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HomeMy WebLinkAboutResolution - 040871G - Agreement - Simpson & Curtin Inc - Mass Transit Study - 04_08_1971oy0�9/6 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 an agree- ment between the City of Lubbock and Simpson & Curtin, Inc., covering a mass transit study, attached herewith which shall be spread upon the min- utes of the Council and as spread upon the minutes of this Council shall con stitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th 1 ATTEST: i La nia Lowe, ty Secretary -Treasurer APPROVED AS TO FORM: d O. Senter, Jr., Ci SIMPSON S. CURTIN I d 05 LdCUST STR EET,ADE LPHIA, PA. 19102 215 KI 5-8000 // April 19, 1971 Mr. Wayne Sherrell Director of Traffic City of Lubbock Box 2000 Lubbock, Texas 79408 Dear Wayne: Enclosed please find three copies of the Agreement between the City of Lubbock, Texas and Simpson & Curtin, executed by us on this date. In accordance with your letter of April 14th, we will expect to receive one copy of the contract when it has been fully executed. very truly yours, i I;tb MICHAEL G. FERRERI MGF/sac Enc. s r SIMPSON & CURTIN, INC. STANDARD PROVISIONS FOR PROFESSIONAL SERVICES Effective November 1, 1970 Provisions for engineering services and expenses have been developed in accordance with "Charges for Consulting Engineering Services specified by the American Society of Civil Engi- neers in its standard manual — ASCE No. 45, April, 1964. Services The following rates will apply to actual time devoted by professional and staff employees to each engagement, computed to the nearest half hour: Officers — $40.00 to $45.00 per hour Senior Engineers/ Transit Consultants — $23.00 to $35.00 per hour Assistant Engineers/ Transit Analysts — $19.00 to $25.00 "per hour Junior Engineers/ Transit Assistants — $15.00 to $20.00 , per hour Engineering Aides — $ 8.00 to $16.00 per hour Clerks and Stenographers — $ 7.00 to $11.00 per hour Field Checkers — $ .5.00 to $ 9.00 per hour Simpson & Curtin, Inc. reserves the right to make adjustments for individuals within these classifications as may be desirable, in its opinion, by reason of promotion or demotion or change in wage rates generally. Such adjustments will be limited to the manner in which charges are com- puted and billed and will not, unless so stated in writing, affect other terms of an agreement such as total estimated project cost. —1— SBIPSON & CURTIN, INC. The foregoing rate classifications embrace all employees of Simpson & Curtin, Inc., part- time and temporary as well as permanent employees. Expenses Actual living expenses will be billed to the client for Simpson & Curtin personnel assigned to a project while away from their home office. All transportation expenses incurred by Simpson & Curtin personnel while engaged on a project and away from home office will be billed to the client at cost. Transportation charges in- curred by use of personal automobile will be billed at 100 per mile traveled plus storage, parking and toll charges. All other costs, such as materials, purchased items, long distance telephone, reproductions and other expenses applicable to the project, together with sales and use taxes thereon, will be charged to the client at cost. —2— LUBBOCK TRANSIT TECIINICAL STUDY P R O J E C T B U D G E T Consulting Services Local Services Phase Man -Days Cost Other Cost Total Man -Days Cost Other Cost Total 1 18 52;480 $700 33,1S0 170 S9,500 $750 119,250 2 25 3,440 — 3,440 l0 S00 —. S00 3 15 2,040 400 2,440 S 250 250 4 30 4,08.0 800 4,880 I 20 1,000 — 1,000 28 3,81¢ 600 4,410 10 S00 — 300 6 _ 22 3,160? — 3,160 10 S00 — S00 7 12 1,630 — 1,630 10 Soo — S00 8 24 3,420 400 3,820 15 750 — 750 9 36 5,140 400 S,S40 25 1,250 . — 1250 210 $29,200 $3,300 $3Z500. 2T S13,750 $750 S15,500 • Includes eoudtict of rrinsit origindestination sun•ey and mail oter, kotne iatcrricu• stuJr einr will entnplctc studies a"i code resttlts .In order.to determine what policy and service changes may be necessary to revitalize,Lubbock Bus Company, the'•city must undertake a study to: (1) determine -the severity of the current transit problem in order to assure continued transit service (2) map out a program de'signed`to upgrade the.level of service offered; (3) assess the need for public assistance and the form most suited for the Lubbock area; and (4)_explore areas of finan- cial assistance under the federal mass transit program.A nine - phase program is necessary,to fully realize these study objec= tives, as follows: Phase 1 - Adequacy of Transit Service Phase 2 - Program of Transit Service Improvements Phase 3 - Financial Analysis of Transit System Phase 4 - Public Participation ...Phase 5 - Appraisal of Transit System Phase 6 - Capital.Improvement Program Phase 7.- Public Relations Program Phase 8 - Evaluation 'of Alternatives Phase 9 - Program for Implementation. .These nine work items will.be explained in more detail in succeeding sections of this proposal. SIMPSON & CURTIN TRANSPORTATION ENGINEERS PHILADELPHIA, PA. .Data Required The Lubbock area transportation study developed a data bank for highway and land use plans which will be useful in assessing- transit's present and prospective role.in the community.. These data and analyses included origins and destinations of travel, de- velopment of simulation models for predicting future travel demand and projections of population growth, land use.and economic de- velopment for the metropolitan area. All prior data will be exam ined for relevance to this review of transit services. However, because of the relatively small segment of the population which uses transit, an areawide destination survey is of limited use- fulness in developing and testing detailed transit improvements. To overcome this common shortcoming, we have developed a relatively economical and effective technique for developing an on -board transit origin -destination survey. This can be conducted with the assis- tance of the bus company for data collection and help from the "city .on coding and compilation of results. The on -board O-D survey provides comprehensive information on current transit users - - it does not relate data for non -transit riders who could be diverted to an improved. service. Normally this is accomplished by conducting a home interview survey to obtain' travel and related data on a random sample basis. In Lubbock this expensive home interview technique can be shortcut by cooperation" of the city in distributing questionnaires through utility bills mailed by the city -owned electric company. Reasonable response' -rates can be anticipated if the questionnaire is kept relatively < straightforward. Aside from the aforementioned data collection, it is assumed that information which has already been collected, or is readily obtainable from other agencies,`will remain available -for our analysis. We will perform necessary field checks and inspec- tions to validate and update transit company information, but we do not contemplate collecting any data which>will,duplicate work which has -already been done. SIMPSON & CURTIN TRANSPORTATION ENGINEERS PHILADELPHIA, PA. personnel) this study will reveal travel.habits of present transit riders, including such information as trip.purpose, age and'.eco nomic status of the tripmaker, and the availability of automobiles for tripmaking.. The results of this survey will yield a compre- hensive picture of both transit trip distribution patterns and the characteristics of the transit rider. This will provide input data for the balance of Phase l - - an assessment of present transit service. -.Theadequacy of present transit service will be deter- mined by evaluating the following elements in terms of reasonable and commonly accepted standards. A. Availability .How far do people have to walk to reach transit service? How completely does the service cover the community? B. Frequency How long do people have to wait for a transit. vehicle'on transit'lines,'and why? C. Loading Standards What measures of passenger loading are used in rush and non -rush hours in developing transit' schedules? D. Dependability How much of the scheduled transit service is actually operated each day? What is the system record for 'on -time' performance? 1E. Speed of Operation , How long does it take to reach a -particular destination? Is the service fast and 'direct? F. Direct Service Do present lines provide direct service for the main flow of travel? Is there need for additional SIMPSON & CURTIN TRANSPORTATION ENGINEERS PHILADELPHIA, PA. -direct service, such as new routes bringing present feeder line passengers directly to the downtown area? G. Accommodation Service What low -patronage accommodation service does.the system provide? Should promotional services be added to stimulate transit interest even when they are'not self-liquidating? What amenities (shelters, information systems, etc.) are provided for the rider? H. Rate of Fare now does the fare structure compare.with that in other like communities? Is the 'cost of service' distributed equitably among -various classes of riders? On the basis of these field observations, together with data from planning and regulatory,sources,.a critique of existing operations will be developed. . Phase 2 - Program of Transit Service Improvements A program will be developed to remedy indicated defi- ciencies in the existing system and to achieve a plan gor more attractive service. This will consist of detailedanalysisof each route and a summary of recommended changes, including: (1) Routing for better area coverage or more effective operation; (2) Improved running time and speed of delivery; (3) Better headways to accommodate passenger loads and provide more economical operations (4) Reassignment of vehicles for improved headways' and operating speeds; SIMPSON & CURTIN TRAMPOETATion ENGINEEEs PHILADELPHIA, PA. (5) Traffic controls to expedite present transit operations; (6) Improved transit information program i Consideration will be given also -to promotional fares, including discounts for shoppers,`senior citizens, etc., and - other marketing techniques for stimulating riding. .Prospects for instituting express -bus service from the suburbs will be explored and any opportunities for serving trans- portation -intensive commercial or industrial,,activities with special transit service.will be considered- -The possibility of qualifying special services of this nature (minibuses, "club" buses or peripheral park -and -ride ' shuttle) for federal DOT demonstra- tion projects will be pursued. The experience of other cities in promoting transit ser- vice will be reviewed in assessing the -foregoing proposals, and any possibility of using programs for transit=`improvement as DOT Demonstration or Technical Grant projects will be explored. Phase 3 - Financial Analvsis of Transit Svstem A detailed evaluation will be made of present and pro- spective operations of Lubbock Bus Company Tdith short-range pro- jections of riding as a -result of fare changes, reductions in service and other operating =changes affecting passenger volume.. Operating costs will also be estimated for modifications to the transit system, including: Transportation - Drivers' wages, fuel, tires, etc. Maintenance - Mechanics, repair parts, grease and oil,•etc. Accident Prevention Insurance, claims, safety, etc.._' Administrative - Accounting, telephone,.utilities, - L- taxes, etc. - Management - Supervision. - 7 - SIMPSON & CURTIN TRANSPORTATION ENGINEERS 'fHILADEL_P_HIA, PA._ %fhe relationship of these will determine the financial capacity of the private operating Company for calendar year 1970-71. This will afford a measure of the Company's ability.to absorb prospective increases in operating expenses and maintain the current level of service. This analysis will also,provide the basis for costing future transit service improvements as developed under succeeding Items. I.Phase 4 - Public Participation The prospects of satisfying the public interest and meeting growth requirements of the Lubbock area with continued private ownership and subsidy arrangements will be"explored - with and without public assistance from -federal and local funds to provide improved transit facilities. The prospects of public ownership in light of develop - in other metropolitan areas and public assistance under the Federal Mass Transportation Act will be `analyzed. This in- quiry into public ownership will include.alternative methods of public participation, including acquiring the transit systems - - 'by negotiation or eminent domain - - together with a review of the forms of public management available for -operating the system.The latter will include staff management, professional management team, leaseback to private management, and other forms of managerial control under public ownership. This analysis of public participation will also encom- pass development of the most suitable boundaries of jurisdiction and internal structure for providing -transit assistance. Internal structure usually varies with the complexity of numbers of politi- cal entities within the present, and.project_ed service area. A so- lution which has worked well in situations similar to the one in Lubbock (the city is practically coterminous with the transit area) has been to establish a city department.of transportation, placing traffic parking and transit under common management. This can be advantageous inasmuch as the fate of transit is interrelated with the relative ease or lack thereof of traffic movement and the'availa- bility and cost of convenient parking space.` This study phase will also contain a review of.any economies resulting from public owner- ship including tax reductions, financing charges, etc. Recognition will.also be given to possible` operatingdisadvantages_ under public operation. MAPSON b CURTIN TRANSPORTATION ENGINEERS PHILADELPHIA. I .'Phase 5 - Appraisal of Transit System An inventory and appraisal of Lubbock Bus Company opera- 'tions will be made among the following classifications to deter- mine their adequacy in fulfilling" projected physical requirements: 1. Motor coaches 2. Service cars and equipment 3. Land and buildings used in garage service 4. Fare boxes and other coach equipment . 5. Shop and garage equipment - 6. Furniture and office equipment 7. Miscellaneous equipment B.. Materials and supplies 9. Intangible items of property This inventory will be based primarily upon Company prop- erty records, supplemented by field inspection of various -property accounts. A reasonable sample of property in each classification will be examined in.sufficient detail to provide present fair value for guidance on public acquisition. In developing this program, consideration will be given to availability of federal funds for new buses and other capital grants:under the Mass Transportation Act, together with the sys- r tem's ability to generate depreciation funds. - Phase 6 - Capital Improvement Program A five-year capital improvement.program will be out lined, including plans for vehicle purchase and retirement to 1976 and improvements to maintenance and garage. facilities. This program will include a schedule of.priorities regarding improve- aents,'estimated annual cost of this renewal program for each of the five years, and recommendations on means of financing•these capital improvements. Phase 7 - Public Relations Program A promotional program to improve the transit.image in Lubbock will be outlined for the various route changes, fare ex- periments and service innovations developed in previous work items. --SIMPSON & CURTIN TRANSPORTATION ENGINEERS PHILADELPHIA,'PA: -These will consist of special schedules,- direct mail pieces, out- door displays and other local and community -wide promotions to stimulate public interest in the proposed changes. This public relations activity will be tailored to specific groups - - shoppers, students, senior citizens and the like - - in coordination with the particular fare or service ex- periment being conducted. The cooperation of bus drivers and other employee groups with direct public contact.will be enlisted in this effort. Phase 8 - Evaluation of Alternatives Cost/benefit.analyses of relevant costs and benefits will be developed, both direct and indirect, financial and non-. financial. These analyses will be prepared for consideration by municipal, State and Federal officials in evaluating alternative solutions to Lubbock's transportation problems. These officials will be in a better position to -deter- mine how much the community can afford to preserve transit service and to retain or improve other .value's dependent upon it. If the community decision is to begin a publicly owned transit system, the steps for acquisition of vehicles and other facilities and for continued operation of service will be set forth. - This program will take into account the financial re- sources and capabilities of the local, government together with prospects ofcontinuing and increased federal aid. Phase 9 - Program for Implementation Based upon the. conclusions and recommendations to be derived from the foregoing five items of this technical study, a follow-up program will be provided to.promote publicunderstanding and to 'initiate the action necessary to implement these recommenda tions.'This may involve follow-up meetings with local and federal officials, to check the availability of assistance from'those sources and to coordinate this transit improvement program with similar activities of other public planning agencies. 10 AGREEMENT THIS AGREEMENT made and entered by and between THE CITY OF LUBBOCK, TEXAS, a municipal corporation and political sub- division of the State of Texas, hereinafter called "CITY, and SIMPSON & CURTIN, a corporation of transportation engineers with offices at 1405 Locust Street, Philadelphia, Pennsylvania, hereinafter called "FIRM;" WITNESSETH: WHEREAS, the CITY has determined a need for a technical study for improvement of transit operations within the City of Lubbock and surrounding area, and WHEREAS, the FIRM has prepared a Proposed Work Program designed to meet the needs of the CITY and satisfy the require- ments of the Federal Department of Transportation for financial assistance, and WHEREAS, the FIRM has specialized in the study of local transit systems, and WHEREAS, the CITY has chosen the FIRM to perform said Work Program; NOW, THEREFORE, it is mutually understood and agreed as follows: 1. DEFINITIONS The term "DOT" as used herein shall mean the United States Department of Transportation, or as the context may re- quire, the Secretary of the Department of Transportation, or other person who may at the time be acting in the capacity of the Secretary or authorized representative, or any other person:;. - 1 - authorized to perform the functions to be performed hereunder by DOT as that term is used in this Agreement. The term "GOVERNMENT" as used herein shall mean the United States of America. 2. SERVICES TO BE PERFORMED BY THE FIRM, The FIRM is retained as an indepepdent contractor to utilize its professional skills and best efforts during the term of this Agreement for the performance of the work required by -this Agreement. The FIRM will provide all professional engineer- ing, economic and 'other services necessary to complete the Work Program set.forth at pages 3 to 10 inclusive in its Proposal to City .of Lubbock, Texas for Mass Transit Technical Study, dated February 9, 1971, hereinafter called "WORK PROGRAM, attached hereto and made a part hereof as though set forth in full herein. .The FIRM has and retains the right to exercise full control and supervision of the services and full control over the employment 'and direct compensation and discharge of all .persons assisting in the performance of its services hereunder. The FIRM agrees to be solely responsible for all matters re- lating to payment of employees, including compliance with social security, withholding and all other"regulations govern- ing such matters. The FIRM agrees to be responsible for its own acts and those of its subordinates, employees and sub- contractors during the life of this Agreement. 3. WORK SCHEDULE The FIRM shall commence within two weeks of the date an executed copy of this Agreement is delivered to it and will 2 endeavor to complete the performance of services hereunder in --six months from said date. The CITY may at any time, upon written order, make changes of work items to be performed under this Agreement. If such change causes an increase in the time required for performance of this Agreement, the parties agree to negotiate a mutual agreement in respect thereto. 4. • REPORTS Upon completion of the studies, the FIRM will prepare a final report setting forth the results of its examination of each task, summaries of alternatives considered, together with its conclusions and recommendations. One hundred (100) copies of this report will be delivered to the CITY. 5. COST ESTIMATES The cost of work hereunder shall not exceed $48,000.00 This amount shall include charges for the time of engineers and other personnel of the FIRM, together with travel and other expenses paid by the FIRM in performing this study. 6. BASIS FOR CALCULATING COSTS The cost of the FIRM's services shall be based upon the scale of fees for actual time spent by assigned personnel of the FIRM to this engagement as set forth by the FIRM's "STANDARD PROVISIONS FOR PROFESSIONAL SERVICES," effective November 1, 1970, attached hereto and made a part hereof as though set forth in full herein. In addition to these fees, expenses for travel and other costs applicable to this study will be billed at actual 3 - . cost in accordance with the attached "STANDARD PROVISIONS FOR PROFESSIONAL SERVICES." 7. STATEMENTS -.PAYMENTS - AUDIT & INSPECTION OF RECORDS At the end of each month, the FIRM will submit to the CITY a'statement of its charges and expenses related to services performed hereunder for that month'and for prior months not previously billed. The FIRM will file such state meats to be processed for payment promptly. The FIRM shall permit the authorized representatives of DOT and the Comptroller General of the United States to inspect and audit.all data and records of the FIRM relating to carrying out this Agreement. B. RESTRICTIONS AND REGULATIONS Equal Employment Opportunity. In connection with the execution of. this contract, the FIRM shall not discriminate against any employee or applicant for employment because ofrace, religion, color, sex, or national origin. The FIRM shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or, transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Fair Employment Practice. The FIRM and every subcontractor performing part of the work hereof shall not discriminate•.against any employee or applicant for" employment,' to' be employed in -the `performance bf ~ Y = - 4 - this contract, with respect to his hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of his age, except where based on a bona fide occupational qualification, or his racL+, color, religion, national origin, or ancestry. Breach of this convenant may be regarded as a material breach of this contract. Prohibited Interests. , The FIRM agrees that it presently has no interest and shall not acquire any interest direct or indirect which would conflict in any manner.or degree with the performance of its services hereunder. The FIRM further agrees that in . the performance of this Agreement no person having any such interest shall be employed. No officer or employee of the CITY during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds hereof. .Interest of Members of or Delegates to Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising herefrom. 9. GENERAL PROVISIONS -(a) Services required by the FIRM under this Agree- ment shall be performed in a diligent and competent manner .___._.._and shall be subject to review and inspection by the CITY through its designated agents at all reasonable times. (b) All reports, drawings, designs, and specifications prepared by the FIRM in the performance of this Agreement shall become the property of the CITY upon payment for the services 5 - performed as specified in this Agreement, or upon any termination thereof. Any risk of loss, destruction or damage of or to said reports, drawings, designs, and specifications shall be borne by the'FIRM prior to the time when the same are received by the CITY, and any such loss, destruction or damage shall not excuse performance of the FIRM under this Agreement,. (c) Any patentable result arising out of this Agreement, as well as all information, designs, specifications, know-how, data, and findings, shall be made available to the GOVERNMENT for public use, unless DOT shall in a specific. case, where it is legally permissible, determine that it is in the public interest that it not be so made available. (d) Any reports, designs,.information, data, etc., . given to or prepared or assembled by the FIRM'under this Agreement, which the CITY requests to be kept•as confidential shall not be made available to any individual or organization by the FIRM without the prior written approval of the CITY. (e) •This Agreement and any modification hereof may be terminated by the CITY in its absolute discretion when it determines its convenience requires such termination. Upon any such termination, the FIRM shall be paid the reasonable value of any completed work in any stage of .this Agreement which has been satisfactorily performed, and the compensation for which has not already been paid hereunder, as determined, jointly by the FIRM and the CITY. Upon any such termination, the FIRM shall render a final terminal report based upon its work performed up to the date of such termination. - 6 - (f) All delays in or failure of performance by either party•under this Agreement shall not constitute default hereunder, or give rise to any claims for damages when such delays or failures are caused by circumstances beyond the control of the party concerned, including, but not limited to, decrees of GOVERNMENT, acts of God, strikes or other concerted actions of workmen, fires, flood, explosions, acts of the military and sabotage, or by any act or failure to act of GOVERNMENT or of any governmental agency, provided, however, that, as herein elsewhere provided, the FIRM shall assume all risk of loss and be responsible for the replace- ment of plans, specifications, drawings, reports and other documents when.the same are in its custody before presenta- tion, upon completion, to the CITY. (g) The failure of the CITY at any to insist upon a strict performance of any of the terms, conditions and covenants herein contained shall not be deemed a waiver of any subsequent breach or default in said terms, conditions and covenants. (h) No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the FIRM. 10. ASSIGNMENT The FIRM shall not assign or transfer any interest in this Agreement or delegate its performance of duties except upon prior written approval of the CITY. 11. DELEGATION OF POWER It is. agreed that the City Manager of the CITY may dele- „� -gate any -of the CITY' s powers or functions hekeinl/ ,or- other= 5W= wise, which are legally delegable, to any authorized person, and the CITY agrees to notify the FIRM thereof in writing. 12. MODIFICATION OF AGREEMENT This Agreement may be modified upon prior written approval of the CITY. 13. TIME Time is of the essence of this Agreement. 14. PERFORMANCE AND PAYMENT The performance of services described herein and the payment for such services shall be contingent upon the Oty of Lubbock receiving a grant, covering the transit study described herein, from the Department of Transportation or other federal agency or department. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives, as of the dates below indicated. Executed by the FIRM on the day of 1971. ATTEST: SIMPSON & CURTIN, a corporation BY BY TITLE TITLE SEAL Executed by the CITY on the day of 1971. ATTEST: CITY OF LUBBOCK, TEXAS, a municipal corporation BY: BY Lavenie Lowe, City Secretary -Treasurer J. H. GRANBERRY, MAYOR APPROVED AS TO FORM: Fred O. Senter, Jr., City Attorney -8-