completed:under this Contract by work -task, the total of previous
amounts invoiced, -and the amount. -due and payable less a retainage_ of five
(5) percent of the total amount earned. The five (5) percent retainage amount
shall be invoiced_ -on a final request.for-payment-at-the-time all work has
been completed -in accordance with.the terms of this Contract as approved
by - the City. The payment of each rInvoice shall be made by the Clty to the
CONSULTANT within thirty (30) days following their receipt -and approval.
The CONSULTANT shall submit'a final billing within thirty (30) days follow -
Ing completion of ,this -contract. Costs eligible for reimbursement shall be
defined as those allowable under part 1. to .15 of the Federal Procurement
Regulations.
ARTICLE VI
U.S DEPARTMENT'OF TRANSPORTATION REQUIREMENTS
A. Audit and inspection of Records. The CONSULTANT shall permit the
3•
authorizedrepresentative:of_:the Federal Highway -Administration, the State
Department of.Highways and Public. Transportation, the Comptroller General
of the United States, and the City to inspect and audit all data and
records and study. -activities of the CONSULTANT relating to its performance
and Its subcontracts under the.Contract:from date of Contract through and
until the expiration of three (3) years from.the date:of final payment
tothecontractor: The CONSULTANT shall keep all financial records, i.e.
monthly statements,'invoices, receipts, charges and any other data and
records as a result of this Contract from date of Contract through and
until the expiratton'of-three (3) years from-th,e date of final payment
to.the Contractor.
B.. Equal Employment :'Opportunity:. to connection with:the execution of this
Contract,.the CONSULTANT shall not discriminate against :any employee or
applicant for.employment because of race, --religion, color, sex, age,
physical or mental handicap, or national origin. The CONSULTANT shall
take affirmative actions to ensure the.applicants are employed, and that
..employees are treated, during their- employment- without regard to their
race, religion, color, sex, age or-:natlonal.ortgin. Such actions shall
Include, .but -not be limited to, -the following:. employment,, upgrading,
demotton or transfer, recruitment advertising,.layoff or termination,
,rates,of pa y.or other.forms of.compensetion,:and selection -Joe training,
including apprenticeship._,
C. Interest`.of;Members of -Congress. .No member of.or delegate to.the Congress.
oftheUnited.States shall be admitted-tol.any share or -part -.of this Con-
tract o n to any benefit. arising.therefrom.
D.. Interest of_Pubitc::Officials.: No member,, officer, or employee of the
public body or.of°a.local:public:.body.during his -tenure or for one (1)
year thereafter shall have any interest, direct or indirect,.in this
Contractor:the proceeds thereof.
E. Minority-Business.Enterprise. In connection with the performance of
this Contract, -the CONSULTANT will''cooperate with the City -in meeting
4.
its commitments and goals with regard to the maximum utilization of
minority business enterprises and will Iuse its best efforts to ensure
that minority business enterprises shall have the maximum practicable
opportunities to 'compete for subcontract work under this Contract. (Appendix "D")
F. Affirmative Action - In connection with the performance of the contract,
the contractor shall submit to the City a completed Affirmative Action
form Appendix "E" at the beginning of the project, monthly with each
billing and with the final report
G. Compliance with Title VI of the Civil Rights Act of 1964. In connection
with the performance of this Contract, the CONSULTANT will observe and
comply with the applicable civil rights regulations as provided in
"Appendix 116" attached hereto, and made a part of this Contract.
ARTICLE VII
INDEMNIFICATION
The CONSULTANT will Indemnify, keep and save harmless the City, the
State Department of Highways and Public Transportation, and the U.S.
Department of Transportation from -all claims and liability due to its
negligent acts or the negligent acts of -its subcontractors,•agents, or
employees during the course of work.
ARTICLE VIII
TERMINATION`OF CONTRACT
It Is agreed that either party may terminate this Contract all or In
part at any time -by written notice by-certlfied mail, with the understanding
that work -hereunder shall cease within 30 days of the date stipulated in the written
notice of termination. Such termination -may be effected by'elther party when
it is in the best interest of said party. On the part of the City, termination
action under"this clause may also be initiated in the event grant funds are
withdrawn or otherwise made unavailable by the funding sources. Any termina-
tion -notice will specify to what extent performance of work has been terminated
and the effective date of termination. CONSULTANT shall be compensated for
work completed through the date of termination, as provided for in Article V
of this Contract. In case of disputes, the Director of Planning, City of
Lubbock; Senior Planning Engineer, State Department of Highways and Public
Transportation; Fred L. Orcutt, Jr., KHC Inc., and other persons as may be
appointed by these listed shall form a committee and resolve all disputes
to the satisfaction of all parties, In writing.
5•
ARTICLE IX
ACKNOWLEDGMENT AND DISCLAIMER
Where appropriate, all documents and reports published by the CONSULTANT
shall contain a statement acknowledging the cooperation and assistance of
the U. S. Department of Transportation, Federal Highway Administration, and
the Texas Department of Highways and Public Transportation, to the preparation
and publication thereof. In addition, all documents and reports shall contain
a disclaimer statement Identical or similar to the .following:
"The contents -of this report reflect the views of the
author who is responsible for the facts and the accuracy
of the data _presented herein. The contents do not
necessarily reflect the official views or pollcies of
the Federal Highway Administration. This report does
not constitute .a -standard,. specification, or regulation."
ARTICLE X
COVENANT AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this -Contract, and that it has not paid
or agreed to.pay any company or person, other than -a bona fide employee
working solely for the:CONSULTANT, any fee, commission, percentage brokerage
fee, gifts, or.other consideration, contingent upon or resulting from the
award or making of this Contract. For breachorviolation`of this warranty,
City shall have the right to annul this Contract without liability, or
at its discretion.to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission percentage,
brokerage, gift or contingent fee.
ARTICLE XI
CERTIFICATION OF`CONSULTANT
Required certifications with respect to the negotiation and execution
of this Contract .and the terms and -conditions thereof are attached bbreto
as Appendix "C" and made a part hereof.
ARTICLE XII
VENUE
Venue and jurisdiction of any suit, - right or cause of action arising
under or in connection with the Contract shall lie exclusively in Lubbock
County, Texas.
6.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed on the aforementioned date.
ATTEST: KHC SYSTEMS INC.
By.
�- eeta Fred L. Orcutt, Jr., P.E.
-IHC Systems, Inc. Vice -President
CITY OF LUBBOCK
By:
Bi rl McAlister
Mayor
ve .yn-- a ga,.-C ty SeOeorreasurer
APPROVED AS TO CONTENT:
ill H. McDaniel
Traffic Director
APPROVED AS TO FORM:
28C _=V;
usan Tomm
Assistant City Attorney
7.
1
APPENDIX "A"
SCOPE OF SERVICES
PHASE 1. The following descriptions of individual work tasks detail the
work effort associated with each.
A. PROJECT ADMINISTRATION
KHC Systems, Incorporated WHO will provide the necessary leader-
ship for the management and control of the project and the project
administration will be closely coordinated with the City at all
times. KHC will schedule all necessary formal and informal review
meetings in Lubbock. City personnel and, as appropriate, State
personnel will be intimately involved with KHC personnel through-
out the conduct of the work.
Prior to each formal review meeting, KHC will distribute the
material to be reviewed. This will facilitate productive review
sessions.
To ensure maximum input to and complete familiarity with the
Lubbock Traffic Engineering Study, appropriate City personnel
will be integrated into a "team" approach and will participate
with KHC personnel in the evaluation process.
B. STUDY AREA
The Study Area, except as otherwise specifically noted, shall
consist of the PR Systems A, B, and C encompassing the approxi-
mately Ili signalized locations as stated in the CITY'S "Proposed
Work, City of Lubbock, Specifications for Feasibility Study"
which was attached to the CITY'S letter to KHC dated April 1,
1980. (Attachment #1)
C. ENGINEERING SERVICES
1. Review Traffic Operations
Using the available PR System chart 'recorder graphs and
the data contained in the recently completed Traffic
Engineering Survey, KHC will evaluate current traffic
demand and fluctuations in demand. KHC will also use
this data to determine how the PR Systems are currently
responding to these conditions. This determination will
be verified by on-site observation. KHC will also review
current system timing data provided by the City.
KHC will utilize traffic growth projections and data,
provided by the City, on roadway improvements planned by
1990 and 2000 to identify the probable signal system needs
In those years.
In order to provide data for the benefit/cost analysis,
KHC will collect approximately 150 vehicle -miles of speed
and delay data using the floating car technique. The routes
to'be sampled will be determined Jointly by KHC and the
City's Traffic Engineering Staff. The data will be analyzed
using the techniques developed under NCHRP Project 3-18(4),
which was conducted by the KHC staff. The measures of
effectiveness used will be vehicle miles of travel and
vehicle miles/hour. it is anticipated that the City will
provide a driver; KHC will provide the vehicle, the in-
strumentation for data collection and an operator -
technician.
KHC will work with the City's Traffic Engineering staff
to identify present and future fire pre-emption needs which
may effect the recommendations of this Study.
The above data will be used by KHC to determine the capa-
bilities which the system should possess to adequately meet
the needs of traffic in future years.
2. Equipment Analysis
Concurrently with the review of the traffic operations, KHC
will review existing control equipment inventory records
provided by the City to determine:
1. Controller make, model, age and
capabilities
2. Special equipment (pre-emptors,
minor movement controllers, etc.)
make, model, age and capabilities.
3. Interconnect cable size, condition
and age.
KHC will also determine the available space for possible
installation of communications/interface units in a representa-
tive sample of the existing control equipment cabinets.
Using City maintenance records, KHC will evaluate the
maintenance history of the existing system equipment
and any maintenance history trends which are developing.
In addition, using on-site observations and data contained
In the Traffic Engineering Survey, KHC will determine whether
the existing local control equipment is capable of providing
the necessary types of intersectlon control.
The above data will be used by KHC to determine whether or
not the existing equipment is suitable for continued service.
The data will also serve as input to the benefit/cost
analysis.
3. Related Opportunities Identification
Depending upon the City's needs, certain types of signal
systems can facilitate functions related to the signal
coordination of the three existing systems. Probably the
most important of these in Lubbock is the ability to extend
system control to additional subsystems which do not have
the same type of control equipment. KHC, in cooperation with
the City Traffic Engineering staff, will identify probable
extensions of the three existing systems and probable additional
subsystems which are likely in future years. These will be
depicted on a map in the report.
Certain types of systems also can provide various types of
ancillary control, such as the control of school speed limit
beacons and blank -out signs. Working with the Traffic
Engineering staff, KHC will identify the need for such
control.
The state-of-the-art of signal system design now permits
systems to monitor their own equipment and provide time-
saving diagnostic information to maintenance personnel.
Systems can also be designed which can assist the Traffic
Engineering staff in the very time consuming and costly
tasks of optimizing system timings and of loading new
timings into the system for both local and system control.
KHC will work with Lubbock's Traffic Engineering staff
to identify those labor and cost saving features which
are needed in Lubbock.
4. Functional Requirements Identification
Using the above information, KHC will identify the
functional requirements which the systems must possess to
meet present and future needs. These requirements will be
used in structuring viable alternatives to be evaluated.
5. Define Alternative System Equipment Configurations
Using the functional requirements, KHC will structure and
define three alternative system equipment configurations
which appear best suited to meeting the defined needs.
In developing these configurations, consideration will be
given to whether the three existing systems should remain
physically separate or should be subsystems of an overall
system. in structuring these alternatives, consideration
will be given to totally new digital equipment (central
and local) and to retaining the PR -controller but using a
digital computer to provide coordination.
6. Conduct Worth Analysis
KHC will conduct a worth analysis on the three alternatives
defined above and upon an alternative consisting of the
existing three -PR System condition, assuming it is well
maintained and timed. Based on the speed and delay data and
upon a sampling of rear -end accident data provided by the
City, KHC will quantify the anticipated economic benefits
which should accrue from the implementation of each system
alternative.
KHC will develop a set of utility or usefulness measures which
can be used to quantify the qualitative aspects of each alterna-
time. Such measures as ease of timing and ability to provide
failure diagnostics will be included. KHC will then lead the
City's Traffic Engineering staff, and State Traffic Engineers,
If the City desires, in rating each of the alternatives on each
measure. KHC will then use these ratings to precisely quantify
the relative utility of the alternatives.
For each alternative, KHC will develop an estimate of the capital,
maintenance and operating costs. These will be for a ten year
useful life and will be presented as present worth.
KHC will then develop a benefit/cost ratio and a utility/cost
ratio for each alternative which can be used to select the most
cost effective solution.
It is a common occurrence that the benefit/cost ratio and
the utility cost ratio reflect two different options as the
best. To resolve this dilemma, KHC will conduct a worth
analysis. The worth of an alternative is the benefit/cost
ratio of the alternative weighed by the relative utility of
all alternatives. This provides a single parameter which
precisely defines the most cost effective alternative.
Appropriate consideration will be given to implementing the
alternatives for each of the PR Systems separately and as a
group.
7. Develop Recommendations
Based upon the results of the worth analysis, KHC will recommend
whether the existing PR Systems should be retained and periodi-
cally retimed or should be replaced in whole or in part by one
of the alternatives.
Depending upon the alternative recommended, KHC will develop
functional specifications for:
a. Central master equipment
b. Local control equipment, including cabinet modifications
c. Communications and interface equipment
d. Diagnostic equipment
e. Software
f. Central site requirements
g. Engineering staff requirements
h. Maintenance staff requirements
D. REPORTING
KHC will document the procedures used in and the recommendations of
the study in a printed report. The report will contain a map of
Lubbock showing the signals and the probable systems or subsystems
and a pictorial schematic drawing showing the recommended alterna-
tive equipment configuration.
A summary of the costs associated with the recommended alternative
will be included in the report. This will Include the costs of new
digital equipment, the costs of necessary modifications to existing
equipment and other costs, such as engineering, as appropriate.
The expgcted life of the recommended alternative and a time -referenced
priority of implementation will also be set forth in the report.
Twenty copies of the draft report will be provided to the City for
review and comment. KHC will review this draft report with the
City's staff in a meeting. Following receipt of the City's comments,
KHC will finalize the report within 30 days and will provide the
City with fifty copies.
E. PROJECT STAFFING
The Project Director will be Mr. Hollis A. Walker, P.E. The following
staff personnel will also be involved in the project as necessary:
F. L. Orcutt, Jr., P.E.
H. N. Yagoda, P.E., Ph.D.
J. W. Ingram, P.E.
J. V. Wilding, P.E.
F. V. Beeson, Jr., P.E.
R. S. Ghaman
J. Schesser
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C.
PHASE II.
A. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The following data and services will be provided by the CITY to the
CONSULTANT In the formats specified or, if not specified, in a mutually
agreeable format at no cost to the CONSULTANT:
A. All existing machine counts for the most current 24
months will be provided, including the PR System
chart recorder records.
B. Count data from any permanent, count stations in the
Study Area.
C. Growth factors for determining future traffic volumes.
D. A good quality, reproducible mylar map or maps of the Study
Area.
E. A good quality, reproducible mylar map or maps of the Study
Area showing all signalized locations.
F. A summary of the rear -end accident experience on the
.coordinated links at a 25 -intersection sample, selected
jointly by KHC and the CITY staff, for the most recent
4 three-year period.
G. Traffic signal equipment inventory including controller
make, model, age, capability and maintenance record;
special equipment; (same information); and interconnect
size, specification, age and condition.
H. Available traffic volume maps.
I. One copy of each traffic study conducted since January 1,1975.
J. Copies of all speed or delay studies which have been con-
ducted in the past 24 months.
K. Other readily available data which may be of assistance
to the CONSULTANT and which the CONSULTANT may request
from time to time.
L. Decisions as necessary at the review meetings.
M. Driver for speed and delay vehicle.