HomeMy WebLinkAboutResolution - 3263 - Contract - TDHPT - Public Transpostation Project Capital Assistance - 12_14_1989Resolution # 3263
Item #5-A
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 contract with the State Department of Highways and Public
Transportation for $15,030 in capital funding. This resolution
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
the Resolution as if fully copied herein in detail.
Passed by the City Council this 14th day of December , 1989.
B . C . McMi'%n
Mayor
ATTEST:
an te oy - --
Cif.y Secretary
APPROVED AS TO CONTENT:
v
Larry Hof fmqyt
Direc r of Transportation
APPROVED AS TO FORM:
�!orth Fullingim
Rs istant City Attorney
Revised 9/15/89
•4, 11 n.
PROJECT NUMBER: TX-90-X127
CONTRACT #:
PUBLIC TRANSPORTATION CONTRACT
THE STATE OF TEXAS X
THE COUNTY OF TRAVIS X
THIS CONTRACT is made by and between the State of Texas, acting
by and through the State Department of Highways and Public
Transportation, hereinafter called the State, and the
City of Lubbock, hereinafter called the Contractor.
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 Contractor 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 Contractor in procuring federal aid for the purpose
of establishing and maintaining public and mass transportation
projects, hereinafter called the Project; and
WHEREAS, the State Highway and Public Transportation Commission
passed Commission Minute Order No. 89210 authorizing the State to
enter into the necessary agreements with the Contractor for
funding public transportation projects; and
NOW, THEREFORE, in consideration of the premises and of the
mutual convenants hereinafter set forth, the parties hereby agree
as follows.
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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 Public Transportation Director and will be completed
on or before August 31, 1990, 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
The Contractor shall undertake the public transportation project
as described in Attachment A and in accordance with the terms
and conditions of this Contract. Further, the Contractor shall
comply with the provisions of the Uniform Grant and Contract
Management Standards prepared in response to the Uniform Grant
and Contract Management Act of 1981.
The Contractor shall commence, carry on and complete the project
with all practicable dispatch, in a sound, economical and
efficient manner in accordance with the provisions of Attachment
A.
ARTICLE 3. COMPENSATION
A. The maximum amount payable without modification to this Con-
tract is $ 15,030.00. The State will reimburse the
Contractor for the authorized costs incurred in carrying out
this project, which are further described in Attachment A.
The maximum amount payable under the Contract is subject
to the availability of appropriated funds. The State shall
have no liability for any claim submitted by the Contractor
or its subcontractors, vendors, manufacturers or suppliers
if sufficient .State funds are not -available to pay, the
Contractor's claims.
B. To be eligible -for reimbursement under this Contract, a cost
must be incurred within the contract period as specified in
Article 1 above- and be included in the project budget
in Attachment A.
C. Payment will be based on actual costs incurred in confor-
mance with Attachment A, and will be made in accordance with
cost principles outlined in Office of Management and Budget
(OMB) Circular A-87.
D. Costs claimed by the Contractor shall be actual net costs,
that is, the price paid minus any refunds, rebates or other
items of value received by the Contractor that have the
effect of reducing the cost actually incurred. In
particular, fares and other passenger revenues shall be so
identified on the Contractor's billing to the State.
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E. All major items of equipment, as described in the capital
budget in Attachment A, shall be included in this Contract
as direct costs. The Contractor hereby certifies that items
of equipment included in direct costs have been excluded
from the indirect costs.
F. Requests for payment are to be submitted to the State no
more frequently than on a monthly basis, except as noted
below, on invoice statements acceptable to the State.
Additional documentation to support all costs incurred
during the billing period may be required at the discretion
of the State. As a minimum, each billing must be
accompanied by a summary by budget line item which
indicates the total amount authorized for each line item,
previous expenditures, current period expenditures and the
balance remaining in the line item. The original invoice
with required documentation is to be submitted to the
following address:
William M. Pope, P.E.
State Department of Highways
and Public Transportation
P. O. Box 771
Lubbock, Texas 79408-0771
G. The State will make payment within thirty days of the
receipt of properly prepared and documented requests for
payment.
H. The Contractor will submit a final billing within forty-five
days of the close of the Contract termination date as
specified in Article 1 above.
I. The Contractor shall make payments promptly to all subcon-
tractors and suppliers. Failure to do so will be grounds
for termination of this Contract by the State. The State
shall not be responsible for the debts of the Contractor.
ARTICLE 4. CONTRACT AMENDMENTS
Changes in the scope, objectives, cost, or duration of the pro-
ject authorized herein shall be enacted by written amendment
approved before additional work may be performed or additional
costs incurred. Any amendment so approved must be executed by
both parties within the Contract period as specified in.Article 1.
ARTICLE 5. SUBCONTRACTS
Any subcontract for professional services rendered by individuals
or organizations not a part of the Contractor's organization
shall not be executed without prior authorization and approval of
the subcontract by the State. Subcontracts in excess of $10,000
shall contain all required provisions of this Contract. No
subcontract will relieve the Contractor of its responsibility
under this Contract.
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ARTICLE 6. RECORDS AND AUDITS.,
A. The Contractor agrees to maintain financial records,
supporting documents, statistical records, and all other
pertinent records to this Contract to the extent and in
such detail as is required by 49 CFR 18, 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 A above at all reason-
able times during the contract period and for the period
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 re-
tained for a period of three years from final payment,
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
or in part with State funds shall be retained for
three years after its final disposition.
(3) When records are transferred to or maintained by the
State sponsoring agency, the three-year retention
requirement is not applicable to the Contractor.
D. The Contractor further agrees to include these provisions
in each negotiated subcontract.
E. The Contractor 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 7. FINANCIAL MANAGEMENT SYSTEMS
The Contractor's financial management system shall meet or exceed
the requirements of the "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments"
(49 CFR 18). Those requirements include, but are not limited
to:
A. Accurate, current, and complete disclosure of the financial
results of each grant program in accordance with State
reporting requirements.
M
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 Contractor 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 informat-ion,-whenever---appropriate and required by the
State.
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.
ARTICLE 8. PROCUREMENT STANDARDS
The Contractor's procurement procedures shall meet or exceed the
requirements of 49 CFR 18. The Contractor shall have written
selection procedures which meet the minimum requirements of that
document.
ARTICLE 9. PROPERTY MANAGEMENT
The Contractor agrees to comply with the property management
standards specified in 49 CFR 18 in its control, use, and
disposition of property or equipment governed by those standards.
ARTICLE 10. LABOR PROTECTION PROVISIONS
The Contractor agrees to undertake, carry out and complete the
project under the terms and conditions determined by the
Secretary of the United States Department of Labor to be fair and
equitable to protect the interests of employees affected by the
project and meeting the requirements of Section 13(c) of the
Urban Mass Transportation Act of 1964, as amended.
ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS
A. The Contractor, or any subcontractor acting on its behalf,
shall not engage in charter bus operations outside the
project area within which it provides regularly scheduled
public transportation service, except as provided under
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Section 3(f) of the Urban Mass Transportation Act of 1964,
as amended, 49 USC 1602(f),, and regulations pertaining to
Charter Bus Operations, set forth at 49 CFR Part 604 and any
amendments that may be issued. Any subcontract entered into
under these regulations is incorporated into this Contract
by reference.
B. The Contractor, or any subcontractor acting on its behalf,
shall not engage in school bus operations, exclusively for
the transportation of students or school personnel, in
competition with private school bus operators, except as
provided under Section 3(g) of the Urban Mass Transportation
Act of 1964, as amended, 49 USC 1602(g) and regulations
pertaining to School Bus Operations, set forth at 49 CFR
Part 605 and any amendments thereto that may be issued. Any
subcontract entered into under these regulations is
incorporated into this Contract by reference.
ARTICLE 12. MONITORING AND REPORTING
A. The Contractor 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.
B. The Contractor 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.
ARTICLE 13. DISPUTES
A. The Contractor 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 a dispute arise as to the Contractor's responsibili-
ties under this contract, the State's decision shall be
final and binding.
ARTICLE 14. REMEDIES
Violation or breach of contract terms by the Contractor shall be
grounds for termination of the Contract and any increased cost
arising from Contractor's default, breach of contract, or
violation of terms shall be paid by the Contractor.
This -agreement shall. -not be considered as specifying the
exclusive remedy for any default, but all remedies existing at
law and in equity may be availed of by either party and shall be
cumulative.
ARTICLE 15. TERMINATION
A. The State may terminate this Contract at any time before the
date of completion whenever it is determined that the
Contractor has failed to comply with the conditions of
the Contract. The State shall give written notice to the
Contractor 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
Contractor.
D. The State shall compensate the Contractor 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 Contractor shall not incur new obligations for
the terminated portion after the effective date of
termination.
E. Except with respect to defaults of subcontractors, the
Contractor shall be in default by reason of any failure in
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performance of this Contract in accordance with its terms,
including any failure by the Contractor to progress in the
performance of the work. Failure on the part of the
Contractor 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.
ARTICLE 16. GENERAL PROVISIONS
A. CIVIL RIGHTS
During the performance of this Contract, the Contractor, for
itself, its assignees and successors in interest agrees as
follows:
(1) Compliance with Regulations: The Contractor shall
comply with the regulations relative to non-
discrimination in federally assisted programs of the
Department of Transportation (hereinafter "DOT") Title
49, Code of Federal Regulations, Part 21 and 23 CFR
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 Contractor, 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 procurements of materials and
leases of equipment. The Contractor shall not partici-
pate either directly or indirectly in the discrimina-
tion prohibited by section 21.5 of the Regulations,
including employment practices when the contract covers
a program set forth in Appendix B of the Regulations.
(3)
oz mar-eriais ana zquipmenr_: in aii soiiciraLions
either by competitive bidding or negotiation made by
the contractor for work to be performed under a sub-
contract, including procurements of materials or leases
of equipment, each potential subcontractor or supplier
shall be notified by the Contractor of the
Contractor's obligations under this Contract and the
Regulations relative to nondiscrimination on the
grounds of race, color, sex or national origin.
(4) Information and Reports: The Contractor shall provide
all information and reports required by the Regulations
or directives issued pursuant thereto, and shall per-
mit access to its books, records, accounts, other
sources of information, and its facilities as may be
determined by the State or the Urban Mass Transporta-
tion Administration (UMTA) to be pertinent to ascertain
compliance- with such Regulations, orders and
8
instructions. Where any information required of a con-
tractor is in the,exclusive possession of another who
fails or refuses to furnish this information, the
Contractor shall so certify to the State, or the
Urban Mass Transportation Administration, as appro-
priate, and shall set forth what efforts it has made
to obtain the information.
(5) Sanctions for Noncompliance: In the event of the
Contractor's noncompliance with the nondiscrimination
provisions of this Contract, the State shall impose
such contract sanctions as it or the Urban Mass
Transportation Administration may determine to be
appropriate, including, but not limited to:
(a) Withholding of payments to the Contractor under
the contract until the Contractor complies, and/or
(b) Cancellation, termination or suspension of the
contract, in whole or in part.
(6) Incorporation of Provisions: The Contractor shall
include the provisions of paragraphs (1) through (6)
in every subcontract, including procurements of
materials and leases of equipment, unless exempt by
the regulations, or directives issued pursuant there-
to. The Contractor shall take such action with
respect to any subcontract or procurement as the State
or the Urban Mass Transportation Administration may
direct as a means of enforcing such provisions in-
cluding sanctions for noncompliance: Provided, how-
ever, that, in the event a contractor becomes
involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such
direction, the contractor may request the State to
enter into such litigation to protect the interests
of the State, and, in addition, the contractor may
request the United States to enter into such liti-
gation to protect the interests of the United States.
B. NONDISCRIMINATION ON THE BASIS OF HANDICAP
The Contractor agrees that no otherwise qualified
handicapped person shall, solely by reason of his handicap,
be excluded from participation in, be denied the benefits
of, or otherwise be subject to discrimination under the
project. The Contractor 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 Handicap in Pro-
grams and Activities Receiving or Benefitting from Federal
Financial Assistance, set forth at 49 CFR Part 27, and any
amendments thereto.
C. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
D.
E.
F.
It is.the policy of.the Department of Transportation that
Minority Business Enterprises as defined in 49 CFR Part 23
shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with
Federal funds. Consequently, the Minority Business
Enterprise requirements of 49 CFR Part 23 apply to this
Contract as follows:
The Contractor agrees to insure that Minority Business
Enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts
and subcontracts financed -.in -whole or in part with Federal
funds. In this regard, the Contractor shall take all
necessary and reasonable steps in accordance with 49 CFR
Part 23 to insure that minority business enterprises have
the maximum opportunity to compete for and perform con-
tracts.
The Contractor shall not discriminate on the basis of race,
color, national origin or sex in the award and performance
of contracts funded in whole or in part with Federal funds.
These requirements shall be physically included in any
subcontract.
Failure to carry out the requirements set forth above shall
constitute a breach of contract and, after the notification
of the State, may result in termination of the contract by
the State or other such remedy as the State deems appro-
priate.
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor agrees to comply with Executive Order 11246
titled "Equal Employment Opportunity" as amended by
Executive Order 11375 and as supplemented in Department
of Labor Regulations (41 CFR, Part 601.
AFFIRMATIVE ACTION
The Contractor warrants that affirmative action programs as
required by the rules and regulations of the Secretary of
Labor (41 CFR 60-1 and 60-2) have been developed and are on
file.
SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS
(1) Contract Work Hours and Safety Standards Act
The Contractor agrees to comply with Sections 103 and
107 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).
mil
G.
H.
I.
(2) Copeland "Anti -Kickback" Act
The Contractor agrees to comply with the Copeland "Anti -
Kickback" Act (18 USC 874) as supplemented in Department
of Labor regulations (29 CFR, Part 3).
(3) Davis -Bacon Act
The Contractor 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).
(4) Relocation and Land Acquisition
The terms of the Department of Transportation
regulations "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs"
49 CFR Part 25 are applicable to this Contract.
(5) Signs
The Contractor shall cause to be erected at the site of
construction, and maintained during construction,
signs satisfactory to the State and the United States
Department of Transportation identifying the project and
indicating that the Government is participating in the
development of the project.
INSURANCE
The Contractor shall, as a minimum, follow the insurance
requirements normally required of State and local govern-
ments.
ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY
The Contractor 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 Contractor further agrees to report violations to
the State.
The Contractor 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).
CONTROL OF DRUG USE
The Contractor agrees to comply with the terms of the Urban
Mass Transportation Administration regulation, "Control of
Drug Use in Mass Transportation Operations", set forth at 49
CFR Part 653.
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J. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation,
"Suspension and Debarment of Participants in DOT Financial
Assistance Programs", set forth at 49 CFR Part 29, are
applicable to this contract and the Contractor must complete
the Contractor Certification which is included as Attachment
B. Further, any subcontractor employed by the Contractor
is also bound by the terms of 49 CFR Part 29 and must
complete a Contractor Certification (Lower Tier) form.
K. PROHIBITED ACTIVITIES
The Contractor or any subcontractor shall not use Federal or
State assistance funds for publicity or propaganda purposes
designed to support or defeat legislation pending before
Congress or the Texas Legislature.
No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this
Contract or to any benefit arising therefrom.
No member, officer or employee of the Contractor during his
tenure or one year thereafter shall have any interest,
direct or indirect, in this Contract or the proceeds
thereof.
State Highway 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 Contract. The only exceptions allowed are
ordinary business lunches and items that have received the
advanced written approval of the State Engineer -Director
for Highways and Public Transportation. Any persons
doing business with or who may reasonably speaking do
business with the State under this Contract may not make any
offer of benefits, gifts, or favors to Departmental
employees, except as mentioned hereabove. Failure on
the part of the Contractor to adhere to this policy may
result in the termination of this Contract.
L.. ASSURANCES
The Contractor assurances executed in Project application
Standard Form 424 as prescribed in 49 CFR 18, are hereby ref-
erenced and made a part of this contract, along with the
following:
(1) The Contractor will comply with Article 5996a,
V.T.C.S., by insuring that no officer, employee, or
member of the Contractor's governing board or of the
Contractor's subcontractor shall vote or confirm the
employment of any person related within the second
12
degree by affinity or third degree by consanguinity 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 or appointment of the officer,
employee, or governing body member related to such
person in the prohibited degree.
(2) The Contractor 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.
13) The -Contractor .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.
M. PATENT RIGHTS
If any invention, improvement or discovery of the Contractor
or any of its subcontractors is conceived or first actually
reduced to practice in the course of or under this project,
which invention, improvement or discovery may be patentable
under the Patent Laws of the United States of America or any
foreign country; and if said invention, improvement or
discovery has not already become the property of the State
under Article 15.0 above; the Contractor shall immediately
notify the State and -provide a detailed report. The rights
and responsibilities of the Contractor, subcontractors and
the United States Government with respect to such invention
will be determined in accordance with applicable Federal
laws, regulations, policies and .any waivers thereof.
Further, the Contractor shall comply with the provisions of
41 CFR, Part 1-9.
K. COPYRIGHTS
The state and the United States Department of Transportation
shall have the royalty -free, non-exclusive and irrevocable
right to reproduce, publish or otherwise use, and to
authorize others to use, the work for government purposes.
O. INDEMNIFICATION
To the extent permitted by law, the Contractor 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 Contractor
13
or of any person employed by the Contractor. The Contractor
shall also save harmless the State from any and all ex-
penses, 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 Contractor, 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.
P. SUCCESSORS AND ASSIGNS
The Contractor binds itself, its successors, assigns,
executors, and administrators in respect to all covenants of
this agreement. The Contractor shall not sign, sublet, or
transfer its interest in this agreement without the written
consent of the State.
Q. CONTRACTOR ACKNOWLEDGEMENT
The Contractor acknowledges that it is not an agent,
servant, or employee of the State and is responsible for
its own acts and deeds and for those of its agents or
employees during the performance of the contract work.
R. 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.
S. 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 respect-
ing the within subject matter.
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IN TESTIMONY WHEREOF,
presents to be executed.
STATE OF TEXAS
the parties hereto have caused these
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 au-
thorized by the State Highway
and Public Transportation
Commmission under the authority
of Minute Order 89210.
APPROVED:
By:
Director, Public Transportation
CONTRACTOR
CITY OF LUBBOCK
c
By:
C. McMinn
Title: Manor
Date: December 14, 1989
Res olut i on/XXtXd1XMft No.
3263 '
ATTEST:
Ran tte Boy
City Secretary,°'City of Lubbock
Date: APPROVED AS TO CONTENT:
RECOMMENDED FOR EXECUTION: arY2 � ✓
Larry Wfman
Director of Transportation
City of Lubbock
District Engineer, District 5 APPROVED AS TO FORM
AV r&
1
J. W h Fullingim
Assi ant City Attorney
City of Lubbock
15
Contractor Certification
Mayor B.C. Mc Minn ,being (1)
duly sworn or under penalty of perjury under the laws of the United States.
certifies that;-eicept as noted below; •Ci;ty: of, .L•ubbQc&, ; or (2)
.any person associated therewith in the,capacity of owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any
position involving the administration of federal funds:
• is not currently under suspension, debarment, voluntary exclusion. or
determination of ineligibility by any federal agency;
• has notbeen suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past three years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving
fraud or official misconduct within the past three years.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted, indicate below
to whom it applies, initiating agency, and dates of action. Providing false
information may result in criminal prosecution or administrative sanctions.
Exceptions: (3)
(4)
ofcerti yingofficial B.C. McMinn
Title Mayor
December 14, 1989 '
Date Approved As To Content: Attest:
Approved as to Form:
LJ. rth Fullingim arry V. o fman an to Boy
*nnIttin2n Ass stant City Attorney Directo of Trany tary
Lower Tier Participant Debarment Certification
(Negotiated Contracts)
B.C. McMinn, Mayor °',being duly sworn
(insert name of certifying olrieial )
or under penalty of perjury under the laws of the United States, -certifies that
neither City of Lubbock nor its
(insert name of lower tier participant)
principals are presently:
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction
by any Federal department or agency
'{Where the above identified lower tier participant is unable tify to certo-any of the
above statements in this certification, such prospective. participant shall indicate
below to whom the exception:applies, the initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award, but will be considered in
determining contractor responsibility. Providing false information may result in
criminal prosecution or administrative sanctions,, . 7,•-�}--'- .: -a - ...1 -� +�
EXCEPTIONS:
i • %
Certifying of
7itk Mayor
B.C. McMinn
December 14, 1989
Date of Certification APPRUVED AS 10 CONTENT:
APPROVED AS TO FORM:
J. o th Fullingim Larry V. fman
As i tant City Attorney Directo of Transportation
" off
tATTEST:
J
Ran tte Boyd
City Secretary
GRANTEE:
CITY OF PORT
LUBBOCK
ATTACHMENT A
PROJECT NUMBER:
TX-90-X127
CONTRACT NUMBER:
PUBLIC TRANSPORTATION CONTRACT
BUDGET
SUMMARY
DESCRIPTION
FEDBUIL.
X
STATE
%
LOCAL
%
TOTAL
Planning
to,000-00
80
-0-
0
$15,000.00
20
$75,000.00
Capital
$173,496.03
W
$15,030.00
7
$28,345.00
13
$216,871.00
Operating
S850,000.00
50
0
0
$850,000.00
50
$1,700,000.00
TOTAL 11,083,496.00 $15,030.00 $893,345.00 $1,991,871.00
CITY OF LUBBOCK
TX-90-X127
B1JDdET' REVISION #2
NOVEMBER 11, 1989
CURRENT LINE PROPOSED
APPROVED ITEM REVISED
BUDGET CHANGES BUDGET
---------- -------------------
I. Capital
11.32.10 Bus shelters and pullouts $ 70,000 $- 6,192 $ 63,808
11.12.15
Three lift -equipped vans
130,000
+10,565
140,565
11.42.06
Scrubber/sweeper
11,802
0
11,802
11.44.20
Electric/hydraulic lift
1,000
- 1,000
0
11.42.06
Sandblast unit
1,000
- 1,0.00
0
11.42.06
Support equipment and tools
1,600
- 1,600
0
41.20.07
Contingency
0
0
0
11.79.00
Administration
1,469
- 773
696
SUBTOTAL, CAPITAL $216,871
$ 0
$ 216,871
II. Operating Assistance
30.05.00
$1,700,000
$ 0
$1,700,000
III. Planning
41.10.00
Alternative financial $
18,500
0
$ 18,500
41.16.00
Monitor syst. & ser. dev.
7,500
0
7,500
41.15.00
Maintenance of eligibility
7,500
0
7,500
41.13.02
Long range sere. planning
34,000
0
34,000
13.42.07
Computer software/hardware
7,500
0
7,500
SUBTOTAL, PLANNING $
75,000
$ 0
$ 75,000
TOTAL COSTS
$1,691,871
0
$1,991,871
SECTION 9
PROGRAM OF PROJECTS AND BUDGET AIN 3 �`• i�3S
Urbanized Area: Lubbock, Texas Apportionment: Governor's Apportionment
Designated Recipient: City of Lubbock Carryover Funds: of"
Grantee: City of Lubbock Transfer Funds: "
Program No.: TX-90-X127 Total Funds Available:
Project Description
Local
Federal
I. CAPITAL PROJECTS:
a. 80 20 funding.
(1) Bus shelters and bus pullouts
$15,000
$60,000
(2) Three elderly and handicapped vehicles
19,200
76,800
(3) Scrubber/sweeper
3,200
12,800
(4) Electrical/hydraulic lifts
1,000
4,000
(5) Sandblaster unit
1,000
4,000
(6) Support equipment
320
1,280
(7) Contingency
1,986
7,944
(8) Administration
1,669
6,672
subtotal capital.. -
$43,375
$173,496
.y
II. OPERATING ASSISTANCE (up to 50% funding) for period
10/l/88 -
9/30/89
$850,000
$8501000
III.PLANNING (80/20 funding):
a. Alternative financial
b. Monitor system and service development
c. Maintenance of eligibility
d. Long range service plan
e. Compueter system
subtotal planning
TOTALS:
IV. OONTINGUM PROJECTS: None
$3,700 $14,800
1,500
6,000
1,500
6,000
6,800
27,200
11500
6,000
$15,000 $60,000
$908,375 $1,083,496
i
Total
$75,0
96,0
96, 0,
5,0
5, 01
1,6
9, 9.
8, 3,
$216, 8'
$1,700,01
$18, 51
7,51
7,5(
34,01
7,5(
$75, 01
$119___ 91, 8'