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.
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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
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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 %.
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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
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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.
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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.
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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.
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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:
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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.
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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
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