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HomeMy WebLinkAbout13893 ORD - 08/17/1977C)vp:8-15-77:lst' .., .. r AN ORDINANCE` AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, OFFICE OF TRAFFIC SAFETY, TO FUND A PROGRAM TO DEVELOP A PLAN AND IMPLEMENTATION PROGRAM FOR SCHOOL SAFETY IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND WILBUR SMITH & ASSOCIATES,'INC., AN ENGIN- EERING CONSULTING FIRM, TO UNDERTAKE THIS ASSIGNMENT, ALL AS MORE FULLY SET FORTH IN THE RESPECTIVE PROGRAM CONTRACTS,, A COPY OF EACH, IN•SUBSTANTIALLY THE SAME ,FORM, BEING ATTACHED HERETO, MARKED "EXHIBITS 'A' AND 'B "', AND MADE A PART HEREOF; AND DECLARING AN EMER- GENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a contract between the City of Corpus Christi and the State Department of Highways and Public Transportation, Office of Traffic Safety, to fund a program to develop a plan and implementation program for school safety improvements; and further authorizing the C1ty(Manager to execute a Contract between the City of Corpus Christi and Wilbur Smith & Associates, Inc., an engineering consulting firm, to undertake this assignment, all as more fully set forth in the respective program contracts, a copy of each, in substantially the same form, being attached hereto, marked "Exhibits 'A' i and 'B"', and made a part hereof. SECTION 2. The necessity to authorize execution of the aforesaid contracts in order that the funding of a program to develop a plan and implementation program for school safety improvements may be accomplished at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordi- nance 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, MICROFILMED ju 0 q 1990 7 13893 T•EXAS.TRAti FIC S;9FETY'PROGRAM CONTRACT EXHIBIT "A" STAT� DERARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OFFICE OF TRAFFIC SAFETY AUSTIN,TEXAS78701 (ml F-T--� m M M m 6 1 1 3 3 S RATIONAL 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. GDALs TQ collect and analyze basic data on M METHOD OF EVALUAMN(FOR DETAILS. SEE STATEMENT OF WORK) traffic circulation, capabilities, signing, A Administrative Assessment. and other elements to reduce traffic acciden s s. COST CATEGORY A AMOUNT F FUNDING PERIOD A AMOUNT S SOURCES OF FUNDS A AMOUNT PERSONAL SERVICES F FEDERAL (402) ..... , , CONTRACT SERVICES $ $21,500.00 O OCT:DEC......... 1 17,500 G GTSF............ $ $21,500.00 COMMODITIES...... J JAN.-MAR . ........ 4 4,000 OTHER DIRECT COST A APR. -JUN. ........ INDIRECT COST.. .. J JUL-SEP . . . . . . . . . . PROFIT ....... ... L LOCAL........... TOTAL $ $21,500.00 T TOTAL $ $21,500.00 T TOTAL . $ $21,500.00 TYPE OF REIMBURSEMENT B BASIS OF REIMBURSEMENT (FOR "ACTUAL _- R REIMBURSEMENT LIMITS LUMP SUM ❑ COST' CONTRACTS ONLY) 1 1. MAXIMUM AMOUNT 7jOIE�O QR- ❑ COST PER UNIT OF WORK A ❑ O 2. NO COST CATEGORY MAY BE EXCEEDED ELIGIBLE COSTS. B BY MORE THAN 5% COST PLUS FIXED FEE 3 THE FOLLOWING PERIOD SHALL BE F1 SPECIFIC RATES A OTS WILL REIMBURSE THF, LO-01% E ELIGIBLE FOR REIMBURSEMENT: AN AMOUNT EQUAL T 10 /1 /�� T BL ELIGIE COSTS IN THE CATEGORIES IDENTIFIED 1 TO 6 a ACTUAL COST B IN THE STATEMENT OF WORK. 4 4. THE CONTRACTOR MUST BEAR ALL COSTS FOR DETAILS, SEE STATEMENT OF WORK I I 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 PRECEDENCE TO EACH, ACCORDING TO THE FORM OR ATTACHMENT IN WHICH IT CONFLICT SHALL BE RESOLVED BY ASSIGNING AN ORDER OF P APPEARS, USING THE FOLLOWING ORDER: 1. CONTRACT (THIS FORM) 2. STATEMENT OF WORK (ATTACHMENT 1) ' 3. GENERAL PROVISIONS (ATTACHMENT 2) - 4, SPECIAL PROVISIONS (ATTACHMENT 3) S. OTHER AND GUIDELINES SHALL BE THE BASIS FOR DETERMINING ELIGIBILITY OF COSTS 1 • FEDERAL AND STATE REGULATIONS A 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 COMMITOTS SIGNATURE OF PERSON AUTHORIZED TO COMMIT CONTRACTOR, City Manager TITLE TITLE - _� l City of Corpus - Christi -- CONTRACTOR— L _ _ -- DATE - -- " - - - . - OTS FORM A3 D NEW 9/_15_ _ _ 5. _�_ _ _ _ - _�__..T_� __ -�_t- _•-, _ 1' APPROVED: ___ATTEST: - =ti _- -197-7-:- J. -- - J. BRUCE AYCOCK, City Attorney City Secretary • By . Assistant City Attorney t TEXAS TRAFFIC SAFETY PROGFRAM,C ' PAGE 2 O 1 1rr' —i TRACT = =ODt 1 REPRESENTATIONS, CERTIFICATIONS, AND ACKNOWLEDGMENTS I- CONTINGENT FEE. (check appropriate boxes) The contractor represents (a) that it ❑ has, IX has not, employed or ret ined any company or person (other than a full -time bona fide employee working solely for the offeror) to solicit r secure this contract, and (b) that it has, xi 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 bro (erage fee contingent upon or result- ing from the award of this contract; and agrees to furnish information relati ig 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.) w I II. EQUAL OPPORTUNITY: (check appropriate boxes) Il The contractor represents that it Rj 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® has, ❑ has not, filed all required compliance reports; and that representations, indicatingisubmission 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;(] has developed and has on file ❑ 1 as not developed and does not have on file at each establishment affirmative action programs as required by t e rules and regulations of the Secre- tary of Labor (41 CFR 60 -1 and 60 -2), or (2) it ❑ has not previously had c�)ntracts 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 That it does not maintain or provide for employees' acilities which are segregated on the basis of race, color, religion, sex or national origin, whether such facilities re segregated by directive or on a de facto basis. The offeror further agrees that he will not maintain such segreg ted facilities. V The contract recipient agrees as a necessary condition for reimbursemen1. 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 VI. CLEAN AIR ACT COMPLIANCE: 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. I VII. PRINCIPAL PLACE OF PERFORMANCE: The location of the plant or place of business where the items) will be produced or the principal services will be performed under the contract is. CITY Corpus Christi COUNTY Nueces STATE Texas VIII. ASSURANCE. The contract recipient hereby assures compliance with f11 terms, conditions and general and special provisions for this contract, including attachments. SIGNATU'R'E OF PERSON AUTHORIZED TO COWAT CONTRACTOR DATE CONTRACTOR'S F R. Marvin Townsend, City Manager Edward R. NAUIE ?AT:E - P. 0. Box 9277, Corpus Christi, Tx 78408 P. 1 RECTOR DATE Ile, Asst. Traffic Engineer Corpus Christi Tx 78408 T —Exi TEXAS TRAFFIC SAFETY PROGRAM CONTRACT ' ATTACHMENT 1 ". STATEMENT OF WORK f �1 m EE 0 0, 1 MC.UDE U1,MONE SCHE DDLE AND AfIIHOD OF FVAI OATION I. The Texas Office of Traffic Safety will: A. Reimburse the City of Corpus Christi for all allowable costs (up to the limit specified on Page 1 of this contract) expended for the following: Traffic Engineering Survey. B. Provide technical assistance when requested or as needed. II. The City of Corpus Christi shall: A. Employ a traffic engineering firm. B. Support the study and provide the following information and documentation to the Consultant: 1. Make available maps, records, and previous data relative to the study. 2. Available traffic control devices inventory data. 3. Locations of crossing guards and hours of assignment. 4. Limits of school areas. C. Submit two copies of the Project Claim and Periodic Report, using the —forms and procedures specified in Attachment 4 (OTS forms PR -3, PR -5, PR -6, and PR -7 may be omitted). D. Submit fourteen copies of the Preliminary Report to the Texas Office of Traffic Safety on or before January 31, 1978. E. Submit seven copies of the Final Report to the Texas Office of Traffic Safety within 45 days following Texas Office of Traffic Safety approval of the Preliminary Report. IV. The Consultant shall: A. Conduct a traffic engineering survey to consist of at least the following: 1. School Traffic Safety Data - update data provided by the City, including school signs, marked crosswalks, sidewalks, adult crossing guards, and traffic signals on streets adjacent to 47 public elementary schools. 2. Analyze the data specified in (1), above and make recommendations for improvement. Regulatory and warning signs shall be evaluated as to conformity to the Texas Manual on Uniform Traffic Control Devices, 1973. O'S FORM A31 NEW 9/75 ` PAGE 1 OF - ' - - Corpus Christi Traffic Engineering Survey Attachment 1 Page 2 of _ 3. Develop safe - school routes. 4. Prepare a School Traffic Safety Manual. B. Utilizing the results of (A), above, develop a preliminary report of findings and recommended improvements. Fourteen copies of such report shall be submitted to the City within four months after project begins. C. Within 45 days after approval by the Texas Office of Traffic Safety of the Preliminary Report, submit to the City 50 copies of the Final Report. The Final Report shall incorporate the Preliminary Report described in (B) above, and the Preliminary Report developed under Texas Office of Traffic Safety contract (77)5233 -40C, as well as changes and revisions recommended by the Texas Office of Traffic Safety as a result of their review. D. Begin work within seven days of notification to proceed. E. 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 of proposed recommendations with those of the State Department of Highways and Public Transportation will be discussed in conference prior to final report printing. F. Comply with all the requirements in General Provisions, Attachment #2 to the consultant contract. IV. 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. Milestones 1. Project Start - October 1, 1977. 2. Submit Quarterly Reports - January 31, 1978; April 30, 1978; June 30, 1978. 3. Submit Preliminary Report - January 31, 1978. 4. Submit Final Report - May 31, 1978. 5. Project Close - June 30, 1978 Contract No. Attachment 2 Ti Traffic Engineering Survey - Corpus Christi 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 xQ II. Changes y 0 III. Disputes IV. Conditions for Termination Prior to Completion ❑x V. Excusable Delays Q VI. Non - Collusion Q 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 Q D. Specific Rates of Compensation E. Cost L91 X. Terms and Conditions of Payment, ❑x_ XI. Inspection ❑ XII. Property Accountability ❑x XIII. Retention XIV. Ownership of Data and Creative Material XV. Reports x XVI. Equal Opportunity XVII. Overtime Compensation [] XVIII. 'Convict Labor j XIX. Subcontractual (Applies to all Federal and Most State contracts) �j XX. Utilization of Small Business Concerns Q XXI. Order of Precedence XXII. Assignment, Subletting and Transfer (x] XXIII. Cancellation ❑x XXIV. Contractor's Liability ❑x XXV. Save Harmless xl XXVI. Tax and Compensation Liability n XXVII. Reimbursement of Eligible Expenditures [� XXVIII. Application of Hatch Act (Applies to all Federal contracts) ❑c XXIX. Standards for Grantee Financial Management Systems q XXX. Procurement procedures (Applies to Federal grants to State agencies and communities only) XXXI. Cost of Living Council Regulations (Applies to all Federal contracts) ® XXXII. Minority Business Enterprise GC -2 8/75 Page 1 of 1 c Engineering-Survey - Corpus Christi ..Attachment 3 " Page 1 of 1 SPECIAL PROVISIONS 1. Unless prior approval in writing is received from the Texas Office of Traffic'Safety, no cost may be incurred after the ned of the contract period. 2. The Texas 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 tasks. 3. The Texas 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 Texas Office of Traffic Safety 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 the Texas Office of Traffic Safety before any associated work is performed and /or costs are incurred. 7. The Office of Traffic Safety shall adjust the maximum amount eligible for reimbursement upon receipt of an established indirect cost rate by a cognizant federal agency audit. a ProMi"cs 11/A INSTRUCTIONS FOR PREPARATION OF A TEXAS TRAFFIC SAFETY PROGRAM PROJECT CLAIM AND PERIODIC RCPORT SCOPE, This document provides instructions for the completion of OTS forms PR- 1,3,4,51•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 most Texas Traffic Safety Program contracts. Three types of claim/report forms say be specified by to contract; these instructions shall be used if OTS form P) Q P2-1 is specified. F, 2. The OTS contract may require that project claims and tv periodic reports be submitted monthl • or pe po , yquarterly, or O M one time (only). H 3. The attachment forms (PR- 3,4,5,6, and 7) shall be assumed co to be required unless the contract. for 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 - jaet claim and periodic report. PREPARATION OF OTS FORM PR -1 (Enclosure 1) s 1. PINA.L 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. 015 I= F4 tkw 12/75 Page 1 of 17 3. PROJECT NUMBER - Enter the project r—ber, as shown on the contract, in the blocks provided, f 4. MONTHLY /QUARTERLY REPORT - Check the appropriate block. If the contract requires monthly reports, the claim and report shall cover exactly one calendar ronth for less, r if at the beginning or end of the g 9 project) ; insert the applicable calendar month and year. If the contract re- quires quarterly reports, the claim and report shall u Lover exactly one quarter (or portion thereof) of a fiscal n � year (Oct. 1 - Dec. 31, Jan. 1 - Mar. 31, Apr. 1 - June 30, S or July 1 - Sept. 301; cheek the appropriate quarter and enter the calendar year. V i S. EXPENDITURES FOR THE REPORTING PERIOD - J. GENERAL- L4 t i 1) Routine - Unison 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. Exerple: C) wages and /or employee benefits for the last wvek I=4 for month) of the project are frequently paid after {� the end of the project] } they should, however, bo II Page 2 of 17 4) Other Direct Ce=ts - The cost of purcha•.c of necessary accountable assets, eor.puter services, rentals, other services, etc. S) Irdirect Costs - The percentage add -on cost authorized by contract (may include profit). NOTE: Indirect costs may be charycd only when' permitted by contract. The requirerents for•suh- stantiation of indirect costs at audit are often more severe than for direct costs. O'1's forms PR- 1,4,5, and 6 shall be attached (as app,I- eable) unless the requirement for these attac)vants has . been waived in writing by OTS. , C. TOTAL COST AND TOTAL COST CLAIMED FOR REIMDURSEVEN7 - 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 contract; if the contract specifies 1001 cost reimburse:ent, this amount will equal the 'total cost' (provigod the total amount claimed on all reports may never exceed the •Maximum Amount Eligible for Rcirb4rso- mW) as shown in the contract. r 6. CUMULATIVE EXPENDITURES AND CLADS - Enter the sun -of expenditures shorn on this report plus those on all prior reports as cumulative actual expenditures. C�n ulattvv actual claimed is similarly corputod frcn clar-ed Planned expenditures are only reported on quarter -y re;,rts or on the last monthly report for a quarter (Ceer r, Page 4 of 17 claimed as cents on the last (monthly or quarterly) report of the project. 2) Errors - In the event of an error in the amount claimed (either an overclai, or an underclaim), in 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,' b entered above the title). Pn to D. PERSONA. SERVICES, CONTRACT SERVICES, COMMODITIES, CD OTHER DIRECT COSTS AND INDIRECT COSTS - Enter the total f-� (a amount* expended for the reporting period in the spaces O provided, using the following category definitions: Fh H 1) Personal{ services - Salaries and benefits of all N "rh co salaried personnel (for time actually spent working on the project), travel costs (fares,• mileage, etc.), and other travel expenses (per diem or room rent, ' seals, etc.). 2) Contract Services - Costs incurred under project subcontracts— (including consultant services). 3) Coraodities - The costs of expendable materials and . • supplies used on the project (prorated costs may be used if approved by OTS) . *The project contract shows cost by these same categories; if match- ing costs are shown in the contract, include them in these spaces. If matching costs are not shown in the contract, do not include these spaces. e -rust subcontracts must be approved in advance by OTS (see contract requirements. Page 3 of 17 4) Other Direct Ce=ts - The cost of purcha•.c of necessary accountable assets, eor.puter services, rentals, other services, etc. S) Irdirect Costs - The percentage add -on cost authorized by contract (may include profit). NOTE: Indirect costs may be charycd only when' permitted by contract. The requirerents for•suh- stantiation of indirect costs at audit are often more severe than for direct costs. O'1's forms PR- 1,4,5, and 6 shall be attached (as app,I- eable) unless the requirement for these attac)vants has . been waived in writing by OTS. , C. TOTAL COST AND TOTAL COST CLAIMED FOR REIMDURSEVEN7 - 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 contract; if the contract specifies 1001 cost reimburse:ent, this amount will equal the 'total cost' (provigod the total amount claimed on all reports may never exceed the •Maximum Amount Eligible for Rcirb4rso- mW) as shown in the contract. r 6. CUMULATIVE EXPENDITURES AND CLADS - Enter the sun -of expenditures shorn on this report plus those on all prior reports as cumulative actual expenditures. C�n ulattvv actual claimed is similarly corputod frcn clar-ed Planned expenditures are only reported on quarter -y re;,rts or on the last monthly report for a quarter (Ceer r, Page 4 of 17 EXHIBIT "B" STATE OF TEXAS' X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES Z 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." 111ITNESSETH 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 school area traffic safety improvement program in the City of Corpus Christi, Texas; and, WHEREAS, the school traffic safety improvement program is intended to reduce traffic accidents in the State of Texas; and, WHEREAS, the CITY desires to employ the CONSULTANT td provide professional engineering services in connection with such a Traffic Engineering Study of school areas which will be made in cooperation with and f inancially supported by the Office of Traf- fic Safety, State Department of Highways and Public Transportation. This contract is a subcontract under Office of Traffic Safety Contract # (78 ) NOW, THEREFORE,'the parties do mutually agree as follows: Article I TYPE OF CONTRACT This agreement bei:ween the CITY and the CONSULTANT shall be defined as "Lump Sum" type of CONTRACT. -1- 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 con- nection 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 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. 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 tie professional services required for the creation of -2- an implementation plan and program to achieve the safe and ef- ficient movement of traffic as described herein. In order to minimize or eliminate duplication of work, the CONSULTANT will collect, review and evaluate all existing and available data and maps relevant to the School Traffic Safety Improvement Program. Task 1. School Traffic Safety Data - Available data from the City will be updated by the CONSULTANT with a field reconnais- sance that will include school signs, marked crosswalks, sidewalks, adult crossing guards, and traffic signals on streets adjacent to the 47 public elementary schools listed in Appendix A. Task 2. Analysis of Data - Graphics will be prepared to show the present school safety traffic control devices within the environs of each school and the need for improvement of these controls will be evaluated. Adult crossing guards and.student safety patrol programs will be reviewed for consistency in oper- ations. Analysis of school related regulatory and warning signs as they, pertain to the conformity to Texas Manual on Uniform Traf- fic Control Devices (MUTCD) standards, and their compatibility with other traffic control measures in the area will be made. Task 3. Develop Plan of Safe School Routes - Based on the analysis of existing conditions in relation to traffic safety and engineering practices, school safety improvements for the City of Corpus Christi will be developed and include the following: recommended safe school routes from the residential areas to the school for schools.with defined attendance boundaries; minimiza- tion of automobile- bus - pedestrian conflicts at the school sites; and, recommended standardization in marked crosswalks and traffic signs including school speed zones. Task 4. Prepare Manual on School Traffic Safety - A manual of policies and practices will be developee. to provide guidance tc -3- city and school officials, parents, and teachers in maintaining adequate and uniform measures relating to school traffic safety. Task 5. Development of School Safety Report - This task will utilize the results of Task I through 4 to develop school safety improvements for the City of Corpus Christi. This program will include recommendations oriented toward implementation con- sidering the fiscal resources available for traffic engineering and safety. Cost estimates for use in capital improvement budget- ing will be prepared for the recommended improvements. Possible sources of funds for implementation of recommended improvements will be outlined. A preliminary report of findings and recommen- dations 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 first 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 II. 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. -4- 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,land previous data which are relevant to this study shall be made available. 2. Available traffic control device inventory data. 3. Locations of crossing guards and hours of assignment. ' f 4. Limits of school areas. 1 _ Article VI I r - STUDY COORDINATION AND REPORTS I Coordination - Study data, analyses, and findings will be discussed and fully coordinated during the work program by i the CONSULTANT with the CITY and /or its designated representatives. In addition, liaison will be establishediwith the District Engi- neer of the State Department of Highways and Public Transportation I of District 16 and /or his designated representatives for the pur- pose of coordinating the development of recommended improvements. I Preliminary Report - Upon completion of the work program outlined in Article II, the CONSULTANT will submit fourteen (14) I copies of a preliminary report for review and approval. Final Report - Upon completion of both the first and second . I portion of the work program, the CONSULTANT will submit fifty (50) copies of the final report to the CITY within 45 days following approval of the preliminary report. A Each report submitted will include the following state- ments on the cover page. i 1. This report was prepared for the City of Corpus Christi and the Office of Traffic Safety, State Department of Highways and Public Transportation -5- k 2. Thb 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 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 Twenty -One Thousand Five Hun- dred ($21,500) Dollars.` The anticipated cost for each work task is as follows: WORK TASK COST 1. School Traffic Safety Data $.5,800 2. Analysis of Data 5,000 3. Develop Plan of Safe School Routes 4,"L00 4. Prepare Manual on School Traffic 2,500 Safety S. Development of School Safety Report 4,000 TOTAL $21,500 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 an_ount due on the project. ¢ The lump sum amount is based on the estimate of costs shown on page 8 which reflects an indirect cost rate of 128 %. -6- CORPUS CHRISTI TRAFFIC SAFETY STUDY Estimated Man -Hour Distributions by Task PERSONNEL CATEGORY Principal Associates Principal Engineers Engineers Technicians Draftspersons Secretarial /Clerical TOTAL Prepared by Wilbur Smith and Associates TASK NUMBER 1 2 3 4 5 TOTAL 16 16 20 8 20 80 48 48 32 16 40 184 40 32 32 16 32 152 112 16 16 8 8 160 - 72 48 24 40 184 8 16 24 40 72 160 224 200 172 112 212 920 Prepared by Wilbur Smith and Associates CORPUS CHRISTI TRAFFIC SAFETY STUDY Estimated Cost Analysis A. Personnel Services (Payroll) Principal Associates 80 hrs. @ $14.00 /hr. $ 1,120 Principal Engineers 184 hrs. @ $11.00 /hr. 2,024 Engineers 152 hrs. @ $ 9.00 /hr. 1,368 Technicians 160 hrs. @ $ 6.00 /hr. 960 Draftspersons 184 hrs. @ $ 5.00 /hr. 920 Secretarial /Clerical 160 hrs. @ $ 4.00 /hr. 680 Sub -total $ 7,072 B. Burden Permanent Staff Payroll Costs (23.87 %)(7,072) $ 1,688= Overhead Costs (84.06 %)(8,760) 7,626 Sub -total $ 9,314 C. Direct Material Printing and Reproduction Supplies Long Distance Telephone Miscellaneous Sub -total D. Travel Costs Travel Subsistence E. Professional Fee Sub -total TOTAL ESTIMATED COST Prepared by Wilbur Smith and Associates 11-11 $ 900 200 150 50 $ 1,300 900 600 $ 1,500 $ 2,314 $21,500 Article IX CONTRACT TERMINATION If through any -cam 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 Agreement by giving written 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 T 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. Upon termination of this Agreement, whether for cause or at the convenience of 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 -9- s there is mutual assent between the contracting parties. (Such supplements and modifications are subject to approval by the agencies who originally authorized the CONTRACT, before allowable costs can be incurred nor 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 this 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 pa: -nt established in this CONTRACT. -10- Any amendments to this CONTRACT must be approved by the Texas Office of Traffic Safety beEore any associated work is per- formed and /or costs are incurred. Article XI DISPUTES l 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 substantial 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. -11- s 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 (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 ors iy 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. -12- sArticle 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 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 from 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 beirs, 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, Re- presentations, Certifications, and Acknowledgements, and Attach - meet 2, General Provisions. Article XV EQUAL OPPORTUNITY During the per c�rmance of this CONTRACT, the CONSULTANT agrees as follows: -13- 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 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. Article XVI OWNERSHIP OF DATA . All data and materials created or collected under the terms bf 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 Texas Office of Traffic Safety on re- quest. Article XVII AUDIT AND INSPECTION OF RECORDS The CONSULTANT shall permit the designated representa- tives of the CITY, Office of Traffic Safety, the Department of Highways and Public Transportation and the State - Comptroller for the State of Texas -to inspect and audit all data and records 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 -14- shall be maintained in accordance with generally accepted account- ing principles and shall be clearly identified and readily ac- cessible at all reasonable times. The CONSULTANT further agrees that authorized City, and State Officials shall, 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 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 i 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 kinder character whether -Is- 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 Thousand Dollars ($300,000.00) for death or injury 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. -16- IN WITNESS HEREOF, the parties hereto have executed this CONTRACT in duplicate originals at Corpus Christi, Nueces County, Texas, this day of , 1977• CITY 0I: CORPUS CHRISTI, TEXAS ATTEST: By City Secretary City Manager APPROVED: ATTEST: Day of ,1977 City Attorney Director of Finance WILBUR SMITH AND ASSOCIATES 17 By Vice President MZ APPENDIX A ELEMENTARY SCHOOLS Included in the School Safety Study: Allen, Carl Allen, T. G. Annaville Austin, Stephen F. Calallen Calk, Wm. C. Carroll Lane Casa Linda Central Park Chula Vista Clarkwood Crockett, David Crossley, Charles Evans, George Fannin, James W. Fisher, R. B. Flour Bluff Fraser, Wm. K. Garcia, J. A. Gibson, Weldon Houston, Sam Kennedy, J. F. Kostoryz ' Lamar, Mirabeau B. Lexington Los Encinos Lozano Magee, Wilma Meadowbrook Menger, M. Montclair Moore, Blanche Oak Park Parkdale Prescott Savage, Alice Borden Sanders, Fred B. Schanen Estates Shaw, Rose Skinner Smith, Weldon B. Travis, Wm. B. Tuloso- Midway Washington, Booker T. Windsor Park - Woodlawn Yeager, C. P. l Corpus Christi, Texas _day of 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 ti Gabe Lozano, Sr. A. Edward L. Sample The above ordinance was passed by the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill cl r Bob Gulley Gabe Lozano, Sr. Edward L. Sample 13893