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HomeMy WebLinkAbout1985-1582 - Ordinance - 03/28/1985ORDINANCE NO, 1582 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE METROPOLITAN PLANNING ORGANIZATION. WHEREAS, on July 20, 1979, the Governor of Texas designated the Metropolitan Planning Organization as the planning body for the purpose of assuming responsibility for work items to be financed through Section 8 of the Surface Transportation Assistance Act of ]978 in support of the Urban Transportation Planning Process es- tablished pursuant to Section 134 of Chapter 1, Title 23, United States Code; and WHEREAS, it is the intention of the State to make available to the Cities, the County, and the University part of the Section 8 funds for payment of work performed or accountable assets pur- chased by the Cities, the County, or the University, as may be required in maintaining, updating, and administration of the basic study elements of the Section 134 planning process, in- cluding such special studies as are outlined in the Unified Work Programs; and WHEREAS, the City of College Station is willing to take over that planning process and the State is willing to reimburse the City; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF COLLEGE STATION, TEXAS: That the City of College Station has reviewed and considered the Contract of the Metropolitan Planning Organization presented and hereby authorizes the Mayor to execute the contract, a copy of which is attached hereto. PASSED, ADOPTED and APPROVED this the 28th day of Narch, 1985. ATTEST: City Secretary , Gary ~/t~r ,~T~ayor 004453 STATE OF TEXAS COUNTY OF BRAZOS CONTRACT THIS CONTRACT, made this /~'- day of ~-J~-~.~ ,lg85, by and between the Steertng Committee ¢~ the Bryan~rn~n~College Station Urban Transportation Study, hereinafter re~rred to as the 'State; Brazos County, hereinafter referred to as the 'County, the City of Bryan, Texas, and the City of College Station, Texas, hereinafter referred to as the Cities, and Texas A&M University System, herelnafter-Teferred to as the "University'. WXTNESSETH W~EREAS, on ~luly 20, 1979, the Governor of Texas designated the ~0 as the planning body for the purpose of assuming responsibility for work items to be financed through Section 8 of the Surface Transportation Assistance Act of 1978 In support of the Urban Transportation Planning Process established pursuant to Section 134 of Chapter 1, Title 23, United States Code: and, WHEREAS, it is the intention of thq State to make available to the Cities, the County, and the University part of the Section 8 funds for payment of work performed or accountable assets purchased by the Cities, the County, or the University, as may be required in maintaining, updating, and administration of the basic study elements of the Section 134 planning process, including such special studies as are outlined in the Unified Work Programs, the applicable portions of which are marked Exhibit 'A" attached hereto and made a part hereof; and, WHEREAS, the parties hereto are in ageement that it is in the best interests of the planning process for the State te reimburse each the County, and the University. NOW THEREFORE, the State, the I4PO, the Cities, the County, and the University, 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, agree as follows: ¢) ]. The Ctttes, the County, and the University agree to assume respon- sibility for the specific planning work 1rems assigned to them and authorized by the HPO tn Its adoption of the Untfted Work Program. II. The State wtll reimburse the Cities, the County, and the University separately for authorized costs tncurred by the work task deftned in the Unifted Work Program tn accordance wtth Federal Procurement Regulations, Part 1-15. Costs Incurred subsequent to receipt of a ~n'ttten work order form the State through the ~DO and properly supported wtll be reimbur- sable. The total reimbursement by the State ts not to exceed the total funds allocated for the current ftscal year, as specified tn the latest approved Unlfted Work Program. The State will make separate payments to the Cttles, the County, and the University, as partial p~yments based upon proper]y prepared billings su~nartztng all authorized cost by classification of costs showtng description, quantities, price exten- sion, and total. Such pa~ents shall be made no more frequently than on a monthly basis. III. The V~O agrees to maintatn financial records, supporting docu- ments, statistical records, and al] other records pertinent to this contract to the extent and in such detatl as ts requtred by OHB Ctrcular A-102, Attachment C, whtch requirements are hereby made a part of this contract. The Untied States Secretary of Transportation, the Comptroller General of the United States, the Engineer-Director of the State Department of Htghways and Publtc Transportation, and the Texas State Auditor, or any of thetr duly authorized representatives, shall have access to such records at all times during the contract period. Financial records, supporting documents, statistical records, and all other records pertinent to the contract shall be retained for a period of three yeaes from ftnal payment, wtth the following qualifications: 1. If any litigation, claim or audit ts started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audtt ftndtngs involving the records have been resolved. 2. Records for nonexpendable property acquired in whole or in part with Federal or State (unds shall be retained for three years after its final disposition. 3. When records are transferred to or maintained by the Federal or State sponsoring agency, the three-year retention require- ment is not applicable to the The PO further agrees to include these provisions in each negotiated subcontract. IV. In order to maintain the current level of planning activities, the State is to be responsible for specific planning work items assigned to it by the Steering Committee. As approved by the Steering Committee, the necessary expenses of performing these activities are to be paid out of the Section 8 funds allocated to the PO, and shall not exceed the limits specified in the approved Unified Work Program. V. When specific planning work is to be accomplished by the use of con- sultants, an agreement between the City of Bryan, the City of College Station, Brazos County, or the University and the consultant shall be submitted to the State through the MPO for approval by the State and the Urban Mass Transportation Administration prior to execution. VI. It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, 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 4g CFR Part 23, exclusive of Subpart D, apply to this contract as follows. The PO agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23, Subpart A, have the maximum opportunity to par- ticipate in the performance of contracts and subcontracts financed in whple or in part with Federal funds. In this regard, the MPO shall take all necessary and reasonable steps in accordance with 49 CFR Part 23, exclusive of Subpart D, to insure that Minority Busless Enterprises have the maximum opportunity to compete for and perform contracts. The MPO 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 sha]l be physlcel]y tncluded tn any subcontract. Fatlure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the Department, may result tn temtnatlon of the contract by the State or other such remedy as the State deems appropriate. VI. A reasonable number of coptes of al~ Information, reports, propo- sals, brochures, sun~narJes, wrttten con~sJons, graphtc presentations, and stmllar materials developed and ftnanced tn whole or tn part as pro- vtded heretn, shall be submitted to the State for revtew and concurrence and shall have the approval of the MPO and the parties h~reto prior to Its offtctal public release, presentation, dissemination, publication or other distribution. Offtctal submissions to the Urban Hass Transportation Administration shall be made by the State. All official reports published as a result of this project shall contatn an acknowledgement as follows: 'Prepared tn cooperation wtth the U. S. Oepartment of Transportation, Urban Hass Transportation Administration." Further, for reports prepared for distribution to the public by etther Ctty, County, or University, a disclaimer statement as follows wtll be Included: · The contents of this report reflect the vtews of the City, the County, or the University whtch ts responsible for the facts and the accuracy of the data presented heretn. The contents do not necessarily reflect offtctal views or pollctes of the State Department of Htghways and Publlc Transportation or the Urban Hass Transportation Administration.' No material produced tn whole or in part under this contract shall be sub~ect to copyright. ¥II. The MPO shall comply with audtt requirements of OH8 Ctrcular A-102, R*tachment P. ,~VUZ"'~-f-ar-a%,~,~ ~* each. entt_ty~ .~ le~.~llC~j~.a~l.y.~m_a~._!y may. the.., ~PO,. each Ctty, the County, and t~e"~n~v~tty hereby agree to t~a~ntfy the State and the Urban Mass Transportation Administration against all claims and liability due to thetr negligent acts or the negligent acts of thetr subcontractors, agents, or e~ployees durtng the course of thts work. Thts obligation ts not Joint but as to each entity and covers only the work Items to be perfomed wtthtn 1ts own Jurisdiction. 4 ZX. Any Item of work presented for reimbursement whfch ts not Included In the Unffted Work Program must have prtor approval of the HPO, the State, and the Urban Hess Transportation Administration. X. The Cttles, the County, and the University and/or thetr contractors will comply with all Federal, State, and local laws, statutes, ordinan- ces, rules, and regulations, and the orders and decrees of any court or administrative bodtes or tribunals tn any matter affecting the perfor- mance of this contract; lncludtn..g~#Jthout lJmItattons,.~orkman,s compen- sation laws, mlntmum and maxtm~.salary and wage statutes and regulations. When required, the signatory parties shall furnish the State wtth satisfactory proof of their compliance therewith. Xi, The HPO agrees to comply wtth Executive Order 11246 titled "Equal Employment Opportunity"" as amended by Executive Order 11375 and as supplemented tn Department of Labor Regulations (41 CFR, Part 60). XII. Changes tn the scope, objectives, character, cost or complexity of the work as approved in the Annual Untried Work Program shall be approved by the State and U. S. Department of Transportation before additional work may be performed or additional costs tncurred which will be e11gtble for reimbursement. XIII. The State may terminate this contract tn part or tn whole at any ttme before the date of completion whenever It ts determined that the h=O has fatled to comply with the conditions of the contract. The State shall give wrttten nottce to the ~0 at least seven days prior to the effective date of termination and spectfy the effective date of ter- mination and the reason for termination, if both parties to thts contract agree that the continuation of the contract tn whole or in part would not produce beneficial results commensurate wtth the further expenditure of funds, the parties shall agree upon the termination con- dltlons, Including th~ effective date and= tn the case of partial te~- Upon termination of this contract, whether for cause or at the con- ventence of the parttes hereto, all ftntshed or unfJnlshed documents, data, studies, surveys, reports,.maps, drawings, models, photographs, etc, prepared by the ~0 shall, at the optton of the State, become the property of the State. 5 The State shall compensate the I~0 for those e11gtble expenses Incurred during the contract period which are directly attributable to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The FtPO shall not Incur new obligations for the terminated portion after the effective date. Except with respect to defaults of subcontractors, the R°O shall not be in default by reason of any fall~? In performance of this cntract in accordance with 1ts terms (l~clud~g any failure by the FtPO to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the HPO. Such causes may tnclude, but are not restricted to acts of God or of the publlc enemy, acts of the Government in either tis soveretghn or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, fretght embargoes, and unusually severe weather. In every case, however, the fatlure to perform must be beyond the control and without the fault or negligence of the I~0. XIV. The undersigned contracting Parties do hereby certify that (1)the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies, (g) the proposed arrangements serve the interest of efficient and econumtcal administration of the State Government, and (3) the ser- vices, suppltes or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest responsible bidder. The University cer- tifies that it has authority to perform the services contracted for by authority granted in Section 85.2g; 3VTCA Education Code. X¥. All data, materials and other documents created or collected under the terms of this agreement shall become the property of the State and ;~l~f.such data,and~mata~ha11 be furnished to the State on.. request. XVi. Violation or breach of contract terms by the MPO shall be grounds for termination of the contract, and any increased cost arising fro~ HPO default, breach of contract, or violation of terms shall be paid by the I~0. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law end tn equtty may be availed of by either party end shall be cumulative IN HITNESS T~IEREOF~ the Parties hereto have caused these presents to be executed on this day of , 1985. STATE OF TEXAS CertlfSed 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 Stere Highway and Public Transportation Commission. Executed end approved for State Highway and Public Transportation Commission under authority of Commission Hfnute 7~6~1 and Administrative Order 39~81 /~-~ Date: .-~ ~-- / ~'~ / ~'~-' BRYAN COLLEGE STATION URBAN TRANSPORTATION STUDY STEERING COHt41TTEE Title: CITY OF BRYAN ATTEST: APPROVED AS TO FORH: BRYAN COLLEGE STATION LRBAN TRANSPORTATION STUDY STEERING COMMITTEE Chairperson CITY OF BRYAN ATTEST: BRYAN COLLEGE STATXON URBAN TRANSPORTATION STUDY STEERZNG COHHITTEE 8RAZOS COUNTY By: ~ Title: ATTEST: APPROVED AS TO FORM: _r' TEXGAS A&M UNXVERSI~ By: ~ ~ 2 ~ ~985 ATTEST: ~ '"' "' "' ' APPROVED AS TO FORN: BRYAN COLLEGE STATION URBAN TRANSPORTATION STUOY STEERING COMMITTEE ATTEST: APPROVEO AS C1~ FO~M: