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HomeMy WebLinkAboutResolution - 2728 - Contract #508XXF6006 - TDHPT - Financial Assistance, Project #TX-90-X095 - 01_28_1988Resolution #2728 lapuary 22 1QQS? Item #24 PREPARED BY: CITIBUS DATE: 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 a Financial Assistance contract with the State of Texas extending to August 31, 1988, on Project No. TX-90-X095 and State contract No. 508XXF6006, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day of January , 1988. B.C. McMinn, Mayor ATTEST: Ranette oyd,:(J ty Secretary APPRO ED AS TO CONTENT: l ��� Larry V. H man, it o,► of Transportation APPROVED AS TO FORM: c J. th Fullingim, Assistant Ci Attorney Recipients City of Lubbock Project No: TX-90-XO95 State Contract No.: 508XXF6006 THE STATE OF TEXAS ) THE COUNTY OF TRAVIS ) PUBLIC TRANSPORTATION CONTRACT THIS CONTRACT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, 11th and Brazos, Austin, Texas 78701, hereinafter called the "State" and the City of Lubbock, P.O. Bay 2000, Lubbock, Texas 79457, hereinafter called the "Recipient", acting by and through its duly authorized officer. W I T N E S S E T H WHEREAS, the State is the administering agency for the State Public Transportation Fund as prescribed by Article 6663c, V.T.C.S.; and WHEREAS, the Recipient desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; and WHEREAS, the State is authorized under Article 6663b, V.T.C.S., to assist the Recipient in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, hereinafter called the Projects; and WHEREAS, The State Highway and Public Transportation Commission passed Commission Minute Order No. 86645 authorizing the State to enter into the necessary agreements with the Recipients for funding public transportation projects; and NOW, THEREFORE, the State and the Recipients in consideration of the premises and mutual covenants and agreements of the parties hereto, to be made by them, respectively kept and performing, as hereinafter set forth, hereby agree as followss PAGE i OF 13 Recipient: City of Lubbock Project No: TX-90-XO95 State Contract No.: 508XXF6006 A G R E E M E N T Article 1. Contract Period This contract becomes effective on the final date of execution by the State's Transportation Planning Engineer and will be completed on or before August 31, 1988, unless terminated or modified as hereinafter provided. Work performed or expenses incurred prior to the execution date of this contract will not be eligible for reimbursement. Article 2. Project Description A. The Urban Mass Transportation Administration approved federal participation in the project and subsequently identified the project as TX-90-XO95. P. The project shall consist of the purchase, construction, and/or installation of the following: 1) Two lift equipped vans, 2) Two support vehicles, 3) Shop equipment, and 4) Pus shelters and pullouts. Article 3. Contract Amount The maximum amount payable without modification to this contract is Fifteen Thousand Three Hundred Fifty -Nine Dollars ($15,359.00). This amount shall be in accordance with the "Project budget", attached hereto and marked Attachment A. The maximum amount payable under the contract is subject to the availability of appropriated funds. Article 4. Project Funding The State will provide up to sixty-five percent of the local share requirement of the actual net cost as determined by the State, provided, however, that the maximum amount payable identified in Article 3, Contract Amount, is not exceeded. The PAGE 2 OF 13 .Recipients City of Lubbock Project Not TX-90-XO95 State Contract No.: 5oex7F6006 3 Urban Mass Transportation Administration will provide up to eighty percent of the Project Cost and the Recipient will provide the balance of the local share. Article 5. Project Payments A. The State will make payments to the Recipient within thirty days after receipt of the f of 1 owi ng s (1) A properly prepared and executed Form 132 or other type of invoice acceptable to the State. (2) Supporting invoices showing quantities, price, extensions, and totals. (3) A summary of all authorized costs showing expenditures by budget line items. (4) Upon request by the State, any additional information or documentation needed to clarify any reimbursable costs. The Recipient is authorized to submit requests for reimbursement no more frequently than monthly. B. The Recipient shall submit an original and one copy of :the billing statement and attachments to the following addr'esss District Engineer State Department of Highways and Public Transportation P. O. Box 771 Lubbock., Texas 79408-0771 C. Payments will be based on actual costs incurred in conformance with Attachment A, Project Budget, and will be made in accordance with cost principles outline in' OMB Circular A-87. D. The Recipient will submit a final billing within sixty days of the close of the State's fiscal year during which the project is completed. E. Any monies made available to the Recipient for the project, other than the project funding identified in Article 4, PAGE 3 OF 13 Recipients City of Lubbock Project No: TX-90-XO95 State Contract No.: 508XXF6006 Project Funding, shall be shown on the request for reimbursement following receipt of such monies and subtracted from the amount requested. All such income shall be applied to the objectives of the project. Article 6. Contract Amendment Changes in the scope, objectives character, cost, or complexity of the project described in Article 2, Project Description, shall be enacted by written amendment before additional costs may be incurred or work performed if such additional costs or work is to be eligible for reimbursement. Article 7. Retention and Custodial Requirements for Records A. The Recipient agrees to maintain financial records, supporting documents, statistical records, and all other pertinent to this contract to the extent and in such detail as is required by OMB Circular A-102, Attachment C, which requirements are hereby made a part of this contract. B. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives shall have access to the records described in paragraph above at all reasonable times during the contract period and for the period as set forth in Paragraph C below for the purpose of making audits, examinations, excerpts, and transcripts. C. Financial records, supporting documents, statistical records, and all other records pertinent to the contract shall be retained for a period of three years from the date of the Recipient's submission of the final expenditures report, with the following qualifications (1) If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquired in whole in part with State funds shall be retained for three years after its final disposition. PAGE 4 Of- 13 Recipientz City of Lubbock Project No: TX-94-XO95 State Contract No.z.508XXF6006 (3) When records are transferred to or maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the Recipient. D. The Recipient further agrees to include these provisions in each negotiated subcontract. Article e. Standards for Contractor Financial Management Systems The Recipient's financial management system shall meet or exceed the requirements of OMB Circular A-102, Attachment G. Those requirements include, but are not limited tot A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. B. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income. C. Effective control over and accountability for all funds, property, and other assets. The Recipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the grantor agency. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. PAGE 5 OF 13 Recipients City of Lubbock. Project Noe TX-90-XO95 State Contract No.: 506XXF6006 Article 9. Monitoring and Reporting A. The'Recipient shall submit quarterly performance reports that provide as a minimum the following: (1)a comparison of actual accomplishments to the goals established for the period. (2), reasons why established goals were not met. (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. H. The Recipient shall submit a final report within 90 days after completion of the contract. The final report shall include the following: (1) A final budget detailing the State's expenditure breakdown. (2) A detailed list of capital items purchased under this contract. (3)' Any other pertinent information as may be determined by the State for clarification. C. The Recipient shall promptly advise the State in writing of events which have a significant impact upon the contract, including: (1) 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 assistance needed to resolve the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. PAGE 6 OF 13 Recipients City of Lubbock Project No: TX-90-XO95 State Contract No.s 506XXF6OO6 D. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives 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 Recipient or a subcontractor, the Recipient shall provide and shall require his subcontractor to provide all reasonable facilities and assistance for the inspections 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 10. Disputes A. The Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. All settlements must be acknowledged to the State prior to final payment being rendered for said procurements. B. Should dispute arise as to the Recipient's responsibilities under this contract, the State's decision shall be final and binding. Article 11. Affirmative Action The Recipient warrants that he has developed and has on file affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60--1 and 60-2). Article 12. Procurement Procedures The Recipient procurement procedures shall meet or exceed the requirements of OMB Circular A-102, Attachment O. The Recipient shall have written selection procedures which meet the minimum requirements of that document. PAGE 7 OF 13 Recipient: City of Lubbock Project No: TX-90-XO95 State Contract No.: 508XXF60O6 Article 13. Energy"Efficiency The Recipient 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 14. Audit Requirements The Recipient shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report covers the requirements as outlined in OMB Circular A-128, "Audits of State and Local Governments". Article 15. Incorporation of Assurances The Recipient assurances executed in Project application Standard Form 424 as prescribed in OMB Circular A-102, Attachment M, are hereby referenced and made a part of this contract, along with the following: A. The Recipient will comply with Article 5996a, V.T.C.S., by insuring that no officer, employee, or member of the Recipient's governing board or of the Recipient's contractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguine to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election of appointment of the officer, employee, governing body member related to such person in the prohibited degree. B. The Recipient will insure that all information collected, assembled, or maintained by the applicant relative to this Project shall be available to the public during normal business hours in compliance with Article 6252-17a, V.T.C.S., unless otherwise expressly provided by law. C. The Recipient will comply with Article 6252-17, V.T.C.S., which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. PAGE 8 OF 13 Recipient: City of Lubbock Project No: TX-90-XO95 State Contract No.: 508XXF6006 Article 16. Termination A. The State may terminate this contract at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the contract. The State shall give written notice to the Recipient at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for the termination. B. 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, including the effective date. In the event that both parties agree that resumption of the contract is warranted, a new contract must be developed and executed by both parties. C. Upon termination of this contract, whether for cause or at the convenience of the parties hereto, the State shall retain unlimited and royalty free usage rights of all finished or unfinished documents, data surveys, reports, maps, drawings, models, photographs, etc., prepared by the Recipient. D. The State shall compensate the Recipient 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 Recipient shall not incur new obligations for the terminated portion after the effective date. E. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason of any failre in performance of this contract in accordance with its terms, including any failure by the Recipient to progress in the performance of the work. Failure on the part of the recipient to fulfill its obligations as set forth in this contract will be waived by the State for causes due to the acts of God or force majeure. PAGE 9 OF 13 Recipient: City of Lubbock Project No: TX--90-X095 State Contract No.: 508XXF6006 Article 17. Remedies Violation or breach of contract terms by the Recipient shall be grounds for termination of the contract and any increased cost arising from Recipient's default, breach of contract, or violation of terms shall be paid by the Recipient. This contract shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and its equity may be availed of by either party and shall be cumulative. Article 18. Civil Rights Compliance The Recipient shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR 21 and 23 CFR 710.405Cbl)g also, Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). Article 19. Minority Business Enterprise program Requirements The Recipient agrees to comply with the regulations of the Minority Business Enterprise program Requirements as defined in 49 CFR Fart 23. Article 20. Insurance The Recipient shall, at a minimum, follow the insurance requirements normally required by the State and local governments. Article 21. Property Management The Recipient agrees to comply with the property management standards specified in the OMB Circular A-1021 Attachment N, in its control, use, and disposition of property or equipment governed by those standards. Article 22. Successors and Assigns The Recipient binds himself, his successors, assigns, executors, and administrators in respect to all covenants of this agreement. PAGE 10 OF 13 Recipient: City of Lubbock Project No: TX-90-XO95 State Contract No.: 508XXF6006 The Recipient shall not sign, sublet, or transfer his interest in this agreement without the written consent of the State. Article 23. Clean Air and Water The Recipient agrees to comply with all applicablestandards, 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). Recipient further agrees to report violations to the grantor agency. Article 24. Gratuities State Department of Highways and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts, or favors from any person doing business or who reasonably speaking may do business with the State under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advance written approval of the State Department of Highways and Public Transportation Engineer -Director. Any person doing business with or who may reasonably speaking do business with the State under this agreement may not make any offer of benefits, gifts, or favors to Departmental employees, except as mentioned here above. Failure on the part of the Recipient to adhere to this policy may result in the termination of this agreement. Article 25. Anti -Kickback The Recipient agrees to comply with the Copeland "Anti -Kickback" Act (19 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). Article 26. Davis -Bacon Act The Recipient agrees to comply with the provisions of the Davis -Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor Regulations (29 CFR, Part 5). PAGE 11 OF 13 f . Rgcipienta City of Lubbock Project No: TX-90-XO95 State Contract No.a 508XXF6006 Article 27. Contract Work Hours The Recipient agrees to comply with Section 103 and 1078 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Article 28. Indemnification To the extent permitted b y law, the Recipient shall indemnify and save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the Recipient or of any person employed by the Recipient. The Recipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Recipient, its agents, or employees. Such indemnity shall also apply where claims, losses, damages, causes of action, suits, or liability arises in whole or in part from the negligence of the State. Article 29. Recipient Acknowledgement The Recipient acknowledges that it is not an agent, servant, or employee of the State and is responsible for its own acts and deed and for those of its agents or employees during the performance of the contract work:. Article 30. 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 31. 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. PAGE 12 OF 13 r ' r Recipients City of Lubbock Project Nos TX-90-XO95 State Contract No.s 5O8XXF6OO6 IN TESTIMONY WHEREOF, the State and the Recipient have executed duplicate counterparts of this contract. City of Lubbock B. C. McMinn TYPED NAME Mayor TITLE January 28, 1988 DATE ATTESTa� Resolution/Ordinance No' Resolution #2728 A ry r-PAA' e*,;oey APPROVED AS TO CONTENT: Larry V. ffman (/" Director P Transportation 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 State Highway and Public Transportation Commission. Alvin R. Lue eck'e, Jr. State Transportation Planning Engineer FEB 0 4 1988 DATE Recommended for Executions DISTRICT ENGINEER, DISTRIC 5 Z DATE PAGE 13 OF 13 ATTACHMENT 14 PROJECT BUDGET RECIPIENT: CITY OF LUBBOCK TROJECT NUMBER: TX-90-XO95 STATE CONTRACT NUMBER: 508XXF6006 LINE ITEM # DESCRIPTION 11.12.15 TWO LIFT EQUIPPED VANS 11.42.00 TWO SUPPORT VEHICLES 11.42.06 SHOP EQUIPMENT 11.32.10 BUS SHELTERS & PULLOUTS GROSS PROGRAM COST: $166,000 REVENUE FINANCING: -0- NET PROGRAM COST: $0 LOCAL SHARE $ 17,841 STATE SHARE 15,359 LOCAL MATCH (20%) 33,200 FEDERAL SHARE (80%) 132.800 GROSS PROJECT $166,000 AMOUNT $ 91,000 20,000 5,000 50,000 3 $ 6Obi