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HomeMy WebLinkAbout12537 ORD - 03/19/1975MLM:vp:3 /17/75:1st AN ORDINANCE AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY DEPARTMENT, FOR THE ADMINISTRATION OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, WITH THE CITY ACTING AS THE METROPOLITAN PLANNING ORGANIZATION, AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to enter into a contract with the State of Texas, acting by and through its State Highway Department, for the administration of Section 112 (Federal -Aid Highway Act of 1973) funds, with the City acting as the Metropolitan Planning Organization, as more fully set out in said contract, a copy of which, in substantially the same form, is attached hereto, marked Exhibit "A ", and made a part hereof for all pertinent purposes. SECTION 2. The necessity to authorize the execution of the afore- said contract so that planning work on this project may proceed in an orderly manner, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the // / day of March, 1975. ATTEST: ecret APPROVED: j U DAY OF MARCH, 1975: /01141 City Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 12537 .' STATE OF TEXAS X COUNTY OF .TRAVIS X CONTRACT ' THIS CONTRACT made this day of , 1975, by and between the State of Texas acting by and through its State Highway Engineer, hereinafter called the "State ", and the City of Corpus Christi. hereinafter called the "MPO ". WITNESSETH WHEREAS, Section 112 of the Federal -Aid Highway Act of 1973 provides for Federal highway funds to be made available to Metropolitan Planning Organizations (MPO's) as designated by the Governor to support the Urban Transportation Planning process established pursuant to Section 134 of Chapter 1 of Title 23, United States Code; and, WHEREAS, the City of Corpus Christi has been designated by the Governor as the Metropolitan Planning Organization (MPO) for the Corpus Christi area and such area is.identified as the intensive study area as shown on the map marked Exhibit "A" attached hereto and made a part hereof; and, WHEREAS, the City of Corpus Christi has accepted the designation;- and, WHEREAS, the designation has the unanimous concurrence of the signatory parties of the Corpus Christi Urban Transportation Study to perform such planning operations as the Steering Committee of the Corpus Christi Urban Transportation Study might direct; and, WHEREAS, an agreement has been executed between the City of Corpus Christi and the Governor's Office, Division of Planning Coordination, in accord with the Metropolitan Planning organization (MPO) designation, and a copy of such agreement marked Exhibit "B" is attached hereto and made a part hereof; and, ..' ,.. WHEREAS, Section 134, Chapter 1 of Title 23, United States Code, provides that the Secretary of the Department of Transportation shall not approve under Section 105 of this title any program for projects in any urban area of more than fifty thousand population unless he finds that such projects are based on a continuing, comprehensive transportation planning process carried on cooperatively by states and local communities in conformance with this section, and such a planning process is currently in operation in accordance with the Continuing Phase Agreement dated July 27, 1973, for the Corpus Christi Urban Transportation Study, a copy of which marked Exhibit "C" is attached hereto and made a part hereof. NOW, THEREFORE, the State and the MPO in consideration of the premises and the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: I. The MPO agrees to assume responsibility for the planning work authorized by the Steering Committee and financed by Section 112 planning funds allocated for the Corpus Christi Urban Transportation Study as stated hereinafter and in pursuit of the planning functions outlined in the Metropolitan Planning Organization agreement (Exhibit "B "),:and as further outlined in the Continuing Phase Agreement (Exhibit "C "), or as- may be subsequently amended and such amendments made a part hereof. 1I. The State will reimburse the MPO for the authorized cost incurred for the work described herein in accordance with Federal Procure- ment Regulations Part 1 -15. Costs incurred subsequent to receipt of a written work order and properly supported will be reimbursable. The.total reimbursement by the State is not to exceed the total funds authorized by Texas Highway Commission Minute Order Number 69036 in the amount of $40,873. Specific work performed by the MPO or its agents shall be reim- bursed by the State on the basis of actual costs incurred in accordance with current Federal Highway Administration regulations. The State will make payments to the MPO as partial payments based upon properly prepared and executed Form 132 and a billing summarizing all authorized costs by 2 11111.. " . classification of costs showing description, quantities, p rice, extension, and total. Such payments shall be made no more frequently than on a monthly basis. From the amount due, the State will withhold five (5) percent pending completion of the work performed under the terms of this Contract. Prior to final payment, an audit of the records supporting the costs claimed by the MPO shall be made.. The audit will be performed in accordance with standard State procedures. The MPO shall make available records for said audit to authorized representatives of the State and Federal agencies involved. The MPO shall bear responsibility•for all funds determined to be ineligible for federal reimbursement and shall refund to the State such funds in excess of the five (5) percent retainage_ All fiscal records relating to work for which reimbursement is made shall be maintained by the MPO for three (3) years after final payment from the State and after Federal reimbursement has been received by the State_ III. The MPO shall furnish to the State quarterly progress reports covering the work performed and the expenditure of the Section 112 funds. The first such quarterly report shall be due 90 days from the effective date of this contract and will be due every 90 days thereafter during the period of this contract. The due date may be adjusted to satisfy special or unusual circumstances. IV. Specific planning functions as identified in the Unified Work Program, including agency responsibility and the costs thereof, shall be approved by the Steering Committee at the time of submission of the Unified Work Program and are generally identified as shown in Exhibit "D" which is the applicable portion of the Unified Work Program, attached hereto and made a part hereof. V. When specific planning work is to be accomplished by the use of consultants or local government agencies, an agreement between the MPO and the consultant or local agency shall be submitted to the State for approval by the State and Federal Highway Administration prior to execu- tion. The use of qualified minority consultants by the MPO is encouraged. 3 • VI. A reasonable number of copies of all reports, proposals, brochures, and Unified Work Programs developed by the MPO and /or its agents and financed in whole or in part as provided herein, shall be submitted to the State for review and shall have the approval of the Steering Committee and Policy Advisory Committee if in accordance with the Metropolitan Planning Organization and Continuing Phase Agreements (Exhibits "B" and "C "). Official submissions to Federal Highway Admin- istration shall be made by the State. VII. The State, Federal Highway Administration, and other appro -- accorded proper facilities for priate governmental agencies review and inspection of the reasonable times have access to the premises, and to all documents and correspondence pertaining to the work. Section 112 presented for reimburse - Program must shall be work provided for herein and shall at all VIII. Any item of work under ment by the MPO which is not included in the Unified Work have prior approval of the parties responsible for approval of the original submission. IX. The MPO and /or its agents will comply with all applicable laws, rules, and regulations, and the orders of any court in any matter affecting the performances of this Agreement, including workman's compensation laws, and wage statutes. When required, the MPO shall furnish the State with satisfactory proof of its compliance therewith. X. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of of the requirements of Title 49, a copy of "Notice- 1964. In furtherance to Contractors - Compliance with Title VI of the Civil Rights Act of 1964 for Federal -Aid Contracts" is marked Exhibit "E" attached hereto and made a part hereof. XI. In the event the terms of this Contract are in conflict with the provisions of any other existing contract between the State and the MPO for expenditures of Section 112 planning funds under the approved 4 Unified Work Program, this contract shall take precedence. XIi. Any alterations, extensions, supplement, or modification of the terms 'of this Contract as detailed herein shall be agreed to in advance and in writing by the parties hereto. XIII. This Contract shall terminate upon completion of a final audit and receipt of a final payment for the work performed under the terms of s this Contract. In the event the work to be performed under this Contract has not been satisfactorily concluded by August 31, 1975, this Contract shall terminate and any funds remaining shall be carried over into a contract to be executed between the-same parties on or about September 1, . 1975. Also, in the event the designation covered by Exhibit "B" should be revoked or modified, this Contract shall automatically terminate as of the date of such revocation or modification. Further, either Party may terminate its interests and obligation under this Contract by giving thirty (30) days notice in' writing to the other Party. Upon termination for any reason, all records pertaining to work covered by this Contract shall be retained as specified in Item II hereof. -_ XIV. The MPO shall save harmless the State or any agency of the government from all claims and liability due to its negligent acts or the negligent acts of its subcontractors, agents or employees. . XV. All reports published by the State and /or the MPO shall. contain a statement to the effect that it is "prepared in cooperation with the U.S. Department of Transportation, Federal Highway Administration ". • IN TESTIMONY WHEREOF, ..the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE SECOND PART The City of Corpus Christi PARTY OF THE FIRST PART State of Texas .Certified as being executed for the s. purpose and effect of activating and/ or carrying out the orders, estab- By: lished policies, or work programs Title: heretofore approved and authorized by the State Highway Commission. t ATTEST: By: State Highway Engineer Under Authority of Commission Minute 67022 Date: Recommended for Execution: • District Engineer, District 16 Director, Finance Division Engineer - Director Planning and Research Division Assistant State Highway Engineer. 6 City Secretary APPROVED AS TO FORM: City Attorney CORPUS CHRISTI STUD'? AREA EXHIBIT ".A" SAN PATRICIO COUNTY Lea CORPUS CHRIST/ DAY ;74r: GULF or ALE XICO NUECES COUNTY OSO C • '•i AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT tITll TFIE TEXAS OFFICE OF THE GOVERNOR SO AS TO PROVIDE FOR DESIGNATION OF THE CITY OF CORPUS CHRISTI AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE CORPUS CHRISTI URBANIZED AREA IN ORDER TO COMPLY WITFI THE FEDERAL -AID HIGHI:IA'( ACT OF 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY QF 4JF1ICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the Federal -Aid Highway Act of 1973 in Section 112 allocates, for the first time, planning funds to Metropolitan Planning Organizations to support the urban transportation planning process; and WHEREAS, the Federal Highway Administration (in accordance with Section 112 of the Federal -Aid Highway Act of 1973) and the Urban Mass Transportation Administration (in accordance with Section 9 of the Urban Mass Transportation Act of 195 4, as amended) intend to fund a metropolitan planning organiz Lion in each metropolitan area; and WHEREAS, the Federal Aviation Administration intends to consider this agency for the receipt of airport system planning funds under Section 13 of the Airport and Airway Development Act of 1970; and WHEREAS, it is the desire of the City of Portland, the County of Nueces and the County of San Patricio that urban transportation planning be integrated to the maximum extent possible with the City of Corpus Christi; and WHEREAS, the successful implementation of urban transportation planning - requires the assistance and concurrence of all local governments in the metro- politan area.: � T F 0aE SE IT O'DAI ?!ED BY THE CITE' CCIi "CIL 0 .•,E CIT. OF CO. PL CHRISTI, TEXAS: . SECTION 1. That the City Manager be and he is hereby authorized to execute an agreement with the Texas Office of the Governor so as to provide for designation of the City of Corpus Christi as the Metropolitan Planning Organization for the Corpus Christi urbanized area in order to comply with the Federal Aid Highway Act of 1973, all as more fully set forth in the agreement, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ". 12077 EICiIBIT "B" SECTION 2. The necessity to immediately authorize the City Manager to execute the aforesaid agreement in order to comply with the Federal -Aid Highway Act of 1973 creates a public emergency and an imperative public neces- sity requiring the suspension of the Charter rule providing that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council and the Mayor having declared that such public emergency and. necessity exist, and having requested that such Charter rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the �'f 4ey of May. 1974. ATTEST- ' f City Secretagy . AP pED: •iA OF . -'. , 197Q: • Attorney V � MAYOR t :a:&ua • Tr' CITY OF CORPUS Ch�RISTI, TEXAS Corpus Christi, Texas >19751 TO THE ME SRRS OF THE CITY COUNCIL Corpus Christi, Texaa set forth in the emergency clause of the foregoing For the reasons the suspen- sion a public emergency and imperative necessity exist for p" sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinanceefrre, resolution th shall u su read at three meetings of the City Council; I, request that you sus ?end said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, WO" Pg.,-Ten CITY-OF—CORPUS CIRRI TEXAS The Charter r::le vas suspended by the following vote: CLIc�� Jason L.`y Janes T. :_cuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stnrk r: assed by the following vote: The above ordinance was p Y - B Jason Luby Jar:e3 T. Acufk Harold T. Branch 1 1. ta.: V. Gonzales Ricardo Gonzalez Gabe,Lozan0, Sr. AGREEMENT THE•STATE OF TEXAS COUNTY OF IUECES This Agreement made this the day of , 1974, by and between the Texas Office of the 0ovei-nor, acting by and through the Director of the Division of Planning Coordination, and the City of Corpus Christi, a municipal corporation, home rule city and body politic operating under the home rule statutes of the State of Texas, hereinafter sometimes called "City ": WITliESSETH: WHEREAS, the Federal -Aid Highway Act of 1973 in Section 112 allocates, for the first time, planning funds to Metropolitan Planning Organizations to support the urban transportation planning process; and - - W = R =: =•S, the Federal Highway Administration (in accordance with - c ion 112 of ='e Federal -Aid Highway Act of 1973) and the Urban Mass Transportation r nistration (in accordance with Section 9 of the Urban Mass Transportation Act of 1964, as amended) intend to fund a metropolitan planning organization in each metropolitan area; and WHEREAS, the Federal Aviation Administration intends to consider this agency for the receipt of airport system planning funds under Section 13 of the Airport and Airway Development Act of 1970; and WHEREAS, it is the desire of the City of Portland, the County of Nueces and'the County of San Patricio that urban transportation planning be integrated to the maximum extent possible with the City of Corpus Christi; and WHEREAS, the successful implementation of urban transportation planning requires the assistance and concurrence of all local governments in the metropolitan area: - NOW, THEREFORE, it is hereby agreed that the use of funds made available under Section 112 of the Federal -Aid Highway Act of 1973 shall be . governed by the organization and responsibilities as set out in the following paragraphs: 1. Organization: The City of Corpus Christi shall be the Metropolitan Planning Organization (MPO) for transportation planning r-. in the Corpus Christi urbanized area consisting generally of the City of Corpus Christi and the City of Portland. The MPO shall: A_ Develop or assist in the development of a multi -model transportation planning process. Prepare a unified - work program which would specify the use of Section 112 funds, and submit the unified work program or plan for - approval to the Steering Committee established pursuant to Section 134 of Chapter 1,of Title 23, USC. B. Insure that transportation planning in the urbanized area is successfully coordinated and integrated with ' other comprehensive planning in the State Planning Region. C., Use the Steering Committee established pursuant to Section 134 of Chapter 1 of Title 23, USC, as the ?4P0`s Transporta -.. tion Policy Advisory Committee_ 2. Section 112 of the 1973 Federal -Aid Highway Act authorizes additional funds for the purpose of carrying out the provisions of Section 134 of Chapter 1, Title 23 USC. Therefore; first consideration for the - . distribution of Section 112 funds will be given to existing planning efforts being conducted by cities, counties and regional councils of government who are assigned resper:r 5iiity for basic elements of the Urban Transportation _�_c• Agreements esabblished by the Texas Highway Department pursuant to .. Se_ -on" 134 of Char 1, Title 23 USC. 3. :This aareement shall in no way establish any activity or process that would infringe upon or interfere with the statutory obligation of the Texas Highway Department. 4. The ".PO will contract with the Texas Highway Department for Section 112 Planning Funds. The expense involved in urban transportation planning will be assumed by the Metropolitan Planning Organization or agencies with which the.MPO has subcontracted to accomplish work identified in the approved unified work program or plan for the use of Section 112 funds. Vouchers for completed work under the annual unified work program or plan for use of Section 112 will be audited and approved by the Texas Highway Department according to federal and State requirements. Reimbursement will be made on a periodic basis. - 5. This agreement may be renegotiated as necessary to meet changing conditions or terminated by either party. 6. This agreement will be subject to renegotiation one (1) year from the date of designation, unless terminated earlier. Then by mutual -2- agreement in writing this agreement may be renewed for a two (2) year period within ninety (90) days of termination. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the dates indicated. ATTEST: TEXAS GOVERNOR'S OFFICE By Director, Division of Planning Coordination Date CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager APPROVED: _ DAY OF MAY, 1974: / City Attorney RECOMMENDED FOR EXECUTION: Title C E R T 1 F 1 CAT E THE STATE OF TEXAS ( COUNTY OF NUECES X 1, the undersigned, City Secretary cF'the City of Corpus Christi, Texas, do certify that the foregoing is a true and correct copy of Ordinance No. 12077 authorizing City Manager to execute an agreement with Texas Office of the Governor to provide for designation of the City of Corpus Christi as the Metropolitan Planning Organization for the Corpus Christi urbanized area to comply with the Federal —Aid Highway Act of 1973, passed by the City Council on May 22, 1974, as more fully set forth in the foregoing ordinance, as same appears in the Official Records of the City of Corpus Christi, Texas, of which 1 am the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus . . Christi, Texas, this 30th day of May , 1974 T. RA KING, C)? Secre City of Corpus C -.sti, Texa ',(SEAL) • STATE OF TEXAS j COUNTY OF TRAVIS j AGREEMENT Exhibit "C" THIS AGREEMENT made this 27, day of 4 /4 A.D., 1973, by and between the State of Texas, acting by and through its Highway Engineer, Party of the First Part, hereinafter referred to as the State, and the Cities of Corpus Christi and Portland, municipal corporations, hereinafter referred to as the Cities, and the Counties of Nueces and San Patricio, hereinafter referred to as the Counties, Parties of the Second Part: WITNESSETH - WHEREAS, the above mentioned agencies on May 12, 1972, did agree to_ participate in a continuing, comprehensive, cooperative transportation planning process for the Corpus Christi Urban Transportation Study Area as provided in the Federal -Aid Highway Act of 1962; and, WHEREAS, the Corpus Christi Urban Transportation Study Area is defined as encompassing the Corpus Christi Urbanized Area as devised by the Bureau of the Census and other adjacent areas as determined by the Policy Advisory Com=mittee with a total data base for the study consisting' of the Corpus Christi Standard Metropolitan Statistical Area; and, WHEREAS, it is the desire of the parties hereto that the Study organization be revised to provide a top committee for guiding the Study to be composed of all elected officials; NOW, THEREFORE, it is hereby agreed that the aforementioned agree- ment of May 12, 1972, shall be considered null and void and said document shall be replaced in its entirety by this agreement with the organization and responsibilities as set out in the following paragraphs: I. Organization A. A Policy Advisory Committee.will furnish policy guidance and direction for the continuing transportation study. This Committee will consist of an elected official who will represent the City of Corpus Christi, an elected official who will represent the City of Portland, an elected official who will represent the County of Nueces, and an elected official who will represent the County of San Patricio. All State Senators and State Repre sentatives whose areas include the Corpus Christi Study Area and the U. S. Congressman serving the Study Area shall be invited to serve as Committee members. The functions of this Committee shall be as follows: 1. Provide general policy guidance for the transportation planning process. .. 2. Review annually the transportation plan (revised as necessary) and recommend its adoption and implementation by local govern- ments and agencies. 3. Take appropriate action on the recommendations of the Steering Committee including those relative to certification and recertification action for the.study. 4. Meet at intervals as necessary to perform its functions. - 5. Hold a public meeting to discuss the status of planning at least once a year. B. A Steering Committee composed principally of elected city and county officials or their designated repre- sentatives and locally elected State officials shall be formed. The voting members of this Committee shall be representatives of the Cities,•COUnties, elected State officials as appropriate, and representatives of the Texas Highway Department including those for the District Engineer and the Chief Engineer of Highway Design. The voting membership shall be as indicated in the following table: VOTING MEMBERSHIP City of Corpus Christi '3 City of Portland • 1 County of Nueces County of San Patricio 1 Texas Highway Department 2 Locally Elected State Officials 5 (Those desiring to serve) The coastal Bend Council of Governments and the Federal Highway Administration shall each be repre sented by a non - voting member. - The functions of this Committee shall be as followsn 1. Provide routine guidance to the planning process. 2. Examine the adequacy of the continuing planning process at appropriate intervals and at least annually have each agency assigned responsibility for updating various study elements make a progress report from which an annual written progress report will be prepared. 3. Recommend to the Policy Advisory Committee any revisions to the Plan found necessary. 4. Determine if the current transportation data - is in accord with previous projections and recommendations or if there are discrepancies of a nature that would require significant changes in the Plan. A complete review and, if necessary, revision of all elements of the Plan shall be made at approximately five year interval*_ 5. Review this agreement annually and determine if it should be supplemented or' renegotiated and recommend action to -the Policy Advisory Committee. 6. Review the operation plan annually and recommend revisions if necessary. 7. Review the limits of the Study Area and,-if necessary, make recommendations to the Policy Advisory Committee for minor revisions_ 8. Designate such technical committees or task forces as found necessary to carry out the planning process. II. The study elements involved'in the first phase of the Corpus Christi Urban Transportation Study and presented in the report entitled the Corpus Christi Transportation Plan shall continue to provide the basic data for the continuing planning process and shall be maintained - currcn% or updated as necessary. cm_'ecaSCS shall be reevaluated as necessary and at approximate five year intervals with new forecasts made for the succeeding five and twenty year periods. III. The primary responsibility for maintaining current or updating the basic study elements shall be vested in the agency whose routine operations normally involve maintenance of records relative to the study elements and as indicated in the following list: A. Economic Factors Cities B. Population Cities C. Land Use Cities D. Transportation Facilities f' 1. Functional Classification Cities- Counties -State of Streets 2. Traffic Volumes Cities -State - 3. Capacity Study 4. Travel Time Cities -State 5. Accident Study .Cities-State 6. Mass Transit Cities E. Travel Patterns - State F. Terminal and Transfer Facilities Cities G. Traffic Engineering Features Cities -State -. H. Financial Resources .Cities - Counties -State I. Community Controls Cities J. Community Value Factors Cities • Cities -State IV. A Planning Coordinator will be assigned by the' State to work in close cooperation with the Cities and Counties. His principal duties will be as follows: A. Arrange for meetings of the Policy Advisory Committee' when appropriate or at least once a year. B. Arrange for meetings of the Steering Committee'as necessary. C. Maintain liaison and act in an advisory capacity to both committees. D. Coordinate the continuing planning process with the Cities and Counties and maintain liaison between the Cities, Counties and State. E. Make available to participating agencies.all projected traffic and other data relative to the Study Area. F. Recommend to the Policy Advisory Committee and /or the Steering Committee special studies, revision. of the Transportation Plan,;or'renegotiation of this agreement when considered appropriate. G. Maintain file of annual summaries of all study elements involved in the continuing planning process and prepare an annual progress report to reflect general development and plan implementa- tion within the area. H. Arrange for additional or modified traffic assign- ments and assist in the procurement of additional data for zonal traffic forecasts. • 1. Maintain current record of expenditures by the State and the Federal Highway Administration for transportation facilities within the Study Area_ . It is further agreed that: A. The existing Operations Plan shall be updated as necessary by the parties hereto in order to currently outline the conduct of the continuing Study, the assignment of responsibilities and the methods to used in the surveillance and reappraisal of the various elements. B. The expense involved in the continuing planning process, data gathering, review, and updating the various study elements will be assumed by the participating agency assigned responsibility as listed in this agreement. C. This agreement may be supplemented or renegotiated as necessary to meet changing conditions and as recommended by the Policy Advisory Committee_ D. By mutual agreement, the parties hereto may terminate this agreement. IN WITNESS WHEREOF, the Parties have hereunto affixed their signa- tures on the dates indicated. PARTY OF THE FIRST PART STATE OF TEXAS RECOMMENDED FOR EXECUTION: Certified as being executed for the purpose and effect of acti- vating and /or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: State Highway Engineer under Authority of Commission Minute 6702,2 Date: By: 7/97.3 � .\p1 j`Q�� (f LO • tip QeR'c) \ 4 1E6l8ZIZ CITY OF CORPUS CHRISTI District Engineer - Distri 16 Engineer of Urbpianning Chief ,Engineer of highway Design -P1s ;fir �----- Direc or P1a'.n%ing Survey / Assistant State PARTIES OF THE SECOND PART CITY OF PORTLAND Date: "City Manager ATTEST: 7Ae, /7-3 —1— By: ghway •n • neer /277 / Date: ATTEST: City Manager g,,.,,C7 3 . f yl3. City Sec etar APPROVED AS TO FORM: - - -7i�. ity Attorney PPROVED AS TO FORM: 1 l� City Attorney By: COUNTY OF NUECES f County Judge Date: \ •li-:,✓ct� / . /C7J ATTEST_ ,zs - O,jv,�/ z� - CoAnttyy C1e'rk , APPROVED AS TO E'ORM: ! f County Attorney ITY OF SAN PATRICIO cfnty Judge Date: A /773 - ATTEST: i 7• County Clerk ROVED AS TO FORM County Attorney ti. • EXHIBIT "D" Study Elements 1.1 Policy and Administrative $ 1,000 Organization 1.2 Operation Plan Review 500 1.3 Annual Progress Report 500 1.4 Unified Work Program, 2,000 FY 1976 1.5 Status of Planning Report, 1,000 FY 1976 PL Funds MPO 2.1 Reappraisal of Corpus Christi Urban 2,000 Transportation Study 2.2 Citizen Participation 1,000 3.1 Socio- Economic and 3,000 Environmental Indices 3.2 Population and Housing 5,889 3.3 Land Use 5,889 3.4 Transportation Facilities 8,000 4.1 Transit Study - Data 2,625 Collection and Review 4.2 Transit Study - Data 3,230 Analysis Phase 4.3 Development of Transit 2,928 Plan and Program 4.4 Transit Study - Preliminary 1,312 and Final Report TOTAL $ 40,873 MPO 23,676 Man-Hours 3,855 (fringe) 1,800 Travel Overhead 4,905 3,637 Supplies Equipment 3,000 (purchase or rental) TOTAL $ 40,873 The rate of reimbursement for the eligible cost items of "Overhead" and "Fringe Benefits" shall be fixed at 12% and 177 respectively subject to concurrence by the Texas Highway Department and the Federal Highway Administration. In general, the eligible costs involved shall be limited to equip- ment rental, authorized travel, office supplies, printing costs, personnel salaries, legal fees, personnel selection and placement, office rent and other necessary expenses directly associated with actual work performed. Transmittal 246 PPM 50-1.2 may 18, 3.972 Attachment 2 NOTICE TO CONTRACTORS, COMPLIANCE WITH TITLE VI OF THE CtIVIL RIGHTS ACT OF 1964 FOR • FEDERAL -AID CONTRACTS Luring the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor "), agrees as follows: (1). Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimi - nation in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21; hereinafter referred to as the Regulations), which are herein incorporated by referenes and made is part of this contract. (2) Nondiscrimination: The contractor, with regard to the work per- formed by it after award and prior to completion of the contract work, will not discriminate on the ground of race., color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix S of the Regulations. (3) Solicitations for Subcontracts, Including Procurenents'of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, • each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all informa- ' tion and reports required by the Regulations, or orders and instruc- tions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth that efforts• it has made to obtain the information. (5) Sanctions 'for Noncompliance: In the event of the contractor's non - the Statee with the nondiscrimination all Impose such contractasanctions, the State High'aay Department Er-x.11161-1- E- P 54 -1 P Transmittal 240 Attachment 2 MY 18, l • as it or the'Federal Highway Administration may dd}terciine to be appropriate, Including, but not limited to, (a) Withholding of payments to the contractor under the contract until the contractor complies, and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor subcontract, include t visions of paragraph (1) through (6) in includ- ing procurements of materials and leases of equipment, unless - exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State HiglrJay Department or the Federal Highway Administration may direct as a means of enforcing such pro- visions including sanctions For noncompliance: Provided, however, . that, in the tionevent with contractor subcontracto becomes orinvolved supplierin, as a result of such - dire litigation litigation to contractor may the enter - the contractor may request the United States to enter into auch..liti- gation to protect the interests of the United States. - • -2- Corpus Christi, Texas /7 day of Au.,Z , 19 7r-- TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfull MAYOR THE CITY OF CORPUS CHRISTI, T The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark