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HomeMy WebLinkAboutResolution - 2088 - Contract - PRC Engineering Inc - Traffic Control System Services - 07_25_1985Resolution #2088 July 25, 1985 Agenda Item #18 JWF:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract to be entered into by and between said City and PRC Engineering, Inc. (as Consulting Engineers) for professional and/or technical services in connection with the traffic control system of the City of Lubbock and appurtenances, equipment, and facilities in connection therewith as set forth in said Contract, 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 25th ATTEST: Ranet e Boyd, City Secretary APPROVE AS TO CONTENT: Larry Hoffm , D recto`(if/Transportation APPROVED AS TO FORM: t J. 7th Fullingim, Assistdnt City Attorney a Resolution #2088 Revised: 6/25/85 THIS AGREEMENT, made this _2c {Uday of July , 1985 by and between the City of Lubbock ("CITY"), and PRC Engineering, Inc., 1500 Planning Research Drive, McLean, Virginia, A State of New York Corporation ("CONSULTANT"). WITNESSETH WHEREAS, the CITY desires to engage the CONSULTANT to render certain technical and/or professional services hereafter described in connection with the Detector Restoration Study and Design Project, a n d WHEREAS, the CONSULTANT is qualified and agreeable to render the aforesaid technical and/or professional services; NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises hereafter expressed, and intending to be legally bound hereby, the parties hereto do mutually agree as follows: Article 1. Employment of Consultant The CITY hereby agrees to engage the CONSULTANT to perform the technical and professional services as hereafter set forth. Article 2. Statement of Work The CONSULTANT shall do, perform and carry out in a satisfactory manner the services set forth in Attachment A to this Agreement. Said Attachment A is hereby made part of this Agreement. Article 3. Data to be Furnished All information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work as outlined in Article 2 hereof shall be furnished to the CONSULTANT without charge by the CITY, and the CITY shall cooperate in every way possible in the carrying out of the work without undue delay. Article 4. Personnel A. The CONSULTANT represents that it employs, or will employ at its own expense, all personnel required in performing the services under this Agreement. 1 W B. All of the services required hereunder will be performed by the CONSULTANT or under its direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY, except that geotechnical engineering services will be subcontracted. Article 5. Time of Performance The services of the CONSULTANT are to commence within five (5) days after the date of this Agreement, and shall be undertaken and completed in such a sequence as to assure their expeditious completion in light of the purposes of this Agreement. The work shall be completed in accordance with the schedule developed by the parties hereto, and all work covered by this Agreement shall be completed within 180 calendar days after receipt of the Notice to Proceed, assuming no unusual delays beyond the CONSULTANT's control. Article 6. Compensation Because the magnitude of the project will not be known until the study work is complete, the CITY hereby agrees to pay the CONSULTANT for all work, as defined in Attachment A to this Agreement, on the basis of the hourly billing rates shown in Attachment B plus non -salary direct expenses. The total compensation for all work under NINETY NINE THOUSAND ONE HUNDRED specific written authorization from the CITY agreement. Article 7. Method of Payment this Agreement shall not exceed DOLLARS ($99,100.00) without in the form of a supplemental The monthly amount earned pursuant to this Agreement for work and services performed by the CONSULTANT shall be computed by: 1. Multiplying the hourly billing rates shown in Attachment B to this Agreement by the number of hours worked by personnel in each associated category to obtain personnel billing costs for each cate- gory. 2. Summing the personnel billing costs for all categories to obtain total personnel billing cost. 3. Adding the non -salary direct expenses to the total personnel billing cost to obtain the monthly amount earned. Attachment C shows the essential format of the invoice, as well as the method of computing the amount earned. All invoices shall be paid promptly upon receipt by the CITY; but in no case shall payment of any invoice be delayed for more than thirty (30) days after its receipt by the CITY. The hourly billing rates shown in Attachment B include salary, fringe benefits, overhead, and fee. These hourly rates apply provided that this Agreement is executed and Notice to Proceed with the work is given by August 1, 1985 and that the work is completed by June 30, 1986 unless delayed by the CONSULTANT. If the work is delayed by conditions beyond the CONSULTANT's control, the hourly billing rates will be adjusted to reflect adjustments which have occurred in the CONSULTANT's pay scales. Article 8. General Provisions The following general provisions are incorporated herein and made a part hereof: A. Changes. The parties hereto may from time to time require changes in the Statement of Work and the time .of performance as set forth herein. Such changes, including any increase or decrease in the amount of the. compensation to the CONSULTANT, which are mutually agreed upon by and between the parties hereto, shall be incorporated as written amendments to this Agreement. Any claim by the CONSULTANT for an adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the CONSULTANT of the notification of change; provided, however, that the CITY may, if equity is obtained, receive and act upon any such claim asserted at any time prior to final payment under this Agreement. B. Extras. Except as otherwise provided herein, no payment for extras shall be made unless and until such extras and the price therefor have been authorized in writing C. Specifications. All specifications, manuals, standards, etc., either attached to this Agreement or incorporated herein by references, are deemed to be the issue in effect as of the date of this Agreement and are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment and this Agreement modified in writing to incorporate such changes. D. Termination for Convenience of City. The CITY may terminate this Agreement at any time by giving written notice to the CON- SULTANT of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such 3 E. termination. In that event, all finished or unfinished documents and other materials shall, at the option of the CITY, become its property. If this Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the CONSULTANT covered by this Agreement, less payments of compensation previously made. Termination of Agreement for Cause. (1) The CITY may, subject to the provisions of paragraph (3) of this clause, by written notice to the CONSULTANT, terminate the whole or any part of the Agreement in any of the following circumstances: (a) If the CONSULTANT fails to perform the services called for by this Agreement within the time(s) speci- fied herein or any extension thereof; or (b) If the CONSULTANT fails to perform any of the other provisions of the Agreement or so fails to make prog- ress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days (or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure. (2) The CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government to either its sovereign or contractual capacity, acts of the CITY, fires, floods, epidemics, quarantine restric- tions, strikes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of the CONSULTANT. (3) If this Agreement is terminated as provided in paragraph (1) of this clause, the CITY may require the CONSULTANT to provide all finished or unfinished documents, data studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT. In this event, the CON- SULTANT shall be entitled to receive just and equitable compensation for the services performed on the aforemen- tioned and all costs associated thereto. M (4) If, after notice of termination of the Agreement under the provisions of this clause, it is determined for any reason that the CONSULTANT was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall, if the Agreement contains a clause providing for termination for convenience of the CITY, be the same as if the notice of termination has been issued pursuant to such clause. F. Interests of Members of the City and Others. No officer, member, or employee of the CITY, and no member of its governing body nor other public official of the governing body of the locality or localities in which the work pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall: (1) Participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he has directly or in- directly, any interest, or (2) Have any interest, direct or indirect, in this Agreement or the proceeds thereof. G. Interest of the Consultant. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct, or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work no person having any such interest shall be employed. H. Officials not to Benefit. No member of nor delegate to the Congress of the United States of America or any Resident Commissioner or any official of the State of Texas or of the City of Lubbock shall be admitted to any share or part hereof or to any benefits to arise herefrom. I. Findings Confidential. No report, information, or other data given to or prepared to be assembled by the CONSULTANT pursuant to this Agreement, which the CITY has requested be kept confidential, shall be made available to any individual or organization by the CON- SULTANT without the prior written approval of the CITY. J. Subletting or Assignment. Neither of the parties hereto shall assign, sublet, or transfer his interest in this Agreement or any portion thereof without the prior written consent of the other, except as otherwise noted herein. 5 K. Rights to and Disposition of Data. The term "subject data" as used herein includes all data, written materials, photographs, drawings, or other information collected or created under this Agreement whether delivered under this Agreement or not. The term does not include financial records, accounting records, or other information incidental to the administration of this Agreement. All subject data shall be retained by the CONSULTANT, in accordance with the terms of this Agreement, until disposition of such subject data shall have been determined in a manner mutually agreeable to the parties hereto. Subject data shall be available for study and utilization by the CITY so long as such subject data is in the possession of the CON- SULTANT. Following termination of the work pursuant to this Agreement, the CITY may duplicate, use and disclose in any manner all subject data for legitimate CITY purposes, but the CON- SULTANT's copyright shall be honored in all other cases. L. Publications. It is agreed that either or both of the parties hereto may publish at any time, subject to the terms of this Agreement, the results of the work conducted hereunder, provided credit is given to the individuals and organizations who conducted and sponsored the work. A copy of each manuscript to be submitted for publications by either of the parties hereto shall be furnished to the other party prior to such submission for publication, and five (5) copies or reprints shall be furnished to the other party subsequent to publication. Articles or works reporting on the subject work hereunder or on portions thereof which are published by the CONSULTANT shall contain in the foreword, preface, or footnote a statement to the effect that publication of the article or work does not necessarily indicate acceptance by the CITY of the findings, conclusions or recommendations either inferred or specifically expressed therein. M. Nondiscrimination in Employment. In the performance of the work authorized under this Agreement, the CONSULTANT shall not discri- minate against any worker because of race, creed, color, age, sex, or national origin. N. Insurance and Mutual Assistance. The CONSULTANT shall carry insurance to protect him from claims under workmen's compensation acts; from claims or damages caused by bodily injury, including death, to employees and the public; and from claims for property damage. If any claim related to the performance hereunder be asserted against either party hereto, the party claimed against shall receive all reasonable assistance from the other. O. Jurisdiction. This Agreement shall be interpreted in accordance with the statutes and laws of the State of Texas. P. Successor and Assigns. Each of the parties hereto hereby binds himself, his partners, successors, assigns and/or legal representatives T to the other party, his partners, successors, assigns, and/or legal representatives to this Agreement, in respect to all covenants of this Agreement. Q. Indemnification - The CONSULTANT hereby expressly agrees and covenants that he will hold and save harmless and indemnify the CITY, its officers, agents, servants, and employees from liability of any nature or kind, arising out of negligent acts, errors, or omissions of the CONSULTANT, in connection with the work to be performed hereunder. R. Entire Agreement — This Agreement represents the entire agreement between the parties and replaces and supersedes any other agreement written or otherwise. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their proper officers the day and year first above written. P ENGINEERING, INC. By: John etrykanyn 1vision Vice President CITY OF L By: Alan Iler Mayor AT i—� B. Rane��­k tte Boyd City Secretary, APPROV AS TO CONT T: By:z. L`'z- Larr . Hof frilanW.E. Tra portation Director APPROVED AS TO FORM: By: �_ _ L` 4, Worth Fullingim Assistant City Attorney 7 Revised: 6/25/85 ATTACHMENT A. TECHNICAL APPROACH AND WORK PLAN This Attachment sets forth the work plan to accomplish the City's objectives. It is organized in essentially chronological order. TASK L WORK PLANNING Several tasks are necessary to the cost-effective accomplishment of the project. These are: e Overall project planning • Obtaining information from the City • Obtaining the necessary equipment Each of these is discussed below. Overatl Project Planning A critical path scheduling method (CPM) for planning the project in detail will be used. The summary work flow diagram submitted with the proposal will be expanded to show all of the detailed tasks necessary to complete the work. This diagram will show each task, and the earliest and latest finish dates associated with each. The CPM diagram shall be a working document which will not be formally drafted. All monthly progress reports will be keyed to the CPM. Obtaining Information from the City There are two key items which are available in the City's records which will be very useful in the work. The first is a comprehensive inventory of all detectors involved in the project. PRC will obtain this inventory from the City and will use it in planning the work. A-1 The second item which PRC will obtain from the City is a set of mylars of the Lubbock Signal System Field Equipment and Installation Plans, and other available drawings of the various sites. These mylars will be used by PRC to provide work prints and base drawings on which to detail the necessary construction work. The integrity of the mylars will be preserved. All work will be performed on appropriate reproductions. Obtaining the Necessary Equipment In order to carry out the project, three items of equipment will be obtained: • An electronic multimeter • A megger • A frequency meter These equipment items will be used in the actual diagnosis of the detector systems. The multimeter will be used to check detector system continuity. The megger will be used to test the loop system and its insulation for electrical leakage, and the frequency meter will verify that the detector system's inductance is within the operating range of the detector amplifier. Each of these test units will become the property of the City upon completion of the on -site testing. This will provide the City's staff with the necessary equipment to carry on an effective detector maintenance program after the detectors have been restored to operating condition. TASK EL ON -SITE TESTING PRC will test each of the approximately 450 detector loops at approximately 130 system intersections. Outlined below is the proposed detailed test procedure. A form similar to the one shown in Figure 4 of the proposal will be used to record the results for each loop system. A-2 TEST PROCEDURE A. Test Loop System 1. Disconnect loop system (may be more than one loop in loop system for controller actuation) from the cabinet. 2. Check loop system for continuity with electronic multimeter. 3. If continuity is found, check loop system for shorts, grounds, and leakage with_megger. 4. If loop system passes the megger test, check inductance of loop system and verify that it is within the acceptable range. 5. If the loop system passes all of the tests: a. Reconnect loop system to cabinet. b. Notify City by phone to retune detector. (City will provide two telephone headsets for use on the project). C. Proceed to step A.7. 6.. If loop system fails any of the tests, proceed to step B. 7. Check next loop system, using steps A.1 through A.6, as appropriate. If all loop systems at an intersection have been checked, go to Step C. B. Isolate Loop System Failure (only if loop system fails one of the tests in steps A.1 through A.4). 1. If loop system consists of more than one loop and the lead-ins can be separated in the cabinet; repeat steps A.2 through A.4 and each loop/lead-in to isolate which loops are defective. 2. At the roadside pull box associated with each defective loop system, unsplice and disconnect the loop from its lead-in, being careful not to destroy more wire or cable than neces- sary. 3. At the pull box, test the loop as, described in steps A.2 through A.4. 4. At the pull box, test the lead-in as described in steps A.2 through A.3. 5. If both loop and lead-in pass the tests: a. Resplice according to approved procedure A-3 b. Retest loop system at cabinet as described in steps A.1 through A.5 6. If either loop or lead-in or both fail the tests, make appropri- ate recommendations on record sheet. Then seal the exposed ends of the good component (loop or lead-in) to protect them against moisture absorption until the loop system is repaired. 7. Go to step A.7. C. Check for Pavement Failures 1. Visually inspect the area of each loop and lead-in for pave- ment failures. Note character of any failures on record sheet. 2. Proceed to next intersection Each Monday morning, PRC will report to the City's Traffic Engineer for Signal Systems and Operations the intersections tested during the previous week. This will be done by providing copies of the record sheets covering the locations. PRC will design the replacement, including both the detector elements and the detector amplifiers, of up to 20 magnetometer road elements selected by the City. Upon completion of the testing, PRC will prepare a technical memorandum summarizing the findings of the testing. This memorandum will be a brief letter - type report with a table of recommended loop repairs and a preliminary cost estimate. Prior to proceeding with the development of site -specific plans, PRC will review the technical memorandum with the City's traffic engineers. Once all of the testing has been accomplished, the City will attempt to install pull wire into all conduits with defective lead-ins. This will be done by connecting the pull wire to the lead-in and pulling it in, using the lead-in as a pull wire. This will simplify the construction contractor's work and will identify locations where new conduit is needed. The City will furnish all necessary pull wire. The City will provide PRC with up to ten conduit runs which require replacement. A-4 TASK IIL PLANS PREPARATION In parallel with the latter portions of the testing, PRC will be updating and preparing appropriate typical installation drawings. These will reflect both --conditions found in Lubbock and the most effective, proven detector installation techniques. Following completion of the on -site testing, site -specific plans will be prepared to rectify defective loops and lead-ins. PRC will utilize the City's existing signal system plans to cost effectively create bases for these plans. Plans will consist of schematic representations of the lead-ins and loops to be repaired with appropriate references to the typical drawings and sufficient dimensions to guide the contractor. The plans will not necessarily be to exact scale. All plans will be reviewed with the City's traffic engineers prior to developing estimates of quantities and the project schedule. Necessary revisions will be made to the plans to incorporate the results of the City's review. Then PRC will estimate quantities, prepare quantity summaries for the plans, and develop a project schedule. These will be added to the plans set and the finalized plans, with the specifications, will be reviewed again with the City's engineers. All plans will be prepared in ink on mylar sheets. It is anticipated that many of the plans will be most cost effectively prepared in tabular format. TASK IV. SPECIFICATIONS PREPARATION In parallel with the on -site testing and the plans preparation, PRC will develop necessary technical specifications for the project. PRC will prepare all nececssary technical specifications for materials, equipment, and installation procedures to be used on the work. These specifications will require the most suitable proven techniques applicable to Lubbock's situation. Furthermore, PRC will develop A-5 necessary measurement and payment specifications, and a set of bid items, which will enable Lubbock to have its detectors restored to operation in a most cost- effective manner and one which minimizes contract administration costs. These specifications will be reviewed with the City's engineers and purchasing manager at various logical stages of completion. All administrative specifications, construction traffic control plans and specifica- tions, and City's standard contract requirements will be prepared and integrated with the technical specifications by the City. TASK V. ENGINEER'S ESTIMATE During the finalization of the plans and specifications, PRC will prepare an engineer's estimate, by bid item, of the cost of construction. This estimate will be furnished to the City's Transportation Director. PRC will treat this estimate as highly confidential and will not discuss it with anyone without the Director's authorization. TASK VI. CITY PERSONNEL TRAINING PRC will provide on-the-job training in loop system failure diagnosis and the use of the equipment which we will provide to the City. This will be accomplished during the latter stages of the on -site testing. Each of the City's signal maintenance personnel will accompany one of our technicians for one-half a day and will perform actual loop system tests under the instruction of PRC's technician. ADDITIONAL SERVICES The work described above sets forth the current requirements of this detector restoration project. Although not required at this time, PRC will provide the City with any needed assistance during the bidding process or, during the construction process upon written authorization and the execution of a supplemental agreement adjusting the compensation. A-6 DELIVERABLES The Summary of Deliverable Items below lists all of the items which will be provided to the City by PRC Engineering during the course of this project. Summary of Deliverable Items 1. Critical Path (CPM) Project Schedule Chart with updates as needed, 3 copies 2. Monthly Progress Reports keyed to the CPM chart, 5 copies 3. Technical Memorandum covering results of on -site testing, 10 copies 4. A larger complement of properly operating loop systems 5. Originals of specifications and plans for the restoration of defective detectors b. Sets of the plans and specifications, sealed for record purposes, by the project manager, 2 sets 7. On-the-job detector failure diagnosis training of all signal maintenance personnel 8. Loop system diagnostic equipment 1 electronic multimeter 1 megger 1 frequency meter A-7 ATTACHMENT B. HOURLY. BILLING RATES (Includes Salary, Fringe Benefits, Overhead, and Fee) Division Vice President $ 92.46 Associate Vice President 75.54 Associate 64.86 Engineering Technician 33.18 Technician 27.06 Secretary 26.52 NOTE: Above rates valid if Notice to Proceed is given by August 1, 1985 and if work is completed by June 30, 1986, unless delayed by the CONSULTANT. ATTACHMENT C. INVOICE TO: City of Lubbock PO Box 2000 Lubbock, Texas 79457 Attn: Van C. Cook FROM: PRC Engineering 1500 Planning Research Drive McLean, Virginia 22102 Attn: Richard Casey Personnel Classification Division Vice President Associate Vice President Associate Engineering Technician Technician Secretary BILLING DETAIL Fixed Hourly Billing Rate $92.46 75.54 64.86 33.18 27.06 26.52 Total Personnel Billing Cost (A) Non -Salary Direct Expenses (B) AMOUNT EARNED (Pay this amount) (A + B) CERTIFICATION The above charges are correct and payable to the best of my knowledge. Fred L. Orcutt, Jr., P.E. Associate Vice President Hours Worked 0 0 0 0 0 0 PRC Job: Date: Invoice No.: Sheet 1 of 1 Billing Costs $ 0.00 0.00 0.00 0.00 0.00 0.00 $ 0.00 0.00 0.00