No preview available
HomeMy WebLinkAbout13734 ORD - 05/18/1977jkh:5- 17 -77; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, OFFICE OF TRAFFIC SAFETY, TO FUND A PROGRAM OF MEASURING SKID - RESISTANCE COEFFICIENTS ON MAJOR CITY STREETS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND THE LOCAL DISTRICT OF THE STATE DEPARTMENT OF HIGH- WAYS AND PUBLIC TRANSPORTATION TO CARRY OUT THE AFORESAID TRAFFIC SAFETY RELATED PROJECT, ALL AS MORE FULLY SET FORTH IN THE TWO SEPARATE PROGRAM CONTRACTS, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with the State Department of Highways and Public Transportation, Office of Traffic Safety, to fund a program of measuring skid- resistance coefficients on major City streets, all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A ". SECTION 2. That the City Manager be and he is hereby authorized to execute a contract between the City of Corpus Christi and the local District of the State Department of Highways and Public Transportation to carry out this traffic safety related project, as more fully set forth in the contract, a substantial copy of which is attached hereto, marked Exhibit "B ", and made a part hereof. SECTION 3. The necessity to authorize execution of the aforesaid contracts at the earliest practicable date in order that the traffic safety projects may commence without delay 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 MlCfl O - LRED JU! 0 71980 137 s4 • suspension of the Charter rule and that this ordinance take effect and be in full force and effe9 from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the_ff day of May, 1977. ATTEST: w AP�jt�IED: DAY OF MAY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci A torney MAYOR THE CITY OF CORPUS CHRISTI, TE • i I ` TEXAS TRAFFIC SAFETY PROGRAM CONTRACT STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OFFICE OF TRAFFIC SAFETY • THECONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON TMS, PROJECT. DUHINO Inc rcww �.�c�..o... �. �..•- •- ..••- ••• - -- - - -- CONDITIONS OF THUS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATION& SIGNATURS OF PERSON AUTHORIZED TO COMMIT OTS SIGNATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR R. Marvin Townsend, City Manager N7LE TITLE AUSTIN. TEXAS 78701 PROJECT 7 7 6 3 0 3 2 1 PR0 ;iC. W42 - Skid Resistance Testing — City of Corpus Christi 8a.EF O¢SCAIPTIDN OF PROTECT IFOR DEmLs. SEE STATEMENT OF WORKI City streets in Corpus Christi, and Test the Coefficients of Friction on selected inventory the data for the various types of roadway surfaces in use. GOA`s Reduce traffic accidents in the City METHOD OF EVALUATION OR OETAXS. SEE STATEMENT OF %VORRI which result from slick streets by 40 %. Administrative Assessment. COST CATEGORY AMOUNT FUNDNG PERIOD AMOUNT SOURCES OF FUNDS AMOUNT PERSONALSERWCES FEDERAL(402)..... 6,435.00 CONTRACTSERYICES OCT: DEC......... GTSF ............ COKMOD(TIES...... JAN. -MAR. ........ . . OTHER DIRECTCOST APR.aUN......... 4,826.25 INDIRECT COST JUL.- SEP.......... 1,608.75 _ „s „ -, - PROFIT .... ..... LOCAL ........... .. TOTAL TOTAL 6,435.00 TOTAL 6,435.00 iYPE OF ROMBUASaUENT BASIS OF REIMBURSEMENT (FOR -ACTUAL REIMBURSEMENT LIMITS LUMPSU M. COST' CONTRACTS ONLY) - 1. MAXIMUM AMOUNT ELIGIBLE FOR 6.435.00 OTS WILL REIMBURSE THE CONTRACTOR REIMBURSEMENT 9 MAY BE EXCEEDED DCOST PERUMTOFWORK AN AMOUNT EOUAL`1'O _ % OF ALL 2. NO COST CATEGORY MORE THAN 5% C09TPLUSFO(EOFEE a ELIGIBLE COSTS. ` BY 3. ONLY THOSE COSTS INCURRED DURING PERIOD SHALL BE ❑ SP£CIFICRATES OTS WILL REIMBURSE THE CONTRACTOR MAN AMOUNT EQUAL TO OF ALL THE FOLLOWING ELIGIBLE FOR REIMBURSEMENT: a ACTUALCOST __L0_(6 EuG19LE CO979 IN THE CATEGORIES IDENTIFIED IN THE STATEMENT OF WORK. TO 09/30/77 4. THE CONTRACTOR MUST BEAR ALL COSTS FOR DETAILS• SEE STATEMENT OF WORK NOT ELIGIBLE FOR REIMBURSEMENT • THIS CONTRACT INCLUDES_ ATTACHMENTS • M THE'EVE•VT OF ANY INCONSISTENCY OR CONFLICT BETWEEN PROVISIONS AND /OR REQUIREMENTS OF THIS CONTRACT. THE INCONSISTENCY OR CONFLICT SMALL BE RESOLVED BY ASSIGNING AN ORDER OF PRECEDENCE TO EACH. ACCORDING TO THE FORM OR ATTACHMENT IN W RICH IT APPEARS, USING THE FOLLOWING ORDER: 1. CONTRACT (THIS FORM) 2. iI ATEMENT OF WORK (ATTACH4ENT 1) S. GENERAL PROVI91ON9(ATTACHMENT2) Y SPECIALPROVISIONS(ATTACN#AENT3) S. OTHER o FEGETAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMININO ELIGIBILITY OF COSTS ONLY BY "CONTRACT CHANGE NOTICES” EXECUTED IN ACCORDANCE WITH OTS POLICY b o ThIS CONTRACT MAYBE AMENOEO THECONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON TMS, PROJECT. DUHINO Inc rcww �.�c�..o... �. �..•- •- ..••- ••• - -- - - -- CONDITIONS OF THUS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATION& SIGNATURS OF PERSON AUTHORIZED TO COMMIT OTS SIGNATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR R. Marvin Townsend, City Manager N7LE TITLE ATTACHMENT 1 STATEMENT OF WORK PROJECT I FR F.CI'UZ* v1E STONE SC. i WLE AND ME FNOD OF E'. A:JA h.3N I. The Office of Traffic Safety (OTS), State Department of Highways and Public Transportatio;., shall: A. Reimburse the City for all allowable costs (up to the limit shown on Page 1 of this contract) expended for the following: 1: Skid Resistance Testing. 2. Police officers salary. 3. .Street Department Engineering work. 4. Administrative costs from the Traffic and Transit Dept. S. The City will bear all other costs. B. Provide Technical assistance when requested or as needed. II. The City of Corpus Christi shall: A. Secure an agreement from the State Department of Highways and Public Transportation District 16 to conduct the skid resistance testing. B. Provide police officers for traffic control. C. Provide Pre - engineering services and maps. D. Provide administration from the Traffic and Transit Department. E. Utilize the Skid Test Information to prioritize their street - resurfacing program. E. Continue the Skid Testing Program to determine the wearing characteristics and friction characteristics of the various types of surface materials to predict high skid accident locations. G. Submit three copies of the Texas 'Traffic Safety Program Report at the end of each quarter (June and October). H. Provide OTS with a summary of the State Department of Highways and Public Transportation Skid Resistance Test Program on the City-streets. The State Department of Highways and Public Transportation shall: A. Conduct a Skid Resistance Testing Program on the selected City streets of Corpus Christi. B. Provide the City with the test data. ]IS Foam A3 1 NEW V?5 PAGE 1 OF _ TEXAS TRAFFIC SAFETY PROGRAM CONTRACT PAGE 2 O 2 PRWCT NUMBER REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS I. CONTINGENT FEE: (check appropriate boxes) The contractor represents (a) that it I I has, h9 has not. employed or retained any company or person (other than a full -time bona fide employee working solely for the offeror) to solicitor secure this contract, and (b) that it O has, ® has not, paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the contractor) any fee, commission, percentage, or brokerage fee contingent upon or result- ing from the award of this contract: and agrees to furnish information relating to (a) and (b) interpretation of the representation, including the term "bona fide employee ", see Code of Federal Regulations, Title 41. Chapter 1, Subpart 1 -1.5.) il. EQUAL OPPORTUNITY: (check appropriate boxes) The contractor represents that it(R has, ❑ has not• participated in a previous contractor 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 No. 11114; that it(I has, ❑ has not. filed all required compliance reports. and that representations, indicating submission of required compliance reports, signed by proposed subcontractors. will be. obtained prior to subcontract awards. 111. AFFIRMATIVE ACTION PROGRAM: (check appropriate box) The contractor represents that (1)it L'�: has developed and has on file ❑ has not developed and does not have on file at each establishment affirmative action programs as required by the rules and regulations of the Secre- tary of Labor (41 CFR 60 -1 and 60 -2), or (2) it❑ has not previously had contracts subjectto the written affirm- ative action program requirement of the rules and regulations of the Secretary of Labor. H. CERTIFICATION OF NONSEGREGATED FACILITIES: The contractor certifies That it does not maintain or provide for employees' facilities which are segregated on the basis of race. color, religion, sex or national origin, whether such facilities are segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such segregated facilities. V: The contract recipient agrees as a necessary condition for reimbursement of Costs, to prepare monthly and /or quarterly progress reports in a timely manner, and in accordance with instructions furnished by the Governor's Office of Traffid Safety. Vt CLEAN AIRACTCOMPLIANCE: For all contracts in excess of S100,000, the recipient agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. Violations shall be reported to OTS and the Regional Office of the Environmental Protection Agency. VIL PRINCIPAL PLACE OF PERFORMANCE: The location of the plant or place of business where the item(s) will be produced or the principal services will be performed under the contract is: CITY Corpus Christi COUNTY ffiueces STATE Texas VIII. ASSURANCE. The contract recipient hereby assures compliance with all terms, conditions and general and special provisions for this contract. including attachments. S-6YAWRE CF PERSON AUTHOAIZED TO COWMIT CONTRACTOR DATE R. Marvin Townsend, City Manager CONTRACTOR'S PROJECT DIRECTOR D TE Edward R. Renville, Asst. Traffic Engineer P. 0. Box 9277, Corpus Christi, Tx. 78408 P. 0. Box 9277, Corpus Christi, Tx. 78408 384-3011. )c--200 C • Re: Project #77 6303 21 Skid Resistance Testing - City of Corpus Christi ATTEST: APPROVED: DAY OF APRIL, 1977: J. BRUCE AYCOCR, CITY ATTORNEY City Secretary Assistant City Attorney Contract No. 77-6303 -21 Title Attachment 2 GENERAL PROVISIONS CHECK LIST The following provisions contained in "General Provisions for Contracts" - Form GC -2A, are hereby included as a part of this contract by reference: I. Definitions II. Changes III. Disputes © IV. Conditions for Termination Prior to Completion V. 'Excusable Delays ® VI. Non - Collusion ❑x VII. Contract Period Established VIII. Cost Provisions IX. Method of.Payment (Check one) ❑ A. • Lump Sum ❑ B. Cost Per Unit Work [� C. Cost Plus a Fixed Fee . ❑ D. Specific hates of Compensation ® E., Cost X. Terms and Conditions of Pa}lment rX1 XI. Inspection ❑ XII. Property..Accountability © XIII. Retention ® XIV. Ownership of Data and Creative Material ® XV. 'Reports XVI. Equal Opportunity ' Gx XVII. Overtime Compensation G XVIII. Convict Labor 121 XIX. Subcontractual (Applies to all Federal and Most State contracts' ❑ XX. Utilization of Small Business Concerns xQ XXI. Order of Precedence j]x XXII. Assignment, Subletting and Transfer' XXIII. Cancellation �x XXIV. Contractor's Liability �x XXV.. Save Harmless XXVI. Tax and.Compensation Liability C]x XXVII. Reimbursement of Eligible Expenditures 0 XXVIII. Application of Hatch Act (Applies to all Federal contracts) ❑x XXIX. Standards for Grantee Financial Management Systems Q XXX. Procurement procedures (Applies to Federal grants to State agencies and communities only) [x XXXI. Cost of Living Council Regulations (Applies to all Federal contracts) x� XXXII. Minority Business Enterprise GC -2 8/75 Page 1 of 1 • SPECIAL PROVISIONS • 1. Unless prior approval in writing is obtained from the Office of Traffic Safety, State Department of Highways and Public Transportation, no costs may be incurred after the end of the contract period specified. 2. No indirect costs and no contractual services shall be eligible for reimbursement other than those identified in the Supplemental Agreement executed by the City of Corpus Christi and the State Department of Highways and Public Transportation District 16. 3. Costs are subject to verification by Office of Traffic Safety State Depart- ment of Highways and Public Transportation auditor. Documentation by source document should be available. No matching ratio is intended to be established for this contract. K. Approval of this contract is for the stated contract period only. This approval does not commit of promise to commit funding for any subsequent contract period. .• !J Administrative Cost Contribution for De artment of Traffic S Transit, 6 Street Div. Pe2artment of Traffic 6 Transit Dennis R..Trevino Administrative Assistant Salary - 6.77 per hour - 24 hours Car 11ileage - 50 fey @ 1.00 per mile Material Benefits - Social Security - 5.85% of Salary 162.48 T.M.R.S_ - 5.95E of Salary 162.48 Insurance - Group Workman's Comp Liability Street Division Labor: One (1) Construction Inspector I (Frank Schlegel), 32 Hours @ $5.83 /Per hour One (1) Engineering Aide (Cefe valenzuela), 32 Hours @ $2.99 /pet hour Equipment: One (1) Sedan, 25 Hours @ 5.20 /per hour $ 162.48 50.00 5.00 217 00 9.50 9.66 19.16 1,68 8:56 1.34 11.58 $ 217.00 19.16 11.58 $ 247.74 $ 186.82 95.81 130.00 $ 412.63 • • Skid Test — State Department of Highway's and Public Transportation Skid Coefficient Testing: 396.8 lane miles @ $ 9.30 /lane mile $ 3,700.00 Proses PR- 1,3,4,5,6,'; 7 . llrl5 , INSTRUCTIONS Pon PREPARATION OF A TEXAS TRAPFIC SAFETY PROGRAM PROJECT CLA17t AND PERIODIC WORT SCOPES This document provides inatruetiono for the completion of OTS forma PR- 1,3,415.6, and 7t referred to collegtively As the 'TEXAS TRAFFIC SAFETY PROGRAN•CZ h AND PERIODIC REPORT' (Enclosures 1 thru 61, GF�YF.RAL1 1. Project Claimm and periodic reports Ara required undo; the terms of most Texas Traftie Safety Program contracts. Tbrea types of claim/report forms may be specified by contract; these instructions shall be used if WAS form. PR -1 is specified. . 2. The OTS contract may require that project claims and periodic reports be submitted monthly, or quarterly, or out time (stay). 3. The attachment forma (VR- 3,4,5,6, and 7) shall be assumed to be required suslaac tha contract. (or other written directions from OTS) states otherwise. 4. It is racomocndad that a copy of the project contract and all changes thereto be reviewed before preparing a pro- ject claim and periodic report.. PREPARATTON'OF OTS PORlt PR -1 (Enclosure IFa 1. PIRAL REPOR^i - Chock the appropriate block indicating whether or Act this is the final report to be submitted under this contract. 2. PROJECT TIT= - Enter the project title As abcvn On the .contract. OTS Pam G-4 Now 12/75 Page 1 of 17 T i 3. PROJECT NUMER - Enter the project number, as shown on the_centract, in the blocks provided, 4. ¢fONTFILY /0151RTERLY REPORT - Chock the appropriate block. 29 the contrast requires monthly reports, the claim and report shall cover exactly one calendar month for lace, if at the beginnLig or and of the project); inaort the applicalla calendar month and year. 29 the contract re- quires quarterly reports, the claim and report shall coves exactly 0130 quarto; (or portion thereof) of a fiscal Year (Oct. 1 - Dos. 31, Jan. 1 - par. 31, Apr. 1 - Juno 30, .or July 1 - Sept. 30)t chock the appropriate quarter and enter the calendar year. �. EXPENDITURES FOR THE REPORTING PERIOD - A. GENERAL, - 1) Routina - DnleDn otherwise approved in writing by OTS, expenditures &ball be recorded on a cash baeiat i.s., a coat shall be claimed in the period during which it in actually paid. However, since all costa eligible for reimbursement under the con- tract must be claimed during the period of the Con- tract, any allowable costs incurred during the con - tract period, but paid after the contract period, shall be claimed during the final reporting period (monthly or quarterly) of the Contract. Examplos wages and/or e.-ployao benafits for the last weak (or month) of the project are frequently paid after the and of the project; they ahould, however, be Pago 2 of 17 Y Contract Number. 77-16 -178 -1 INTERLOCAL COOPERATION ACT CONTRACT This Contract and Agreement is entered into by and between the State Agency and the Local Govermental Body shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of the "In- terlocal Cooperation Act ", Article 4413(32c) V.C.S. I. CONTRACTING PARTIES: The Receiving Party: City of Corpus Christi The Performing Party: State Department of Highways& Public Transportatia II. STATEMENT OF SERVICES TO BE PERFORMED: The "Performing Party" agrees to perform skid test operations on various streets within the city limits of Corpus Christi for the "Receiving Party ". III. BASES FOR CALCULATING REIMBURSABLE COSTS: See attached estimate. File 18.303 -1 Page 1 of 2 IV. CONTRACT AMOUNT: The total amount of this contract shall not exceed Three thousand six hundred and ninety dollars and twenty -four cents ($3,690.24) V. PAYMENT FOR SERVICES: Receiving Party shall pay for services received upon receipt of a proper invoice or voucher prepared by the Performing Party within thirty (30) days from receipt of same. Payment for services performed shall be billed lump sum upon completion. Payment received by the Performing Party shall be credited to its current appropriation item(s) or account(s) from which the expendi- tures of that character were originally made. VI. TERM OF CONTRACT: This Contract is to begin May 1, 1977 and shall terminate_ August 31, 1977 THE UNDERSIGNED CONTRACTING PARTIES do hereby certify that, (1) the ser- vices specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected par- ties of Local and State Government, (2) the proposed arrangements serve the interest of efficient and economical administration of Local and State Government, and (3) the services, supplies, or materials contracted for, if involving a State agency as one party to the contract, are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied un- der contract given to the lowest responsible bidder. Receiving Party further certifies that it has the authority to contract for the above services by authority granted in Article 4413(32c) V.C.S. and /or The authority for execution is accomplished under Minute Order No. 70104. RECEIVING PARTY City of Corpus Christi Name of Agency By: Authorized Signature Title Date PERFORMING PARTY State Department of Highways and Public Transportation Name o By: AurthWized Signature Chief Engineer of Maintenance Operations 4 Titles Date 0.1i, J ZZZZ File 18.303 -2 Page 2 of 2 elm 4 Hach. -T 0.p ,t—t District No... 16 P]WJECT EST13UTE For Maintenance Special jobs or Day Labor Construction County Co. .78 Hwy. Kind of Control See. Job . ........ . . No . .•...•..... Project . ........ . No. No.....__.... No. ....... Struct. _ No..--- Limits: FX=: - St—r-eets within the City Limits of Corpus Christi ------- . ..... Length . . .. . . ....... ..... Ff. ...... .... --------- ------------------ -- ... ............ ......... Length . ... ................ Mile, Pres6t Condition: Proposed WOrk. Perform skid test operations on various streets within the city limits of Corpus Christi. Prepared By:—Harold C. ZUh1ke, - District � MintE.O. Aril 11 77 WAT (IF I CIVANTM WWCE ANOURT Traffir Count TOW ................... s 3,690.24 Fatal + Injury Plus ---7a Engineering and Contingencies........ Accidents in 19--.- TOTAL ES77MATE ............................ 3, 690.24 Fatal + Injury Accident Rate Per 100 Million Vehicle Miles in Recommend r6 X— ...... VV &ccomWmgfd by kft" of yeWW="Md&tj= In dwpLf..W.) • • 77—%ay Christi, Texas of 19 1i 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of.the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the allowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by the ollowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 13734