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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. -9- 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. -3- 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." -5- 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