HomeMy WebLinkAbout12538 ORD - 03/19/1975MM:e:vp:3 /19/75
1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH WILBUR SMITH & ASSOCIATES, CONSULTING ENGINEERS,
SUBJECT TO THE APPROVAL BY THE URBAN MASS TRANSPORTATION
ADMINISTRATION, TO REVIEW AND UPDATE THE CITY'S TRANSIT
PLANNING FOR THE NEXT FIVE YEARS; A COPY OF SAID CONTRACT,
IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARRED
EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be, and he hereby is, authorized
to enter into a contract with Wilbur Smith & Associates, Consulting Engineers,
subject to the approval by the Urban Mass Transportation Administration, to
review the City's transit planning for the next five years, all as is more
fully set forth in said contract, a copy of which, in substantially the same
form, is attached hereto, marked Exhibit "A ", and made a part hereof for all
pertinent purposes.
SECTION 2. That the necessity to authorize the execution of the
contract aforesaid so that this study can be commenced at the earliest possible
date creates a public emergency and an imperative public necessity requiring
the suspension of the Charter rule that no ordinance or resolution shall
be passed finally on the date of its introduction but that such ordinance
or resolution shall be read at three several meetings of the City Council,
and the Mayor having declared such emergency and necessity to exist, and
having requested the suspension of the Charter rule and that this ordinance
be passed finally on the date of its introduction and take effect and be
in full force and effect from and after its passage, IT IS ACCORDINGLY SO
ORDAINED, this the / % day of March, 1975.
ATTEST: "��77—
��-4 �:7
it ecreta MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF MARCH, 1975:
City Attor�ey
12538
STATE OF TEXAS - X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
THIS AGREEMENT entered into on the day of
1975, by and between City of Corpus Christi, 302 South
Shoreline, Corpus Christi, Texas, hereinafter referred to as
the "CITY," and Wilbur Smith and Associates, Inc., Consulting
Engineers and Planners, 1535 West Loop South, Houston, Texas,
hereinafter referred to as the "CONSULTANT."
The CITY and CONSULTANT, therefore, as the parties to
this Agreement, do mutually agree as follows:
Article I
CONSULTANT
The CONSULTANT, as an independent consulting engineering
and planning firm, covenants and agrees to provide the professional
services as hereinunder described in the Scope of Services in
Article II of this Agreement.
Article II
SCOPE OF SERVICES
The CONSULTANT agrees to undertake, perform, and complete
in an expedient, satisfactory, and proper manner all of the
professional services required by the CITY and the Urban Mass
Transportation Administration (UMTA) for the transit project
as herein described. The scope of the Urban Mass Transportation
Technical Study will include individual tasks as follows:
1
I - Data Collection and Review
1.01 Review Available Studies and Data. The study will
use existing data available from all public and
private agencies, including street and land use
maps, population, employment and socioeconomic data,
and planning projections. A review will be made
of data and previous studies by the City of Corpus
Christi, Coastal Bend Council of Governments, Corpus
Christi Urban Transportation Study and other programs.
1.02 Assemble and Review Transit Data. Transit patronage
characteristics, levels of service, management policies,
financial conditions, and legal aspects of transit
operations will be assembled for analysis. Data and
information available from the operating, financial,
and research records of the municipal bus system in
Corpus Christi for correlation with studies of trans-
portation, land use, economics, employment, and
population in the Corpus Christi urbanized area
also will be assembled for review.
The recent history of transit service will be
developed during this portion of the study and related
to the continued growth of Corpus Christi. Five -year
historical trends will be prepared from available
records and includes the following:
1. Annual passenger volumes by type for
the service and for each line or route;
2. Annual passenger revenue and operating
cost by line and service;
3. Charter, advertising and other revenue;
4. Rates of fare and passenger transfer
characteristics;
S. Operational statistics such as revenue
vehicle -miles and hours operated, vehicle
utilization during peak and off -peak hours,
and route miles of operation;
6. Wage trends and payroll strengths by
classification;
7. Distribution of operating costs such as
taxes, licenses and fees, depreciation,
claim reserves, and transportation expense; and,
8. Trends in special transit activities and
school ridership.
1.03 System Reconnaissance and Field Surveys. A reconnaissance
of the complete service area will be performed and will
include:
1. An identification of land uses along each
route, bus stop frequency, location, route
identification, and passenger amenities provided;
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2. Cordon counts for comparison of auto and
transit trips and to identify travel patterns;
and,
3. A reconnaissance of currently unserved urbanized
areas.and major generators will be conducted.
1,04 On-Board Survey of Transit Travel and Attitudes. An
on -board survey of all inbound trips on regular scheduled
transit routes will be conducted with the assistance and
cooperation of the City of Corpus Christi. Included in
the survey of patrons are: trip origin and destination;
socioeconomic characteristics of the transit user
including family income, automobile ownership, and age;
the availability,of alternative modes for trip making;
walking distance or travel mode to and from the bus
stop; trip purpose; and, passenger attitudes.
Bilingual questionnaires will be distributed on the
survey. Control counts will be made during the survey
to relate total travel demands of the system to question-
naire response, since a 100 per cent response of all
patrons will not be obtained. A statistically controlled
interview sample will be made with an expected return of
25 per cent. The sample size will vary by time of day
and line. Each scheduled inbound bus would be manned
by one locally employed field staff member. This on-
board survey will.be made using standard survey procedures
developed and employed by the CONSULTANT on previous
studies.
1.05 Attitude Survey. An attitude survey will be undertaken
of a selected cross - section of the Corpus Christi
residents on a household basis. A telephone survey
procedure will be followed. The recorded response
shall be serially numbered and readily identified with
the traffic zone from which it was selected. The CITY
will assist the CONSULTANT to obtain local civic
volunteers to participate in the telephone survey.
1.06 Code, Keypunch and Tabulate Data. All data collected
on the On -Board Survey and during the Attitude Survey
will be numerically coded and keypunched for analysis.
1.07 Load and Headway and Schedule Checks. A field study
will be performed to establish: (a) schedule adherence
and frequency of bus service; (b) passenger loads on
each bus line throughout the given day; (c) transit
service coverage in relation to land use and population
density; and, (d) check the maximum load points during
the cordon count made under Element 1.03.
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2 - Data Analysis
2.01" Analyze Transit Travel Characteristics. The Corpus
Christi transit patron's trip origins and destinations
along with other characteristics of his trip will be
analyzed and related to existing land use.
2.02 Analyze Rider Attitude. The transit patron's subjective
attitude on the quality of transit service will be
obtained and evaluated from the attitude survey portion
of the on -board survey.
2.03 Analyze Public Attitudes. The results of the attitude
survey will be used to quantify the use of public
transit which may include improved service and fares.
Analysis will be made by the use of computerized
procedures and programs developed by the CONSULTANT in
similar transit attitude surveys. Tabulations will
be made separately for riders and non - riders.
2.04 Ridership and Socioeconomic Analysis. This analysis
will be used to identify the travel characteristics
and attitudes as related to age, income level, sex, etc.
Also a correlation of existing transit service and
projected needs of! minorities, the aged, the economically
disadvantaged and other segments of the population who
inherently rely on transit will be prepared.
2.05 Determine Existing Level of Service. Major study com-
ponents will include:
1. A system inventory of routings and schedules;
field checks of passenger volumes by route,
and a determination of scheduled equipment;
2. Determinations of existing operating costs by
route, and comment on the abilities of the
existing routes to recover operating expenses;
3. A discussion of transfer policies and procedures
and an evaluation of the adequacy of existing
routes, schedules, and services; and,
4. A review of the adequacy of present service
to major passenger generators.
2'.O6 Analysis of Individual Routes. A detailed evaluation of
routings to fulfill area needs will include directness
of routings, loading standards during various time periods,
operating speeds and headways, frequency and convenience
of scheduled service, speed and dependability of schedules,
walking distance to bus stops by patrons, adequacy and
convenience of bus stops, equipment standards such as
cleanliness, comfort and passenger amenities, and the
character and amount of bus equipment and other facilities
used.
2.07 Transit Ridership Forecasting Procedure. Based upon
previously forecasted trends in population, land use,
travel and other socioeconomic factors, a matrix
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estimating procedure for forecasting transit ridership
will be developed. This approach will also include
parameters sensitive to factors derived from the
attitude surveys including fares, level of service,
and walking distance to route.
2 ;08 Facility Evaluation and Analysis. This element will
involve an inspection, inventory review, and utiliza-
tion analysis of the physical plant presently used for
administrative offices as well as for servicing, mainte-
nance and storage of the transit bus fleet. The adequacy
of these facilities for efficient management and mainte-
nance of the present and short -range future system will
be evaluated.
This will include an inspection and evaluation of
the following physical properties:
1. Fleet maintenance facilities and other real
property;
2. Transit vehicles,
3. Service vehicles and related equipment;
4. Fare boxes;
S. Shop and garage facilities, including tools,
machinery, storage racks, tanks, and pumps.
6. Fuel and lubricants; and,
7. Office equipment.
These items would be examined to determine their
service condition. Quality of maintenance and work
methods would be reviewed to check on degree and
quality.
Recommendations would be made regarding the adequacy
and efficiency of the present maintenance and operational
facilities. An analysis of future equipment needs would
be made including items, number, size, and general
specifications as well as a recommended schedule of
replacement and /or new acquisitions.
Special attention will be directed to measures
to control noise and air pollution through improved
maintenance and inspection, and use of new propulsion
systems in new equipment. The safety and comfort of
the passenger will be a primary consideration' in evalua-
tion of the equipment as well as maintenance and running
cost.
2.09 Review Special Services (Charter and Advertising). This
evaluation will be the customer information and public
relations programs presently in effect, including
information centers, advertising of routes and changes,
provisions of schedules, bus shelters, route maps and
driver training; policies pertaining to special activities
(charter and school service, retail and business associa-
tion support); and promotion of tourism and merchant -
supported activities.
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•
The suitability of these programs will be examined
in terms of adequacy, effectiveness, and expense and
ability to attract and retain transit riders.
In addition, the policies, cost, and revenues
associated with providing charter service and on -bus
advertising will be examined as revenue - producing
services.
2.10 Financial Analysis. Based on available records, trends
in user costs, special fare incentives and methods of
purchases will be evaluated and compared as appropriate
to the trends in operating and financial results and
such items as operating expense, labor costs, capital
costs, and related cost controls.
An operating and financial analysis will be made to
include-an analysis of operating revenue and expense,
non - operating revenue and expense, analysis of expenses
by function and classification (transportation mainte-
nance and servicing, fuel, tires, claims, operating
taxes and licenses, depreciation, supervision,
general administrative and debt service), management,
organization, personnel, and employee benefits. A
review will be made of the status of transit employee
pension plans, to determine their impact on the
financial soundness of the transit system.
2.11 Legal Considerations. This work will include a review
of the present legal framework within which the transit
system is permitted to operate. Included in the evalua-
tion will be such licenses, permits, and special certifi-
cates currently in force, necessary, or required by
enabling legislation and municipal ordinances. Studies
will be made of privileges, restraints, restrictions,
and options that are available to the transit system.
This work effort will provide a base for recommendations
necessary to allow improvement plans to be implemented.
The legal staff of the City of Corpus Christi will be
consulted on this phase.
3 - Development of Transit Plan
3.01 Alternative plan Elements. Types of improvements that
would receive consideration and study for inclusion in
alternative plans include the following:
1. Route adjustments;
2. Express bus service;
3. Demand Responsive service;
4. New transit service; and,
5. Crosstown routes.
Improved bus loading zones - Loading zone improve-
ments will be proposed. The recommendations include
extending zone length, adjusting to meet passenger
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and pedestrian needs, and relocation to minimize
traffic conflicts. Improvements at the bus zone to
be considered are transit street furniture, shelters
with phones, benches and other amenities.
Central- Business District - A program will be
proposed for improving public transit service and circula-
tion within the central downtown and governmental area
for the convenience of transit riders and to complement
the development of this vital part of the city. These
include traffic flow considerations and the potential
for special treatment of downtown areas.
Park and ride facilities - Along heavy travel
corridors park and ride lots are a means of encouraging
more transit patronage and reducing traffic volumes.
This program can effectively employ a fringe and out-
lying parking program with bus transit.
Exclusive and preferential bus lanes - Exclusive
access ramps from express highways coupled with
exclusive or preferential street bus lanes as a means
of improving transit service as well as total vehicular
flow will be considered.
Transit oriented street improvements - Improvements
to be considered for immediate action planning would
include: improved traffic signal system and /or special
turning lanes, improved traffic signs, provision of
transit oriented streets, and various other traffic
engineering techniques.
3.02 Alternate Approaches to Management and Operations. This
work task involves the definition and analysis of alterna-
tive approaches to transit system management and operations.
Evaluation will be made of various institutional
forms such as transit authority, special district, city
department, management contract, etc. Various coordina-
tive and control measures will be analyzed as they may
facilitate effectiveness, efficiency, and responsiveness
of transit service. The nature, degree and level of
regulation or authority with respect to service changes,
fare adjustments, and other operational features will
be considered. Criteria will be developed against
which the city may weigh transit performance and pro-
posed service adjustments.
3.03 Develop Atlernative Plan Concepts. Alternative plans
for the provisions of public transit in Corpus Christi
will be developed. The alternatives may include contin-
uance of all or part of the existing service, demand -
responsive transit either as a total system or comple-
menting scheduled service, utilization of bus lanes, or
any combination of plan elements. In developing the
various alternatives for the short -range transit program,
consideration will be given to community and environmental
aspects, land use, planning impacts, characteristic and
likely transit requirements of each system. System
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physical and operating characteristics will be
considered, as well as system development beyond
the scope of recent transportation study- related
projects and other studies.
Consideration will be given to the economic
desirability, feasibility, and financial practicality
of the various proposals by making estimates of patron-
age, revenues, operating costs, capital investments
(including debt servicing), the opportunity for con-
tinued system expansion, and the physical limitations
of the alternatives. Such estimates would be for the
short -range period (1975- 1980). The public service
needs factors would also be considered.
3.04 Ridership Forecasts. Ridership forecasts will be
made for each alternative plan utilizing the procedure
developed in Task 2.07. Forecasts will be made for
the time interval 1975 -1980 on a route basis.
3.05 Revenue. Based upon the patronage forecasts, trip
lengths, types of service, and recommended fare
structures', passenger revenue will be estimated for
each alternative. Extra sources of revenue (not subsidy)
shall be estimated. Revenue estimates will also reflect
any special fares such as differential rates for the
elderly, children's rates, transfers, and passes.
3.06 Equipment Requirements. Based upon the required level
of service and the estimated patronage, estimates
will be made of the number of vehicles required to
adequately serve passenger demand and special services.
3.07 Operating Costs. Operating costs will be estimated
for each alternative plan based upon the operational
characteristics of each alternative. Such cost estimates
will be by functional transportation expense category
but primary emphasis will be upon developing operating
costs including drivers' wages, fuel and oil, tires,
etc.
3.08 Social and Economic Considerations. A basic considera-
tion in developing the recommended short -range program
will be the identification of minority, low- income and
high - employment areas and the related socioeconomic
data for each, primarily from existing sources. The
role of the public transportation system, as improved,
in providing service to schools and the function of
school bus systems as they relate and potential overlap
with the public transportation system would be reported.
3.09 Implementation Impact. Implementation of improved and
expanded transit service will be evaluated from a
standpoint of community acceptance, citizen partici-
pation, employment, environmental, social and recrea-
tional implications and other factors.
3.10 Implementation and Fiaancing Strategy. Implementation
aspects of the recommended short -range (1975 -1980)
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transit improvement plan will include recommendations
on organization, financing, legislative requirements,
rights -of -way preservations, overall cost estimates,
,and implementational priorities. Particular emphasis
^will be placed on the staging of a time - phased, imple-
mentation program. Improvements with minimum capital
outlay will be separately identified as being implement -
able at the earliest date in conjunction with the total
program.
3.11 Plan Selection. The alternative transit improvement
plans will be presented to the CITY. The advantages
and disadvantages of each plan will be discussed with
the CITY. A rating system will be utilized to rate
each plan. The criteria for the rating process will
be evolved from the CITY'S established goals and
objectives and the CONSULTANT'S experience in efficient
transit operations. The CONSULTANT will evaluate the
results of the rating and indicate to the CITY the plan
with the "best" rating. This plan will then (after
concurrence by the CITY) be detailed in Phase Four as
the plan for implementation.
4.- Preparation of Transit Development Program
The purpose of this task is to prepare a plan and
schedule for implementation of the selected transit plan
alternative and for monitoring and evaluating operations
performance.
The work tasks included are designed to meet the
requirements of a Transit Development Program as outlined
by the Urban Mass Transportation Administration.
4.01 Routes /Service Area Development. Depending upon the
alternative an selected, route and /or service -area
recommendations will be made. Service recommendations
will include those for immediate implementation, and
those for consideration over the five -year period
covered by the TDP.
4.O2 Capital Improvements. Capital improvement needs for
the five -year period will be developed to meet initial
operation of the system and expected needs for five
years. This will include fixed facilities such as
offices, maintenance and storage facilities, as well
as required rolling stock.
4.03 Program Priorities. The five -year improvement program
will be structured on a priority basis. It is expected
that the first -year program will comprise a large
portion of the TDP.
4.04' Estimated Cost and Financing. Costs for the TDP will
be estimated in yearly (1975 -1980) increments. Revenues
will also be estimated based upon the ridership fore-
casts developed in the study. Implementation aspects
of the recommended improvement plan will include com-
prehensive recommendations as to organization, financing,
legislative requirements, overall cost estimates and
implementational priorities.
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Particular emphasis will be placed on careful
staging of a time - phased implementation program.
Staging will include considerations and requirements
of, and the transitions in time between, the various
elements recommended. Improvements with minimum
capital outlay will be separately identified as
being implementable at the earliest date in conjunc-
tion with the total program. Non - capital- intensive
improvements as well as capital- intensive improvements
will be detailed.
4.05 Implementation Responsibility. The agency or agencies
to be responsible for implementation of the TDP will
be delineated. The most efficient and effective manage-
ment and organizational structure to carry out the
operations of.the recommended transit plan will be set
forth. Recommendations will be developed in close
consultation with the CITY.
4.06 Maintenance of TDP. Procedures will be developed to
monitor both network operations and changes in community
development, in order to form a data base from which
objective management decisions can be made.
A methodology will be prepared for regular com-
pilation of patronage data, revenue statistics, and
operating cost data; and for identification of any
special service problems through continuing field
reviews and inspections.
Article III
CONSULTANT PERSONNEL
The CONSULTANT represents that it has or will secure,
and agrees to furnish, personnel with the professional classi-
fication, skill, and expertise required to perform the Scope of
Services as described in Article II. Additionally, the CONSULTANT
will assume responsibility for the Article II Scope of Services,
and will provide all necessary supervision and coordination of
activities that may be required to complete its requirements
subject to the approval and concurrence required from the
CITY.
Mr. E.L. Walker, Jr., Vice President of Wilbur Smith and
Associates, will provide general technical supervision for the
project. The actual project work will be centered in the firm's
Houston office.
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Article IV
TIME OF PERFORMANCE
WSA agrees to commence work within seven (7) calendar
days after the date of this Agreement. The work shall be
undertaken and completed in such sequence as to assure its
expeditious completion. The Scope of Services detailed in
Article II shall be completed and the presentation of the
results and recommendations accomplished in a time interval of
nine (9) months following commencement of work.
No extension of this contract will be allowed thereto
unless prior written consent of the CITY is first had and
obtained. Reasonable extensions of the schedule time shall
be granted as provided in Article X in the event of unavoidable
delays.
Article V
STUDY COORDINATION AND REPORTS
1. Coordination. Study data, analyses, findings,
and recommendations will be reviewed and coordinated with CITY
staff during the work program by the CONSULTANT.
2. Brief Progress Reports. A progress report out-
lining work completed during the preceding month and planned
activities for the next month will be submitted by the CONSULTANT
to the CITY.
3. Preliminary Final Report. Upon completion of the
work tasks, the CONSULTANT will submit ten (10) copies of a
preliminary draft of a final report to the CITY.
4. Final Reports. After review and approval of the
preliminary reports by the CITY and UMTA, fifty (50) copies of
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the final-reports will be submitted to the CITY within forty -
five (45) days.
5. Credit. The report prepared by the CONSULTANT
shall include the following statement on the title page:
" The preparation of this report has been financed
in part through a grant from the U.S. Department of
Transportation, Urban Mass Transportation Administration,
under the Act of 1964, as amended."
Article VI
COMPENSATION
The CONSULTANT shall be reimbursed for direct and
indirect costs incurred in the performance of the work defined
in Article II which are allowable under the provisions of sub-
part 1 -15.2 of the Federal Procurement Regulations in an amount
not to exceed THIRTY -NINE THOUSAND NINE HUNDRED SIXTEEN AND N01100
($39,916.00) DOLLARS including the CONSULTANT's fixed fee of
THREE THOUSAND TWO HUNDRED SEVEN AND N01100 ($3,207.00) DOLLARS.
In accord with UMTA guidelines, the basis of the
compensation for this study is indicated in Exhibit "A" and is
attached as a part of this Agreement for information. This
Exhibit is prepared on FAA Form 4400 -2 and estimates are given
for direct labor, payroll burden, direct expenses -- including
travel and subsistence, and professional services fixed fee.
A "provisional" overhead rate of one hundred sixteen
per cent (116 %) of direct salaries shall be utilized to estimate
overhead costs during the performance of this contract. It is
mutually agreed that the use of the provisional rate sets neither
a minimum nor maximum to the final overhead costs to be paid the
CONSULTANT. The final payroll burden percentage rate to be
applied will be based on an audit of both direct labor charges
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and overhead charges conducted by the CONSULTANT's cognizant
governmental audit agency or CITY audit appointee upon completion
of this contract.
Article VII
METHOD AND SCHEDULE OF PAYMENT
The CONSULTANT will submit to the CITY on or before
the 20th day of each month, commencing the month following the
approval date shown on this contract, a progress report and an
invoice itemizing direct salary costs, man - hours, direct expenses,
indirect costs, and fixed fee earned, both the report and
invoice to cover the previous calendar month.
The invoice will also provide for a 90 per cent payment
request of,the total amount due less previous monthly payments.
Final payment of the remaining 10 per cent shall be invoiced
and become due and payable upon completion and submittal of
the final report to the CITY.
The CONSULTANT shall maintain cost records for work
undertaken in accord with Article II, SCOPE OF SERVICES.
Article VIII
1. Termination. It Ls agreed that the CITY may cancel
or terminate this contract at any time by written notice by
certified mail to the CONSULTANT, with the understanding that,
after thirty (30) days following receipt of written notice of
termination, all work hereunder of the CONSULTANT and its employees
shall cease. In the event of such termination prior to completion
of the Scope of Services provided for herein, CITY agrees to
pay CONSULTANT on a prorated basis for work actually performed
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and invoiced in accordance with the terms of this contract, less
payment of any compensation previously paid.
f 2. Nonassignabilit . The CONSULTANT shall not assign
any interest in this contract nor delegate the performance of
any of its duties hereunder without the written consent of
CITY..
3. Venue. Venue and jurisdiction of any suit, right,
or cause of action arising under or in connection with this
contract shall lie exclusively in Nueces County, Texas.
Article IX
CANCELLATION WITHOUT CAUSE
Should CITY cancel this contract after its commence-
ment with CONSULTANT or should same be terminated as a result
of cancellation of the UMTA Project Grant covering this project,
then CITY will promptly notify CONSULTANT of the cancellation
by certified mail; whereupon CONSULTANT will immediately, on
receipt of the letter, cease and desist from performing any
other work or services hereunder. In such event, CONSULTANT will
be paid for professional services to said date upon furnishing
CITY progress report and invoice to such date.
Article X
TIME EXTENSIONS
The CONSULTANT may request in writing an extension of
the time of completion beyond the time of performance specified
in Article IV, and the CITY may extend the contract period if it
so warrants. The CITY shall promptly process all such time
extension requests and advise the CONSULTANT within fifteen (15)
days of its decision.
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Article XI
CHANGES
The CITY, from time to time, may require changes in
the scope of the services of the CONSULTANT to be performed
hereunder, provided the CONSULTANT agrees in writing. Such
changes, including any increase or decrease in the amount of
the CONSULTANT's compensation, which are mutually agreed upon
by and between the CITY and the CONSULTANT shall be incorporated
in written amendments to this Agreement.
Article XII
AUDIT AND INSPECTION OF RECORDS
The CONSULTANT shall permit the authorized representa-
tives of the CITY, U.S. Department of Transportation, and the
Comptroller General of the United States to inspect and audit
all data and records of the CONSULTANT relating to its perform-
ance under the contract. The CONSULTANT shall maintian complete
and accurate records with respect to its performance under the
contract. All such records shall be maintained in accordance
with generally accepted accounting principles and shall be clearly
identified and readily accessible at all reasonable times. The
CONSULTANT further agrees that the CITY shall, -until the expira-
tion of three (3) years after final payment of this contract, have
access to and right to examine any directly pertinent books,
documents, papers, and records concerning this project.
Article XIII
DISPUTES
Any and all disputes concerning a question of fact
arising under this contract which is not disposed of by agreement
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shall be decided by the City Manager of the CITY, who shall
reduce his decision to writing and mail or otherwise furnish
a copy thereof to the CONSULTANT. The decision of the City.
Manager shall be final and conclusive unless, within thirty
(30) days from the date of receipt of such copy, the CONSULTANT
mails or otherwise furnishes to the City Manager a written
appeal addressed to the CITY. In connection with any appeal
under this Article, the CONSULTANT shall be afforded an opportu-
nity to be heard and offer evidence in support of the appeal.
Pending final decision of a dispute hereunder, the CONSULTANT
shall proceed diligently.with the performance of this contract
in accordance with the CITY's final decision.
Article XIV
INDEMNIFICATION
CONSULTANT covenants and agrees to indemnify and hold
harmless and defend the CITY from and against any and all
suits or claims for damage or unjuries, including death, to
persons or property or otherwise, whether real or asserted,
arising out of acts or omissions of any officers, agents,
servants, employees or subcontractors, and CONSULTANT does
hereby assume all liability and responsibility for injuries,
claims, or suits for damages or injuries to persons, or property,
of whatsoever kind or character, whether real or asserted,
occurring during or arising out of the performance, attempted
performance, or failure of performance of this contract as a
result of any negligent act or omission on the part of the
CONSULTANT, its officers, agents, and employees. CONSULTANT
further covenants and agrees to maintain and keep in force
during the term of this contract a public_ liability policy for
personal injury and property damage insurance covering the acts
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and omissions of its agents and employees in the performance or
E attempted performance of this contract, with limits of not less
than One Hundred Thousand ($100;000.00) Dollars`for death•or
injury-to one person; Three Hundred Thousand ($300,000.00)
Dollars for death or injury to more than one person; and Fifty
Thousand ($50,000.00) Dollars for property damage arising out of
each occurrence.
Article XV
OFFICE SPACE
CITY at its own cost shall make available a limited
amount of office space and local telephones for CONSULTANT
staff in its offices in the City of Corpus Christi during
the duration of this Agreement, and as it may be extended by
written approval under the provisions of Article X.
Article XVI
OWNERSHIP OF MATERIALS
All maps, data, reports, research, graphic presenta-
tion materials, etc. developed by the CONSULTANT as a 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 Article VII for work actually per-
formed.
Article XVII
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this contract,
CONSULTANT shall not discriminate against any employee or
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applicant for employment because of race, religion, color, sex,
or national origin. CONSULTANT shall take affirmative action
to ensure.;that applicants are employed, and that employees are
treated during their employment, without regard to their race,
religion, color, sex, or national origin. Such action shall
include, but not be limited to, the following: employment,
upgrading, demotion, or transfer, recruitment advertising, lay-
off, or termination, rates of pay, or other forms of compensation;.
and selection for training, including apprenticeship.
In addition, the CONSULTANT will not participate either
directly or indirectly in the discrimination prohibited by
Section 8.4 of Title 15, Code of Federal Regulations, Part 8,
including employment. In the event that the CONSULTANT is
determined by law to be in non - compliance with the nondiscrimina-
tion clauses of this contract or with any such regulations or
orders, this contract may be cancelled, terminated, or suspended
in whole or in part.
Article XVIII
AFFIRMATIVE ACTION PROGRAM
The CONSULTANT acknowledges the development and filing
of an affirmative action program as required by the rules and
regulations of the Secretary of Labor (41CFR60 -1 and 60 -2).
Article XIX
COPYRIGHT
No report, 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 CONSULTANT.
If any contract or subcontract involves the development
of patents, a Patent Rights Clause will be required for
-18-
inclusion in the contract and will be obtained from Urban Mass
Transportation Administration.
Article XX
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 Agreement
or to any benefit arising therefrom.
Article XXI
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 year
thereafter shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.
Article XXII
CLEAN AIR ACT OF 1970
CONSULTANT hereby agrees to comply with all orders,
applicable standards, or regulations issued pursuant to the
Clean Air Act of 1970.
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IN WITNESS HEREOF, the parties hereto have executed this
Agreement in duplicate originals at Corpus Christi, Nueces County,
Texas, this day of , 1975.
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary City Manager
APPROVED:
DAY OF MARCH, 1975:
City Attorney
Director of Finance
ATTEST:
WILBUR SMITH AND ASSOCIATES, INC.
By
Vice President
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EXHIBIT "A"
TRANSIT DEVELOPMENT PROGRAM
FEDERAL AVIATION AGENCY
COST AND PRICE ANALYSIS - RESEARCH AND DEVELOPMENT CONTRACTS
Farm approved
Budget Bureau No. 04 -R128
This form is to be used in lieu of FAA Form 3515 as provided under FAPR 2- 16.260.2, it will be PURCHASE REQUEST NUMBER
executed and submitted with proposals in response to "Requests for Proposals," for the procure-
ment of research and developpment services. If yyour cost accounting system does not permit
anal xis o[ costs as r vired contact the urchasin office for further instructions.
NAME AND ADDRESS OF OFFERER TITLE OF PROJECT
WILBUR SMITH AND ASSOCIATES TRANSIT DEVELOPMENT PROGRAM
1535 West Loop South Suite 200 CITY OF CORPUS CHRISTI
DETAIL DESCRIPTION
1. DIRECT LABOR (Specify)
ESTIMATED
HOURS
RATEMOUR
TOTAL
ESTIMATED COST
(Dollars)
Principal Associate
168
2 352
En ineer
11
2
2,640
leChpirian
2
9
a 1 rical
160
A
1,000
64n
760
TOTAL DIRECT LABOR
..•X' .- ••.:.allRDEN•(5)••i
2. BU RDEN(Overhead- specify) DEPARTMENT OR COST CENTER
BURDEN RATE
BASE
—Prr)vi�;ionsl.,(hrerhp,q(i--Pt-rmanent
1-16
13 6R8
78
In
7,280
—228
'.. ..16..106.
TOTAL BURDEN
3. DIRECT MATERIAL
500
LQncr DistanCe JQjaphone
200
Printing and RVr od ction
1 100
S lies and Materials
TOTAL MATERIAL
OO
4. SPECIAL TESTING lneludinR field work at Covemment rnstnllationsJ
}
TOTAL SPECIAL TESTING
S. SPECIAL EQUIPMENT (!f direct charge - specify in Exhibit B on reverse)
6. TRAVEL (If direct charge)
e. TRANSPORTATION
b. PER DIEM OR SUBSISTENCE
1�1
1.200
TOTAL TRAVEL
76 CONSULTANTS (Ideoluy- purpose -rate)
TOTAL CONSULTANTS
_....36...574...
a. SUBCONTRACTS Speeifym £xhlbitA on reverse)
9. OTHER DIRECT COSTS (Specify in Exhibit OB on reverse- explain royalty costa, if any)
10• TOTAL DIRECT COST AND BURDEN
36,574
116 GENERAL AND ADMINISTRATIVE EXPENSE (Rate 3 %afltem nor. 3 6
135
12. TOTAL ESTIMATED COST
13. FIXED FEE OR PROFIT (State un
o
basis for t to proposal)
14• TOTAL ESTIMATED COST AND FIXED FEE OR PROFIT
cA♦ r___ s.nn .. ._
39,916
0052423-9000
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Corpus Christi, Texas
_ L4 y o f ✓ , 19Z�
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfull
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason L„ by
nes T. Acuff
Rev. Harold T. Branch
Thomas,V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark