HomeMy WebLinkAboutResolution - 5500 - Contract - Kimley-Horn & Associates Inc - Engineering Services, CTCS - 05_22_1997RESOLUTION NO.5500
Item #35
May 22,1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract for Engineering Services for
Computerized Traffic Control System, attached herewith, by and between the City of Lubbock
and Kimley-Horn and Associates, Inc., and any associated documents, which Contract 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 22nd day of May , 1997.
�. i �1�� .
t •MAYOR
AT EST.
ayth'e Darnell, City Secretary
APPROVED AS TO CONTENT:
Victor Kilm , Purchasing Manager
APPROVED AS TO FORM:
r
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D d G. andiver, First Assistant
City Attorney
da/ccdocs/kimley.res
May 12, 1997
RESOLUTION NO.5500
Item #35
May 22,1997
STANDARD AGREEMENT BETWEEN CITY OF LUBBOCK AND
KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this _ day of 1997, by and between the City of Lubbock,
Texas (the "Client") and Kimley-Horn and Associates, Inc., of Dallas, Texas (the "Engineer").
WHEREAS, the Client intends to begin the phased implementation of a new computerized traffic
signal system ("the Project"); and
WHEREAS, the Client desires to engage the Engineer to perform certain professional engineering
services relative to "the Project'; and
NOW, THEREFORE, the Client and the Engineer, in consideration of their mutual covenants herein,
agree in respect of the performance of professional engineering services by the Engineer and the payment of those
services by the Client as set forth below.
(1) Sc2ne of Services. The undertaking of the Engineer to perform professional Services under this
Agreement extends only to the services set forth in Exhibit A, which is attached hereto and incorporated herein by
reference ("the Services"). However, if requested by the Client and agreed to by the Engineer, the Engineer will perform
additional services ("Additional Services") and shall be compensated as set forth below. In addition, the Engineer is
authorized to perform, and will be similarly compensated therefor, Additional Services for those services the Engineer
deems advisable due to emergencies, errors or other unanticipated actions by the Client's contractor(s), revised
regulations governing the Engineer's services, or requirements of authorities if, in the Engineer's opinion, such
additional services are clearly in the Client's interest, and advance authorization cannot be obtained. In the event of
the performance of such Additional Services, the Engineer will notify the Client as soon as practical of the necessity,
extent, and inception of the Additional Services.
(2) Client's Res2gnsibilities. The Client shall do the following in a timely manner so as not to delay the
services of the Engineer:
(a) Designate in writing a person to act as the Client's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information,
interpret and define the Client's policies and decisions with respect to the Engineer's services for the Project.
(b) Provide all criteria and full information as to the Client's requirements for the Project, including
objectives and constraints, space, capacity and performance requirements and expectations, flexibility and expandability,
STD AGREEMENT - CITY OF LUBBOCK (Rev. 414/97) Page l of 8
and any budgetary limitations; and furnish copies of all design and construction standards which the Client will require
to be included in the drawings and specifications.
(c) Assist the Engineer by placing at its disposal all available information pertinent to the Project
including previous reports and any other data relative to studies, design, or construction or operation of the Project.
(d) Fumish to the Engineer, as required for performance of the Engineer's Services (except to the extent
provided otherwise in Exhibit A), the following:
(i) data prepared by or services of others, including without limitation borings, probings and
subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and
equipment;
(ii) appropriate professional interpretations of all of the foregoing;
(iii) environmental assessment and impact statements;
(iv) property, boundary, easement, right-of-way, topographic and utility surveys;
(v) property descriptions;
(vi) zoning, deed and other land use restrictions; and
(vii) other special data or consultations;
all of which Engineer may use and rely upon in performing services under this Agreement.
(e) Provide engineering surveys to establish reference points for construction (except to the extent
provided otherwise in Exhibit A).
(f) Arrange for access to and make all provisions for the Engineer to enter upon public and private
property as required for the Engineer to perform services under this Agreement.
(g) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by the Engineer, obtain advice of an attorney, insurance counselor and other consultants as the Client deems
appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not
to delay the services of the Engineer. The Engineer shall have no liability to the Client for delays resulting from Client's
failure to review documents promptly.
(h) Fumish approvals and permits for all government authorities having jurisdiction over the Project and
such approvals and consents from others as may be necessary for completion of the Project.
(i) Provide such accounting, independent cost estimating and insurance counseling services as may be
required for the Project, such as legal services as the Client may require or the Engineer may reasonably request with
regard to legal issues pertaining to the Project including any that may be raised by any contractor(s) employed by the
Client (hereinafter the "Contractor"), such auditing services as the Client may require to ascertain how or for what
purpose any Contractor has used the moneys paid to him under the construction contract, and such inspection services
as the Client may require to ascertain that the Contractor is complying with any law, rule, regulation, ordinance, code
or order applicable to their furnishing and performing the work.
STD AGREEMENT - CITY OF LUBBOCK (Rev. 4/4/97) Page 2 of 8
0) If the Client designates a person to represent Client at the site who is not the Engineer or the Engineer's
agent or employee, set forth the duties, responsibilities and limitations of authority of such other person and the effect
thereof on the duties and responsibilities of the Engineer, stating these matters in an exhibit that is to be identified,
attached to, and made a part of this Agreement before such services begin.
(k) If more than one prime contract is to be awarded for construction, materials, equipment and services
for the entire Project, designate a person or organization to have authority and responsibility for coordinating the
activities among the various prime contractors.
(1) Furnish to the Engineer data or estimated figures as to the Client's anticipated costs for services to be
provided by others for the Client as required for the Engineer to support opinions of probable total Project costs.
(m) Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and
other job -related meetings and substantial completion inspections and final payment inspections.
(n) Give prompt written notice to the Engineer whenever the Client observes or otherwise becomes aware
of any development that affects the scope or timing of Engineer's services, or any defect or non-conformance in any
aspect of the Project.
(o) Bear all costs incident to compliance with the requirements of this paragraph.
(3) Period of Services.
(a) The provisions of this section and the various rates of compensation for the Engineer provided for
elsewhere in this Agreement have been agreed to in anticipation of conditions permitting orderly and continuous
progress of the Project through the Construction Phase.
(b) The Engineer shall begin work timely after receipt of a fully executed copy of this Agreement and
will complete the Services described in Exhibit A. The times for performance shall be extended as necessary for periods
of delay resulting from strikes, natural disasters, and other circumstances which the Engineer does not control. If the
Client requests significant modifications in the scope of the Project, the time of performance of the Engineer's Services
shall be adjusted appropriately
(c) In addition, if the Engineer's Services or any Additional Services are delayed or suspended in whole
or in part for more than three (3) months for reasons beyond the Engineer's control, the Engineer shall be paid as
provided in paragraphs (5) and (6), but such suspension shall not terminate this Agreement unless the Engineer elects
to terminate by written notice to the Client. If such delay or suspension extends for more than six (6) months
(cumulatively) for reasons beyond the Engineer's control, the various rates of compensation provided for elsewhere in
this Agreement shall be subject to renegotiation.
(d) The Engineer's receipt of a fully executed copy of this Agreement shall constitute written notice for
it to proceed with performance of the Services.
STD AGREEMENT - CITY OF LUBBOCK (Rev. 4/4197) Page 3 of 8
(4) Compensation for Services.
(a) For Services described in Exhibit A, the Engineer's compensation shall be computed on the basis set
forth in Exhibit B, which is attached hereto and incorporated herein by reference.
(b) If so provided in Exhibit B, direct expenses incurred by the Engineer in providing the Services
described in Exhibit A shall be reimbursed to the Engineer. Reimbursable direct expenses shall mean the actual
expenses incurred directly by the Engineer in connection with performance of the Services, including, but not limited
to, reasonable expenses for travel and meals; obtaining bids or proposals; telephone calls and electronic messaging; and
reproduction of reports, drawings, specifications and similar items. Technical use of computers for analysis, design
graphics, etc., will be billed at $25.00 per hour.
(c) If the Engineer's compensation hereunder is on an hourly, rather than a lump sum fee basis, the parties
have estimated costs and expenses for the various portions of the scope of services described in Exhibit A and such costs
and expenses are set forth in Exhibit B. The Engineer will not exceed the limits set forth in Exhibit B without the
authorization of the Client.
(d) No deduction is to be made from the Engineer's compensation on account of any penalty, liquidated
damages, or other amounts withheld from payments to the Contractor.
(5) Compensation for Additional Services. If upon the request of the Client, the Engineer agrees to
perform Additional Services hereunder, the Client shall pay the Engineer for the performance of such Additional
Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (i) the payroll costs
incurred by the Engineer in providing such Additional Services multiplied by a factor of 2.75, plus (ii) the reimbursable
direct expenses, as defined herein, so incurred by the Engineer in providing such services multiplied by a factor of 1.15.
For purposes of this Agreement, payroll costs shall mean salaries and wages paid by the Engineer to any and all of its
personnel for performance of the Additional Services, including, but not limited to, engineers and other technical
personnel, and administrative support staiiy plus the cost of customary and statutory benefits including, but not limited
to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health, retirement and
pension benefits, sick leave, vacation and holiday pay applicable thereto.
(6) Method of Pa ent.
(a) Invoices will be submitted by the Engineer to the Client monthly for services performed and expenses
incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a lump sum fee
basis, the statements will be based upon the portion of total Services actually completed at the time of billing. if the
Engineer's compensation is on an hourly basis, the statements shall be based on time actually expended in providing
the Services at the rates provided in Exhibit B. Payment of each such invoice will be due within twenty-five (25) days
of receipt. Interest will be added to accounts not paid within 25 days at the rate of five percent (5%) per annum. If the
Client fails to make any payment due the Engineer for services and expenses within thirty (30) days after the Engineer's
STD AGREEMENT - CITY OF LUBBOCK (Rev. 4/4/97) Page 4 of 8
transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend
services under this Agreement until it has been paid in full all amounts due.
(b) If the Client objects to any statement submitted by the Engineer, he shall so advise the Engineer in
writing giving its reasons within fourteen (14) days of receipt of such bill or all such objections shall be waived.
(c) The Client acknowledges and agrees that the payment for services rendered and reasonable expenses
incurred by the Engineer pursuant to this Agreement is not subject to any contingency.
(7) Use of Documents. All documents, including but not limited to drawings, specifications and data
or programs stored electronically, prepared by the Engineer are related exclusively to the services described herein.
They are not intended or represented to be suitable for partial use or reuse by the Client or others on extensions of
this project or on any other project. Any modifications made by the Client to any of the Engineer's documents,
including without limitation the partial use of the Engineer's documents, or any reuse without written verification or
adaptation by the Engineer to specific purposes intended will be at the Client's sole risk and without liability or legal
exposure to the Engineer. The Client shall indemnify, defend and hold the Engineer harmless from all claims,
damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting therefrom. Any
such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the
Client and the Engineer.
(8) Opinions of Cost. Since the Engineer does not control the cost of labor, materials, equipment or
services furnished by others, methods of determining prices, or competitive bidding or market conditions, any and
all opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials,
shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and
qualified professional, familiar with the industry. The Engineer cannot and does not guarantee that proposals, bids
or actual costs will not vary from opinions of cost prepared by it. If at any time the Client wishes greater assurance
as to the amount of any cost, it shall employ an independent cost estimator to make such determination. Engineer's
services required to bring costs within any limitation established by the Client will be paid for as Additional Services
by the Client.
(9) Termination. The obligation to provide further services under this Agreement may be terminated by
either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Engineer
will be paid for all services rendered to the date of termination, and all expenses subject to reimbursement. If the
Engineer's compensation hereunder is determined on an hourly basis, the amount payable to the Engineer for services
so rendered shall be established on the basis of the time and authorized expenses actually incurred on the Project to the
STD AGREEMENT - CITY OF LUBBOCK (Rev. 4/41V7) Page 5 of 8
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date of its receipt of notice of termination. If the Engineer's compensation under this Agreement is a lump sum, upon
such termination the amount payable to the Engineer for services rendered will be a proportional amount of the total
fee based on a ratio of the services done to the total services which were to have been performed, less prior partial
payments, if any.
(10) Insurance. The Engineer is protected by Workers' Compensation insurance, employer's liability
insurance, professional liability insurance, and public liability insurance for bodily injury and property damage and
will exchange certificates of insurance upon request. If the Client specifically directs the Engineer to obtain increased
insurance coverage, the Engineer will take out such additional insurance, if obtainable, at the Client's expense.
(11) Liability. In performing its professional services hereunder, the Engineer will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing
in the same or similar locality at the time the services are provided. No other warranty, express or implied, is made
or intended by the Engineer's undertaking herein or its performance of services hereunder. The Engineer agrees that
during the period in which an action otherwise could be brought against it, the Engineer will hold the Client harmless
from loss, damage, injury, or liability arising directly and solely from the negligent acts or omissions of the Engineer,
its employees, agents, subcontractors and their employees and agents. Under no circumstances shall the Engineer be
liable for lost profits, for extra costs or other consequences due to changed conditions, or for costs related to the
failure of contractors or materialmen to install work in accordance with the plans and specifications.
(12) DJ,spute Resolution. All claims, counterclaims, disputes, and other matters in question between the
Client and the Engineer arising out of this Agreement or its breach shall be submitted first to mediation. Failing to
reach agreement thereby and at the discretion of the Engineer or the Client, the matter shall then be submitted to
binding arbitration in accordance with the Texas Arbitration Act. Any arbitration or civil action must be commenced
within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes.
No arbitration proceedings shall include by consolidation, joinder, or in any other manner, any party other than the
Client and the Engineer, and arbitration in respect of a specifically described claim, counterclaim, dispute or other
matter in question shall not be expanded to include any other issue. The restrictions of the previous sentence as to
parties to and issues of the arbitration proceedings may be amended by specific written approval of the Client and the
Engineer for each exception.
(13) Hazardous Substances. The parties understand and agree that in seeking the professional services
of the Engineer, the Client does not request the Engineer to undertake to perform any services, studies, or tests, or
to make any determinations involving hazardous substances, as defined by federal law. Therefore, the Engineer
undertakes no such obligation, and the Client agrees to hold harmless, indemnify, and defend the Engineer from and
against any and all claims, losses, damages, liability, and costs arising out of or in any way connected with the
STD AGREEMENT - CITY OF LUBBOCK (Rev. 4/4/97) Page 6 of 8
presence, discharge, release, or escape of contaminants or hazardous substances of any kind, or environmental liability
of any nature, in any manner related to services performed by the Engineer under this Agreement. If any condition
regarding a hazardous substance, including but not limited to asbestos, is observed by the Engineer or is alleged during
the course of the performance of the services hereunder, the Engineer shall have the right to cease all services until
the hazardous substance condition has been eliminated. The Engineer shall have the responsibility to notify the Client
of any such condition of which the Engineer becomes aware, and the Client shall be solely responsible for the
elimination of the hazardous substance condition. If the services to be performed by the Engineer hereunder cannot
be performed because of the existence of the hazardous substance condition, the existence of the condition shall be
deemed to be a substantial failure on the part of the Client to perform in accordance with the terms of this Agreement,
through no fault of the Engineer, for the purposes of termination under paragraph (9).
(14) Assignment and Subcontracting. Nothing under this Agreement shall be construed to give any rights
or benefits in this Agreement to anyone other than the Client and the Engineer, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not
for the benefit of any other party. Neither the Client nor the Engineer shall assign, sublet or transfer any rights under
or interest in this Agreement without the written consent of the other. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement. It is expressly agreed and understood that the Engineer is authorized to subcontract a portion
of the services to Lee Engineering, Inc. Nothing contained in this paragraph shall prevent the Engineer from employing
such independent professional associates and consultants as the Engineer may deem appropriate to assist in the
performance of services hereunder.
(15) Confidentiality. The Client hereby consents to the use and dissemination by the Engineer of
photographs of the Project and to the use by the Engineer of facts, data and information obtained by the Engineer in the
performance of its services. Notwithstanding the foregoing, with respect to any facts, data or information specifically
identified in writing by the Client as confidential, the Engineer shall use reasonable care to maintain the confidentiality
of such identified material.
(16) Controlling Law. This Agreement is to be governed by the law of the State of Texas.
(17) Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to the respective
parties hereto, their legal representatives, executors, administrators, successors and assigns.
(18) Merger: Amendment. This contract contains the entire and fully integrated agreement between the
parties, and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings,
STD AGMEAFNT - CITY OF LUBBOCX (Rev. I/4/97) Page 7 of 8
whether written or oral. This Agreement can be supplemented or amended only by a written document executed by
both the Engineer and the Client.
(19) SeverabilitG Waiver of Provisions. Any provision in this Agreement that is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such
provision in any other jurisdiction. Also, the non -enforcement of any provision by either party shall not constitute a
waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
CLIENT:
• / ::a /
i• �
APPROVED AS TO C NT:
Aryl D. Hart, Jr.
City Traffic Engineer
APPROVED A§ TO FORM:
Harold Willard
Assistant City Attorney
ENGINEER:
KIMLEY-PQRN AND 4SSOCJMS, INC
IC Y: M174 AV
Assoctla
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STD AGREEMENT - CITY OF LUBBOCK (Rev. 4/4/97) Page 8 of 8
EXI IT A
SCOPE OF SERVICES
Ilacknround
The Computerized Traffic Control System Upgrade Feasibility Assessment/Concept Design (hereinafter
referred to as "the Study"), which was prepared by the Engineer for the Client in 1996, recommended short-
range improvements to provide improved control and monitoring of 27 southwest Lubbock intersections
which now have Type 170 controllers and dial -up communications with the central minicomputer. The
Study specifically recommended:
■ Use of the Wapiti software which is already licensed to the City; and
■ Provision of wireless, spread spectrum communications between the "local" Type 170s and Type
170 field masters, which presumably would initially have dial -up telephone communications with
the central microcomputer.
Although the provision of improved system control for these 27 intersections remains a top priority, the
following events subsequent to the completion of the Study have affected the manner in which such system
control should be provided:
■ The Traffic Engineering staff has identified a means within the existing Computran software to
effect the automated download of a clock update three times per day; and
The City Manager has identified additional funding that can be used immediately for the
implementation of signal system improvements.
Accordingly, it has been determined that the best approach is proceed with the implementation the new,
permanent Advanced Transportation Management System (ATMS), the initial phase of which will include
the following elements:
IN The procurement, most likely using "high-technology" methods, of the new central software and at
least the key elements of the new central hardware; and
■ The design and implementation of an initial geographical phase which will include the 27
intersections in Southwest Lubbock.
It is assumed that the new central software must be able to communicate with Type 170 controllers and
desirably should be able to communicate with the City's existing Naztec controllers.
Another event subsequent to the completion of the Study has affected assumptions regarding the available
options for communications mediums for the new ATMS. Recent discussions with Cox Communications
(Lubbock's CATV franchisee) have indicated that bandwidth on Cox% subscriber cable will most likely not
be an option. Cox has indicated, however, that dark fiber may be available in some locations for lease by
the City.
EXHIBIT A -- SCOPE OF SERVICES Page 1 of 6 April,, 1997
sk 1 -- Project Management and Control
btask 1.1 -- Proiect Reports and Invoicine
The Engineer's compensation for Tasks 1, 2, and 3 shall be on a lump sum basis and the Engineer's monthly
invoicing shall consist of a brief report which shows, in tabular form, the percent to which each task is
complete. The Engineer's compensation for Tasks 4 and 5 shall be on an hourly basis and the Engineer's
monthly invoicing for these tasks shall include a brief description of the services performed and shall provide
an itemized documentation of the personnel costs and direct expenses. It is mutually agreed that no other
progress reports will be required.
Subtask 1.2 -- Project Records and Files
The Engineer shall set up and maintain a system for retention of project files and records.
Subtask 1. 3 -- Project Coordination
It is mutually understood and agreed that the Client will name one (1) City of Lubbock Traffic Engineering
staff member to serve as the Client's representative for the purposes of this project and that all technical
comments from all agencies relative to the Engineer's services and deliverables will be routed through and
consolidated by this representative. In the event of discrepancy between the comments of the various
reviewers and agencies, it is mutually understood that the Client's representative will provide final direction
to the Engineer.
The Engineer shall develop a framework for project coordination and shall maintain coordination with the
Client (through its representative) for the duration of the Project. This shall include documentation of
meetings and correspondence with other City of Lubbock departments, the Texas Department of
Transportation (TxDOT), utility companies, and any other agencies involved in the Project.
Task 2 -- Procurement of Central Hardware and Software
ask 2.1 -- Determine Recommended Procurement Strate
It is understood that the City desires for the new ATMS software to be generally similar to that now in use
in Colorado Springs. The Engineer will confer with the vendors of the Colorado Springs software and
similar software packages and develop an updated comparison matrix of: (1) features provided by the
various packages; (2) central hardware requirements; and (3) approximate cost.
The Engineer shall also confer with other Texas cities (including Beaumont, Dallas, Garland, and
Richardson) regarding their experience with the high-technology procurement process which is authorized
by Texas law. The Engineer will determine the exact process used by these cities to select their traffic
control systems and any modifications they would make for future high-technology procurements.
During this subtask, the Engineer shall also assess the advantages and disadvantages of two alternate means
of procuring the central hardware:
EXHIBIT A -- SCOPE OF SERVICES Page 2 of 6 April 4. 1997
■ Procuring the central hardware and central software together, in the same high-technology
procurement; or
■ Procuring the central hardware and software separately.
The Engineer shall prepare a brief Technical Memorandum 2.1 summarizing the findings and
recommendations relative to procurement strategies. The Engineer shall then meet once in Lubbock to
discuss these findings and reach concurrence regarding the process to be used in Lubbock.
Deliverables: Technical Memorandum 2.1(10 copies)
Subtask 2.2 -- Develop Procurement Package(s) for New ATMS Central Hardware and Software
The Engineer shall develop the "first -step" procurement package(s) for an ATMS software package which
incorporates the desired features. (Depending on the outcome of Subtask 2.1, this package may also include
the procurement of the central hardware; alternately, two separate procurement packages will be developed.)
Each package will include specifications and schematic diagrams as necessary to define the requirements
of the hardware and software.
Especially in the case of the software, it is anticipated that the specifications will primarily be functional,
defining all required capability but allowing substantial latitude as to how the vendor accomplishes that
capability. For both hardware and software, the specifications will clearly define the required interface
standards.
In the event the central hardware is not included in the same high -procurement with the central software, the
Engineer will develop the specifications for the procurement of the new central hardware will presumably
will consist of standard microcomputers and peripherals and standard local area network devices (switches,
hubs, terminal servers, etc.). If the hardware is procured separately from the software, it is also anticipated
that the final central hardware requirements will be determined in conjunction with the selection of the
software vendor and that the central hardware will not be procured until the software procurement contract
has been executed.
To the maximum practical extent, each procurement package will incorporate standard, City of Lubbock
forms and bid documents. The Engineer shall, however, develop the non-standard documents (request for
proposal, for example) which are unique to high-technology procurements.
The required items for each procurement package will be prepared in draft form and submitted to the City
for review. The Engineer shall then meet once in Lubbock to receive comments and reach consensus
regarding revisions. The Engineer shall then finalize and submit the procurement packages.
Deliverables: Draft procurement packages (5 copies)
Final procurement packages (1 set of camera-ready originals, 2 sets of hard copies, and 1 set
of the associated electronic files)
EXHIBIT A — SCOPE OF SERVICES Page 3 of 6 ApTil,. 1997
Task 3— Design of Interim Communications System
Many factors relating to the ultimate communications system are unknown. At this time, however, the
following assumptions appear reasonable:
■ Bandwidth on the Cox CATV subscriber cable will most likely not be available. Accordingly, the
new ATMS communications system will most likely involve a network architecture.
■ Segments of dark fiber, including portions of LP&L's initial ring, are currently available for
incorporation in this network.
■ Whether or not the Communications Master Plan recommends an integrated citywide network, the
time required to plan and implement such a network will likely necessitate the consideration of an
interim, wireless communications system for the 27 intersections in Southwest Lubbock.
Accordingly, this task is structured to support the design and implementation of an interim communications
system, which will consist of:
■ Wireless, polled communications between one or more master radios in Southwest Lubbock and
secondary radios at each of the 27 intersections; and
■ An interim communications link between the Traffic Operations Center (TOC) at Municipal Square
and the master radio(s). One option for this link is the interim use of two fibers in the LP&L ring.
(It should be noted that all of part of the this task may be combined with the procurement of the ATMS
central hardware and software as part of a high-technology procurement.)
Subtask 3.1 — Evaluation of Options for Communications Between the TOC and the Master Radio()
The Engineer shall evaluate the following options for communications between the TOC and the master
radios:
■ A fiber optic link which incorporates and makes interim use of two (2) fibers in the LP&L ring;
■ Leased telephone lines; and
■ Wireless.
Each of these options will be evaluated with respect to initial cost, time to implement, and projected life -
cycle cost (including operating and maintenance costs) for the assumed duration of the need for this interim
communications link. In the case of the fiber optic link, consideration will also be given to the value of any
newly -constructed segments in an ultimate communications network.
The Engineer shall prepare and submit a brief Technical Memorandum 3.1, which summarizes the results
of Subtasks 3.1 and 3.2. The Engineer shall then meet in Lubbock to receive comments and reach
concurrence on the design concept to be used.
Deliverable: Technical Memorandum 3.1(10 copies)
EXHIBIT A -- SCOPE OF SERVICES Page 4 of 6
Apvil4, 1997
Subtask 3.2 -- Preparation of Specifications
The Engineer shall prepare specifications for the procurement of the spread spectrum equipment and for the
implementation of the selected alternative for the TOC-to-master radio communications link. If the fiber
optic option is selected for the latter, a schematic design will be prepared for installation by City forces of
new fiber segments to connect the TOC with the LP&L ring and to connect the ring with the master radio(s).
If the wireless option is used, a design will be prepared for either contractor installation or installation by
City forces, whichever is determined to be most appropriate. If the leased telephone option is selected, this
will include the specific requirements for the service to be leased.
The Engineer shall prepare and submit a draft specifications and schematic designs for the City's review.
After receipt of comments, the Engineer shall prepare and submit the final specifications and schematic
designs.
Deliverables: Draft specifications and schematic designs (5 copies)
Final specifications and schematic designs (1 set of sealed originals, 2 hard copies, and 1
set of the associated electronic files)
Task 4 — Additional Assistance During System Procurement and Implementation
Subtask 4.1 -- Additional Assistance During Procurement of Software and Hardware
As requested and authorized by the Client and up to the budgetary limits set forth in Exhibit B, the Engineer
shall provide additional assistance relative to the procurement of the new ATMS central software and
hardware. Such assistance may include the following:
■ Participation in preproposal conference(s) in Lubbock;
■ Preparation of addenda as may be required to respond to questions raised at the preproposal
conference and/or to modify the procurement documents;
■ Assistance with the review of the technical proposals and provide recommendations;
■ Preparation of documents required for the subsequent steps of the high-technology procurement
process;
■ Assistance with the review of the cost proposals; and
■ Assistance with the final negotiations and award of procurement contract(s).
Typical Deliverables:
Addenda (1 set of camera-ready original plus I set of the associated electronic files)
Draft procurement packages (5 copies)
Final procurement packages (1 set of camera-ready originals, 2 sets of hard copies, and 1 set
of the associated electronic files)
EXHIBIT A -- SCOPE OF SERVICES Page 5 of 6 Apn1 4. 1"7
Subtask 4.2 -- Assistance During Implementation Phase of New AIMS Software and. Hardware
As requested and authorized by the Client and up to the budgetary limits set forth in Exhibit B, the Engineer
shall provide assistance relative to the procurement of the new AIMS software and hardware. Such
assistance may include the following:
■ Participation in a pre -implementation conference;
■ Assistance with the review of submittal data;
■ Assistance with acceptance testing at interim completion points; and
■ Assistance with final acceptance testing.
Task 5 — Miscellaneous Assistance as Requested by the Client
On an as -needed basis as requested by the Client and up to the budgetary limits set forth in Exhibit B, the
Engineer shall provide other miscellaneous assistance relative to the Project.
-- END OF EXHIBIT A --
EXHIBIT A -- SCOPE OF SERVICES Page 6 of 6 April.. 1997
EXEI[IBIT B
COMPENSATION
1. It is mutually agreed that compensation for the services for Tasks 1 through 3, as described in
EXHIBIT A, shall be made on a lump sum basis, with payments to be made on the basis of percent
complete by task. The parties have agreed that the Engineer's total compensation for this lump sum
portion shall be $95,137.00, allocated as follows among the three tasks:
Task
Cost
Percent of
Total
1 Project Management and Control
$8,822.00
9.27%
2 Procurment of New ATMS Central Hardware and Software
$64,749.00
68.06%
3 Interim Communications System for New ATMS
$21,566.00
22.67%
TOTAL FOR LUMP SUM PORTION (Tasks 1, 2, and 3)
$95,137.00
100.00%
It is mutually agreed that compensation for the services for Task 4, as described in EXHIBIT A, shall be
performed, as needed and as requested by the Client, on an hourly basis plus reimbursable direct expenses.
Personnel costs shall be billed at the hourly rates in effect at the time the services are performed. It is
mutually agreed that the maximum amounts authorized shall be as follows:
Task
Budget
4 Additional Assistance During System Procurement and Implementation
$62,879.00
5 Miscellaneous Assistance as Requested by the Client
$10,000.00
MAXIMUM TOTAL AMOUNT FOR HOURLY PORTION (Tasks 4 and 5)
1 $72,879.00
It is mutually agreed that the Engineer will not exceed this maximum total amount for the hourly portion
without additional, written authorization from the Client.
-- END OF EXHIBIT B --
EXHIBIT B — COMPENSATION Page 1 of 1 Aril., 1"7