HomeMy WebLinkAboutResolution - 4281 - Contract - TDOT - Designate Lubbock As MPO - 10_14_1993October 14, 1993
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with
the Texas Transportation Commission, attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
ATTEST:
Betty .—Jo ns n, City Secretary
APPROVED AS TO W:"'17
Larry 4m4of an, irector o
Transp tation
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
aw: S e/TBANSC0H. RES
D1-Agende/September 24, 1993
0
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URBAN TRANSPORTATION PLANNING CONTRACT
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
THIS CONTRACT IS MADE by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the State, and the CITY OF
LUBBOCK, which has been designated the Metropolitan Planning Organization (MPO) of
the LUBBOCK urbanized area, hereinafter called the MPO.
WITNESETH
WHEREAS, 23 USC 134 and Section 8 of the Federal Transit Act, as amended by the
Intermodal Surface Transportation Efficiency Act of 1991, requires that Metropolitan
Planning Organizations, in cooperation with the State, shall develop transportation plans
and programs for urbanized areas of the State; and
WHEREAS, 23 USC 104(f), as amended by the Intermodal Surface Transportation
Efficiency Act of 1991, authorizes Metropolitan Planning (PL) Funds and Federal Transit
Act Section 8 Funds to be made available to Metropolitan Planning Organizations (MPO)
duly designated by the Governor of each of the several States to support the urban
transportation planning process; and,
WHEREAS, the federal share payable for authorized activities utilizing Section 8 and
Metropolitan Planning (PL) Funds is 80% of allowable costs; and,
WHEREAS, Texas Civil Statutes Article 6674d and 6674d-1 authorize the State to expend
federal and state funds for improvements to the State Highway System, and for
improvements to roads not on the system of the state highways, as may be necessary for
proper construction and prosecution of the work; and,
WHEREAS, Texas Civil Statutes Article 6674d and 6674d-1 authorize the State to provide
the necessary cash or in -kind match of 20% of allowable costs for planning the integrated
network of Federal, State, and local roads; and,
WHEREAS, State funds, Metropolitan Planning (PL) Funds, and Section 8 Funds are to be
used in conjunction with work conducted under the terms of this contract; and,
WHEREAS, the Governor of the State of Texas has designated the CITY OF LUBBOCK
to be the MPO for the above -mentioned urbanized area(s) and acting through the MPO
Transportation Policy Board; and,
WHEREAS, an area equal to or larger that the above -mentioned urbanized area has been
delineated in accordance with Federal guidelines where required Transportation Planning
activities may take place; said area is shown in Attachment A and hereinafter called the
Metropolitan Planning Area; and,
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WHEREAS, the Governor of the State of Texas and the CITY OF LUBBOCK have
executed an agreement pursuant to the MPO designation, said agreement as it was executed
and any subsequent amendments being attached hereto as Attachment B and made a part
hereof;
NOW, THEREFORE, in consideration of the premises and mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed, as
hereinafter set forth, the State and the MPO do agree to as follows:
AGREEMENT
Article 1. Contract Period
This agreement becomes effective when signed by all parties hereto and shall extend for the
succeeding six years. It is provided, however, that nothing shall obligate the State to the
MPO if the Governor's designation of the MPO is withdrawn or if federal funds cease to
become available within the six -year period or if the contract is terminated as hereinafter
provided.
At the end of six years, this agreement shall be reviewed and an amendment or a new
agreement executed, if both parties agree to the need for an amendment or a new
agreement. If all terms and conditions of this agreement remain viable, no amendment or
new agreement shall be required. In the event that no amendment or new agreement is
required, a letter from the State to the MPO shall constitute renewal of the agreement for
an additional six years, subject to all terms and conditions herein specified.
Article 2. Responsibilities of the State
The responsibilities of the State are as follows:
1. Make available to the MPO the appropriate federal transportation planning
funds and the required local matching funds as authorized by the Texas
Transportation Commission. Future federal apportionment of planning funds
will be allocated whenever they become available.
2. Provide, as appropriate, technical assistance and/or guidance in the collection,
processing, and forecasting of socio-economic data needed for development
of traffic forecasts and planning proposals within the Metropolitan Area
Boundary.
3. Collect, process and forecast vehicular travel volume data in cooperation with
the MPO.
4. Jointly promote the intermodal development of the State's transportation
system within the Metropolitan Area Boundary by identifying points in the
system where access, connection, and coordination between the modes and
inter -urban facilities would benefit the entire system.
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5. Share information and information sources concerning transportation planning
issues.
Article 3. Responsibilities of the MPO
The responsibilities of the MPO are as follows:
1. Utilize funds provided in accordance with Article 2, Section 1 of this contract
to develop and maintain a comprehensive regional transportation planning
program in conformity with requirements of 23 USC Section 134(f) and 49
USC Section 8.
2. Assemble and maintain adequate competent, staff to perform all appropriate
MPO activities required by law. A "Transportation Planning Director" shall
be designated to administer the program. The Transportation Planning
Director who shall serve in a full time capacity for Transportation
Management Areas, shall take planning policy direction from and be
responsible to the designated MPO Transportation Policy Board. For the
non -Transportation Management Areas, the Transportation Planning Director
shall take planning policy direction from and be responsible to the designated
MPO Transportation Policy Board while acting in the Transportation
Planning Director capacity. All MPO Transportation Planning staff shall be
supervised by the Transportation Planning Director regardless of agency
affiliation.
The Transportation Director shall also act as a liaison to the State's
transportation planning program through the State's District Transportation
Planning Administrator and the State's Austin Division of Transportation
Planning representative.
3. Collect, maintain, forecast and report to the State on a timely basis
appropriate socio-economic, roadway and travel data, in cooperation with
Texas Department of Transportation.
4. Maintain required accounting records for state and federal funds consistent
with current federal and state requirements.
5. Prepare all required plans, reports, programs, data, and certifications in a
timely manner. Maintain a Transportation Planning General Information
Data Base whose contents are to be agreed upon by the MPO, the State, the
Federal Highway Administration (FHWA) and the Federal Transit
Administration (FTA).
6. Develop a metropolitan transportation plan for the Metropolitan Area
Boundary that will complement the Statewide Multimodal Transportation
Plan required by the state and federal law. As a minimum the MPO shall
consider in their planning process the (15) fifteen factors outlined in 23 USC
Section 134(f).
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7. Share information and information sources concerning transportation planning
issues.
Article 4. Unified Planning Work Program
Each year the MPO shall submit to the State for approval a program of work which includes
goals, objectives, and/or tasks required by each of the several agencies involved in the urban
transportation planning process. This program of work is to be called the Unified
Planning Work Program (UPWP) or any name that may be specified in later federal or
state regulations, and each year's approved UPWP shall be incorporated into this contract
by reference as Attachment C.
The budget and statement of Work for each year of this contract will be as included in each
UPWP. The U.S. Department of Transportation must approve the UPWP in writing
before any costs may be incurred thereunder for the new fiscal year, and the maximum
amount payable for each year will not exceed the estimated budget included in the UPWP.
The effective date of each UPWP will be October 1 of each applicable fiscal year or the
date of federal approval, whichever occurs later. On that date, the UPWP shall constitute
a new federal project and shall supersede the previous UPWP.
This provision of the contract will eliminate the necessity for annual amendments to reflect
new funding and new tasks for each fiscal year.
The UPWP shall comply with all applicable federal and state requirements, and will
describe urban transportation and transportation related planning activities anticipated in
the area during the next one or two year period, including any planning work to be
performed with federal planning assistance, and as in any way specified in the Federal -Aid
Policy Guide (FAPG) Parts 420 and 450 and FTA Circular 8100.1A and subsequent
modifications as appropriate.
Should any conflict be discovered between the terms of this contract and the UPWP, the
terms of this contract shall prevail.
Article 5. Compensation
The State's payment of any cost incurred hereunder is contingent upon the following:
a. Sufficient federal and state funds are available to the State for making payments
hereunder.
b. The incurred cost is authorized in the prevailing UPWP. The maximum amount
payable under this contract shall not exceed the total budget amount of one year's
approved budget as included in the UPWP.
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c. The cost has actually been incurred by the MPO and meets the following criteria:
(1) is verifiable from MPO records
(2) is not included as match funds for any other federally -assisted program
(3) is necessary and reasonable for the proper and efficient accomplishment of
program objectives
(4) is the type of charges that would be allowable under OMB Circular A-87,
"Cost Principles for State and Local Governments"
(5) is not paid by the state or federal government under another assistance
program unless authorized to be used as match under the other federal or
state agreement and the laws and regulations to which it is subject.
d. No work shall be performed in a fiscal year without the State's issuance of a work
order subsequent to federal approval of the prevailing UPWP. The State's work
order shall state the date of federal authorization and the effective date of the
approved UPWP.
e. The MPO is authorized to submit requests for payment of authorized costs incurred
hereunder on a monthly basis. Each request for payment will be submitted in a
manner acceptable to the State, which includes as a minimum the following
information:
(1) UPWP budget category or line item
(2) description of the cost
(3) quantity
(4) price
(5) extension
(6) total
f. The MPO's compliance with the terms of Article 3, Responsibilities of the MPO.
Noncompliance with the terms of Article 3 may result in cancellation of work
authorization and/or suspension of payments.
Article 6. Indemnification
To the extent possible under State law, the MPO shall save harmless the State from all
claims and liability due to the acts or omissions of the MPO, its agents or employees. To
the extent possible under State law, the MPO also agrees to save harmless the state from
any and all expenses, including attorney fees, all court costs and awards for damages,
incurred by the State in litigation or otherwise resisting such claims or liabilities as a result
of any activities of the MPO, its agents or employees.
Further, to the extent possible under State law, the MPO agrees to protect, indemnify, and
save harmless the State from and against all claims, demands and causes of action of every
kind and character brought by any employee of the MPO against the State due to personal
injuries and/or death to such employee resulting from any alleged negligent act, by either
commission or omission on the part of the MPO.
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Article Z Inspection of Work
The State and, when federal funds are involved, the U. S. Department of Transportation,
and any authorized representative thereon have the right at all reasonable times to inspect
or otherwise evaluate the work performed or being performed hereunder and the premises
in which it is being performed.
If any inspection or evaluation is made on the premises of the MPO or a subcontractor, the
MPO shall provide and require its subcontractor to provide all reasonable facilities and
assistance for the safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a manner as will not
unduly delay the work.
Article 8. Work Performance
All work performed hereunder shall be carried out in a professional and orderly manner,
and the products authorized in the UPWP shall be accurate and exhibit high standards of
workmanship.
Article 9. Disputes
The MPO shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement entered into in support of contract work.
In the event of a dispute concerning the work performed hereunder in support of the urban
transportation planning process, the Executive Director of the State shall act as referee, and
his decision shall be final and binding.
Article 10. Noncollusion
The MPO warrants that it has not employed or retained any company or person, other than
a bona fide employee working for it, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this contract. If the MPO breaches or violates this
warranty, the State shall have the right to annul this contract without liability or, in its
discretion, to deduct from the contract price or consideration, or otherwise recover the full
amount of such fee, commission, brokerage fee, gift, or contingent fee.
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Article 11. Reporting
The MPO shall submit a quarterly performance report within 30 days after the end of the
first three quarters and no later than 90 days after the end of the final quarter.
During the term of the contract, the MPO shall promptly advise the State in writing of
events which have a significant impact upon the contract, including:
a. Problems, delays, or adverse conditions which will materially affect the ability
to attain program objectives, prevent the meeting of time schedules and
goals, or preclude the attainment of project work units by established time
periods. This disclosure shall be accompanied by a statement of the action
taken, or contemplated, and any state or federal assistance needed to resolve
the situation.
b. Favorable developments or events that enable meeting time schedules and
goals sooner than anticipated or producing more work units than originally
projected.
Article 12. Records
The MPO agrees to maintain all books, documents, papers, accounting records, and other
evidence pertaining to costs incurred and work performed hereunder and shall make such
materials available at its office during the time period covered and for three years from the
date of final payment under the UPWP. Such materials shall be made available during the
specified period for inspection by the State, the U.S. Department of Transportation and the
Office of the Inspector General, and any of their authorized representatives for the purpose
of making audits, examinations, excerpts, and transcriptions.
Article 13. Subcontracts
Any subcontract for services rendered by individuals or organizations not a part of the
MPO's organization shall not be executed without prior authorization and approval of the
subcontract by the State and, when federal funds are involved, the U.S. Department of
Transportation. If the subcontract is authorized in the current approved Unified Planning
Work Program, and if the MPO's procurement procedures have been approved by the
State either directly or through self -certification by the MPO, the subcontract shall be
deemed to be authorized and approved, provided that the subcontract includes all provisions
required by the State and the U.S. Department of Transportation.
Subcontracts in excess of $25,000 shall contain all required provisions of this contract.
No subcontract will relieve the MPO of its responsibility under this contract.
Article 14. Termination
The State may terminate this contract at any time before the date of completion if the
Governor withdraws his designation of the MPO or if it is determined by the State that the
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MPO has failed to comply with the conditions of the contract. The State shall give written
notice to the MPO at least seven days prior to the effective date of termination and specify
the effective date of termination.
The State may terminate this contract for reasons of its own, subject to agreement by the
MPO.
If both parties to this contract agree that the continuation of the contract would not
produce beneficial results commensurate with the further expenditure of funds, the parties
shall agree upon the termination conditions.
Upon termination of this contract, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc., prepared by the MPO shall, at
the option of the State, be delivered to the State.
The State shall compensate the MPO for those eligible 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 MPO shall not incur new obligations for the terminated
portion after the effective date of termination.
Except with respect to defaults of subcontractors, the MPO shall not be in default by reason
of any failure in performance of this contract in accordance with its terms (including any
failure by the MPO 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 MPO. Such
causes may include but are not limited to acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every
case, however, the failure to perform must be beyond the control and without the fault or
negligence of MPO.
Article 15. Remedies
Violation or breach of contract terms by the MPO shall be grounds for termination of the
contract. Any increased cost arising from the termination shall be paid by the MPO.
This agreement shall not be considered as specifying the exclusive remedy for any dispute,
but all remedies existing at law and in
equity may be availed of by either party and shall be cumulative.
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Article 16. Gratuities
Texas Transportation Commission policy mandates that employees of the State shall not
accept any benefits, gifts or favors from any person doing business with or who reasonably
speaking may do business with the State under this contract.
Any person doing business with or who reasonably speaking may do business with the State
under this contract may not make any offer of benefits, gifts or favors to State employees,
except as mentioned hereabove. Failure on the part of the MPO to adhere to this policy
may result in termination of this contract.
Article 17. Compliance with Laws
The MPO shall comply with all Federal, State and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals
in any matter affecting the performance of this contract, including without limitation,
workers' compensation laws, minimum and maximum salary and wage statutes and
regulations, and licensing laws and regulations. When required, the MPO shall furnish the
State with satisfactory proof of its compliance therewith.
Article 18. Successors and Assigns
The State and the MPO each binds itself, its successors, executors, assigns and
administrators to the other party to this agreement and to the successors, executors, assigns
and administrators of such
other party in respect to all covenants of this agreement. The MPO shall not assign, sublet,
or transfer its interest in this agreement without written consent of the State.
Article 19. Debarment/Suspension
The MPO is prohibited from making any award or permitting any award at any tier to any
party which is debarred or suspended or otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549, Debarment and
Suspension.
The MPO shall require any party to a subcontract or purchase order awarded under this
contract as specified in Title 49 of the Code of Federal Regulations, Part 29 (Debarment
and Suspension) to certify its eligibility to receive federal funds and, when requested by the
State, to furnish a copy of the certification.
Article 20. Additional Work
The MPO is not authorized to request payment for any work it may perform that is not
included in the prevailing Unified Planning Work Program.
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Article 21. Equal Employment Opportunity
The MPO agrees to comply with Executive Order 11246 entitled "Equal Employment
Opportunity" as amended by Executive Order 11375 and as supplemented in Department
of Labor Regulations (41 CFR 60).
Article 22. Nondiscrimination
During the performance of this contract, the MPO, its assigns and successors in interest,
agrees as follows:
1. Compliance with Regulations: The MPO shall comply with the regulations
relative to nondiscrimination in federally -assisted programs of the U.S.
Department of Transportation, Title 49, Code of Federal Regulations, Part
21 and Title 23, Code of Federal Regulations, Part 710.405(b), as they may
be amended from time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The MPO, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, sex,
or national origin in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The MPO shall not
participate either directly or indirectly in the discrimination prohibited by
Section 21.5 and Part 710.405(b) or the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the
Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation
made by the MPO for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the MPO of the MPO's obligations under this
contact and the Regulations relative to nondiscrimination on the grounds of
race, color, sex, or national origin.
4. Information and Reports: The MPO shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the State or the U.S. Department
of Transportation to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of the MPO is in
the exclusive possession of another who fails or refuses to furnish this
information, the MPO shall so certify to the State or the U.S. Department of
Transportation as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of the MPO's noncompliance with
the nondiscrimination provisions of this contract, the State shall impose such
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contract sanctions as it or the U.S. Department of Transportation may
determine to be appropriate, including but not limited to:
* withholding of payments to the MPO under the contract until the
MPO complies, and/or
* cancellation, termination, or suspension of the contract in whole or in
part
6. Incorporation of Provisions: The MPO shall include the provisions of
paragraphs 1 through 6 in every subcontract, including procurement of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The MPO shall take such action with
respect to any subcontract or procurement as the State may direct as a means
of enforcing such provisions including sanctions for noncompliance; provided,
however, that in the event and MPO may request the United States to enter
into such litigation to protect the interests of the United States.
Article 23. Nondiscrimination on the Basis of Disability
The MPO agrees that no otherwise qualified disabled person shall, solely by reason of his
disability, be excluded from participation in, be denied the benefits of, or otherwise be
subject to discrimination under the project. The MPO shall insure that all fixed facility
construction or alteration and all new equipment included in the project comply with
applicable regulations regarding Nondiscrimination on the Basis of Disability in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance, set forth at 49
CFR Part 27, and any amendments thereto.
Article 24. Disadvantaged Business Enterprise Program Requirements
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises
as defined in 49 CFR 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 49 CFR 23, exclusive of Subpart D, apply
to this contract as follows.
* The MPO agrees to insure that Minority Business Enterprises as defined in
49 CFR 23, Subpart A, 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 MPO shall take all necessary and
reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to
insure that Minority Business Enterprises have the maximum opportunity to
compete for and perform contracts.
* The MPO and any subcontractor 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.
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'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 State, may result in termination of the contract by the State
or other such remedy as the State deems appropriate.
Article 25. Procurement
The MPO shall maintain written procurement procedures that meet or exceed the
requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and
Cooperative Agreements with State and Local Governments," as it may be revised or
superseded. These procedures will be used for all acquisitions authorized in any UPWP.
The MPO agrees to comply with applicable Buy America requirements set forth in Section
401 of the Surface Transportation Assistance Act of 1978 (P.L. 95-599) and the Federal
Transit Administration's Buy America regulations at 49 CFR 660.
The MPO agrees to comply with the cargo preference requirements set forth in 46 USC
1241 and Maritime Administration regulations set forth in 46 CFR 381.
Article 26. Environmental Protection and Energy Efficiency
The MPO agrees to comply with all applicable standards, orders or requirements issued
under Section 306 of the Clean Air Act (42 USC 1857[h]); Section 508 of the Clean Water
Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency
regulations (40 CFR, Part 15). The MPO further agrees to report violations to the State.
The MPO agrees to recognize standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (P.L. 94-163).
Article 27. Property Management
The MPO shall maintain written property management procedures that meet or exceed the
requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and
Agreements with State and Local Governments," as it may be revised or superseded. These
procedures will be used for any property acquired in whole or in part with federal or state
funds provided through this contract.
Page 12 of 16
Article 28. Audit
The MPO shall comply with the requirements of OMB Circular A-128, "Audit
Requirements for State and Local Governments," and shall promptly furnish the State a
copy of each audit report.
The MPO shall be responsible for any funds determined to be ineligible for federal
reimbursement, and shall reimburse the State the amount of any such funds previously
provided to it by the State.
Article 29. Control of Drug Use
The MPO agrees to comply with the terms of the Federal Transit Administration regulation,
"Control of Drug Use in Mass Transportation Operations", set forth at 49 CFR Part 653.
Article 30. Restrictions on Lobbying
Pursuant to Section 319 of Public Law 101-121, which generally prohibits recipients of
Federal funds from using those monies for lobbying purposes, the MPO shall comply with
the attached Special Provision "New Restrictions on Lobbying", which is included as
Attachment E.
Article 31. Amendments
Any changes to one or more of the terms and conditions of this agreement shall not be
valid unless made in writing and agreed to by the parties hereto before the change is
implemented.
Article 32. Distribution of Products
The MPO will provide a number of copies to be specified by the State of all information,
reports, proposals, brochures, summaries, written conclusions, graphic presentations, and
similar materials developed by the MPO and financed in whole or in part as provided
herein. All reports published by the MPO shall contain a prominent credit reference to the
State and the U.S. Department of Transportation, Federal Highway Administration and
Federal Transit Administration:
Prepared in cooperation with the Texas Department of Transportation and
the U.S. Department of Transportation, Federal Highway Administration and
Federal Transit Administration.
Article 33. Ownership of Documents
Upon Completion or termination of this contract, all documents prepared by the MPO or
furnished to the MPO by the State shall be delivered to and become the property of the
State. All such documents, photographs, calculations, programs and other data prepared
or used under this contract shall be used by the State without restriction or limitation of
further use.
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Article 34. Legal Construction
In case any one or more of the provisions contained in this agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
Article 35. Prior Agreements
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties
respecting the within subject matter.
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Article 36. Signatory Warranty
The undersigned signatory for the MPO hereby represents and warrants that he is an officer
of the MPO and that he has full and complete authority to enter into this contact on behalf
of the MPO.
IN WITNESS WHEREOF, the State and the MPO have caused this contract to be executed,
but the contract shall not be valid until signed by a duly authorized representative of each
Date February 24, 1994
ATTEST
Alton Brazell, C an
Lubbock Urban ansportation Study
Policy Committee
Date March 2, 1994
ft. -11 C\vd�
betty ftlohn4
City Secretary
6:r';ryHert D AS O CON NT
i1,
City gngiieer
APPROVED AS TO FORM
ALdee lkl-t�
arold Willard, Asst. City Attorney
THE STATE OF TEXAS
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 Texas Transportation Commission
under the authority of Minute
Order 100002.
By
Director of Transportation Planning
and Programming, Texas Department of
Transportation
Date aA e—
Page 15 of 16
For the purpose of this agreement, the following addresses shall be used to mail all required
notices, reports, claims, and correspondence:
For the MPO: For the District Office:
Ms. Marsha H. Allen, P.E. Carl Utley, P.E.
CITY OF LUBBOCK District Engineer
P.O. Box 2000 Texas Dept. of Transportation
Lubbock, TX 79457 P.O. Box 771
Lubbock, TX 79408-0771
Page 16 of 16
ATTACHMENT A
No Text
ATTACHMENT B
Resolution No. 4281
`ober 14, 1993
-em #34
AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT Made this 14th day of October ,
1993, by and between the Texas Transportation Commission, State of
Texas, acting by and through the Executive Director, Party of the
First Part, and the City of Lubbock, Texas Party of the Second
Part:
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act
of 1991 allocates planning funds to Metropolitan Planning
Organizations to support the urban transportation planning process;
and
WHEREAS, the Federal Highway Administration and the Federal
Transit Administration (in accordance with the Intermodal Surface
Transportation Efficiency Act of 1991) intend to fund the same
designated metropolitan planning organization in each metropolitan
area; and
WHEREAS, the Federal Aviation Administration intends to
consider the Metropolitan Planning Organization for the receipt
of airport system planning funds under Section 13 of the Airport
and Airway Development Act of 1970 as amended; and
WHEREAS, the Governor of the State of Texas has delegated to
the Texas Transportation Commission the powers and responsibilities
of the State to act in this matter; and
WHEREAS, it is the desire of the parties that urban
transportation planning be integrated to the maximum extent
possible with other area -wide planning in the metropolitan area (as
depicted in "Attachment A"); and
WHEREAS, the successful implementation of urban transportation
planning requires the assistance and concurrence of local
governments in the metropolitan area;
NOW, THEREFORE, it is hereby agreed that the use of funds made
available under the Intermodal Surface Transportation Efficiency
Act of 1991 shall be governed by the organization and
responsibilities as set out in the following paragraphs:
I. Organization
A. The Policy Advisory Committee of the Lubbock Urban
Transportation Study is hereby designated pursuant to
Section 134 of Chapter 1 of Title 23 U.S.C. to provide
policy guidance and direction for Transportation Planning
in the Lubbock urbanized area.
B. The City of Lubbock is hereby designated as a
Metropolitan Planning Organization to perform fiscal,
administrative and technical functions as directed by the
Policy Advisory Committee. These functions shall
include, but are not limited to:
1. Developing or coordinating the development of a
multi -modal transportation planning process as
required by state and federal law or regulations.
2. Preparing a Unified Work Program which would
specify the use of state and -federal transportation
planning funds, and submitting the Unified Work
Program for approval by the Policy Advisory
Committee of the Lubbock Urban Transportation
Study.
3. Ensuring that transportation planning in the
urbanized area is successful, coordinated and
integrated with other comprehensive planning in the
State Planning Region.
II. This agreement shall in no way establish any activity or
process that would infringe upon or interfere with the
statutory obligations of the Texas Department of
Transportation.
III. The Metropolitan Planning Organization will contract with
the Texas Department of Transportation for state and
federal planning funds. The expense involved in urban
transportation planning will be assumed by the
Metropolitan Planning Organization or agencies with which
the Metropolitan Planning Organization has subcontracted
to accomplish work identified in the approved Unified
Work Program or plan for the use of state and federal
planning funds. Vouchers for completed work under the
annual Unified Work Program or plan utilizing said funds
will be audited and approved by the Texas Department of
Transportation according to federal and state
requirements. Reimbursement will be made on a periodic
basis.
IV. This agreement may be renegotiated as necessary to meet
changing conditions or terminated by either part upon
thirty (30) days notice.
V. This agreement will remain in full force and effect until
such time as the CITY OF LUBBOCK is no longer designated
to perform the functions provided for in this agreement
or unless terminated as provided in Paragraph IV above.
IN WITNESS WHEREOF, the Parties have hereunto affixed their
signatures on the dates indicated.
Party of the First Part
STATE OF TEXAS
BY:
4xecutli-vg—eDirLector
By Authority of Commission
Minute Order /0300%
Date: Zg--- 4 �— 93
Party of the Second Part
METROPOLITAN PLANNING
ORGANIZATION
Appro7vl for Execution*
BY: --V,
CTi&irmari
Policy Advis<6� Committee
Date: October 14, 1993
ATTEST:
BBet M. J nson,
City Secretary
APP VED AS TO O TENT
V
Larry Hoffm ,
Direct r of Trahsportation
APPROVED AS TO FORM
Harold Willard
Assistant City Attorney
N
N
LUBBOCK
Approved i
SteerfN Committee
June 24. 1992
CCMSU! AUUfT umo
TIIO►CL ITEM AIKA IIL� bOUN0A11T
LUBBOCK METROPOLITAN
AREA BOUNDARY MAP
ATTACHMENT C
Resolution No. 4281
October 14, 1993
Item #34
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with
the Texas Transportation Commission, attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail _
Passed by the City Council this
ATTEST:
Betty o ns n, City ecretary
APPROVED AS TO CON ENT•
�" )/'
arry o an, irector o
Transp tation
APPROVED AS TO FORM:
Harold Willard, Assistant City
Attorney
HW:js/TRANSCOM.RES
DI-Agenda/September 24, 1993
Resolution No. 4281
October 14, 1993
Item #34
AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT Made this 14th day of October ,
1993, by and between the Texas Transportation Commission, State of
Texas, acting by and through the Executive Director, Party of the
First Part, and the City of Lubbock, Texas Party of the Second
Part:
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act
of 1991 allocates planning funds to Metropolitan Planning
Organizations to support the urban transportation planning process;
and
WHEREAS, the Federal Highway Administration and the Federal
Transit Administration (in accordance with the Intermodal Surface
Transportation Efficiency Act of 1991) intend to fund the same
designated metropolitan planning organization in each metropolitan
area; and
WHEREAS, the Federal Aviation Administration intends to
consider the Metropolitan Planning Organization for the receipt
of airport system planning funds under Section 13 of the Airport
and Airway Development Act of 1970 as amended; and
WHEREAS, the Governor of the State of Texas has delegated to
the Texas Transportation Commission the powers and responsibilities
of the State to act in this matter; and
WHEREAS, it is the desire of the parties that urban
transportation planning be integrated to the maximum extent
possible with other area -wide planning in the metropolitan area (as
depicted in "Attachment A"); and
WHEREAS, the successful implementation of urban transportation
planning requires the assistance and concurrence of local
governments in the metropolitan area;
NOW, THEREFORE, it is hereby agreed that the use of funds made
available under the Intermodal Surface Transportation Efficiency
Act of 1991 shall be governed by the organization and
responsibilities as set out in the following paragraphs:
I. Organization
A. The Policy Advisory Committee of the Lubbock Urban
Transportation Study is hereby designated pursuant to
Section 134 of Chapter 1 of Title 23 U.S.C. to provide
policy guidance and direction for Transportation Planning
in the Lubbock urbanized area.
B. The City of Lubbock is hereby designated as a
Metropolitan Planning Organization to perform fiscal,
administrative and technical functions as directed by the
Policy Advisory Committee. These functions shall
include, but are not limited to:
1. Developing or coordinating the development of a
multi -modal transportation planning process as
required by state and federal law or regulations.
2. Preparing a Unified Work Program which would
specify the use of state and federal transportation
planning funds, and submitting the Unified Work
Program for approval by the Policy Advisory
Committee of the Lubbock Urban Transportation
Study.
3. Ensuring that transportation planning in the
urbanized area is successful, coordinated and
integrated with other comprehensive planning in the
State Planning Region.
II. This agreement shall in no way establish any activity or
process that would infringe upon or interfere with the
statutory obligations of the Texas Department of
Transportation.
III. The Metropolitan Planning Organization will contract with
the Texas Department of Transportation for state and
federal planning funds. The expense involved in urban
transportation planning will be assumed by the
Metropolitan Planning Organization or agencies with which
the Metropolitan Planning Organization has subcontracted
to accomplish work identified in the approved Unified
Work Program or plan for the use of state and federal
planning funds. Vouchers for completed work under the
annual Unified Work Program or plan utilizing said funds
will be audited and approved by the Texas Department of
Transportation according to federal and state
requirements. Reimbursement will be made on a periodic
basis.
IV. This agreement may be renegotiated as necessary to meet
changing conditions or terminated by either part upon
thirty (30) days notice.
V. This agreement will remain in full force and effect until
such time as the CITY OF LUBBOCK is no longer designated
to perform the functions provided.for in this agreement
or unless terminated as provided in Paragraph IV above.
IN WITNESS WHEREOF, the Parties have hereunto affixed their
signatures on the dates indicated.
Party of the First Part Party of the Second Part
STATE OF TEXAS METROPOLITAN PLANNING
ORGANIZATION
Approve4 for Execution,
BY:
Executive Director BY:
By Authority of Commission C16&irman
Minute Order Policy Advis Committee
Date:
Date: October 14, 1993
((ATTEST:
Bet M. Johnson,
City Secretary
APP VED S PTENT
Larryr Hof fm ,
Direct of Trahsportation
APPROVED AS TO FORM
H'afold Willard
Assistant City Attorney
No Text
i
PREPARED BY: ENGINEERING DEPARTMENT Resolution No. 4281
���;�� October 14, 1993
DATE: Item #34
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with
the Texas Transportation Commission, attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
ATTEST:
Fetty o nson, cvity Secretary
AS TO CONTENT:
arry . Hoffoialij Director o
Tran ortation
APPROVED AS TO FORM:
flarold Willard-,-As-si-staft City
Attorney
9W:je/TRAFSC0H.RES
D1-Aaende/September 24, 1993
Resolution No. 4281
October 14, 1993
Item #34
AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT Made this 14th day of
October
1993, by and between the Texas Transportation Commission, State of
Texas, acting by and through the Executive Director, Party of the
First Part, and the City of Lubbock, Texas Party of the Second
Part:
WITNESSETH
WHEREAS, the Intermodal Surface Transportation Efficiency Act
of 1991 allocates planning funds to Metropolitan Planning
Organizations to support the urban transportation planning process;
and
WHEREAS, the Federal Highway Administration and the Federal
Transit Administration (in accordance with the Intermodal Surface
Transportation Efficiency Act of 1991) intend to fund the same
designated metropolitan planning organization in each metropolitan
area; and
WHEREAS, the Federal Aviation Administration intends to
consider the Metropolitan Planning Organization for the receipt
of airport system planning funds under Section 13 of the Airport
and Airway Development Act of 1970 as amended; and
WHEREAS, the Governor of the State of Texas has delegated to
the Texas Transportation Commission the powers and responsibilities
of the State to act in this matter; and
WHEREAS, it is the desire of the parties that urban
transportation planning be integrated to the maximum extent
possible with other area -wide planning in the metropolitan area (as
depicted in "Attachment A"); and
WHEREAS, the successful implementation of urban transportation
planning requires the assistance and concurrence of local
governments in the metropolitan area;
NOW, THEREFORE, it is hereby agreed that the use of funds made
available under the Intermodal Surface Transportation Efficiency
Act of 1991 shall be governed by the organization and
responsibilities as set out in the following paragraphs:
I. Organization
A. The Policy Advisory Committee of the Lubbock Urban
Transportation Study is hereby designated pursuant to
Section 134 of Chapter 1 of Title 23 U.S.C. to provide
policy guidance and direction for Transportation Planning
in the Lubbock urbanized area.
B. The City of Lubbock is hereby designated as a
Metropolitan Planning Organization to perform fiscal,
administrative and technical functions as directed by the
Policy Advisory Committee. These functions shall
include, but are not limited to:
1. Developing or coordinating the development of a
multi -modal transportation planning process as
required by state and federal law or regulations.
2. Preparing a Unified Work Program which would
specify the use of state and federal transportation
planning funds, and submitting the Unified Work
Program for approval by the Policy Advisory
Committee of the Lubbock Urban Transportation
Study.
3. Ensuring that transportation planning in the
urbanized area is successful, coordinated and
integrated with other comprehensive planning in the
State Planning Region.
II. This agreement shall in no way establish any activity or
process that would infringe upon or interfere with the
statutory obligations of the Texas Department of
Transportation.
III. The Metropolitan Planning Organization will contract with
the Texas Department of Transportation for state and
federal planning funds. The expense involved in urban
transportation planning will be assumed by the
Metropolitan Planning Organization or agencies with which
the Metropolitan Planning Organization has subcontracted
to accomplish work identified in the approved Unified
Work Program or plan for the use of state and federal
planning funds. Vouchers for completed work under the
annual Unified Work Program or plan utilizing said funds
will be audited and approved by the Texas Department of
Transportation according to federal and state
requirements. Reimbursement will be made on a periodic
basis.
IV. This agreement may be renegotiated as necessary to meet
changing conditions or terminated by either part upon
thirty (30) days notice.
V. This agreement will remain in full force and effect until
such time as the CITY OF LUBBOCK is no longer designated
to perform the functions provided for in this agreement
or unless terminated as provided in Paragraph IV above.
IN WITNESS WHEREOF, the Parties have hereunto affixed their
signatures on the dates indicated.
Party of the First Part
STATE OF TEXAS
BY:
E ecutive Director
By Authority of Commission
Minute Order /0.3 d 0 2
Date: lZ -&d -
Party of the Second Part
METROPOLITAN PLANNING
ORGANIZATION
Approv d for Executio
BY: _
C airman
Policy Advi ry Committee
Date: October 14, 1993
ATTEST:
Betty M: JoMnson,
City Secretary
AP OVED A T TENT
rry H f n,
Dire or of ransportation
APPROVED AS TO FORM
H rold Willard
Assistant City Attorney
N
N
LUBBOCK
Approved I
Steering Committee
June 24. 1992
ctNsus A0AMEDeoUNOARY -----
TROMITAN AR[A IaMDARY
LUBBOCK METROPOLITAN
AREA BOUNDARY MAP
is