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HomeMy WebLinkAbout12766 ORD - 08/27/197514:VMR:8- 25.75 ;1sT I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR,THE�ADMINISTRATION OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, WITH THE CITY ACTING AS THE METROPOLITAN PLANNING ORGANIZATION, ALL 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 DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR THE ADMINISTRA- TION 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, 15 ATTACHED HERETO MARKED EXHIBIT "A ", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. SECTION 2. THE NECESSII~Y 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 REQUIR- ING 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 AF ER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE a DAY OF , 1975• ATTEST: C rfY SECRE ARY MAYOR APPRO/��V. D: TH CITY OF CORPUS CHRISTI, TEXAS �'bAY o 1975 AT CITY ATTO 12766 CONTRACT STATE OF TEXAS X COUNTY OF TRAVIS THIS CONTRACT made this day of , 1975, by and between the State of Texas acting by and through its Engineer-Direc- tor 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's) as redesignated by the Governor to support the Urban Transportation Planning process established pursuant to Section 134 of Chapter 2 of Title 23, United States Code; and, WHEREAS, the City of Corpus Christi has been redesignated 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 redesignation; and, WHEREAS, the redesignation has the concurrence of the Steering Com- mittee of the Corpus Christi Urban Transportation Study to perform 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, and a copy of such agreement marked Exhibit "B" is attached hereto and made a part hereof; and, f,x�r' r7 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 projectA 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. II. The State will reimburse the MPO 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 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 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 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 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 MP 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 fn part 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 "B" 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 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 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. 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 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 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 ". 5 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART PARTY OF THE SECOND PART State of Texas ' The City of Corpus Christi Certified as being executed for the Purpose and effect of activating and/ BY: or carrying out the orders, estab- lished policies, or work programs heretofore approved and authorized Title: by the State Highway and Public Trans- ATTEST: portation Commission. By: Engineer- Director Under Authority of Commission Minute Order 70104 City Secretary Date Recommended for Execution: District Engineer, District 16 Director, Finance Division State Planning Engineer Assistant Engineer- Director 6 APPROVED AS TO FORM: City Attorney 4 CORPUS CHRISTI STUDY AREA EXHIBIT'W' OF 4f,,,Y/00 1�z j