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Res 1696 8/5/1975RESOLUTION NO. /69 RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT WITH THE STATE OF TEXAS PROVIDING FOR THE EXPENDITURE OF FEDERAL HIGHWAY FUNDS UNDER SECTION 112 OF THE FEDERAL AID HIGHWAY ACT OF 1973 . WHEREAS, Section 112 of the Federal Aid Highway Act of 1973 provides for Federal highway funds to be made available to Metropolitan Planning Organizations (MPOs) as designated by the Governor to support the Urban Transportation Planning process established pursuant to Section 134 of Chapter 1 of Title 23 , United States Code; and, WHEREAS, the City of Wichita Falls has been redesignated by the Governor as the Metropolitan Planning Organization (MPO) for the Wichita Falls area; and, WHEREAS , the City of Wichita Falls has accepted the re- designation; and, WHEREAS, a contract has been submitted by the State of Texas acting by and through its engineer-director of State high- ways and public transportation, a copy of which is attached to this resolution, setting out the rights and responsibilities of the City of Wichita Falls, acting as Metropolitan Planning Organ- ization (MPO) with respect to expenditure of Section 112 Federal Highway Funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: The contract with the State of Texas attached hereto is hereby approved and the City Manager is hereby authorized to execute the contract with the State for the premises and purposes set out therein. PASSED AND APPROVED this the day of ( 1975. M A Y O R ATTEST : odtv,25, CITY CLERK I 16 CONTRACT 0/0, STATE OF TEXAS COUNTY OF TRAVIS THIS CONTRACT made this day of 1975, by and between the State of Texas acting by and through its Engineer-Director of State Highways and Public Transportation, hereinafter called the "State" and the City of Wichita Falls, X hereinafter called 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 estab- lished pursuant to Section 134 of Chapter 1 of Title 23, United States Code; and, WHEREAS, the City of Wichita Falls has been redesignated by the Governor as the Metropolitan Planning Organization (MPO) for the Wichita Falls 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 Wichita Falls has accepted the redesignation; and, WHEREAS, the redesignation has the concurrence of the Steering Committee of the Wichita Falls Urban Transportation Study to perform such planning operations as the Policy Advisory Committee might direct; and, WHEREAS, an agreement has been executed between the City of Wichita Falls 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, WHEREAS, the State, in cooperation with the local general purpose governments, is responsible for planning required by Section 134 of Chapter 1 of Title 23, United States Code, as well as administration of Federal highway funds which become available t-within the State; and, WHEREAS, on January 27, 1975, the State and MPO entered into an agreement providing for certain planning functions to be •conducted by the MPO with the cost thereof being reimbursable from the aforementioned Section 112 Funds and said agreement has expired. NOW, THEREFORE, the State and the MPO in consideration of the premises and the nutual 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 Policy Advisory Committee and financed by the Section 112 Planning Funds allocated for the Wichita Falls Urban Transportation Study as stated hereinafter and in pursuit of the planning functions outlined in the Continuing Phase Agreement dated March 29, 1973, for the Wichita Falls Urban Transportation Study, a copy of which marked Exhibit C" is attached hereto and made a part hereof, or as may be subsequently amended and Such amendments made a part hereof. 1 II, 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 Commission Minute Order Number 69255 in the amount of $25,116.00 and the unexpended portion of funds covered by the aforementioned agreement of January 27, 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 Adminis- tration 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 autho- rized 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. MPpTheMPO shall make available records for said audit to authorized representatives of the State and Federal agencies involved. The MPO shall bear responsibility 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 dates such reports 2 Lib*, shall cover will be as requested by the State and directed by the Policy Advisory Committee. IV. Specific planning functions involved, including agency responsibility and il the costs therefor, shall be approved by the Policy Advisory Committee and are generally identified as shown in Exhibit "D" which is the applicable portion of the Unified Work IProgram attached hereto and made a part hereof. The explicit scope and determinations to be accomplished under each element shall be identified in writing by the Policy Advisory Committee. V. When specific planning work is to be accomplished by the use of consultants, or local government agencies, an agreement between the MPO and the consultant or local Iagency shall be submitted to the State for approval 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 information; reports, proposals, bro- ilchures , 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 IIIand shall have the approval of the Steering Committee and Policy Advisory Committee prior to its public release, presentation, dissemination, publication, or other distri- illbution. Official submissions to Federal Agencies shall be made by the State to the Federal Highway Administration. illVII . The State, Federal Highway Administration, and other appropriate governmental agencies shall be accorded proper facilities for review and inspection of the work pro- vided 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. All reviews and inspections by other than participants will be arranged for through the State. IVIII . Any item of work presented for reimbursement by the MPO which is not included in approved work programs must have prior approval of the parties hereto, the Federal Highway Administration and other Agencies as may be appropriate. i IX. The MPO and/or its agents will comply with all Federal , State, and local laws, Istatutes, ordinances, rules , and regulations, and the orders and decrees of any court or f administrative bodies or tribunals in any matter affecting the performances of this Agreement, including without limitation workman's compensation laws, minimum and maximum I 3 salary and wage statutes and regulations. When required, the MPO shall furnish the 1 State with satisfactory proof of its compliance therewith. MM I 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 was9 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 "E" attached hereto and made a 1 part hereof. XI. In the event the terms of this Contract are in conflict with the provisions1ofanyotherexistingagreementsand/or contracts betweenen the State and the MPO this IContract shall take precedence over the existing agreements and/or contracts. XII. Any alterations, extensions, supplement, or modification of the terms of Ithis Contract as detailed herein shall be agreed to in advance and in writing by the parties hereto. IXIII . This Contract shall terminate uponon completionletion of a finalppn1 audit and receipt Iof 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 tby 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 1 , 1976. Also, in the event the designation covered by Exhibit "B" should be revoked ror modified, this Contract shall automatically terminate as of the date of such revoca- tion or modification. Further, either Party may terminate its interests and obligation IIunder 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 Ishall be retained as specified in Item II hereof. IIIXIV. 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 subcon- tractors, agents, or employees. XV. 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 of Transportation, Federal Highway Administration. " III k 4 M . 111 IN WITNESS WHEREOF, the parties hereto have caused these resents to bpbe al executed on the aforementioned date. All PARTY OF THE FIRST PART PARTY OF THE SECOND PARTStateofTexasCityofWichitaFalls I Certified as being executed for the purpose By: ill and effect of activating and/or carrying out City Managertheorders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation lilCommission. Date: III By: Attest: Engineer-Director Under Authority of Commission Minute 70104 City Clerk Date: IIIApproved as to Form: Recommended for Execution: 1 City Attorney aDistrict Engineer, District 3 Director, Finance Division II ill State Planning Engineer Transportation Planning Division II Assistant Engineer-Director II II I