HomeMy WebLinkAboutResolution - 2702 - Contract - Deshazo Starek & Tang - Study, 10 High Accident Intersections - 12/17/1987Resolution #2702
December 1.7, 1987
Item #20
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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
DeShazo, Starek & Tang, Inc. (consultants), to conduct a study of ten
(10) high accident intersections in the City of Lubbock with the
intersections to be studied and determined by the City Traffic Engineer,
the Texas State Department of Highways and Public Transportation District
Five Engineer, 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 17th day of December . 1987.
�1 • C.1�i c�
B. C. McM=, MAYOR
AT1'ESTt
Ranet a Boyd, City Secretary
Traffic Eng1nr
.s WD •FORK:
J. Wrth Fullingim, Assis ity
Att rney
120287
CITY OF LUBBOCK, TEXAS
CONSULTANT CONTRACT_
Resolution #2702
THIS CONTRACT is made and entered into by and between the CITY OF
LUBBOCK (City) and DESHAZO, STAREK & TANG, INC. (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 December 17, 1987, and shall
terminate on or before September 30, 1988, unless otherwise termi-
nated 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 $ 18,995 including fixed fee of the amount not to
exceed $ 1,727. The Consultant will be paid on the basis of reim-
bursable cost plus fixed fee in accordance with the Fee Schedule
attached hereto and marked Exhibit B. All allowable costs for re -
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imbrusement under this contract must be in accordance with 48 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.
1. 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
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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.
8. 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
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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
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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,
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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-
vection 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.
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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 1985, 1986 and 1987, at the office of the City Traffic
Engineer.
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EXECUTED THIS the day of 'Dccer,. e,r , 1987, by CITY.
CITY OF LUBBOCK
DESHAZO, STAREK & TANG, INC.
PI 601-k 16 - Am&
B. C. MCMINN, 01CONTRACTING OFFICE
Mayor
ATTEST:
City S cret�ary, Ranette Boyd
APPROVED AS TO CONTENT:
AV;06 'e. "-X"
David E. Woos ey,
Traffic Engineer
V CC- 10A / D eT
TITLE
APPROVED AS TO FORM:
J rth Fu lingim,
A s stant 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 1.1.
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 July 1, 1985 - June 30, 1987.
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
4 0
EXHIBIT B
FEE SCHEDULE
Direct Labor
Hours
Rate
Total
Principals
28
$35.00
$
980
Directors
8
$23.00
$
184
Managers
72
$18.00
$
1,296
Senior Associates
48
$17.00
$
816
Associates
102
$15.00
$
1,530
Support Staff
50
$10.00
$
500
308 $ 5,306
Labor Overhead
_
1.51 $ 8,012
Direct Expenses
Traffic Counts $ 1,600
Travel $ 1,200
Reproduction $ 800
Telephone, Postage, Misc. $ 350
$ 3,950
Total less fee $17,268
10% fee $ 1,727
sssscoa
Total $18,995
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