HomeMy WebLinkAbout15912 ORD - 11/26/1980Are
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 :Ch day of November, 1980.
ATTEST:
City' Secretary r
APPROVED:
OR
CITY OF CORPUS CHRISTI, TEXAS
v DAY OF NOVEMBER, 1980:
�B,�,�,��y��h7
MICROfJLMED
City Attorney
159'5 ;$91) 27 4984
CONTRACT
STATE OF TEXAS 1
COUNTY OF TRAVIS
THIS CONTRACT made this day of
A.D. 1980 by and between the State Department of Highways and Public
Transportation acting by and through its Engineer -Director, hereinafter referred
to as the "State," and the City of Corpus Christi hereinafter referred to as
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; and,
WHEREAS, the City of Corpus Christi has been
designated by the Governor as the Metropolitan Planning (MPO) for the intensive
study area as delineated in Exhibit "A".
WHEREAS, an agreement has been executed between the City of Corpus Christi
and the Governor's Office of Budget and Planning, and a
copy of such agreement marked Exhibit "B" is attached hereto and made a part
hereof; and,
WHEREAS, on September 5, 1975 , the State and MPO entered into a
contract providing for certain planning function's to be conducted by the MPO with
the cost therefore being reimbursable from the aforementihned Section 112 funds;
and,
WHEREAS, it is also the desire of the parties hereto that the above mentioned
funding contract be revised to allow for a more flexible funding procedure.
NOW, THEREFORE, it is hereby agreed the aforementioned contract shall be
considered null and void and all provisions of the former contract shall be replaced
in their entirety by the following paragraphs:
1. The MPO agrees to assume responsibility for planning work authorized by
the Technical Advisory Committee and financed by the Section 112 funds
allocated for the Corpus Christi Urban Transportation Study Area
and as outlined in the latest approved Unified Work Program.
Zxa, 60
2. The State will reimburse the MPO for the authorized cost incurred 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 reimbursement by the State is not to exceed the total funds
authorized by all existing Commission Minute Orders, less funds pre-
viously expended. 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 summarizing 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. An audit of the records
supporting the costs claimed by the MPO will 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 reimburse-
ment and shall refund to the State such funds. 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
Federal reimbursement has been received by the State.
3. Specific planning functions involved, including agency responsibility
and the costs therefore, shall be approved by the Transportation Planning
Committee and are in an approved Unified Work Program.
4. The utilization and disposition of property acquired in whole or in part
with Federal funds under this contract shall comply with -the standards
of Attachment N. OMB Circular No. A-102.
5. The procurement of services, supplies, equipment, etc., shall comply
with the standards of Attachment 0, OMB Circular No. A-102 and FHPM 1-7-2.
6. The effective date of each approved Unified Work Program will be
September 1, of each applicable fiscal year. On that date, each Unified
Work Program will constitute a new federal project and payments by the
State will be made based on the final approved version of the document.
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This provision of the contract will preclude the necessity of annual
amendments to reflect new funding for each fiscal year.
7. When specific planning work is t6 be accomplished by the use of consul-
tants, 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
execution.
8. A reasonable number of copies of all information, reports, proposals,
brochures, summaries, written conclusions, graphic presentations, Unified
Work Programs, and similar materials 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 concurrence and shall have the
approval of the Transportation"Planning Committee prior to its public
release, presentation, dissemination, publication, or other distribution.
Official submissions to Federal Agencies shall be made by the State to
the Federal Highway Administration.
9. The State, Federal Highway Administration, and other appropriate govern-
mental 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, to all books, records, correspondence,
instructions, receipts, vouchers, and memoranda of every description
pertaining to the work. A11 reviews and inspections by other than
participants will be arranged for through the State.
10. Any item of work presented for reimbursement by the MPO which is not
included in an approved Unified Work Program must have prior approval
of the parties hereto, the Federal Highway Administration and ;other
agencies as may be appropriate.
11. The MPO and/or its agents will comply with all Federal, State and local
laws, statutes, ordinances, rules, and regulations, and the orders and
decrees of any court or administrative bodies or tribunals in any matter
affecting the performances of this agreement, including without limita-
tion workman's compensation laws, minimum and maximum 'salary and wage
statutes and regulations. When required, the MPO shall furnish the State
with satisfactory proof of its compliance therewith.
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12. 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 furtherance 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 "C" attached
hereto and made a part hereof.
13. It is the policy of the Department of Transportation that Minority
Business Enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with federal funds. Consequently, the
Minority Business Enterprise requirements of 49 CFR Part 23 apply to
this contract as follows:
The Contractor agrees to insure that Minority Business Enterprises as
defined in 49 CFR Part 23 have the maximum opportunity to participate
in the performance of contracts and subcontracts financed in whole or
in part with federal funds. In this regard, the Contractor shall take
all necessary and reasonable steps in accordance with 49 CFR Part 23
to insure that Minority Business Enterprises have the maximum oppor-
tunity to compete for and perform contracts.
The Contractor and any Subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance
of contracts funded in whole or in part with federal funds. These
requirements shall be physically included in any subcontract. Failure
to carry out the requirements set forth above shall constitute a breach
of contract, and after the notification of the Department, may result in
termination of the contract by the State or other such remedy as the
State deems appropriate.
14. In the event the terms of this contract are. in conflict with the pro-
visions of any other existing agreements and/or contracts between the
State and the MPO this contract shall take precedence over the existing
agreements and/or contracts.
15. 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.
16. This contract shall terminate by mutual agreement of all parties
involved. Upon termination for any reason, all records pertaining
to work covered by this contract shall be retained as specified in
Item 2 hereof.
17. 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.
18. All reports published by the State and/or the MPO shall contain a
credit reference to the Federal Highway Administration such as
"prepared in cooperation with the U.S. Department, Federal Highway
Administration."
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to
be executed on the aforementioned date.
STATE OF TEXAS CITY OF CORPUS CHRISTI
Certified as being executed for the
purpose and effect of activating and/
or carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
Highway and Public Transportation Title:
Commission.
By:
By:
Engineer -Director
Under Authority of
Commission Minute 77446
Date:
Recommended for Execution:
District Engineer, District 16
Director, Finance Division
State Planning Engineer, Transportation
Transportation Planning Division
Deputy Engineer -Director
ATTEST:
Federal -Aid Highway Program Manual
Transmitta1133, May 15, 1975
Vol. 4, Ch. 1, Sec. 2
Subsec. 2, Attach. 2
NOTICE TO CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR
FEDERAL -AID CONTRACTS
During 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 nondiscrimination 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 reference and made a
part of this contract.
(2) Nondiscrimination: The contractor, with regard to the
work performed 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 B of the Regulations.
1
(3) Solicitations for Subcontracts, Including Procurements
of Materials and Ec)uipment: In all solicitations,
either by competitive bidding or negotiation made by
the contractor for work to be performed under a sub-
contract, 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 information and reports required by the Regulations,
or orders and instructions 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 agency 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
Federal -Aid Highway Program Manual
Transmittal 133, May 15, 1975
Vol. 4, Ch. 1, Sec. 2
Subsec. 2, Attach. 2
to furnish this information, the contractor shall
so certify to the State highway agency or the
Federal Highway Administration as appropriate, and
shall set forth what efforts it has made to obtain
the information.
(5) Sanctions for Noncompliance: In the event of the
contractor's noncompliance with the nondiscrimination
provisions of this contract, the State highway agency
shall impose such contract sanctions as it or the
Federal Highway Administration may determine to be
appropriate including, but not limited to,
(a) withholding of payments to the contractor
under the contractor complies, and/or
(b) cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The, contractor will
include the provisions of paragraph' (1) through (6)
in every subcontract, including 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 highway agency or the Federal Highway
Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance.
Provided, however, that in the event a'contractor
becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a,
result of such direction, the contractor may request
the State to enter into such litigation to protect
the interests of the State, and, in addition, the
contractor may request the United States to enter into
such litigation to protect the interests of the United
States.
O USY TAKIR MIMIC U7 t l,7, 625-40/46
2
L
Corpus Christi,
24 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.
1920
Respectfully,
MAYOR
THE Y OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend_. by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passe• by the following vote:
Luther Jones IF
Edward L. Sample 1
Dr. Jack Best
/r
David Diaz
Jack K. Dumphy /
Betty N. Turner
Cliff Zarsky /
15912