HomeMy WebLinkAbout13901 ORD - 08/24/19770
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO
THE AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH
' ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION,
TO EXTEND THE CONTRACT APPROVED SEPTEMBER 2, 1975 TO
COVER THE PERIOD FROM SEPTEMBER 1, 1977 THROUGH AUGUST 31,
1978 FOR THE ADMINISTRATION OF SECTION 112 (FEDERAL -AID
HIGHWAY,ACT OF 1973) FUNDS, ALLOCATED TO THE CITY ACTING
AS THE METROPOLITAN PLANNING ORGANIZATION, AS MORE FULLY
SET OUT IN SAID AGREEMENT AND CONTRACT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ",
AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND
DECLARING AN EMERGENCY.
SECTION 1. That the City Manager be and he is hereby authorized
to amend the present agreement witA the State of Texas, acting through its
State Department of Highways and Public Transportation to extend the
contract approved September 2, 1975 to cover the period from September 1,
1977 through August 31, 1978, for the administration of Section 112
(Federal -Aid Highway Act of 1973) funds,'allocated to the City acting as
the Metropolitan Planning Organization, as more fully set out in said
agreement and contract, a substantial copy of which 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
aforesaid agreement so that planning work'on the 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 aft r its passage,
IT IS ACCORDINGLY SO ORDAINED, this the � day of 1977.
ATTEST:
City Secretary MAYOR
THE CITY OF-CORPUS CHRISTI, TEXAS
APPROVED: _
, �2 This ordinance is in effect and
day of`(�(,0� 1977. force with or without the
signature of the Mayor, in
.J. BRUCE AYCOCK, City Attorney accordance with Article II
Section 6 of the City Charter.
By
-Assistant City AVtorney MICROFILMED
.
7"
13901 JUL 0 71980
o n
STATE OF TEXAS X
CO=1 OF TRAVIS X
THIS AGREEMENT made this day of 1977,
by and between the State of Texas acting by and through its Engineer- Director of the
State Department of Highways and Public Transportation, hereinafter called the "State ",
and the City of Corpus Christi
hereinafter called the 'WO'
WITNESSETH
IMREAS, on September 2, 1975 a contract was entered into by and
between the above mentioned parties, which contract provided for the expenditure of
Federal Highway Funds pursuant to the provisions of Section 112 of the Federal -Aid
Highway Act of 1973; and,
WHEREAS, the parties desire to extend said contract to cover fiscal year
1977-78;
NOW, THEREFORE, it is hereby agreed that the aforementioned contract of
September 2, 1975 shall, subject to the conditions hereinafter stated, be
extended to cover the period from September 1, 1977 through August 31, 1978.
Conditions:
1. Under Item II, "The total reimbursement by the State is not to exceed
the total funds authorized by Commission Minute Orders Numbered 69036,
69255, 70539, 71734 and 73008 in the amount of $229,895.00 ,
less the funds reimbursed under previous agreements.
2. Exhibit "D" attached hereto shall replace Exhibit "D" as attached to
the aforementioned contract of September 2, 1975
EXHIBIT "A"
IN TESTIMONY *]EREOF, the parties hereto have caused these presents to be
executed on the aforementioned date.
State of Texas The City of Corpus Christi
Certified as being executed for the By:
purpose and effect of activating and /or Title City Manager
carrying out the orders, established policies,
or work programs heretofore approved and Date:
authorized by the State Highway and Public
Transportation Commission
ATTEST:
By:
Engineer-Director
Under Authority of Secretary
Commission Minute 70104
APPROVED AS TO FORM:
Date:
Recommended for Execution:
City Attorney
District Fjigineer, District 1
Director of Finance
Director, Finance Division
State Planning Engineer
Transportation Planning Division
Assistant Engineer-Director
Study Elements
FHWA (PL) FUNDS
MPO
1977 -1978
1.0 Administration and Management
-
$ 31,852
2.0 Preparation of Documents
11,500
3.0 SOcio- Economic and Environmental Indices
3,000
4.0 Transportation Plan Update
6,806
5.0 Traffic Engineering Studies
13,835
6.0 Transit Planning
-0-
7.0 Special Studies
300
$ 67,293
MPO
._
Man -Hours
$ 51,871
(Fringe)
11,225
Travel
2,169
Supplies
1,628
Equipment (purchase or rental).
400
67,293
The rate of reimbursement for the eligible cost item of "fringe benefits"
shall be fixed at 21.64% subject to review and approval by the State Department
of Highways and Public Transportation and the Federal Highway Administration_
In general, the eligible costs involved shall be limited to equipment
rental, authorized travel, office supplies, legal fees, personnel selection
and placement, office rent, and other necessary expenses directly associated
with the actual work performed. -
i
EXHIBIT "D"
8/15/77
CONTRACT
STATE OF TEXAS
COUNTY OF TRAVIS X
o "fG% 1975,
da y
THIS CONTRACT made this �� u
as acting by and through its Engineer- Direc-
by and between the State of Texfor of the State Department of Highways and Public Transportation, hereinaf-
ter 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 pro- -
vides for Federal highway funds to be made available to Metropolitan Planning
Organizations (MPO' the Governor to support the Urban
s) as redesignated by
established pursuant to Section 134 of Chapte
Transportation Planning process r
2 of Title 23, United States Code; and,
WHEREAS, the City of Corpus Christi has been redesignated by the
ation (MPO) for the Corpus
Governor as the Metropolitan Planning Organiz
the intensive study area as
Christi area and such area is identified as
t "A" attached hereto and made a part hereof;
Shown on the map marked Exhibi
and,
WHEREAS, the City of Corpus Christi has accepted the redesignation; and,
WHEREAS, the redesignation has the concurrence of the Steering Com-
mittee of the Corpus Christi Urban Transportation Study to perforce plan-
ning operations; and,
WHEREAS, the Corpus Christi Urban Transportation Study Agreement
designates the Policy Advisory Committee to provide general policy guid-
ance for the transportation planning process; 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) redesignation,,
"B" is attached hereto and
and a copy of such agreement marked Exhibit
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; and,
WHEREAS, on April 24, 1975, the State and MPO entered into an agree-
ment providing for certain planning functions to be -conducted by the MPO
with the cost therefore being reimbursable from the aforementioned Section 112
funds and said agreement will expire August 31, 1975.
NOW, THEREFORE, the State and the MPO in consideration of the prem-
ises 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 Met-
ropolitan Planning Organization agreement (Exhibit "B "), and as further out-
lined in the Continuing Phase Agreement (Exhibit "C "), or as may be subse-
quently amended and such amendments made a part hereof.
11. The State will reimburse the IIPO for the authorized cost in-
curred for the work described herein in accordance with Federal Procurement
Regulations Part 1 -15. Costs incurred subsequent to receipt of a written
work order and properly supported will be reimbursable. The total reimburse-
ment by the State is not to exceed the total funds authorized by State High-
way and Public Transportation Commission Minute Order Number 69255 in the
amount of $45,288 and the unexpended portion of the funds covered by the
2
aforementioned agreement of April 24, 1975. Specific work performed by the
MPO or its agents shall be reimbursed 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 summar-
izing all authorized costs by classification of costs showing description,
quantities, price, 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 IM 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 responsi-
bility 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 TSO for three (3) years after final payment
from the State and after Federal reimbursement has been received by thr 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 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, and agreement between the MPO and
the consultant or local agency shall be submitted to the State for approval
3
by the State and Federal Highway Administration prior to execution. The
use of qualified minority consultants by the MPO is encouraged.
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 inpart as provided herein, shall be submitted to the State for
review and shall have the approval of the Steering Committee and Policy Ad-
visory Committee if in accordance with the Metropolitan Planning Organization
and Continuing Phase Agreements (Exhibits "S" and "C "). Official submissions
to Federal Highway Administration shall be made by the State.
VII. The State, Federal Highway Administration, and other appropriate
governmental agencies shall be accorded proper facilities for review and in-
spection of the work provided for herein and shall at all reasonable times
have access to the premises, and to all documents and correspondence per-
taining to the work.
VIII. Any item of work under Section 112 presented for reimbursement
by the MPO which is not included in the Unified Work Program must 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 thereiaith.
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 1964. In fur-
therance of the requirements of Title 49, a copy of "Notice 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 Uni-
fied Work Program, this contract shall take precedence. -
XI1. 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
this Contract. In the event the work to be performed under this Contract
has not been satisfactorily concluded by August 31, 1976, 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, 1976. Also,
in the event the designation covered by Exhibit "B" should be revoked or mod-
ified, this Contract shall automatically terminate as of *the date of such
revocation or modification. Further, either Party may terminate its inter-
ests 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 MVO 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 ".
5
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed on the aforementioned date.
PARTY OF THE FIRST PART
State of Texas
Certified as being executed for the
purpose and effect of activating and/
or carrying out the orders, estab-
lished policies, or work programs
heretofore approved and
andauthoriZby the State Highway
Trans-
portation Commission.
sy:�
Engineer- Director
Under Authority of Commission
Minute Order 70104
PARTY OF THE SECOND PART
The City of Corpus Christi
Title: ` "� c�c • -
ATTEST:
�i" . -
City Secretary
APPROVED AS TO FORM:
Date: AyAttorne Recommend ed for Execution:
y
�' ' r Director of Finance
District Engineer, District 16 PV��pRki ll
Dire or, Finance Division
�1 Jr
State Planning Engineer
Assistant Engineer irector
6
CORPUS CHRISTI STUDY AREA
EXHIBIT
LF OF 6fEX /CO
0
AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT made this 18 day of July 1977
A.D., 1977, by and between the Texas Office of the Governor, acting by
and through the Director of the Budget and Planning Office„ Party of thq
First Part, and the City of Corpus Christi
Party of the Second Part:
WITNESSETH
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 :lass.
Transportation Administration (in accordance with Section 9 of the Urban .
Mass Transportation Act of 1964, as amended) intend to fund the same
designated metropolitan planning organization in each na t:ropoli can- area;
and
WHEREAS, the Federal Aviation Administration intends to-consider
t;tis agency for the receipt of airport system planning-funds under
1
Section 13 of the Airport and Airway Development Act of 1970; and
WHEREAS, it is the-desire of the parties that urban transportation
planning be integrated to the maximum extent possible with other areawlde
planning in the metropolitan area; and
WHEREAS, the successful implementation of urban transportation
planning requires the assistance and concurrence of all. local governments
in the metropolitan area.
EXHIBIT "B"
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:
I. Organization
Tile City of Corpus Christi
shall be the Metropolitan Planning Organization for transportation
planning in the Corpus Christi
urbanized area.
the XPtropolitan Planning Organization shall-.
A. Develop or assist in the - development of a multi -modal
transportation planning process. Prepare a Unified Work
Program which would specify the use of Section. 112 funds
or in those regions where a Unified Work'Program is not
required, prepare a plan for the use of these monies, and '
submit the Unified Work Program or plan for approval to
ihe Steering Committee established pursuant to Section
134 of Chapter 1 of Title 23 United States Code ; -
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 =he Steering Committee structure established pursuant
to Section 134 of Chapter 1 of Title 23 U.S.C. as the'
group giving the Metropolitan Planning Organization overall
transportation policy guidance.
II., Section 112 of the 1973 Federal -Aid Highway Act- authorizeb
additional funds for the purpose of carrying out the provisions of
Section 134 of Chapter 1, of Title 23 U.S.C. Therefore, first consid-
eration for the distribution of Section 112 funds will be given to .
planning efforts being conducted by cities, counties and regional councils
of governments who are assigned responsibility for basic elements of the
Urban Transportation Study Agreements established by the State Department
of Iiiglnxays and Public Transportation pursuant to Section.134 of Chapter I
of Title 23 U.S.C.
III. This agreement shall in no way establish any activity or
Process that would infringe upon or interfere with the statutory obligation
of the State Department of Highways and Public Transportation.
IV. The Metropolitan Planning Organization will contract with the
State Department of Highways and Public Transportation 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 Metropolitan Planning Organization has sub - contracted to
accomplish wor ?c 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 State Department of Highways and Public
Transportation according to federal and State requirecients. Reimbursement
will be made on a periodic basis. '
V. This agreementinay be renegotiated as necessary to meet
changing conditions or terminated by either party.
VI. This agreement %rill terminate on August 31, 1979_ Renegotiation
for renewal of -the -designation may begin after I'Tay 31, 1979. Then by
mutual agreement this agreement may. be renewed for a two -year period.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures
on the dates indicated. -
Party of the First Part Party of the Second Part
S GOV : `TORTS OfFITICE - -
'-A y �
Director, AudgAt & Planning Office R. Marvin Townse d, City Manager
Date: August 3, 1977 Date: -7 —,1-7- 7Z
Attest: -
383}x...__ .... AUthURIiE� /c�%i i �J �f'oiZ�!'
City Secrets
Ji v�J1�Cil - -- •• ry y
•�•
-- -• -• -• SECRETS _.... Date: 7 -lS- 77
---• -• ���
App oved: _
/°
^ City Attor efy 7
Date:- J3,
Attachments:
1. A resolution from the Metropolitan Planning Organization
accepting the designation renewal.
2.- A document indicating continued support of the designated
Metropolitan Planning Organization if required.-
A
Corpus Christi, Texas
day of_�' 197
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
Y
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr. +
Edward L. Sample
I V