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HomeMy WebLinkAboutResolution - 3117 - Agreement - Wilbur Smith Associates - Study, High Accident Intersections - 06/08/1989JWF:js RESOLUTION Resolution # 3117 June 8 1989 Item X25 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 Agreement to be entered into by and between the City of Lubbock and Wilbur Smith Asso- ciates (consultants), to conduct a study of ten (10) high accident inter- sections in the City of Lubbock with the intersections to be studied and determined by the City Traffic Engineer, and the Texas State Department of Highways and Public Transportation District Five Engineer, attached here- with, 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 _8th day of June-,. , 1989. C B. C. MCMINN, MAYOR ATTEST: seta APPROVED AS TO CONTENT: David E. Woosley, City Traffi Engineer APPROVED AS TO FORM: 053089 CITY OF LUBBOCK, TEXAS CONSULTANT CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF LUBBOCK (City) and WILBUR SMITH ASSOCIATES (Consultant), to conduct a study of ten (10) high accident intersections in the City of Lubbock. The intersections to be studied will be determined by the City Traffic Engineer and the Texas State Department of Highways and Public Transpor- tation District Five Engineer. AGREEMENT: 1. This Contract becomes effective on June 8, 1989, and shall termi- nate on or before September 30, 1989, unless otherwise terminated or modified as hereinafter provided. 2. Consultant shall perform the services identified in the statement of services, attached hereto as Exhibit A and made a part hereof, and herein called the "work". This Contract shall be administered on behalf of the City by the Traffic Engineer for the City. 3. For the performance of the work by the Consultant, City agrees to pay Consultant for all services approved by the Traffic Engineer, a sum not to exceed $ 20,000, including fixed fee of $ 2,115. The Consultant will be paid on the basis of reimbursable cost plus fixed fee. Estimated project costs are attached hereto and marked Exhibit B. All allowable costs for reimbursement under this contract must Page 1 of 12 be in accordance with 49 CFR Chapter 1, Part 31, Federal Acquisition Regulation (FAR 31). 4. The Consultant shall submit invoices to the City for payment. The City shall reimburse the Consultant 95% of those eligible program costs included on each of the Consultant's claims within thirty days from receipt of the Consultant's claim, provided the invoice is pro- perly prepared, executed and documented. The City shall reimburse the Consultant the 5% retainer upon the City's receipt of the ac- ceptable required copies of the Consultant's final report and a no- tice of final acceptance of the work done under this Contract from the State. 5. The term of this Contract shall begin with execution hereof. All work is planned to be completed within three months; however, the Consultant will not be held responsible for delays outside his con- trol such as late delivery of data supplied by the City or delays in scheduling meetings. The Traffic Engineer may extend the duration of the project. 6. The Traffic Engineer may terminate the performance of work in whole or in part on ten (10) days written notice to Consultant. City a- grees to pay Consultant for all services completed prior to the effective day of such notice. 7. The Consultant shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City. No Page 2 of 12 additional compensation shall be paid for this work. If the City finds it necessary to request changes in previously satisfactory completed work or parts thereof, the Consultant shall make such re- visions if requested and as directed by the City by supplemental agreement. This will be considered as additional work and paid for as specified under paragraph 8. S. Work not specifically described under Exhibit A, "Work Plan", must be approved by supplemental agreement to this Contract by the City before any additional work can be undertaken by the Consultant. If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes ex- tra work, the Consultant shall promptly notify the City in writing. In the event the City finds such work does constitute extra work, then the City shall provide extra compensation for doing this addi- tional work on the same basis as covered under paragraph 7 and as provided under a supplemental agreement. The fixed fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Consultant. 9. The Consultant warrants that he has access to all required equip- ment and instrumentation required for work under this Contract, and that equipment and instrumentation will be available for Contract work. All employees of the Consultant shall have such knowledge and ex- perience as will enable them to perform the duties assigned to Page 3 of 12 them. Any employee of the Consultant who, in the opinion of the City, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with this Con- tract. 10. Consultant shall defend, indemnify and hold the City, the State, and FHWA whole and harmless against any and all claims for damages, costs, injuries, and expenses to persons or property arising out of, or in connection with, any negligent act, error, or omission of Consultant, its officers, employees, agents, associates or subcon- tractors, in the performance of this Contract. 11. This Contract is made subject to the charter and regulations of the City, as amended, and all applicable laws of the State of Texas. Venue of any legal action under this Contract shall be ex- clusively in Lubbock County, Texas; and in construing this Con- tract, the laws and court decisions of the State of Texas shall control. 12. U. S. Department of Transportation Requirements. A. Audit and Inspection of Records. The Consultant shall permit the authorized representatives of the City, the U. S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data records of the Consultant relating to his performance under this Contract until the expiration of three (3) years after final payment under this Contract. The Consultant further agrees to include in all his subcontracts Page 4 of 12 hereunder a provision to the effect that the subcontractor agrees that the City, the Department of Transportation, and Comptroller General of the United States or any of their duly authorized repre- sentatives shall, until the expiration of three (3) years after final payment under subcontract, have access to and the right to examine any directly pertinent''books, documents, papers, and re- cords of such contractor, involving transactions related to the subcontractor. The term "subcontract" as used in this clause ex- cludes (1) purchase orders not exceeding $10,000 and (2) subcon- tracts or purchase orders for public utility services at rates established for uniform applicability to the general public. B. Equal Employment Opportunity. In connection with the execution of this Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Consultant shall take affirma- tive actions to ensure that applicants are employed, and that em- ployees 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 advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. C. Interest of Members of Congress. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. Page 5 of 12 D. Interest of Public Officials. No member, officer, or employee of the public body of or a local public body during his tenure or for one year thereafter shall have any interest, direct or indi- rect, in this Contract or the proceeds thereof. E. Minority Business Enterprise. In connection with the perfor- mance of this Contract, the Consultant will cooperate with the City in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises and will use its best efforts to ensure that minority business enterprises shall have the maximum practicable opportunities to compete for subcontract work under this Contract. F. Compliance With Regulations. During the performance of this Contract, the Consultant, for itself, its assignees, and successors agrees to comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regula- tions), which are herein incorporated by reference and made part of this Contract. 13. Ownership of Engineering Documents. Data, computer media, reports and maps prepared or obtained under the terms of this Contract will be delivered to and become the property of the City. Study charts, computations, original drawings, and other data prepared or obtained under this Contract will be made available, upon request, Page 6 of 12 to the City without restriction or limitation on their use. No material produced in whole or in part under this Contract will be subject to copyright. The Consultant shall submit five (5) draft copies of the final re- port to the City for review before the final printing. Twenty (20) bound copies and two (2) loose-leaf (3 -ring notebook bound) copies of the final report shall be provided after approval. The Consul- tants endorsement will be placed on the documents produced under this Contract. All official reports published by the Consultant for the City as a result of this project will contain an acknow- ledgment as follows: "Prepared in cooperation with the U. S. Department of Transportation, Federal Highway Administration." Further, for reports prepared for distribution to the public, a disclaimer statement as follows will be included: "The contents of this report reflect the views of the Consul- tant, which is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect official views or policies of the City of Lubbock, the State Department of Highways and Public Transportation or the Federal Highway Administration." 14. Arbitration. Any dispute concerning a question of fact in con- nection with the work not disposed of by agreement between the Con- sultant and the Traffic Engineer will be referred to the City Man- ager, City of Lubbock. Page 7 of 12 15. Subcontracts. The prime contractor is required to perform all work under this contract except specialized services or other tasks specifically exempted by this contract. 16. Substitution of Subcontractors. The City must approve all substi- tution of subcontractors to determine if the minority business en- terprise percentage goal will be decreased by substitution of a mi- nority contractor with a majority contractor. 17. Accident Reports. The City shall make available to the Consultant all traffic accident reports for each intersection studied occurr- ing during 1986, 1987, and 1988, at the office of the City Traffic Engineer. Page 8 of 12 EXECUTED THIS the day of , 1989, by CITY. CITY OF LUBBOCK WILBUR SMITH ASSOCIATES e• BY - acv' BY r "B. Mc i N, E. E. WALKER, JR., Mayor Regional Vice President ATTEST: 4 City Sec ary; Ranette Boyd APPROVED AS TO CONTENT: David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: J. Wotth Ful ingim, Ass' taut City Attorney Page 9 of 12 EXHIBIT A 10 HIGH ACCIDENT INTERSECTIONS WORK PROGRAM The 10 high accident intersections study work program is divided into four tasks. Each task is outlined below in several work steps. Task 1: Collect Appropriate Data --------------------------------- Subtasks 1.1 Identify needed data to be collected. 1.2 Collect data identified in Task I.I. 1.3 Summarize data and observations. Correlate findings. Task 2: Analyze Observations and Data -------------------------------------- Subtasks 2.1 Analyze data and observations summarized in Task 1 to confirm the extent of problems (or opportunities). 2.2 Determine causes of accidents and potential solutions. 2.3 Determine opportunities and alternatives to increase safety through spot improvements. 2.4 Review findings of Tasks 1 and 2 with city staff. Task 3: Develop Recommendations -------------------------------- 3.1 Evaluate alternative improvements. Also consider relative cost, right-of-way, land-use/neighborhood impacts, and institutional con- siderations; expeditious implementability should be given priority. Page 10 of 12 3.2 Develop collision diagram for each location from accident reports for the period January 1, 1986 - December 31, 1988. 3.3 Prepare an accident analysis for each intersection. Identity im- provements to each intersection which will improve safety and re- duce accidents. 3.4 Prepare a diagram showing proposed improvements for each intersec- tion. Estimate costs of .improvements. Prepare a list of proposed improvements by intersection indicating problems, recommended im- provements, costs, and estimates of benefits. 3.5 Review tentative recommendations with city staff. 3.6 Based on review input, refine recommendations and supporting material. Task 4: Reports ---------------- Subtasks 4.1 Prepare draft report summarizing findings, conclusions, and recom- mendations and transmit five copies for review by the City, State and FHWA. 4.2 Review draft report with City staff. 4.3 Revise draft report to address City, State and FHWA comments and print 20 bound copies and 2 loose-leaf (3 -ring notebook bound) cop- ies of final report. 4.4 Prepare materials for presentation to City Council. 4.5 Present findings, conclusions and recommendations to City Council. Page 11 of 12 EXHIBIT B COST ESTIMATE Direct Labor -------------------- Hours Rate Total ----- ----- ------- Principal Associates 40 28.66 $ 1,146 Engineers/Planners 144 17.35 2,498 Technicians 96 13.05 1,253 Drafters/CADD Operators 80 9.00 720 Word Processors/Tech. Typists 80 8.25 660 ------- Total ----- 440 ----- $ 6,277 Labor Overhead -------------- Direct Expenses --------------- Travel Reproduction Telephone, Postage, Misc. Total 150.92% Total Estimated Cost less fixed fee Fixed Fee Total Page 12 of 12 $ 9,473 $ 1,535 400 200 $ 2,135 $ 17,885 2,115 $ 20,000 Contractor Certification E L Walker, Jr', being (1) duly sworn or under penalty of perjury under the laws of the United States, certifies that, except as noted below, - Wilbur Smith Associates. Inc. or (2) any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: • is not currently under suspension, debarment, voluntary exclusion, or . determination of ineligibility by any federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the` past three years. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in .criminal prosecution or administrative sanctions. Exceptions: None (3) E. L. Walker, Jr. (4) Name of certifying official Regional Vice President Title June 14, 1989 Date -See Reverse for Instructions - Foran 1734 s -8a