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HomeMy WebLinkAbout13753 ORD - 05/25/19773kh:5- 24 -77; 1st • TEXAS: AN ORDIRnNCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, OFFICE OF TRAFFIC SAFETY, TO FUND A PROGRAM TO DEVELOP A PLAN AND IMPLEMENTA- TION PROGRAM FOR CERTAIN TRAFFIC ENGINEERING AND SAFETY IMPROVEMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND WILBUR SMITH AND ASSOCIATES, INC., AN ENGINEERING CONSULTING FIRM, TO UNDERTAKE THIS ASSIGNMENT, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN TWO SEPARATE PROGRAM CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE 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 between the City and the State Department of Highways and Public Transportation, Office of Traffic Safety, to fund a program to develop a plan and implementation program and certain traffic engineering and safety improvements, all as more fully described and set forth in the said contract, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That the City Manager be and he is hereby authorized to execute a contract between the City and Wilbur Smith and Associates, Inc., an engineering consulting firm, to undertake the aforesaid assignment, as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "B ". . SECTION 3. The necessity to authorize execution of the afore- said contracts in order to develop programs for traffic engineering and safety improvements 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 neces- sity to exist, and having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from MICROFILMED 11110 71980 STATE OF TEXAS X COUNTY OF NUECES X Exhibit "B" • KNOW ALL MEN BY THESE PRESENTS: This CONTRACT, made as of this day of , 1977, by and between the City of Corpus Christi, 302 South Shore- line, 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 re- ferred to as the "CONSULTANT." WITNESSETH THAT: WHEREAS, the CITY is actively engaged in the improvement of traffic flow and traffic safety in the City of Corpus Christi; and, WHEREAS, the CITY desires to develop a plan and an imple- mentation program for improvements in traffic operations, traffic control devices, and such other items as may be necessary to achieve the safe and efficient movement of traffic i.i) the City of Corpus Christi, Texas; and, WHEREAS, the systematic treatment of specific problem areas is intended to reduce traffic accidents in the State of Texas; and, WHEREAS, the CITY desires to employ the CONSULTANT to pro- vide professional engineering services in connection with such a Traffic Engineering Study which will be made in cooperation with and financially supported by the Office of Traffic Safety, State Department of Highways and Public Transportation. This contract is a subcontract under Office of Traffic Safety Contract S(77) a and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the �r day of May, 1977. ATTEST: City Secretary APYED: AP OF MAY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By 4 4 9^(4m Assistant My Attorn y MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and force with or without the signature of the Mayor, in accordance with Article II Section 6 of the City Charter. • Exhibit "A" TEXAS TRAFFIC SAFETY PROGRAM CONTRACT • STATE DEPARTMENT OF HIGHWAYS ARID PUBLIC TdANSPOR'TATION OFFICE OF TRAFFIC SAFETY OTS FORM A30 NEW 91'5 NATIONAL AUSTIN, TEXAS 78701 6 1 3 STANDARD PROJECT NUMBER PROJECT NAME , Traffic Engineering Survey - City of Corpus Christi BRIEF DESCRIPTION OF PROJECT (FOR DETAILS. SEE STATEMENT OF WORK) To employ a firm to provide professional traffic engineering services in order to gain information to be used in developing solutions to traffic safety problems, GOALS TO collect and analyze basic data on METHOD OF EVALUATION [FOR DETAILS, SEE STATEMENT OF WORK) tr�ff' ciryuiat'on capadbilitie signin Administrative Assessment. an o er a #iC cci�e ts. COST CATEGORY AMOUNT FUNDING PERIOD AMOUNT SOURCES OF FUNDS AMOUNT PERSONAL SERVICES FEDERAL (402) ..... CONTRACT SERVICES $32,000 OCT:DEC......... OTSF............ $32,000 COMMODITIES...... JAN. -MAR. ........ OTHERDIRECTCOST APR•jUN• . , , ..... $ 8,000 24,000 - COST..... JUL•SEP.......... PROFIT ........... MINDIRECT LOCAL........... TOTAL $32,000 TOTS $32,000 TOTS 32 000 TYPE OF HEIMBURSEAM BASIS OF REIMBURSEMENT (FOR "ACTUAL REIMBURSEMENT LIMITS LUMP SUN COST, CONTRACTS ONLY) 1. P9AX109UM AMOUNT ELIGIBLE FOR ❑ OTS WILL REIMBURSE THE CONTRACTOR REIM13URSOWENT 3 32,000 ❑ COST PER UNIT OFWORK AN AMOUNT EQUAL TO -% OF ALL 2. NO COST CATEGORY MAY BE EXCEEDED ELIGIBLE COST& BY MORE THAN 696 COST PLUS FIXED FEE 3, ONLY THOSE COSTS INCURRED DURING ❑ SPECIFIC RATES OTS WILL REIMBURSE THE CONTRACTOR MAN AMOUNT EQUAL TO 100 % OF ALL THE FOLLOWING PERIOD SHALL BE ELIGIBLE FOR REIMBURSEMENT: 51 ACTUAL COST ELIGIBLE COSTS IN THE CATEGORIES IDENTIFIED 6/1/77 TO 9/30/77 IN THE STATEMENT OF WORK. 4. THE CONTRACTOR MUST BEAR ALL COSTS FOR DETAILS, SEE STATEMFAT OF WORK NOT ELIGIBLE FOR REIMBURSEMENT • THIS CONTRACT INCLUDES 4 ATTACHMENTS • IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN PROVISIONS AND /OR REQUIREMENTS OF THIS CONTRACT, THE INCONSISTENCY OR CONFLICT SHALL BE RESOLVED BY ASSIGNING AN ORDER OF PRECEDENCE TO EACH, ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT APPEARS, USING THE FOLLOWING ORDER: I. CONTRACT (THIS FORM) 2. STATEMENT OF WORK (ATTACHMENT 1) 3. GENERAL PROVISIONS( ATTACHMENT 2) 4. SPECIAL PROVISIONS (ATTACHMENT 3) & OTHER • FEDERAL AND STATE REGULATIONS AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS • THIS CONTRACT MAY BE AMENDED ONLY BY "CONTRACT CHANGE NOTICES" EXECUTED IN ACCORDANCE WITH OTS POLICY THE CONTRACTOR IS HEREBY AUTHORIZED TO PERFORM WORK ON THIS PROJECT, DURING THE PERIOD CITED ABOVE, SUBJECT TO THE TERMS AND CONDITIONS OF THIS CONTRACT AND ALL APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS. SIGNATURE OF PERSON AUTHORIZED TO COMMIT OTS SIGNATURE OF PERSON AUTHORIZED TO COMM CONTRACTOR R. )•tarvin Townsend, City Manager TIME TRUE- City of Corpus Christi, Texas- - -- -- DATE CONTRACTOR OTS FORM A30 NEW 91'5 • TEXAS TRAFFIC SAFETY PROGRAM CONTRACT PALL 2 OF 2 pgOJECI NUMBER ❑ REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS I CONTINGENT FEE. (check appropriate boxes) The contractor represents (a) that it Cl has, R) 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 Li has, lx 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.) II. EOUAL OPPORTUNITY: (check appropriate boxes) The contractor represents that it W has, ❑ has not, participated ins 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 it13 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. III. AFFIRMATIVE ACTION PROGRAM: (check appropriate box) The contractor represents that (1) it (i 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 subject to the written affirm- ative action program requirement of the rules and regulations of the Secretary of Labor. IV CERTIFICATION OF NONSEGREGATED FACILITIES: , The contractor certifies ihat 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 Texas Office of Traffic Safety. Vl. CLEAN AIR ACT COMPLIANCE: For all contracts in excess of $100,000, 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. VII. 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 Nueces STATF Texas VIII. ASSURANCE. The contract recipient hereby assures compliance with all terms, conditions and general and special provisions for this contract, including attachments. �/ v SIGNATURE OF PERSON AUTHORIZED 10 COMMIT CONTRACTOR DATE COO) TRACTORS PROJECT D ECTOR �l DATE R. Marvin Townsend, City Manager Edward R. Manville, Asst. Traffic Engine NAME!TITL E P. 0. Box 9277 — Corpus Christi, Tx. 78408 P. 0. Box 9277 — Corpus Christi, Tx. 7840 TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ATTACHMENT 1 STATEMENT OF WORK IN CLunE MILESTONE SCHEDULE AND MET HOD DI FVAT.UAT ION I. The Office of Traffic Safety, State Department of Highways and Public Transportation (OTS) shall: A. Reimburse the City for all allowable costs (up to the limit shown on Page 1 of this contract) expended for the following: Traffic Engineering Survey. The City will bear all other costs. B. Provide technical assistance when requested or as needed. C. Withhold 10% of the reimbursement from the City until written notification of approval of the completed project is received from the Office of Traffic Safety. II. The City of Corpus Christi shall: A. Employ a traffic engineering firm. B. Support the study and provide the following information, materials, personal services, and documentation to the consultant: 1. Previous studies regarding traffic conditions in the area. 2. Files and data concerning traffic accidents, physical street features, traffic volumes, maps, and other pertinent information. 3. Traffic sign and signal installation, especially in the Central Business District (CBD). 4. Existing traffic ordinances and codes. C. Submit two copies of the Texas Traffic Safety Program Project Claim and Periodic Report as per Attachment 4. (OTS forms PR -3, PR -5, PR -6, and PR -7 may be omitted.) Such reports shall be submitted after the June and October quarter. D. Submit 14 draft copies of the report to the Office of Traffic Safety on or before September 30. 1977. The final draft will be submitted after the approval of the FY 77 draft and the FY 78 draft to be submitted at the end of the FY 78 project, which is the continuation of this FY 77 contract. I. The Consultant shall: A. Conduct a traffic engineering survey consisting of at least the following: 1. Review the previous traffic studies and data. 2. Review and analyze traffic sign and signal installation procedures accor- ding to the Texas MUTCD. .'q ` �9.I A3 1 NEW 9: IS PAVE 1 OF ffic Engineering Survey - Corpus Christi Attachment 1 • -Page 2 of 2 3. Review and analyze the existing traffic codes and ordinances. 4. Inventory and recommend improvements for traffic circulation in the Central Business District(CBD). 5. Develop the Traffic Safety Program Draft Report. B. Compile and submit a preliminary draft report (14 copies) to be submitted to the City. Four of these copies will be sent to OTS. C. Begin work within seven days of written notification to proceed. D. Will inform the District Engineer of the local office of the State Department of Highways and Public Transportation District Office of proposed recommendations to be made to the City and progress of the report. Any differences in proposed recommendations with those of the State Department of Highways and Public Transportation will be discussed in conference prior to final report printing. E. Comply with all the requirements in General Provisions, Attachment #2 to the consultant contract. IV. Method of Evaluation Results will be evaluated in relation to project objectiveness, progress on schedules, thoroughness, and completeness of work, feasibility, and realism of recommendations and results achieved from implementing recommendations. V. Milestone Chart 1. Project Start - June 1, 1977 2. Submit Quarterly Reports - June 30, 1977; September 30, 1977. 3. Submit Draft Report - September 30, 1977. 4. Project Close - September 30, 1977. Contract No. Attachment ej raffic Engineering Survey - City,of Corpus Christi GENERAL, PROVISIONS CHECK LIST The following pr�visions contained in "General Provisions for Contracts" - Form GC -2A, are -aereby included as a part of this contract by reference: I. Definitions 7 I. Changes 111. Disputes A 1V. - Conditions for Termination Prior to Completion . A V. Excusable Delays �] VI. Non- Collusion Cj 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 Rates of Compensation E. Cost d X. Terms and Conditions of Payment E] XI. Inspection El XII. Property Accountability 9 XIII. Retention ® XIV. Ownership of Data and Creative Material ® XV. Reports ❑XVI. Equal Opportunity XVII. Overtime Compensation EYj XVIII• Convict Labor ® XIX. Subcontractual (Applies to all Federal and Most State contracts) XX. Utilization of Small Business Concerns Q XXI. Order of Precedence Q XXII. Assignment, Subletting and Transfer ❑x XXIII. Cancellation [] XXIV. Contractor's Liability x❑ XXV. Save Harmless E] XXVI. Tax and Compensation Liability ❑x XXVII. 2eimbursement of Eligible Expenditures ❑x XXVIII. Application of Hatch Act (Applies to all Federal contracts) XXIX. Standards for Grantee Financial Management Systems x❑ XXX. Procurement procedures (Appl-ies to Federal grants to State agencies and communities only) []x XXXI. Cost of Living Council Regulations (Applies to all Federal contracts) 0 XXXII. Minority Business Enterprise GC -2 8/75 Page 1 of 1 Traffic Engineering Survey - City of Corpus Christi Attachment 3 • Page 1 of 1 SPECIAL PROVISIONS I. Unless prior approval in writing is received from the Office of Traffic Safety, no cost may be incurred after the end of the contract period. 2. The Office of Traffic Safety must approve the contract and consultant selection before any costs are incurred or any work performed under this contract. The contract recipient may begin work on any associated non - contract task. 3. The Office of Traffic Safety will withhold 10% of funds from Grantee pending written approval of completed project. 4. Approval of this contract is for the stated contract period only. This approval does not commit or promise to commit funding for any subsequent contract period. 5. Costs are subject to verification by OTS auditors. Documentation by source document should be available. No matching ratio is intended for this project. 6. Any amendments to the contract between the City and the Consultant must be approved by OTS before any associated work is performed and /or costs are incurred. Pro -duros PR- 1,3.9,5,6, 6 7 11/75 INSTRUCTIONS FOR PREPARATION OF A TEXAS TRAFFIC SAFETY PROGRAM PROJECT CLAIM AND PERIODIC REPORT SCOPE. This document provides instructions for the completion of OTS forma PR- 1,3,4,5,6, and 7; referred to collectively as the 'TEXAS TRAFFIC SAFETY PROGRAM CLAIM AND PERIODIC REPORT' (Enclosures 1 thru 6). GENERAL. 1. Project claims and periodic reports are required under the terms of moat Texas Traffic Safety Program contracts. Three types of claim/report forme may be specified by contract; these instructions shall be used if OTS farm PR -1 is specified. 2. The OTS contract may require that project claims and periodic reports be submitted monthly, or quarterly, or one time (only). 3. The attachment forms (PR- 3,4,5,6, and 7) shall be assumed to be required unless the contraet.(or other written directions from OTS) states otherwise. 4. It is recommended that a copy of the project contract and all changes thereto be reviewed before preparing a pro- ject claim and periodic report. PREPARATION OF OTS FORM PR -1 (Enclosure 1). 1. FINAL REPORT - Check the appropriate block indicating whether or not this is the final report to be submitted under this contract.- , 2. PROJECT TITLE - Enter the project title as shown on the contract. 0— G-4 Nee 12/75 Page 1 of 17 3. PROJECT NUMBER - Enter the project number, as shown on the contract, in the blocks provided. 4. D10NTRLY /QUARTERLY REPORT - Check the appropriate block. If the Contract requires monthly reports, the claim and report shall cover exactly one calendar month (or less, if at the beginning or and of the project); insert the applicable calendar month and year. If the contract re- quires quarterly reports, the claim and report shall cover exactly one quarter (or portion thereof) of a fiscal year (Oct, 3 - Dec. 31, Jan. 1 - Mar. 31, Apr. 1 - June 30, or July 1 - Sept. 30); check the appropriate quarter and enter the calendar year. S. EXPENDITURES FOR THE REPORTING PERIOD - A. GENERAL, 1) Routine - Unless otherwise approved in writing by OTS, expenditures shall be recorded on a cash basis; i.e., a cost shall be claimed in the period during which it is actually paid. However, since all costs 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. Example. wages and /or employee benefits for the last week (or month) of the project are frequently paid after the end of the project; they should, however, be Page 2 of 17 claimed as costa on the last (monthly or quarterly) report of the Project. 2) Errors - In the event Of an error in the amount claimed (either an overclaim or an underclaim), an adjustment may be made on a subsequent report by entering corrections (which may be positive or nega- tive in value). if an error is found subsequent to the final report, a supplementary claim may be submitted (use form PR -1, with the words 'SUPPLEMENTARY REPORT,' entered shove the title). E. PERSONAL SERVICES, CONTRACT SERVICES, COMMODITIES, OTHER DIRECT COSTS AND INDIRECT COSTS - Enter the total amount* expended for the reporting period in the spaces provided, using the following category definitions, 13 Personal Services - Salaries and benefits of all salaried personnel (for time actually spent working on the project), travel coats (fares, mileage, etc.), and other travel expenses (per diem or room rent, meals, eta.). 2) contract se icea - Costa incurred under project subcontracts— (including consultant services). 3) Commodities - The coats of expendable materials and supplies used on the project (prorated costs may be used if approved by OTS). *The project contract shows coat by these same categoriesl if match- ing costs are shown in the contract, include them in these spaces. If matching costa are not shown in the contract, do not include these spa 06. ..most subcontracts must be approved in advance by OTS (see contract requirements. Page 3 of 17 4) Other Direct Costs - The cost of purchase of necessary accountable assets, computer services, rentals, other services, etc. 9) Indirect Costs - The percentage add -on cost authorized by contract (may include profit). NOTE, Indirect coats may be charged only when permitted by contract. The requirements for sub- stantiation of indirect costa at audit are often more severe than for direct costs. OTS forms PR- 3,4,9, and 6 shall be attached (as appli- cable) unless the requirement for these attachments has been waived in writing by OTS. C. TOTAL COST AND TOTAL COST CLAIMED FOR REIMBURSEMENT - 1) Total Cost - This is the sum of the costs, listed above (for the reporting Period). 2) Total Cost Claimed for Reimbursement - This amount is computed on the basis specified in the contracts if the contract specifies loot cost reimbursement, this amount will equal the °total cost- (provided the total amount claimed on all reports may never exceed the °Maximum Amount Eligible for Reimburse- ment-) as shown in the contract. 6. CUMULATIVE EXPENDITURES AND CLA124S - Enter the sum of expenditures shown on this report plus those on all prior reports as cumulative actual expenditures. Cumulative actual claimed is similarly computed from claimed amounts. Planned expenditures are only reported on quarterly reports or on the last monthly report for a quarter (December, Page 4 of 17 Traffic Engineering Survey /Corpus Christi • March, June or September); enter the amount shown for the applicable Period on page 1 of the contract. The planned claimed amount shall be computed from the planned expen- diture using the reimbursement formula set forth in the contract. 7. ACCOUNTABLE ASSETS LIST - An accountable assets list is required if, and only if, accountable assets have been (physically) acquired during the reporting period. I£ assets have been acquired, check the first block and attach a copy of OTS form PR -7. If no assets were ac- quired during the reporting period, check the second block and omit the PR -7 attachment. S. SCHEDULE STATUS - List all milestones which are scheduled in the contract for completion on or before the end of the reporting period and which have not been reported as com- pleted in previous reports. Enter the milestone number (project start is milestone 01, the next milestone shown in the contract is 02, etc; Project complete is milestone 99) , the milestone name (as shown in the contract), the planned completion date (as shown in the contract), and the actual completion date, if any. NOTE, always show the latest contract information (including all Contract Change Notices). D. NARRATIVE REPORT - The narrative report is divided into three sections, Accomplishments, Problems Encountered, and Assistance Required. These sections may vary in con- tent and detail as appropriate. Sections A a B must be consistent with the report of milestones met and missed Page 5 of 17 C (section 8, above) and should cite reasons if the project is behind schedule or over budget. Section C provides the opportunity to identify problems, needs, actions re- quired by OTS, and recommendations to OTS. Any (or all) of the sections may be continued on separate sheets (in- cluded as attachments). The narrative section is an im- portent part of this report, and the project manager is encouraged to make effective use of this opportunity to communicate needs, problems, achievements, and other pertinent information. Please keep this narrative section concise and interesting. Concentrate on major points rather than details; include material of interest to other project managers. 10. PROJECT ORGANIZATION CHART - An organization chart is re- quired with the first Project report. The form or format is optional, but all key personnel, including the project manager, fiscal manager (or equal), evaluator (if any), etc., must be shown by name and function. On subsequent reports, the organization chart must be revised and re- submitted if, and only if, one or more of the key personnel change. Check the applicable block and attach a revised chart, if required. 11. SIGNATURE A. CLAIMANT - Enter the name of the organization sub- mitting the claim (this must be the organization shown on the contract). E. AUTHORIZED SIGNATURE - The claim must be signed by a Page 6 of 17 0 person formally authorised by the claimant to sign • and submit claims on its behalf. C. APPROVALS - This space is provided for the convenience of the claimant; its use is optional. 12. NUMBER OF ATTAC XNTS - Number each attachment (PR- 3,4,5, 6, and 7, organization chart, etc.) in order of their ' first reference on the PR -1 form. Enter the number of attachments in the space provided. PREPARATION OF OTS FORM PR- 3,4,5, and 6 (Enclosures 2 -6)t 1. GENERAL - These attachments are required if, and only if, corresponding coats are reported for the periodr PR -3 is required if PERSONAL SERVICES are reported; PR -4 if SUE - CONTRACT SERVICES are requiredr PR -5 if COMMODITIES are reportedt and PR -6 if OTHER DIRECT COSTS are reported. See paragraph E., 1. -5., above, for definitions of these categories. 2. READINGS - At the top of each form, enter the project number and date (see paragraphs 3. 6 4. under •PREPARATION OF OTS FORM PR -1,° above). 3. INDIVIDUAL ENTRIES - Each form moat contain the individual costs which accumulate to the amounts reported on the PR -1 form (see section 5., shove). In general, each entry will . consist of the following elements, A. DATE - The date on which the coat is paid (see para- graph S.A., above). E. DESCRIPTION OF ITEM - This may be, 1) PERSONAL SERVICES - The name of an individual or a labor category (i.e., clerk IV, draftsman, etc.) with a common pay rate. 2) CONTRACT SERVICES - The name of the subcontractor and /or the work performed. 3) COMMODITIES OR OTHER DIRECT COSTS - An item name (IBM Selectric II typewriter, March telephone bill, computer time, etc.). C. QUANTITY AND RATE - Hours worked and rate per hour, days worked and rate per day, quantity purchased and cost per day, quantity purchased and wet per unit, etc. NOTE. Not required on PR -4; may be omitted if not applicable or appropriate for the line entry. D. EXTENTION OR AMOUNT PAID - The total amount (in dollars and cents) paid for the line entry. NOTE, Equal to quantity multipled by rate (where applicable). E. DOCUMENT - Identify the instrument (document) used to pay the amount shown; show the type of document (check, warrant, etc.), and identify number (check no., warrant no., etc.). NOTE, The dnCemeRt identified • must be retained for audit in accordance with the General Provisions of the contract. F. TOTAL - Enter the total amount (in dollars and cents) in the space provided. NOTE, The totals muet agree exactly with the amounts entered on the front of the PR -1 form. PREPARATION OF OTS FORM PR -7 (Accountable Assets Report)t 1. GENERAL - The Accountable Assets Report must be submitted whenever accountable assets are furnished by OTS or pur- chased. Once a PR -7 has boon submitted on a contract, it must be resubmitted if, and only if, one or more assets P I Page 8 of 17 Page 7 of 17 0 -. Traffic Engineering Survey /Corpus Christi • are acquired during any reporting period. Subsequent re- visions of the PR -7 must include all assets previously shown (even if they have been disposed of); it is suggested that the organization submitting claims retain the ori- ginal PR -7 for subsequent updating and submit photocopies to OTS. 2. HEADING - Same ae the heading for PR- 3,4,5, and 6. 3. OTS- UNIQUE TRANSACTION - Enter the 10 -digit OTS code for the asset (for example, MN00086102), if know; if unknown, leave blank. 4. USER IDENT - Enter the inventory number used by the claimant organization. NOTE, If none is used, a number System must be created, a number assigned, and the number affixed to the asset (embossed tape is a useful method in some instances). 5. DESCRIPTION /SERIAL NO. - Entar a meaningful desoription of the asset and its serial number (if applicable). Examples of °useful° descriptions are, A. Typewriter, IBM Selectric II, S/I4)OBXXX... B. Desk, Secretarial, 30' x 60', left hand, walnut C. File Cabinet, 4 -dr., legal, black metal In general, manufacturers names are not useful, except in some instances where they uniquely define a typo, style, or quality; for example, 'IBM Selectric II' or 'HP -45' are useful identifiers but 'Casemark' or °Shaw - Walker• are generally not. 6. PURCHASE COST - Enter the exact amount paid for the item, 0 Page 9 of 17 if purchased. If furnished (from a previous contract oz from another Source by OTS), enter 7. ACQUISITION DATE - Enter the date the asset was received or transferred to the project. S. DISPOSITION - If an asset is destroyed, Stolen, or trans- ferred to another project respectively, enter 'DESTROYED,- °STOLEN,° or the new project number and date of transfer in this column (if the new project number is not known, it can be obtained from the responsible OTS manager). NOTE. If an item is destroyed or stolen, the full details must be documented) contact the responsible OTS manager for details. If an asset is transferred to another or- ganization, an Accountable Assets Log (OTS form AA -2) must be furnished to you to clear your records (see the respon- sible OTS manager for details). SUBMITTAL - The completed and Signed PR -1, with attachments,must be forwarded, in duplicate, to the responsible OTS manager. It will be reviewed and processed in accordance with OTS policy, and reimbursement may be expected within two to six weeks if no major problems are encountered in the review. The exact period required will depend upon immediate processing backlog in the OTS office and the State Comptroller's office, mail delays, and other in- cidental factors. Page 10 of 17 u� Wait TEXAS TRAFFIC SAFETY PROGRAM E PROJECT CLAIM AND PERIODIC REPORT P..d. PR-1 / Enclosure 1 PR TTTLE L❑❑)❑❑❑❑'❑❑ ❑ ❑ THSISA MONTHLYREPORT FOR THE AIGNTHOF ,191._ • :] THISISADUARTERLY REPORT FOR :JFM I AMJ I I JAS' i OND, 191_ L EXPENDITURES FOR REPORTING PERIOD(DUAILS ATTAGffDI CUMULATIVE EXPENDITURES I TO DATE PERSONAL SERVICES 5 PLA N NLD CONTRACT 5ERVICES ACTUAL S COMMODITIES OTHER Di ECT COSTS CUMULATIVECLAIMED ITODATEI INDIRECT COST (IF IN CONTRACT) TOTAL S PLANNED 5 ACTUAL S TOTAL CLAIMED FOR REIMBURSEMENT S LL ACCOUNTABLE ASSETS LISTiE' H A A N TTACHI T.T HASNOTCHANGED EOULED BL SCHEDULE STATUS(MILESTOS O DATE BUT NOT PREVIOUSLY COUPLE TED) NO MILESTONE NAMF PLAN DATE ACTUAL IV. NARRATIVEREPORT A ACCOMPLISHMENTS [USE ADDITIONAL SHEETS.IF NECESSARY) U� P Fww .n.. ncr I.rre cwmuev w Vvc. Page 11 of 17 ' u IV. NARRATIVE REPORT ICONTINULDI IL PROBLEMS ENCOUNTERED (INCLUDE DISCUSSION OF MISSED MILE STONES AND CON REC TIVT ACIIIrI.i I C. ASSISTANOEREOUIREDANBIORRECOMMENOATIONS (TOOTS] V. PROJECT ORGANIZATION CHART ❑ HAS CHANGED(ATTACFU IPLiNOT CHANGED I—I mie-1 mN M Chun NAA I,—Wae IPI..W P,— —.1. LIMBO sm. d AI—A 1118 scaly cI Tewiw TIIe cove clmrea Iv Ievvapeenmu CLAIMANT, FOR OTS USE Ae—P"S <eplecvT IB]TIPVI- ob manet�lmb AUTHORIZED SIGNATURE: APPROVALS ITPo-ceva. v.Ievwea. e..IVml,nn I N171MR OF AITACHMG b I Page 12 of 17 A,rin q A NTTOP91110DICREPOR TOA TED_,197__,CONTRACT( ❑ ❑) ❑ ❑ ❑ ❑- ❑rI ❑ ITEMIZED COMMODITIES DAZE � IIEM OTY CO$T F %1lhR14V T� U'YlR&NT ,,,• I ,ra Page 15 of 17 ATTACHMENT TO PERIODIC REPORT DATED_, 197_, CONTRACT ❑❑)❑� ❑ ITEMIZED OTHER DIRECT COST UAIE ITEM OTY (�T $M E%TEI >i DUCIR/E a ,T,q DPE I I 0I$ iPtY Rai REYSlD INa$ — — —� TOTAL 5 = MUST M.'.I CH AMOUNT ON P M • Page 16 of 17 • F7,clo=e 6 A'i ,'AChIAENT TO PERIODIC REPORT DATED_, 197_, CONTRACT (❑ ❑)❑[]1113 -❑❑ LJ ACCOUNTABLE ASSETS REPORT S :a.V1UUE •Al "kCTION USER IDENI DE$CI%PTIpWgAIAl NO. PLRCN COST' ADIL$ DATE DISPOSR14V •Cs I I I I 1 I , I i i I I I JT$iDq,I VAJ, PEY IL!$uwxni I„c vc��w ,a�a Page 17 of 17 Traffic Engineering Survey /Corpus Christi Awa L q...T TO PERIODIC REPORT DATE.__ W-. CONTRACT(L;p)C1L� L -�f ITEMIZED PERSONALSERVIGER DATt. LABOR CATS- OA PERSONS NAME TAB WOWED RATE EXTEFSI[ID! UOCUNkNT rr?I s OTS POD PRa AE+4D Iq>j TOTAL 8 WST "u ,h AMOUNT ON PR -1 OTS ITX+M PR. 3 n V=Q 13r T5 TOTALS MUST MAIW AMOWI ON, R•1 Page 13 of 17 E�c1osTT:e 3 ATTACHMENT TO PERIODIC REPORT DATEO -, 187 , CONTRACT(C]jEj)QQ2- ff - ITEMIZED SUACONTRAGT Svovlree LIATe SUBCOMRACTONDESC i TM OF WORX ANOIA'rT PmD IXICIA.¢NT .Pe n 'rA i I I I s OTS POD PRa AE+4D Iq>j TOTAL S WST "u ,h AMOUNT ON PR -1 Page 14 of 17 ATTEST: APPROVED: DAY OF APRIL, 1977: J. BRUCE AYCOCK, CITY ATTORNEY City Secretary By Assistant City Attorney follows: NOW, THERFORE, the parties do mutually agree as Article I TYPE OF CONTRACT This Agreement between the CITY and the CONSULTANT shall be defined as "Lump Sum" type of CONTRACT. Article II CONSULTANT 1. Employment of CONSULTANT. The CITY hereby agrees to engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the professional services hereinafter set forth in connec- tion with the Project of the CITY under the Texas Traffic Safety Program. 2. Area Covered. The CONSULTANT shall perform all the necessary services provided under this Agreement covering all the areas within the city limits of Corpus Christi, Texas, which is defined. as the 'STUDY AREA." 3. General. The CONSULTANT covenants and agrees to perform all of the technical and, professional work to be performed as hereinunder described in the Scope of Work in Article II of this CONTRACT. Such work shall be performed in accordance with the terms of this CONTRACT and for the consideration stated. CONSULTANT covenants -and agrees.'to perform the duties and work hereinunder listed with diligence and in a workmanlike manner, with a high degree of care to ensure the accuracy and timeliness thereof. The CONSULTANT shall make all of the required studies as provided hereinunder and shall prepare a documented report of findings and recommendations with cost estimates for an imple- mentation program based upon such studies. The CONSULTANT shall work in coordination.with the CITY and with such other groups and persons as the CITY may, from time to time, designate. -2- • Article III SCOPE OF WORK The CONSULTANT agrees to do, perform, and carry out.in an expedient, satisfactory, and proper manner, as determined by the CITY the professional services required for the creation of an implementation plan and program to achieve the safe and ef- ficient movement of traffic as described herein. Task I Review of Previous Studies and Data In order to minimize or eliminate duplication of work, the CONSULTANT will collect, review and evaluate all existing and available studies, data and maps relevant to the elements of the plan. Such studies will include those with data related to parking, traffic volumes, thoroughfare plans, signal improve- ment plans, and accident records. Such studies to be reviewed include: (1) Corpus Christi Bayfront Study, by Saski, Walker Associates, January, 1974 (2) Corpus Christi Transportation Plan, Level II Review,. 1974 (3) Transportation, Harland Bartholomew and Associates, March., 1968 (4) Volume I II, The Comprehensive Plan, Harland Bartholomew 4 Associates, December, 1967 (5) Corpus Christi Transportation Plan, 1963 -1964 (6) Co us Christi Metropolitan Area Transportation Study - Origin Destination Survey, 1961 Texas High- way Department Task 2 Traffic Sign and Signal Installation Procedures The present request, investigation, work order, and sign or signal installation and removal procedures will be re- viewed. This will include a review of the elapsed time from the first investigation to installation or removal, the forms in- volved in the transaction, and the quality control exercise over -3- the process. The review and recommendations for changes or im- provements will be closely coordinated with the present photo - logging procedures and techniques being used to conduct sign inventories. Sign and signal replacement procedures will be reviewed, and the frequency of replacement and systematic maintenance of the installed traffic control devices will be determined. Task 3 Review of Traffic Ordinances The City's traffic ordinances will be reviewed to de- termine their adequacy and conformance to uniform ordinances. These ordinances will be compared and evaluated against the Texas Motor Vehicle Laws and the Model Traffic Ordinance, developed by the National Committee on Uniform Traffic Laws and Ordinances. Recommendations will be developed for changes in existing ordi- nances to assure uniformity and effectiveness. Task 4 Traffic Circulation in Central Business District The existing traffic circulation pattern of the Central Business District will be investigated for adequacy of traffic service. Major traffic generators within the Central Business District (CBD) will be identified and related to ease of access. Existing traffic and physical street features will be inventoried and will include one -way streets, parking restrictions, turn pro- hibitions, street widths, and special geometric features. Avail- able data in the files and records of the CITY pertaining to accidents, traffic volumes, turning movement patterns_, etc. Swill be reviewed and analyzed to identify locations of congestion, hazardous conditions and restricted circulation. Speed, delay and travel time studies will be conducted on the CBD streets to further identify existing deficiencies in traffic operations. The results of this analysis wiles be the development -4- Cl of a comprehensive CBD traffic circulation plan to enhance mobil- ity and safety within the downtown area and will include appro- priate recommendations relative to changes or modifications in the one -.way street plan, turning restrictions, parking regulations, intersection geometric designs, and possible changes or improve- ments in the Central Business District signal system. Special emphasis will be placed in this task on the CBD signal system. By relating. existing and anticipated future traf- fic patterns, a systematic evaluation of central city system im- provement needs will be accomplished. An evaluation will be made of presently manufactured types of signal systems such as multi - dial, pre - programmed, traffic- responsive, and computer supervised, to determine their application to the Corpus Christi central city area. This final evaluation will be oriented toward selection of the system concept which best satisfies the unique traffic control requirements of the central city area, such as area con- figuration, major street alignments, number of signalized inter- sections, need for signal interconnection, flexibility, etc. A system concept will be recommended and described. Equipment and installation components will be identified with order of magni- tude cost estimates. These will include intersection controllers, master controller or computer, communications hardware, communi- cations installation, system sensors (if applicable), and inter- section signal hardware. Task 5 Development of Report This task will utilize the results of Task 1 through 4 to develop traffic safety improvements for the City of Corpus Christi. This traffic and safety program will include recommen- dations oriented toward implementation on a time- phased basis .Izonsidering the fiscal resources available for traffic enginee:- ing and safety. Cost estimates for use in capital improvement -5- budgeting will be prepared for the recommended improvements. Possible sources of funds for implementation of recommended improvements will be outlined.- A preliminary report of find- ings and recommendations will be prepared and submitted at the completion of the study. Following approval of the preliminary report, and approval of the preliminary report for the second portion of this study, 50 copies of a final report incorporating both preliminary reports will be submitted to the City. Article IV CONSULTANT PERSONNEL Assignment of Personnel - The CONSULTANT shall assign E. L. Walker, Jr. P.E., Regional Vice President, as the Program Manager, and he shall be responsible for the project administra- tion and work performance. Other qualified professional staff shall be allocated to the work as programmed in the outline of work elements given in Article I1. Except as otherwise specified in Article V of this CON - TRACT, the CONSULTANT agrees to employ, at its own expense, all personnel required in performing the service under this CONTRACT. Personnel employed by the CONSULTANT shall not be employees of, or have any contractual relationship with, the CITY. All of the work required hereinunder will be performed by the CONSULTANT, and all personnel engaged in the work shall be fully qualified. Article V SUPPORT SERVICES The CITY agrees to provide the CONSULTANT with the following support services during conduct of the work elements. 1. All available maps, records, and previous data which are relevant to this study shall be made available. 2. Available collision diagrams and other data needed by the CONSULTANT to study accident experience in the Central Business District will be provided by the CITY. -6- 3. Available machine traffic volume counts and turning movement counts will be provided. 4. Available traffic signal inventory and timing data for signalized intersections will be provided for CBD intersections. Article VI STUDY COORDINATION AND REPORTS Coordination - Study data, analyses, and findings will be discussed and fully coordinated during the work program by the CONSULTANT with the CITY and /or its designated representatives. In addition, liaison will be established with the District Engi- neer of the State Department of Highways and Public Transportation of District 16 and /or his designated representatives for the pur- pose of coordinating the development of recommended improvements. Preliminary Final Report_- Upon ,eompletion of the work program, the CONSULTANT will submit fourteen, copies of a prelim- inary report; fifty (50) copies of the final report will be sub- mitted to the CITY within 45 days following approval of the pre- liminary report. Each report submitted will include the following state- ments on the cover page. 1. This report was prepared for the City of Corpus Christi and the Office of Traffic Safety, State Department of Highways and Public Transportation in cooperation with the Federal Highway Administra- tion, Department of Transportation. 2. The conclusions and opinions expressed in this document are those of the author, and do not necessarily represent those of the State of Texas, the Office of Traffic Safety, the Depart- ment of Transportation, or any other agency of the State or Federal Government. Article VII TIME OF PERFORMANCE The CONSULTANT agrees to commence work within seven (7) calendar days after the date of the CONTRACT. the work -7- shall be undertaken and completed in such sequence as to assure its expeditious completion. Such work shall be completed and the presentation of the results and recommendations in the form of a preliminary report will be submitted within four (4) months. Article VIII COMPENSATION The CITY agrees to compensate the CONSULTANT for the professional services performed under the terms of this CONTRACT by payment of a lump sum amount of Thirty -Two Thousand ($32,000) Dollars. The anticipated cost for each work task is as follows: WORK TASK COST 1. Review of Previous Studies and Data $ 500 2. Traffic Sign and Signal Installation Procedures 4,000 3e Review of Traffic Ordinances l'000 4. Traffic Circulation in CBD 24,100 5. Development of Traffic and Safety_ Program and Reports 2,400 TOTAL $32,000 The CONSULTANT shall submit a monthly invoice to the CITY: said invoice shall show the percentage of work completed on each-task as of the end of the preceding month, the amount of total project cost assigned to work completed on each task, and the total amount due on the project. Article IX CONTRACT TERMINATION If through any case other than acts of God or the public enemy, flood, or quarantine restrictions the CONSULTANT should fail to fulfill 'in timely or proper manner the obligations of this Agreement, the CITY may terminate this Ag :eement by giving writt:n -8- notice to the CONSULTANT at least seven (7) days prior to the effective date of termination and specifying the effective date of termination, all finished or unfinished documents, data, stud- ies, surveys, reports, maps,drawings,models and photographs pre- pared by the CONSULTANT `shall at the option of the CITY become the property of the CITY and the CONSULTANT shall be entitled to receive reasonable and equitable compensation for the satis- factory work completed and only in ratio to the monetary consid- eration covenanted and agreed upon in this Agreement for the completed scope of the work. Either party to this Agreement may, at his convenience, terminate this Agreement by one giving to the other, or each giving to the other, written notice of such termination and speci- fying the effective date at least thirty (30) days prior to the effective date of such termination so specified. Upon termination of,this Agreement, whether for cause or at the convenience of one or both parties, the CONSULTANT shall be reimbursed for that portion of out -of- pocket expenses (not otherwise reimbursed prior thereto) incurred by the CONSULTANT during the contract period which are directly attributable to the incompleted portion of the services covered by this Agreement. The CONSULTANT shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the toal services of the CONSULTANT. Article X PROJECT CHANGES Significant changes in the scope, character or complexity of the work may be enacted by written notice when necessary, if there is mutual assent between the contracting parties. (Such supplements and modifications are subject to approval by the -9- agencies who originally authorized the CONTRACT, before allowable costs can be incurred for such activities.) The CITY may at any time, by a written order, make changes within the general scope of this CONTRACT. If any such change causes an increase or decrease in the estimated cost of, or the time required for the performance of any part of the work under this CON- TRACT, whether changed or not changed by any such order, or other- wise affects any other provision of this CONTRACT, an equitable adjustment shall be made. Any claim by the CONSULTANT for ad- justment under this clause must be asserted within thirty (30) days from the date of receipt by the CONSULTANT of the notification of change; provided that, without prejudicing the right to re- ject any claim asserted after this time, if the CITY decides that the facts justify such action, it may receive and act upon any such claim asserted at any time prior to final payment under phis CONTRACT. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this CONTRACT entitled "Disputes ". However, except as provided below, nothing in this clause shall excuse the CONSULTANT from proceeding with the CONTRACT as changed.. Not-withstanding the provisions of this article, the estimated cost of this CONTRACT shall not be increased or deemed to be increased except by specific written modification of the CONTRACT indicating the new CONTRACT estimated cost and, if this CONTRACT is incrementally funded, the new amount allotted to the CONTRACT. Until such modification is made, the CONSULTANT shall not be obligated to continue performance or incur costs be- yond the point established in this CONTRACT. Any amendments to this contract must be approved by the Texas Office of Traffic Safety before any associated work is performed and /or costs are incurred. -10- Article XI DISPUTES Except as otherwise provided in this CONTRACT, any dis- pute concerning a question of fact arising under this CONTRACT which is not disposed of by agreement shall be decided by the City Manager, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the CONSULTANT. The de- cision 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. The decision of the City Manager for the de- termination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substanti�J evidence. In connection with any appeal proceeding under this clause, the CONSULTANT shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the CONSULTANT shall proceed diligently with the performance of the CONTRACT and in accordance with the CITY'S decision. This "DISPUTES" article does not preclude consideration of law questions in connection with decisions provided for above: Provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Article XII EXCUSABLE DELAYS Except with respect to defaults of subcontractors, the CONSULTANT shall not be in default by reason of any failure in performance of this CONTRACT in accordance with its terms -11- (including any failure by the CONSULTANT to make progress in the • prosecution of the work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may in- clude, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or con- tractual capacity, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes, and unusally severe weather, but in every case the failure to perform must be beyond the con- trol and without the fault or negligence of the CONSULTANT. If the failure to perform is caused by the failure of a subcontractor -to perform or make progress, and if such failure arises out of causes beyond the control of both the CONSULTANT and subcontractor, and without the fault or negligence of either of them, the CON- SULTANT shall not be deemed to be in default, unless (a) the supplies or services to be furnished by the subcontractor were obtainable from other sources, (b) the CITY shall have ordered the CONSULTANT in writing to procure such supplies or services from other sources, and (c) the CONSULTANT shall have failed to comply reasonably with such order. Upon request of the CONSULTANT, the CITY shall ascertain the facts and extent of such failure and, if it shall determine that any failure to perform was occasioned by any one or more of the said causes, the time of performance shall be revised accordingly. Article XIII NON- COLLUSION The CONSULTANT warrants that he has not employed or re- tained any company or person,.other than a bona fide employee working for the CONSULTANT to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon -12- or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or, in its dis- cretion to deduct frgm the agreement price or consideration, or otherwise recover the full amount of such fee, commission, broker- age fee, gift, or contingent fee. Article XIV THE CONTRACT This Agreement shall be binding on the heirs, successors and assigns of each party hereto. The employment by CITY of the CONSULTANT to perform the services set forth in this Agreement is a personal contract and CONSULTANT shall not assign, sublet or transfer his interest or obligation under the provision of this Agreement without the prior written consent of CITY. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. For additional information see also Attachment 1, Representations, Certifications, & Acknowledgements, and Attachment 2, General Provisions. Article XV EQUAL OPPORTUNITY_ During the performance of this CONTRACT, the CONSULTANT agrees as follows: The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their.race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion; and selection for training, including apprenticeship. The -13- CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CITY setting forth the provisions of this nondiscrimination clause. \ 1 Article XVI 'O6BRSHIP OF DATA All data and materials created or collected under the terms of the Agreement shall become the property of the Texas Office of Traffic Safety,. and copies of such data and material. shall be furnished to the Axas Office of Traffic Safety on request. Article XVII AUDIT AND INSPECTION OF RECORDS The CONSULTANT shall permit the designated represenl:a.- tives of the CITY, Office of Traffic Safety, U. S. Department of Transportation, and the Comptroller General of the United States to inspect and audit all data and records of the CONSUL- TANT relating to its performance under the Agreement. The CON- SULTANT shall maintain complete and accurate records with re- spect to its performance under the CONTRACT. All such records shall be maintained in accordance with generally accepted account- ing principles and shall be- clearly identified and readily ac- cessible at all reasonable tiems. The CONSULTANT further agrees that authorized..City,• State-and Federal- .Off.icials sha1L,. until the expiration of three (3) years after final payment of this CONTRACT, have access to and right to examine any directly per- tinent books,.documents, papers, and records concerning this Agreement. Article XVIII INSPECTION The CITY has the right, at all reasonable times, to in- spect, or otherwise evaluate the work performed or being performed -14- hereunder and the premises in which it is being performed. If any inspection, or evaluation is made by the CITY on the premises of the CONSULTANT or a subcontractor, the CONSULTANT shall provide facilities and assistance for the safety and convenience of the - CITY'S representatives in the performance of their duties. All inspections and evaluation shall. be performed in such a manner as will not unduly delay the work. Article XIX INDEMNIFICATION The CONSULTANT covenants and agrees to indemnify and hold harmless and defend the.CITY, its officers and employees, from and against any and all suits, or claims for damages or injuries, including death, to persons or property, whether real . or asserted, arising out of negligent act, error, or omission on the part of the CONSULTANT'S officers, agents, servants, employees or subcontractors, and CONSULTANT does hereby assume all liability and responsibility for injuries, claims or suits for damages to persons, or property, of whatsoever kind or character, whether. -real or asserted, occurring during or arising out of the per- formance, attempted performance or failure of performance of this CONTRACT as a result of any act of omission, negligent or other- wise, on the part of the CONSULTANT'S officers, agents, servants, employees, or subcontractors. 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 prop- erty damage insurance covering the acts and omissions of its agents and employees in the performance or attempted performance of this CONTRACT, with limits of not less than One Hundred Thousand Dollars ($100,000.00) for death and injury to one person; Three Hundred Thr..usand Dollars ($300,000.00) for death or injury -is- to more than one person; and Fifty Thousand Dollars ($50,000.00) for property damage arising out of each occurrence. Article XX 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 busi- ness enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this CONTRACT. Article XXI VENUE Venue and Jurisdiction of any suit, right, or cause of action arising under or in connection with-the CONTRACT shall lie exclusively in Nueces County, Texas. IN WITNESS HEREOF, the parties hereto have executed this CONTRACT in duplicate originals at Corpus Christi, Nueces County, Texas, this day of , 1977. CITY OF CORPUS CHRISTI, TEXAS ATTEST: By City Secretary City Manager APPROVED: Day of ,1977 ATTEST: City Attorney Director of Finance WILBUR SMITH AND ASSOCIATES -16- By ice President ' Wtract No. Attachment 1 CONSULTANT CONTRACT REPRESENTATIONS, CERTIFICATIONS AND ACKNOWLEDGEMENTS 1. TYPE OF BUSINESS ORGANIZATION: (check appropriate box The contract recipient represents that he operates as El an individual, El partnership, M a nonprofit organization, or T_] a corporation under the laws of the State of II. SMALL BUSINESS: (check appropriate box) The contract recipient represents that he ]_ -I is, or ❑ is not, 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 III. CONTINGENT FEE: (check appropriate boxes) The contract recipient represents (a) that he ❑ has, D 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 he r has, ❑ 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 inter- pretation 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: (check appropriate boxes) The contract recipient represents that he[] has, !- has not, 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 NO. 11114; that he -] has *, (] has not, filed all required compliance reports; and that representations indicating sub- mission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. *If you certify that you have participated in a previous contract, subject to the Equal Opportunity clause, but have not been required to file compliance reports, then you should check the box reading "that he has filed all required compliance reports ". CA -1 Rev 9'/74 Page 1 of 2 wAttachment 1. 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 Traffic Safety. VI. CLEAN AIR ACT COMPLIANCE: For all contracts in excess of $100,000, 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. VII. 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 COUNTY STATE VIII. ASSURANCE. The contract recipient hereby assures compliance with all terms, conditions and general and special provisions for this contract. NAME OF CONTRACT RECIPIENT SIGNED BY: DATE: TITLE: Page 2 of 2 CA -1 REV 9/74 1— No. 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: 0 I. Definitions II. Changes ❑x III. Disputes Q IV. Conditions for Termination Prior to Completion ❑x V. Excusable Delays ❑x VI. Non - Collusion VII. Contract Period Established VIII. Cost Provisions IX. Method of Payment (Check one) ❑ r A. Lump Sum ❑ B. Cost Per Unit Work [] C. Cost Plus a Fixed Fee ❑ D. Specific Rates of Compensation ❑ E. Cost x❑ X. Terms and Conditions of Payment XI. Inspection ❑ XII. Property Accountability © XIII. Retention © XIV. Ownership of Data and Creative Material XV. Reports [xj XVI. Equal Opportunity C XVII. 'Overtime Compensation x, XVIII. Convict Labor XIX. Subcontractual (Applies to all Federal and Most State contracts) XX. Utilization of Small Business Concerns XXI. Order of Precedence XXII. Assignment-, Subletting and Transfer Fx1 XXIII. Cancellation n XXIV. Contractor's Liability ❑x XXV. Save Harmless XXVI. Tax and Compensation Liability []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. Pronurenient procedures (Applies to Federal grants to State agencies and communities only) x❑ XXXI. Cost of Living Council Regulations (Applies to all Federal contracts) Q XXXII. Minority Business. Enterprise 8/75 B. Burden Permanent Staff Payroll Costs (23.870)(10,692)$ 2,552 Temporary Staff Payroll Costs (10.00%)(840.00) 84 Overhead Costs (84.06 %)(13,244) 11,132 Sub -total $13,768 C. Direct Material Printing and Reproductions $ 800 Supplies 200 Long Distance Telephone 160 Miscellaneous 100 Sub -total $ 1,260 D. Travel Costs Travel $ 1,200 Subsistence 840 Sub -total $ 2,040 E. Professional Fee $ 3,400 TOTAL ESTIMATED COST $32,000 Prepared by Wilbur Smith and Asoociates CORPUS CHRISTI TRAFFIC SAFETY STUDY Estimated Cost Analysis A. Personnel Services (Payroll) Principal Associate 96 hrs. @ 14.00 /hr. $ 1,344 Principal Engineers 256 hrs. @ 11.00 /hr. 2,816 Engineers 400 hrs. @ 9.00 /hr. 3,600 Technicians 238 hrs. @ 6.00 /hr. 1,428 . Draftspersons 160 hrs. @ 5.00 /hr. 800 Secretarial - Clerical 176 hrs. @ 4.00 /hr. 704 Temporary Field Staff 240 hrs. @ 3.50 /hr. 840 Sub -total $11,532 B. Burden Permanent Staff Payroll Costs (23.870)(10,692)$ 2,552 Temporary Staff Payroll Costs (10.00%)(840.00) 84 Overhead Costs (84.06 %)(13,244) 11,132 Sub -total $13,768 C. Direct Material Printing and Reproductions $ 800 Supplies 200 Long Distance Telephone 160 Miscellaneous 100 Sub -total $ 1,260 D. Travel Costs Travel $ 1,200 Subsistence 840 Sub -total $ 2,040 E. Professional Fee $ 3,400 TOTAL ESTIMATED COST $32,000 Prepared by Wilbur Smith and Asoociates • CORPUS CHRISTI TRAFFIC SAFETY STUDY Estimated Man -Hour Distributions by Task PERSONNEL CATEGORY Principal Associates Principal Engineers Engineers Technicians Draftspersons Secretarial /Clerical Enumerators Total Prepared by Wilbur Smith and Associates TASK NUMBER 1 2 3 4 5 Total 4 8 4 60 20 96 10 18 16 180 32 256 4 66 10 300 20 400 - 36 - 202 - 238 - 16 - 116 28 160 - 8 B 144 16 176 - - - 240 - 240 18 152 38 1,242 166 1,566 Prepared by Wilbur Smith and Associates r1 �J Corpus Christi, Texas oZf day of AQvL 1977 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 following 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 following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 13"x:5'3