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HomeMy WebLinkAboutResolution - 1618 - Agreement - Kimley Horn - 2 Traffic Operational Efficiency Studies - 03/22/1984�p PR %�x` 18 M k"' RESOLUTION 1618 - 3/22/84 JWF:da 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 Agreement for Engineering Services to be entered into by and between said City and the consulting engineering firm known as Kimley-Horn and Associates, Inc., 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 22nd day of March , 1984. ATTEST: Ekelyn Gaffga, City-.&�ry-Treasurer APPROVED AS TO CONTENT: /-'-" /. Larry V.&bffman; IY1X1or of Traffic and Transportion // APPROVED AS TO FORM: ��Lnim - dldnek J. th Fullingim, Assists City Attorney 186 BAR RESOLUTION 1618 - 3/22/84 01TP TARY-TREASURER ' AGREEMENT FOR ENGINEERING SERVICES BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. UkNlrb CITY OF LUBBOCK, TEXAS THIS CONTRACT, entered into as of this the 22nd day of March , 1984, by and between Kimley-Horn and Associates, Inc., hereinafter designated as the CONSULTANT, and City of Lubbock, hereinafter designated as the City. NOW THEREFORE, it is mutually agreed by and between these parties as follows: ARTICLE I CONSULTANT The CONSULTANT covenants and agrees to perform certain technicial and professional services for two studies regarding the operational efficiency of the Traffic Control Section of the Traffic Engineering Department as part of the 1983- 84 Unified Work Program for Transportation Planning in the Lubbock Urbanized Area. The scope of the work to be performed is set out in Appendix "A", "Scope of Service", of this Contract. Such work shall be performed in accordance with the terms of this Contract and for the consideration stated. The CONSULTANT covenants and agrees to perform its duties and work hereunder with diligence and in a workmanlike manner with a high degree of care to ensure the accuracy and timeliness thereof. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall exert its best professional efforts to perform and carry out in a satisfactory manner the services and provide the number of copies of -1- the report set forth in Appendix "A", attached hereto and made a part hereof. ARTICLE III DIRECTION OF WORK A. All maps, data, reports, research, graphic presentation materials, etc. prepared by the CONSULTANT as part of its work under this Contract shall become the property of the City upon completion of this Contract or any phase thereof or, in the event of termination under Article VIII hereof, at the time of payment under said Article VIII for work actually performed and accomplished. B. The CONSULTANT shall not assign any interest in this Contract, nor delegate the performance of any of its duties hereunder, without the prior written consent of the City, and the State Department of Highways and Public Transportation and any actual or attempted assignment or delegation without prior consent, shall be void. C. The CONSULTANT shall perform the tasks as outlined in Appendix "A" and document the work accomplished on a task -by -task basis in written monthly Progress Reports to the City. D. The CONSULTANT shall, by no later than the fifteenth calendar day of each month, provide a Progress Report for the preceding month's work in sufficient detail to document the amount invoiced for that month. The Progress Reports and documentation will be subject to review and acceptance by the City with any difference resolved prior to the payment of invoice. E. The parties hereto may from time to time make changes to this Contract by written amendment as approved by the City, the CONSULTANT, and the State Department of Highways and Public Transportation. In the event of changes made in the scope, character, time or performance or total cost of -2- the work to be performed, adjustment for payment and time as modified shall be determined by negotiations between and mutual acceptance by the City and the CONSULTANT. ARTICLE IV TIME OF PERFORMANCE The CONSULTANT shall commence work within two (2) weeks after written Notification to Proceed from the City. This notification shall be issued after the Contract is approved and executed by all parties to the Agreement. All work under this Contract shall be completed and final reports submitted no later than 150 days from date of Notification to Proceed, unless otherwise extended by the written concurrence of the parties hereto. Duration of this CONTRACT shall be five (5) months from the Notification to Proceed. In the event the CONSULTANT encounters delays in performance of this Contract, it may request in writing an extension of the time of completion beyond the time of performance specified. The City shall promptly process such requests and advise the CONSULTANT within fifteen (15) days of its decision. ARTICLE V COMPENSATION AND METHOD OF PAYMENT For the satisfactory performance of the professional services described in Article II, Scope of Services, the City agrees to compensate the CONSULTANT for services under this Contract by the total lump sum payment of Ten -Thousand Dollars ($10,000.00) on the basis of monthly progress reports and certified invoices submitted by the CONSULTANT relative to services provided in accord with the terms of this Contract. Each monthly invoice shall specify the percentage of work completed under this Contract by work task, the total of previous amounts invoiced, and the amount due and payable less a retainage of five (5) percent of the -3- total amount earned. The five (5) percent retainage amount shall be invoiced on a final request for payment at the time all work has been completed in accordance with the terms of this Contract as approved by the City. The payment of each invoice shall be made by the City to the CONSULTANT within thirty (30) days following their receipt and approval. The CONSULTANT shall submit a final billing within ninety (90) days following completion of this Contract. Costs eligible for reimbursement shall be defined as those allowable under part 1 to 15 of the Federal Procurement Regulations. ARTICLE VI U.S. DEPARTMENT OF TRANSPORTATION REQUIREMENTS A. Audit and Inspection of Records. The CONSULTANT shall permit the authorized representative of the Federal Highway Administration, the State Department of Highways and Public Transportation, the Comptroller General of the United States, and the City to inspect and audit all data and records and study activities of the CONSULTANT relating to its performance and its subcontracts under the Contract from date of Contract through and until the expiration of three (3) years from the date of final payment to the contractor. The CONSULTANT shall keep all financial records, i.e. monthly statements, invoices, receipts, charges and any other data and records as a result of this Contract from date of Contract through and until the expiration of three (3) years from the date of final payment to the contractor. 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, age, physical or mental handicap, or national origin. The CONSULTANT shall take affirmative actions to ensure the applicants are employed, and that -4- employees are treated, during their employment, without regard to their race, religion, color, sex, age 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. D. Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. E. Minority Business Enterprise. In connection with the performance 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 Title VI of the Civil Rights Act of 1964. In connection with the performance of this Contract, the CONSULTANT will observe and comply with applicable civil rights regulations as provided in "Appendix B" attached hereto, and made a part of this Contract. ARTICLE VII INDEMNIFICATION The CONSULTANT will indemnify, keep and save harmless the City, the State Department of Highways and Public Transportation, and the U.S. Department -5- of Transportation from all claims and liability due to its negligent acts or the negligent acts of its subcontractors, agents, or employees during the course of work. ARTICLE VIII TERMINATION OF CONTRACT It is agreed that either party may terminate this Contract all or in part at any time by written notice by certified mail, with the understanding that work hereunder shall cease as of the date stipulated in the written notice of termination. Such termination may be effected by either party when it is in the best interest of said party. On the part of the City, termination action under this clause may also be initiated in the event grant funds are withdrawn or otherwise made unavailable by the funding sources. Any termination notice will specify to what extent performance of work had been terminated and the effective date of termination. CONSULTANT shall be compensated for work completed through the date of termination, as provided for in Article V of this Contract. In case of disputes, the Traffic and Transportation Director, City of Lubbock; Senior Planning Engineer, State Department of Highways and Public Transportation; Vice -President, Kimley- Horn and Associates, Inc., and other persons as may be appointed by these listed shall form a committee and resolve all disputes to the satisfaction of all parties, in writing. ARTICLE IX ACKNOWLEDGEMENT AND DISCLAIMER Where appropriate, all documents and reports published by the CONSULTANT shall contain a statement acknowledging the cooperation and assistance of the U.S. Department of Transportation, Federal Highway Administration, and the Texas Department of Highways and Public Transportation, in the preparation and 10 l , 1 publication thereof. In addition, all documents and reports shall contain a disclaimer statement identical or similar to the following: "The contents of this report reflect the views of the author who is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the Federal Highway Administration. This report does not constitute a standard, specification, or regulation." ARTICLE X COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage brokerage fee, gifts, or other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to annul this Contract without liability, or at its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission percentage, brokerage, gift or contingent fee. ARTICLE XI CERTIFICATION OF CONSULTANT Required certifications with respect to the negotiation and execution of this Contract and the terms and conditions thereof are attached hereto as Appendix "C" and made a part hereof. -7- ARTICLE XII VENUE Venue and jurisdiction of any suit, right or cause of action arising under or in connection with the Contract shall lie exclusively in Lubbock County, Texas. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. Consultant B . of is A. Walker, Jr., Vice Pr . esfderit By: ATTEST: Evelyn Gaff gia, City Secrefallt0surer APPRQVED AS TO -CONTENT: . rloi am, i ramic arrransporta APPROVED AS TO FORM: Worth Fullingim, Assistant Vty Attorney -8- APPENDIX "A" SCOPE OF SERVICES I. REVIEW FIELD MAINTENANCE OPERATIONS A. INVENTORY EXISTING SITUATION As an initial step, the CONSULTANT will conduct discussion meetings with the staff. These discussions will serve three functions: • Inform field personnel of the purpose of the study and benefits they can anticipate from it. • Provide the CONSULTANT an understanding of the quality of work presently being performed, as perceived by the staff. • Identify problems already known to the maintenance staff. Five meetings will be required. The first will involve the City's traffic engineers. A second meeting will involve the Assistant to the Director, the Field Operations Superintendent, the Signal Engineer and the Signal Supervisor. Finally separate meetings will be held with all traffic signal personnel as a group, with all signing personnel as a group and with all pavement marking personnel as a group. Following these meetings, the CONSULTANT will conduct on-site reviews of several recent installations each of signs, pavement markings, and traffic signals to determine: • Adequacy of the installations; and • Deficiencies in the installation which will increase the probability of the need for corrective maintenance. In considering the adequacy of the installations, the CONSULTANT will not only check for less than adequate work, we will also look for work which is "too well A-1 4 done", resulting in higher than necessary costs. As part of this task, the CONSULTANT will observe selected installation activities of the various crews. B. EVALUATION The first task in evaluating the maintenance programs will be to review the City's complaint records and maintenance records. The CONSULTANT will conduct this review for signs, pavement markings and traffic signals to determine: • Types of problems requiring correction. • Frequency, by type, of these problems. • Recurrence of specific problems, by location. • Means by which the various types of problems come to the attention of the maintenance staffs. • Measures to be taken to reduce the occurrence of the problems identified. Following this review, the CONSULTANT will meet with the Signal Engineer and the Signal Supervisor and with the Assistant to the Director and the Field Operations Superintendent to review the findings. At these meetings, the CONSULTANT will also discuss existing corrective and preventive maintenance procedures, priorities and schedules. Furthermore, the CONSULTANT will discuss and review existing records used to support the maintenance operations to determine their usefulness and what additional information would be helpful. The capabilities of each of the maintenance personnel will also be ascertained at these meetings to identify possible needs for training and as input to improving personnel utilization. The structure of the maintenance organization will be explored, as will the policies and structure for responding to trouble calls during other than normal working hours. In addition, personnel utilization during periods of inclement weather will be discussed. A-2 The CONSULTANT will review the range of equipment utilized by the various maintenance functions to determine whether or not the maintenance functions are properly equipped. This review will encompass rolling stock, traffic signal test equipment, sign fabrication equipment, pavement marking machines, motorized tools, and specialized tools. The CONSULTANT will review the City's existing specifications and purchasing procedures for traffic signal equipment, sign materials, and pavement marking materials to determine if they could be improved to reduce the need for maintenance or to facilitate maintenance. We will also review the City's existing typical installation drawings to see if maintenance related improvements can be made on them. Finally, the CONSULTANT will observe selected maintenance activities in each of the three functional areas to identify improvements which can be made in the maintenance procedures themselves. C. . RECOMMENDATIONS Following assimilation of the information gained in the inventory phase, the CONSULTANT will formulate preliminary recommendations for signal, sign, and pavement marking maintenance which will result in better service to the public through higher quality work, fewer service calls, greater staff productivity, and reduced costs. Recommendations regarding the adequacy of the maintenance work will be made. In addition, the CONSULTANT will prepare recommendations for improvement in both corrective and preventive maintenance for the functional areas. The kinds of items which may be considered will be improved materials for pavement markings and signs, refurbishing schedules for signs and markings, periodic inspection of signal installations, "windshield" surveys of signs and signals during inclement weather, proper use of the new traffic signal system for diagnosing failures, group refurbishing of signs, and group lamp replacement. A-3 I In the area of personnel utilization, the CONSULTANT will consider such things as: • The need for training the present staff to make the personnel more effective and to provide greater flexibility in utilization. • The need for adjustments in the work shifts to reduce overtime costs for after-hours trouble calls. • The need for cross -training of personnel. • The need for revision or establishment of policies on classes of trouble calls to be postponed until normal working hours. • Effective use of the new signal system in determining whether or not a trouble call can be postponed until normal working hours. • Tasks assigned to personnel and limitation on these due to the organizational structure. • The effective use of personnel during inclement weather. With regard to support for effective maintenance, the CONSULTANT will develop recommendations, as needed, for support equipment, such as vehicles, specialized tools and test equipment; needed documentation and access systems to support effective maintenance; and needed revisions to the City's various specifications and typical drawings. Following formulation of the recommendations, the CONSULTANT will meet with the City's traffic engineers and maintenance supervisors to present recommendations and adjust them, as necessary. These will then be included in a final report which will be provided to the City. The CONSULTANT will provide twenty (20) bound copies of the report to the City. A-4 II. REVIEW OF TRAFFIC SIGNAL INSTALLATION PROCEDURES A. INVENTORY EXISTING SITUATION The CONSULTANT will review Lubbock's existing traffic signal installation techniques. B. ECONOMIC TRADE-OFF ANALYSIS The CONSULTANT will perform an economic trade-off analysis of up to four alternatives for performing the task of traffic signal installation. These alternatives will be: • The existing method. (We understand that this is basically that the City installs all above ground features and contracts the installation of all underground work.) • A revised method as may be appropriate following our investigation of the current installation practices. • Complete (turn -key) contractor installation. • City making bulk purchases of major equipment for turn -key installation by contractor as needed. To accomplish this analysis, the CONSULTANT will utilize available City cost data and cost data from four other cities, adjusted to a common base. The four cities to be included in the survey will be chosen jointly by the City and the CONSULTANT. The City will survey the four cities and provide the cost data to the CONSULTANT. As part of the procedure, the CONSULTANT will consider the engineering effort and associated costs for the City to prepare plans and specifications and administer the construction under, each alternative. Furthermore, the CONSULTANT will consider the subjective advantages and pitfalls of each alternative. Based upon the analysis, the CONSULTANT will recommend an alternative to the City. A-5 C. REPORTING Following formulation of the recommendations, the CONSULTANT will meet with the City's traffic engineers and maintenance supervisors to present the final report which will be provided to the City. The CONSULTANT will provide twenty (20) bound copies of the report to the City. This report will be separate from the report on the Review of Field Maintenance Operations. A-6 APPENDIX "B" NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: The contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. B-1 (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway agency or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. When any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway agency or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the State Highway agency shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate including, but not liminted to, (a) withholding of payments to the contractor until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every .subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway agency or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. B-2 APPENDIX "C" REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGEMENTS I. TYPE OF BUSINESS ORGANIZATION: The contract recipient represents that the firm operates as a corporation. II. SMALL BUSINESS: The contract recipient represents that the firm is a small business concern. A small business concern for the purpose of Government procurement is a concern, including its affiliates, which is independently owned and operated, is not dominate in the field of operation in which it is bidding, and can further qualify under the criteria, as prescribed by the Small Business Administration. (See Code of Federal Regulations, Title 13, Part 121, as amended, which contains detailed industry definitions and related procedures.) Number of employees is 136. III. CONTINGENT FEE: The contract recipient represents (1) that the firm has not employed or retained any company or person (other than a full-time bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) that the firm has not paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above, as requested by the contracting officer. (NOTE: for interpretation of the representation, including the term "bona fide employee", see Code of Federal Regulations, Title 41, Chapter 1, Subpart 1-1.5). IV. EQUAL OPPORTUNITY: The contract recipient represents that the firm has participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order 10925, or the clause contained in Section 201 of Executive Order 11114; that the firm has filed all required compliance reports; and that representations indicating submission of required compliance reports, signed C-1 by proposed subcontractors, will be obtained prior to subcontract awards. V. PRINCIPAL PLACE OF PERFORMANCE: The location of the plant of place of business where the item (s) will be produced or the principal services will be performed under the contract is: CITY DALLAS COUNTY DALLAS STATE TEXAS VI. ASSURANCE: The contract recipient hereby assures compliance with all terms, condition and general and special provisions for this contract. NAME OF CON SIGNED BYE TITLE: Vice President C-2 LEY -H & ASSOCIATES INC. DATE: _117- -r,R4