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HomeMy WebLinkAboutResolution - 3484 - Agreement-Urban Teansportation Study-Study Elements,Section 134 Planning Process - 11_08_1990�esolgtiog #3484 ovem er 1990 Item #11 DGV:dw 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 by and between the City of Lubbock and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization) pursuant to 23 United States Code 134 to provide funding by the MPO for work performed by the City of Lubbock in maintaining and updating the basic study elements of the Section 134 planning process, which agreement is attached hereto and 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 8th r Rane to Boyd, City Secreiftfy it APPROVED AS TO FORM: 3 avid E. Woosley, City Tra j Engineer U AROVED AS TO CONTEP4�: DM ald G. Vandiver,--l-irst Assis City Attorney day of November 1990. "CMcN, MAYOR STATE OF TEXAS ** COUNTY OF LUBBOCK** THIS CONTRACT, ENTERED INTO THIS' 8th DAY OF November 1990, BY AND BETWEEN THE STEERING COMMITTEE OF THE LUBBOCK URBAN TRANSPORTATION STUDY (METROPOLITAN PLANNING ORGANIZATION), HEREINAFTER REFERRED TO AS THE "MPO" AND THE CITY OF LUBBOCK, TEXAS, HEREINAFTER REFERRED TO AS THE "CITY". ?..W I T.N E S S E T H WHMMAS, PURSUANT TO'PROVISIONS'OF 23 USG 134, THE GOVERNOR OF THE STATE OF TEXAS HAS DESIGNATED THE MPO TO BE THE SINGLE -FOCUS PLANNING ORGANIZATION FOR THE LUBBOCK URBANIZED AREA(S) AND HAS EXECUTED AN AGREEMENT TO EFFECTUATE THE DESIGNATION; AND, WHEREAS, PURSUANT TO THE GOVERNOR'S DESIGNATION, THE MPO ENTERED INTO A CONTRACT ON THE ,2.S V DAY OF j cl n G , 1990, WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, HEREINAFTER REFERRED TO AS THE "STATE", FOR THE PURPOSE OF ASSUMING RESPONSIBILITY FOR WORK ITEMS TO BE FINANCED THROUGH SECTION 112 OF THE FEDERAL - AID HIGHWAY ACT OF 1973 IN SUPPORT OF THE URBAN TRANSPORTATION PLANNING PROCESS ESTABLISHED PURSUANT TO 23 USC 134; AND, WHEREAS, PURSUANT TO THE GOVERNOR'S DESIGNATION AND IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, REGULATIONS, AND ORDINANCES, THE MPO HAS DEVELOPED AND MAINTAINS A CURRENT UNIFIED PLANNING WORK PROGRAM WHICH OUTLINES WORK TASKS AND ESTIMATED EXPENDITURES; AND, AREAS, THE CURRENT UNIFIED PLANNING WORK PROGRAM HAS BEEN APPROVED BY THE STATE AND THE U.S. DEPARTMENT OF TRANSPORTATION, ACTING BY AND THROUGH THE FEDERAL HIGHWAY ADMINISTRATION; AND, RBAS, IT IS THE INTENTION OF THE MPO MAKE AVAILABLE,TO THE CITY, THE SECTION 112 FUNDS PROVIDED TO THEM THROUGH THE AFOREMENTIONED CONTRACT WITH THE STATE, IN PAYMENT FOR WORK PERFORMED BY THE CITY IN MAINTAINING AND UPDATING THE BASIC STUDY ELEMENTS OF THE SECTION 134 PLANNING PROCESS OUTLINED IN THE current LUBBOCK URBANIZED AREA UNIFIED.WORK PROGRAM FOR TRANSPORTATION PLANNING, THE APPLICABLE PORTION OF WHICH IS MARKED EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; NOW,THEREFORE, IN CONSIDERATION OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS OF THE. PARTIES HERETO, THE MPO AND THE CITY DO MUTUALLY AGREE AS FOLLOWS. 1 i^ I A G R.- E E M E N- T Art`icle 1. CONTRACT PERIOD This contract becomes effective when.fully executed by all parties. 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:visable_, 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 contitute renewal of the agreement for an additional six years, subject to all terms and conditions herein specified. Article 2. RESPONSIBILITIES OF THE PARTIES The City agrees to assume responsibility for the specific planning work items assigned to it and authorized by the,MPO in its adaptation of the current Unified Work Program. The MPO shall provideassistance as appropriate and as specified in said Attachment "A", including approval of all work. Article 3. COMPENSATION The MPO will reimburse the City for authorized costs incurred by the work tasks and line items as listed in Exhibit "B`.' in accordance with OMB Circular A-87, "Cost Principles for State and Local Governments". Costs incurred subsequent to receipt of a written work order from the State through the MPO and properly supported will be reimbursable. The total reimbursement by the MPO is not to exceed the amount shown on Current UPWP. The MPO will make payments to the City as partial payments based upon properly prepared billing summarizing -all authorized costs by classifi- cation of costs showing description, quantities, price extension, and total. Such payments shall.,be made no more frequently than on a monthly basis. From the amount due,.the MPO will withhold five (5) percent pending com- pletion of the work performed under the terms of this contract. The City chall submit a final voucher and recapitulation of all previous billings for the contracted work within ninety (90) days of the close of this con- tract. Prior to final payment, an audit of the records supporting costs claimed by the City shall be made. The audit will be in accordance with standard State procedures. The City ,shall make available.records for said Audit to authorized representatives of the State and Federal, agencies involved. The City shall bear responsibility for all funds determined to be ineligible for Federal reimbursement and shall refund to the MPO such funds in excess :of the five (5) percent retainage. All fiscal records shall be maintained by the City for three (3) years after final payment fron the MPO. Article 4. INDEMNIFICATION The City shall save harmless the MPO from all claims and liability due to the acts or omissions of the City, its agents or employees. The City also agrees to save harmless the MPO from any and all expenses, including at- torney fees, ali court costs and awards for damages, incurred by the MPO in litigation or.otherwise resisting such claims or liabilities as a re- sult of any activities of the City, its agents or employees. Further, the City agrees to protect, indemnify, and save harmless the MPO from and against all claims, demands and causes of action of every kind and character 2 BROUGHT BY AN EMPLOYEE OF THE CITY AGAINST:THE MPO 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 CITY OR THE MPO. ARTICLE S. INSPECTION OF WORK THE MPO, THE STATE, AND WHEN FEDERAL FUNDS ARE INVOLVED, THE U.S. DEPARTMENT OF TRANSPORTATION, AND ANY AUTHORIZED REPRESENTATIVE THEREOF, HAVE THE RIGHT AT ALL REASONABLE TIMES TO INSPECTOR 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 CITY OR A SUBCONTRACTOR, THE CITY 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 5. WORK PERFORMANCE ALL WORK PERFORMED HFREUNDER 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 7. DISPUTES THE CITY SHALL BE RESPONSIBLE FOR THE SETTLEMENT OF ALL CONTRACTUAL AND ADMINISTRATIVE ISSUES ARISING OUT OF PROCUREMENTS ENTERED INTO IN SUPPORT OF CONTRACT WORK. THE MPO SHALL ACT AS REFEREE IN ALL DISPUTES REGARDING NONPROCUREMENT ISSUES, AND THE MPO'S DECISION SHALL BE FINAL AND BINDING. ARTICLE 8. NONCOLLUSION THE CITY 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 CITY BREACHES OR VIOLATES THIS WARRANTY, THE MPO 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. ARTICLE 9. REPORTING THE CITY SHALL SUBMIT QUARTERLY PERFORMANCE REPORTS THAT PROVIDE AS A MINIMUM (1) A COMPARISON OF ACTUAL ACCOMPLISHMENTS. TO THE -GOALS ESTABLISHED FOR THE PERIOD, (2) REASONS WHY ESTABLISHED GOALS WERE NOT MET, IF APPROPRIATE, AND (3) OTHER PERTINENT INFORMATION INCLUDING, WHEN APPROPRIATE, ANALYSIS AND EXPLANATION OF COST OVERRUNS OR HIGH UNIT COSTS. THE CITY SHALL SUBMIT A FINAL REPORT WITHIN 90 DAYS AFTER COMPLETION OF THE CONTRACT. THE CITY SHALL PROMPTLY ADVISE THE MPO IN. WRITING OF EVENTS WHICH HAVE A SIGNIFICANT IMPACT UPON THE CONTRACT, INCLUDING: 1. PROBLEMS, DELAYS, OR ADVERSE CONDITIONS WHICH 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 ASSISTANCE NEEDED TO RESOLVE THE SITUATION. 2. FAVORABLE DEVELOPMENTS OR EVENTS THAT ENABLE MEETING TIME SCHEDULES AND GOALS SOONER THAN ANTICIPATED OR PRODUCING MORE WORK UNITS THAN ORIGINALLY i PROJECTED. ARTICLE 10. RECORDS THE CITY 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 MPO, 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 11. SUBCONTRACTS ANY SUBCONTRACT FOR SERVICES RENDERED BY INDIVIDUALS OR ORGANIZATIONS NOT A PART OF THE CITY'S ORGANIZATION SHALL NOT BE EXECUTED WITHOUT PRIOR AUTHORIZATION AND APPROVAL OF THE MPO. SUBCONTRACTS IN EXCESS OF $25,000 SHALL CONTAIN ALL REQUIRED PROVISIONS OF THIS CONTRACT. NO SUBCONTRACT WILL RELIEVE THE.CITY OF ITS RESPONSIBILITY UNDER THIS CONTRACT. ARTICLE 12 TERMINATION THE MPO MAY TERMINATE THIS CONTRACT AT ANY TIME BEFORE THE DATE OF.COMPLETION IF THE GOVERNOR OF THE STATE OF TEXAS WITHDRAWS HIS DESIGNATION OF THE MPO OR IF IT IS DETERMINED THAT THE CITY HAS FAILED TO COMPLY WITH THE CONDITIONS OF, THE CONTRACT. THE MPO SHALL GIVE WRITTEN NOTICE TO THE CITY AT LEAST SEVEN (7). DAYS PRIOR TO THE EFFECTIVE DATE OF TERMINATION AND SPECIFY THE EFFECTIVE DATE OF TERMINATION. THE MPO MAY TERMINATE THIS CONTRACT FOR REASONS OF ITS OWN, NOT SUBJECT TO AGREEMENT BY THE CITY. IF BOTH PARTIES TO THIS AGREEMENT 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 CITY SHALL, AT THE OPTION OF THE MPO, BE DELIVERED TO THE MPO. THE MPO SHALL COMPENSATE THE CITY 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 MPO. THE CITY SHALL NOT INCUR NEW OBLIGATIONS FOR THE TERMINATED`PORTION.AFTER THE. EFFECTIVE DATE OF TERMINATION. EXCEPT WITH RESPECT TO DEFAULTS OF SUBCONTRACTORS, THE CITY SHALL NOT BE IN DEFAULT BY REASON OF FAILURE IN PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH ITS TERMS (INCLUDING ANY FAILURE'BY THE CITY 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'CITY. 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 OF THE CITY. ARTICLE 13. REMEDIES VIOLATION OR BREACH OF CONTRACT TERMS BY THE CITY SHALL BE GROUNDS FOR TERMINATION OF THE CONTRACT. ANY INCREASED COST ARISING FROM THE TERMINATION SHALL BE PAID BE PAID BY THE CITY. THIS AGREEMENT SHALL NOT BE CONSIDERED AS SPECIFYING THFi 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. t ARTICLE 14. COMPLIANCE WITH LAWS THE CITY 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 TRIBUNAL 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 15. SUCCESSORS AND ASSIGNS THE MPO AND THE CITY 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 CITY SHALL NOT ASSIGN, SUBLET, OR TRANSFER ITS INTEREST IN THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF THE MPO. 5 P ARTICLE 16. DEBARMENT/SUSPENSION THE CITY 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 CITY 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 MPO, TO FURNISH A COPY OF THIS CERTIFICATION. ARTICLE 17. CITY RESOURCES ALL EMPLOYEES OF THE CITY. SHALL HAVE SUCH KNOWLEDGE AND EXPERIENCE AS WILL ENABLE THEM TO PERFORM THE DUTIES ASSIGNED TO THEM. ANY EMPLOYEE OF THE CITY WHO, IN THE OPINION OF THE MPO, IS INCOMPETENT, OR WHOSE CONDUCT BECOMES DETRIMENTAL TO. THE WORK, SHALL BE REMOVED FROM ASSOCIATION WITH ANY OF THE MPO'S PROJECTS WHEN SO REQUESTED BY A DULY AUTHORIZED REPRESENTATIVE OF THE MPO. ARTICLE 18. ADDITIONAL WORK THE CITY IS NOT AUTHORIZED TO REQUEST PAYMENT FOR ANY WORK IT MAY PERFORM THAT I3 NOT INCLUDED IN THE c u r r e n tUPWP . ARTICLE 19. EQUAL EMPLOYMENT OPPORTUNITY THE CITY 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 20. NONDISCRIMINATION DURING THE PERFORMANCE OF THIS CONTRACT, THE CITY, ITS ASSIGNS AND SUCCESSORS IN INTEREST, AGREES AS FOLLOWS: 1. COMPLIANCE WITH REGULATIONS: THE CITY 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 CITY, 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 CITY 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. 6 i 3. SOLICITATIONS FOR SUBCONTRACTS„ INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: IN ALL SOLICITATIONS EITHER BY .COMPETITIVE BIDDING OR NEGOTIATION MADE BY THE CITY FOR WORK TO BE PERFORMED UNDER A SUBCONTRACT, INCLUDING PROCUREMENTS OF MATERIALS OR LEASES OF EQUIPMENT, EACH POTENTIAL SUBCONTRACTOR OR SUPPLIER SHALL.BE NOTIFIED, BY THE CITY OF THE CITY`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 CITY 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 DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OR THE U.S. DEPARTMENT OF TRANSPORTATION TO BE PERTINENT TO ASCERTAIN COMPLIANCE WITH SUCH REGULATIONS OR DIRECTIVES. WHERE ANY INFORMATION REQUIRED OF THE CITY IS IN THE EXCLUSIVE POSSESSION OF ANOTHER WHO FAILS OR REFUSES TO FURNISH THIS INFORMATION, THE CITY SHALL SO CERTIFY TO THE STATE DEPARTMENT'OF HIGHWAYS AND PUBLIC TRANSPORTATION OR THE U.S. DEPARTMENT OF TRANSPORTATION AS APPROPRIATE, AND SHALL SET FORTH WHAT EFFORTS IT HAS MADE TO OBTAIN THE INFORMATION. S. SANCTIONS FOR NONCOMPLIANCE: IN THE EVENT OF THE CITY'S NONCOMPLIANCE WITH THE NONDISCRIMINATION PROVISIONS OF THIS CONTRACT, THE MPO SHALL IMPOSE SUCH CONTRACT SANCTIONS AS IT, THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION MAY DETERMINE TO BE APPROPRIATE, INCLUDING BUT NOT LIMITED TO: * WITHHOLDING OF PAYMENTS TO THE CITY UNDER THE CONTRACT UNTIL THE CITY COMPLIES, AND/OR * CANCELLATION, TERMINATION, OR SUSPENSION OF THE CONTRACT IN WHOLE OR IN PART. 6. INCORPORATION OF PROVISIONS: THE CITY SHALL INCLUDE THE PROVISIONS OF PARAGRAPHS 1 THROUGH 6• TN EVERY SUBCONTRACT, INCLUDING PROCUREMENTS OF MATERIALS AND LEASES OF EQUIPMENT, UNLESS EXEMPT BY THE REGULATIONS OR DIRECTIVES ISSUED PURSUANT THERETO. THE CITY SHALL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PROCUREMENT AS THE STATE MAY DIRECT AS MEANS OF ENFORCING SUCH PROVISIONS INCLUDING SANCTIONS FOR NONCOMPLIANCE; PROVIDED, HOWEVER, THAT IN THE EVENT A CITY BECOMES INVOLVED IN, OR IS THREATENED WITH LITIGATION WITH A SUBCONTRACTOR OF SUPPLIER AS A RESULT OF SUCH DIRECTION, THE CITY MAY REQUEST THE MPO TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE MPO; IN ADDITION, THE CITY MAY REQUEST THE STATE AND THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE STATE OF TEXAS AND THE UNITED STATES. ARTICLE 21. MINORITY BUSINESS ENTERPRISE 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 Off' 49 CFR-23; EXCLUSIVE OF SUBPART D, APPLY TO THIS CONTRACT AS FOLLOWS. 7 * THE CITY 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 CITY 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 CITY 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. 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 MPO, MAY RESULT IN TERMINATION OF THE CONTRACT BY THE MPO OR OTHER SUCH REMEDY AS THE MPO DEEMS APPROPRIATE. ARTICLE 22. PROCUREMENT THE CITY 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. ARTICLE 23. PROPERTY MANAGEMENT THE CITY 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. ARTICLE 24. AUDIT THE CITY SHALL COMPLY WITH THE REQUIREMENTS OF OMB CIRCULAR A-128, "AUDIT REQUIREMENTS FOR STATE AND LOCAL GOVERNMENTS," AND SHALL PROMPTLY FURNISH THE MPO A COPY OF EACH AUDIT REPORT. THE CITY SHALL BE RESPONSIBLE FOR ANY FUNDS DETERMINED TO BE INELIGIBLE FOR FEDERAL REIMBURSEMENT, AND SHALL REIMBURSE THE MPO THE AMOUNT OF ANY SUCH FUNDS PREVIOUSLY PROVIDED TO IT BY THE MPO. ARTICLE 25. AMENDMENTS ANY CHANGE TO ONE OR MORE OF THE TERMS OR CONDITIONS OF THIS AGREEMENT SHALL NOT BE VALID UNLESS MADE IN WRITING AND AGREED TO_BY THE PARTIES HERETO BEFORE THE CHANGE IS IMPLEMENTED. . 8 j ARTICLE 26. DISTRIBUTION OF PRODUCTS THE CITY WILL PROVIDE A NUMBER OF COPIES TO BE SPECIFIED BY THE MPO OF ALL INFORMATION, REPORTS, PROPOSALS, BROCHURES, SUMMARIES, WRITTEN CONCLUSIONS, GRAPHIC PRESENTATIONS, AND SIMILAR MATERIALS DEVELOPED BY THE CITY AND FINANCED IN WHOLE OR IN PART AS PROVIDED HEREIN. ALL REPORTS PUBLISHED BY THE CITY SHALL CONTAIN A PROMINENT CREDIT REFERENCE TO THE MPO, THE STATE AND THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION: PREPARED IN COOPERATION WITH THE STEERING COMMITTEE OF THE LUBBOCK URBAN TRANSPORTATION STUDY STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND, THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION. ARTICLE 27. OWNERSHIP OF DOCUMENTS UPON COMPLETION OR TERMINATION OF THIS CONTRACT ALL DOCUMENTS PREPARED BY THE CITY OR FURNISHED TO THE CITY BY THE MPO SHALL BE DELIVERED TO AND BECOME THE PROPERTY OF THE MPO. ALL SUCH DOCUMENTS, PHOTOGRAPHS, CALCULATIONS, PROGRAMS, AND OTHER DATA PREPARED OR USED UNDER THIS CONTRACT SHALL BE USED BY THE MPO WITHOUT RESTRICTION OR LIMITATION OF FURTHER USE. ARTICLE 28. SIGNATORY WARRANTY. THE UNDERSIGNED SIGNATORY FOR THE CITY HEREBY REPRESENTS AND WARRANTS THAT HE IS AN OFFICER OF THE CITY AND THAT HE HAS FULL AND COMPLETE AUTHORITY TO ENTER INTO THIS CONTRACT ON BEHALF OF THE CITY. IN WITNESS WHEREOF, THE MPO AND. THE CITY HAVE CAUSED THIS CONTRACT TO BE EXECUTED, BUT THE CONTRACT SHALL NOT BE VALID UNTIL SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY. THE CITY OF LUBBOCK THE MPO BY BY, AIGNATUM SIGNATURE B. C. McMINN, MAYOR TYPED NAME TYPED NAME TITLE MAYOR TITLE DATE November 8, 1990 DATE ATTE ::� BY BY SIGMA SIGNATURE Rane tte Boyd TYPED NAME TYPED NAME TITLE City Secretary TITLE DATE November 8, 1990 DATE APPROVED AS TO CONTENT: - David E. Woosley, City Traffic Engineer APPROVED AS TO FORM: e - Donald G. Vandiver, First Assistant City Attorney FOR THE PURPOSE OF THIS AGREEMENT, THE FOLLOWING ADDRESSED SHALL BE USED TO MAIL ALL REQUIRED NOTICES, REPORTS, CLAIMS, AND CORRESPONDENCE: FOR THE CITY: FOR THE MPO: 10 (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principals: -(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year.period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform- ing a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity* with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. *federal, state or local Signature of Certifying Official 'Title Da te Form 1734-A 4•A8 , Lower Tier Participant Debarment Certification (Negotiated Contracts) being duly sworn (insert name of certifying official) or under penalty of perjury under the laws of the United States, certifies that neither nor its (insert name of lower tier participant) principals are presently: • debarred, suspended, proposed for debarment, e declared ineligible, e or voluntarily excluded from participation in this transaction by any Federal department or agency Where the above identified lower tier participant.is unable to certify to 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. EXCEPTIONS: Signature of Certifying Official Title Date of Certification See Reverse for Information Form 1734 Rev. 4.89 No Text - �tF1AL ASIS9:3TANCZ cawrt Ar.t1• 1 ' +1 ,TYPE CaT10M1 1DENT1. OF O ►,OT= OF wmw WrOW4 bENT1. ► CATt . FteR a OATt , vwq raw .�M &F AS�wr Ne0 row wIep (.►�� �EAP'LICATION w1sW►rW rQ-� APftJC ►TI0N By %TAR It LAW" 71.a�1 4 tAGAL APft0CANVIRECy+ENT !. itur'WTER immVicArou" "tJuvan CE" &A—%*,*"— Steering Committee *•0,w-►%P-Mvtropolitan Planning Organization t: sa. P O. 01— I' . 11 . Box 7 7 1 Po 4L w+ssw t aC # Luhhock •C -* Lubbock +. SIM" T e x .► S s zw toe.7 9 4 0 8 0 7 71 �f►•w crA+( ++tX T rt t wCor+.a►...�.(v.... .lack N. Moore k TTTL4 tdes►w.wr7!15 - 44.11F•xt F. TMII OF APrt1GVR's r 40MCT r"04 ow1oft Iv of V" %MR a a�• .•. nrwwarr eawtpaat me sr •. Trrt OF Arv%X^w$wECw 4GNT pars" I U N I i i I-:) WORK PROGRAM F y 19 91 �- «- a .�...r +�...� e.,• The III'WI' hrlefl'y describes the Transportation re- � �•M~ ]rated Itl:lnntng work which wi l l be do ie in the + Lubbock Urbanized Area for the period October 1:, +-"~ raw *PP vpw"low 0 1990-September 30, 1991. It also describes those tasks which will be AAE^ OF PVCJGCT PAPACY (Mr+waloft% MM.aa+a A•Mw wa/ 10 ESTa1wTE0 kV"*Cn /1 Pr*E OF ASSISTANCE Federally funded wit h Sect i u n 1 l 2 & 'co"S se"Ew PIPIS0FITG-�.�-��..� + tIMTA Ssrt ion 9 funds. LUBSOC URB P'"" 1L raOPOSEO f odow` f3 I& COMGMISION L DIST"$= OF: 14. Ty" Co 40iou note to ffrwpAL 10 1 7 n _ n n n i a AFVIL Ar(T �. ►wQJiCt '-""" •'`"" ""' Jr............. J... 1 APP%JCJANIF STATE 3 0 0 IS. rq%oxcT START OATS raw aw"* An 1. LOCJIi • oT►•E" It. DATE Due TO Tout ! s 215,300. 1 is. F606PAL M;,E"CY TO RECVA AcQua T . 0RGANQAT1 P4AL k "1T VP AM"OPAMTU IO. A LAI 11 TY7� 00 CWMroOf ffe. 14 r NN Ours Is. PROJECT a�o...r- puRAnCr1 e..o....� a►�.n. +Ro��1a ta. ems•► ��^^����!!••++ row .y»M I.. Its 20. Ex13T040 FEDERAL GRANT 10EKTIFICAt" "uwsER 21. PIEMAAuS ADDED Vol U Te ti 6" rM w'r bnow+.Ops and b*60. a 04TTNTIPREAPKICATMIXFF=TXX4 WAS MNX AVAJtAAU TO Tr+E STATE T►� w b% ti wo, , - 0MCLff" CROGw /3212 ►wOCAfs fM REVIEW Oft AP,rLOr-ANT we v%m W aimem fa f 060100 NM. OATS CERTWOES b••A &Of +1/lrwr w" V" go~ wr�p THAT► b*ft 41 go MOO,'+"rw ftw"W M ad am•" wFM I"d aift •w,M>tnoM a NO. "XX"%A" Is NOT OdvERED By t0 12M ❑ + rw a m tarim . aonrr..a OA ►"0GP.W r1As NOT OEEN SUACTE0 BY STEM raw RVVIEW O n . T1r►tD r+n►�E ArQ TT" a W¢�ATNwE oERTlfvtr+a� .lames Bertram r t r a m wE►wE. . SEF(TwT1+nE man S e e . C 24. A#n9VJCA- r•r W"IM4 404V ML FE0411AL AP"XAT10N NXNT*,rAfm 10611TOC-ATION wecElvfO is )O" TAMER 26. row wr-0 Iqr 70 T«• wr�M /aw . STAw T1rQ WAMXD • 1• OATE tf orb. EJECTTD a FEOEAAL s AQ +A 31. OOWACT fOw AOOJT101L 1"FOAMA. a2 r r •w.A dow O e. wETLJa+EO Fqw T10w (NWwr M/ ovIdp .. •ai-M+I E*IOm4 AMENOWENT a AM'tJCAW .00 OArE I O l "CT1Jw+E0 1°011 - EO t27T2 "M*3*" e: sTATi JDO 30. RElAuwtts AOOEO- er A►•L)CANY 10 a LOC-0I. O0 WTATE O a OEFERAED a OTHER AO p !. wTTtgrtAw" 1. TOTAL S 40 •Qr« 0w 1 7SA"1-00"IJL2 STANOA^0 FOAM 427PAGE 1 F" 4-441; V10Vs ED1n10N IV*WV% w/ Of OAO COVUSN. /.(J9 4T VS.A LE UNIFIED WORK PROGRAM FOR TRANSPORTATION PLANNING LUBBOCK URBANIZED AREA FY 1991 (October 1, 1990 to September 30, 1991) Introduction For several years, the Department of Transportation, through its modal administrations, has promoted the development of an annual Unified Work Program to describe intermodal, comprehensive transportation planning in each urbanized area. This single program was designed to be the basis for application of Federal transportation planning funds to each of the DOT modal administrations. The Federal -Aid Highway Act of 1973 and the Surface Transportation Act of 1978 include provisions which place even more emphasis on the need for a unified transportation planning work program. By providing Federal -Aid Urban System funds for highway improvements or for mass transportation at the local elected official's option, this act reinforces the need for a planning process which considers the needs of each area on an individual basis and then analyzes highway and mass transportation needs together. In addition, Section 112 of both highway acts provides planning funds which are to "...be made available by the State..." for comprehensive transportation planning. These Section 112 "PL" funds combined with Urban Mass Transportation Section 8 and 9 funds represent the Federal Assistance that should be included in a_single unified program. This Unified Planning Work Program has been developed to coordinate the various transportation planning functions of the City of Lubbock, Lubbock County, State Department of Highways and Public Transportation,,FHWA, UMTA, and FAA within Lubbock County. This Unified Planning Work Program covers FY 1991 October 1, 1990 to September 30, 1991) ORGANIZATION AND MANAGEMENT The organization of the Study as it presently operates is outlined in the Continuing Phase Agreement and consists of a Policy Advisory Committee, a Steering Committee, (which serves as the_Metropolitan Planning organization), and a 1 f Planning Coordinator. Membership and responsibilities of the planning Coordinator are set forth in.°the Continuing Phase Agreement and the Prospectus for the Lubbock Urban Transportation Study. 'In the interest of greater efficiency and to permit individual studies to be tailored by the representatives of local government to best meet the needs `of the community, the Commission of the Texas State Department of Highways and Public Transportation has issued Minute Order No. 76787 providing considerable latitude for local_ governments to exerciseprerogatives in tailoring transportation planning to best suit their area. Each study area now has the option of continuing.under the two committee structure or choosing to`replace tbl s structure with one 'committee. The City of Lubbock and Lubbock County, signatories to the planning agreement, have chosen to continue the present two committee structure. Backoround Information The present agreement between the State and the Metropolitan Planning Organization was originally executed September 10, 1980 and a new contract was executed June 25, 1990. The agreement is revised each year by the inclusion of the approved Unified Work Program as part of the agreement. The current agreement between the Office of the Governor of the State of Texas and the Steering Committee of the Lubbock Urban Transportation Study (MPO), signed, August 26, 1988,is valid until the Steering Committee is no longer designated as Metropolitan Planning Organization (MPO). Citizen Participation It is general.policy that all meetings of the Steering Committee and the Policy Advisory Committee are open to the public. News releases are prepared and submitted to local radio and television stations and newspapers prior to meeting dates. To encourage public participation, these releases give the planned agenda, dates, and places of meetings. Notices of meetings are posted in a number of public places. Particular attention.is given to notifying minority groups about proposed meetings. Notices are :posted in public places and all newspapers with large minority circulation are provided with the news releases. Public hearings are held to discuss location and design of all major construction projects. The monthly meeting of the Transit Advisory Board is open to the public and welcomes citizen input. 2 Environmental Considerations Proper transportation planningallows the construction of street and highway projects to enhance rather.than degrade the quality of life in an urban area. Open space, parks, and recreational facilities are important environmental Factors. It is becoming more and more important in our transportation planning ,that additional attention be given not only to the preservation and enhancement of existing open space, but also to the providing of additional open space'in anticipation.of future development. Similarly., conscientious attention should be given to the -preservation of historical sites and buildings. Another very important environmental consideration is the quality of the air which man breathes. The Lubbock Area air quality is consistent with the State Air Quality Plan. If the Lubbock Urban Transportation Study Area fails to meet the minimum requirements of the State Air Quality Plan, the Metropolitan Planning Organization will take the appropriate steps. Energy, Considerations General public interest in energy conservation seems to depend directly upon unstable fuel prices. When fuel prices remain stable or decrease, there seems to be a general apathy toward conservation measures. Task 502.12, FY 1982 Unified Work Program, called for a two stage formation of an Energy Contingency Plan. The first stage provided for compiling general information concerning energy conservation and contingency planning and then using only.that information which was pertinent to the development of an energy plan specifically for Lubbock. This -stage is complete. The second stage called for development of the plan with input and cooperation from the general public as well as the major manufacturers of the city. This interest and input is not presently available. Information gathered under stage one of the task will be preserved and used as the beginning step for development of an energy plan when community interest is revived. Energy contingency planning and conservation efforts have progressed in the Lubbock area. Citibus, the local transit company, has completed a preliminary plan for dealing with future fuel shortages. The City of Lubbock has developed strategies for the most effective use of .city owned vehicles during a fuel crisis. Presently a new system will reduce traffic delays and conserve energy through more efficient vehicle movement. A Traffic Management Team has been instituted for use in Lubbock. This team is composed of city, county, and state personnel with traffic operation 3 responsibility. The team :object,ive.is'to identify and eliminate short range problems�of a low cost nature. The team action will permit more efficient.traffic.movement and consequently will save fuel. General Work- Pro2ram The Transportation.Plan has been completed with a base year of 19tio and projections through 2005. Tasks presently underway include update of present land use, traffic counts, and a serial zone map for use with traffic assignments. A new traffic assignment will be done with the new traffic count completed in Air i 1 & May 1990 The Study for Improvements at 10 High Accident Locations and Census Bureau/MPO Cooperative Assistance Program are complete and some of the recommendations in the Accident Study are being implemented. Proposed tasks in the FY 1991 UWP continue a task for making land use information available by serial zone through use of the computer. As the update progresses, the elements of the plan will.be examined individually. The Study of the feasibility of upgrading Brownfield Road to freei4ay status was complete in Fy 1987 and plans are being prepared for a construction project to make this plan a reality. A study for improvements at the top 10 high accident locations was undertaken in FY 1989 and was completed in FY 1989. The study produced a comprehensive report documenting and evaluating the number and type of accidents occurring, together with conditions at the time of the accidents. Recommendations were made to improve the safety and operation of the intersections and some of these recommendations have been implemented. The Census Bureau/MPO Cooperative Assistance Program has supplied all the information the Census Bureau needed prior to Census time. A workplace file and 'spotted maps have been furnished and the work with major employers is underway. This completes this task. The Parking Study of the CBD of the City of Lubbock will be completed by September 30, 1990. The contractor for this study pis Wilbur Smith & Associates. To meet objectives and concerns of the Study Area, the following tasks are scheduled during Fiscal Year 1991 (October 1, 1990 through September 30, 1991). r 4 TASK 101 - Program Development Management and Coordination Work elements in this activity are basically administrative and management tasks_ associated with the function and coordination of the multimodal transportation planning process. The development of goals, objectives, and policies; committee structures and staffing; interagency linkage and information; and staffing of various work elements are the main concern of transportation planning coordination Required duties include: informing the public and committee members of meetings, preparation of meeting agenda and minutes, and attendance at various meetings. These .duties are not always chargeable to any one Work element, but are an integral part of overall transportation planning. Processing the necessary agreements and resolutions, preparing the Unified Work Program, The Transportation Improvement Program, and coordinating all material needed for the annual certification review are other necessary administrative functions performed by the Office of the Planning Coordinator, State Department of Highways and Public Transportation, acting as staff for the Metropolitan Planning Organization (MPO). TASK 101.21 Management and Coordination Objective To manage and/or coordinate the various transportation planning efforts which lead to the development of the overall transportation planning programs. Scope and Methodology The Steering Committee., which also serves as MPO, oversees the Planning Coordinator in the management of the Study Office. Study.Office personnel monitor on -going planning tasks, review reimbursement requests made by agencies conducting studies funded with Section 112 funds and recommends payment as it is appropriate. Coordination of the efforts of all transportation planning agencies is an important part of the Coordinator's responsibility. This coordination is a day-to-day process involving .the necessary liaison among agencies, attendance at meetings, assignment of planning responsibilities and the general coordination of work and procedures. Product Correspondence, memoranda, agreements, agenda, record keeping, and minutes necessary to document on -going activities. Responsibilit The Planning Coordinator, under the guidance of the Steering Committee, will be responsible for the management and coordination of the Lubbock Urban Transportation Planning Process. Funding Source FHWA Section 112 Funds $ 10,000 State Department of Highways and Public Transportation 100 Total $ 10,100 . . vaa asa ausaay .� ... a.a a• Transportation Study objectives To develop planning' programs.as needed or required, and to perform necessary planning tasks either as an annual requirement or as an occasional need. To provide necessary documentation or reports to support the planning efforts. Scope and Methodology This task will provide for the development of the Unified Work Program and the Transportation Improvement Program for FY 1992. Transportation System Management projects will be developed for inclusion in the annual element of the TIP. Planning tasks such as the Certification Review, -monitoring transportation improvements, and necessary progress reports will also be included in this task. Product Transportation Improvement Program, with Annual Element Unified Work Program Certification Review - Transportation Plan Update Progress Reports Responsibility This task is the responsibility of the Planning Coordinator and Study Staff working under the guidance of the Steering Committee. Funding Sources FHWA Section 112 Funds $ 8,000 State Department of Highways and Public Transportation 100 Total $ 8,100 TASK 202.21 PARKING STUDY .OF THE CBD OF THE CITY OF LUBBOCK Objective The review of all on -street and off-street parking facilities in the CBD together with an evaluation of parking requirements based upon the quantity and type of land use. The formulation of recommended strategies for increasing parking in areas where a shortage is identified. Previous Work This project was starte.d.in FY 90 but not completed and is being completed under this UPWP. Methodology A consultant has been hired to conduct this study under the FY 90 UPWP. Product The product'of this study will be a comprehensive report documenting on a block by block basis, the available parking spaces, the required parking spaces, and the resultant surplus or shortage. The consultant's conclusions and recommendations for improvements will also be summarized in the report for future planning purposes. Responsibility The completion of this task is the responsibility of the City of Lubbock Traffic Engineering Department. Funding Source FHWA Section 112 Funds $ 5,450 State Department of Highways and Public Transportation 100 City of Lubbock 500 L TASK 301.21 Unified Planning Work Program FY 1990-91 and FY 1991-92 Obiectives The objectives of this task'are: to examine the Transit System operated by the subsidized private operator, City Transit Management Co., Inc; to prepare recommendations for action which could improve service and/or reduce deficits; and to update and review previous work with an ongoing process as may be required by UMTA for capital and operating assistance programs. Previous Work The FY88-89 Technical Study included alternative financial and operational scenarios, monitor system and service development; maintenance of eligibility; develop a comprehensive long-range service plan; and purchase IBM (or compatible) computer system. Current Work The FY89-90 Technical Study has been developed in Ito nine areas: 1. Review of Citibus Cash Handling Procedures A. The comprehensive review will include a fare analysis, with the intent of creating a ten percent increase in farebox revenues; an on -board security check to identify potential problems with both fixed route and-DRS fare handling procedures; review of in-house procedures for receiving and depositing cash; and specifications for electronic, registering fareboxes. B. Funding UMTA $ 6,000 State 975 City of Lubbock 525 Total $ 7,500 (6.0% of project budget) 2,. Comprehensive Analysis of the Maintenance Department A. The review will include recommendations on the fleet and equipment; staffing levels and staff development; and facility improvements. B. Funding UMTA $12,000 State 1,950 City of Lubbock 1,050 Total $15, 000 (12.0 0 of project) 3 Analysis of the Demand Response Service l A. This analysis will include reviewing the overall efficiency of the system and making recommendations for improvements and preparation of specifications for a management information system to assist in dispatching. The project also includes the purchase and installation of � g 0 Unified Planning Work Program Page 2 the management information system and training for personnel who will use the system. B. Funding UTMA $32,000 State 5,200 City of Lubbock 2,800 Total $40,000 (32.0% of project budget) 4. Comprehensive Operational Analysis A. This study will include a complete on-board..study of all ' the routes in the system, and a series of implementable recommendations for operational improvements in the . system. Citibus' fixed routes have not been substantial -!I changed since 1979, and it is likely that changes to improve operational efficiency can result in increased utilization of the system. The project is to include design of easily -read route and schedule information and .the production of the camera-ready art for new route maps and schedules. B. Funding UTMA $28,000 State 4,550 City of Lubbock 2,450 Total $35,000 (28.0% of project budget) 5. Safety/Drug Control Planning A. In order, to maintain compliance with Federal rules on the control of, drug use in transit operations, Citibus will develop and fully implement a program which includes the following components: collection and testing procedures; chain of custody and confidentiality; random tests; employee training; assistance and rehabilitation; and local legal and regulatory requirements. B. Funding 6. UTMA $ 4,000 State 650 .City of Lubbock 350 Total $ 5,000 (4.0% of project budget) Alternative Financial and Operational Scenarios A. Maintain a five year financial,plan and an operations contingency plan. The financial plan defines the amount of resources required to continue the current level of service in the future. The contingency plan provides an implementation plan in the event of a reduction in or loss of federal operating assistance. Identification of new funding sources and proposed service level changes would include appropriate private sector participation. In 9 Unified Planning Work Program Page 3 addition, the plan will include analyses of existing and potential: revenue sources reflecting long term availability, sensitivity to economic cycles, and other factors; forecasts of baseline transit costs (capital, maintenance and modernization) for assistance in making service and investment decisions. B. Funding - UMTA $ 6,000 State 975 City of Lubbock 525 Total $ 7,500 (6.0% of project budget) 7. Monitor System and Service.Development A. Conduct an on -going program of monitoring and evaluating the efficiency of the system's route and schedule, maintenance, and management's performance. Periodic .comprehensive analyses and special, one-time projects/studies will complement the on -going program. B. Funding UMTA $ 4,800 State 780 City of Lubbock 420 Total $ 6,000 (5.0% of project budget) S. Maintenance of Eligibility A. Prepare and/or coordinate activities in the areas of: Title VI Certification, Disadvantaged Business Enterprise Participation, Section 504, FY 1991's Unified Planning Work Program, and the Transportation Improvement Plan. B. Funding UTMA $ 3,200 i State 520 City of Lubbock 280 Total $ 4,000 (3.0% of project budget) 9. Training and Professional Development A. This program will allow Citibus' management staff and operations and maintenance Personnel to attend seminars, schools, training sessions, and conferences to further their educational and professional development. B. Funding UMTA State City of Lubbock Total $ 4, 000. 650 350 $ 5,000 (4.0% of project budget) 10 Unified Planning Work Program `Page 4 Proposed Work 1. Elderly and.Handicapped service Planning In anticipation of. Xhe enactment of the Americans with Disabilities Act (ADA), this project will focus ensuring Citibus' full compliance with the Act in all facets of service, including: a. Providing.that.any vehicle purchases or leased within thirty days of the enactment of the Act will be lift - equipped. b. Providing comparable level paratransit service to handicapped persons who cannot otherwise utilize Citibus fixed route service.. C. Ensuring that any new facilities are accessible and that major alterations to existing facilities will be made accessible to.the maximum extent feasible. B. Funding UMTA $14,000 City of Lubbock 3,500 .,.Total $17,500 (14% of project total) 2. Clean Air Planning A. This portion of the project will include an analysis of the use of alternative fuels such as methanol and natural gas for Citibus' fleet. Specific issues that will be, examined will include: d. Analyses of legal liability issues in the areas of storage, operations, fueling, etc., and potential insurance availability and cost implications. e. Development of fleet"conversion costs and the relative advantages/disadvantages (availability, reliability, warranties, etc.) of using kits, retrofit of engines, and new vehicles utilizing alternative fuels. f. Analyses of alternative fuel availability from suppliers at quantities, costs, and long term commitments commensurate with vehicle service life. g. Analyses of safety issues related to siting of new alternative fuels storage and delivery facilities such as vehicle storage, deployment, vehicle visibility, ventilation, etc., or for existing garage facilities, evaluation of changes needed to the structural, electrical, ventilation, fire f 11 Unified Planning Work Program Page 5 suppression, emergency equipment, and spill/leak disposal systems. h. Analyses of funding resources from all government levels as well as consideration of non -Federal funds such as the use of oil overcharge funds. B. Funding UMTA $14,000 City of Lubbock 3,500 Total $17,500 (14% of total project) 3. Safety/Alcohol-Drug Control Studies A.- This portion of .the study will include develop of policies and planning for the proper safety -related maintenance of transit vehicles, fire safety, safety during periods of .severe weather, substance abuse- where it affects employee performance in critical safety -related jobs, emergency 'preparedness to improve the capability to respond to transit accidents/incidents, and security to reduce theft and vandalism to transit property. B. Funding UMTA $14,000 City of Lubbock 3,500 Total $17,500 (140 of total project) 4. Risk Management A. This program will develop comprehensive risk management strategies, including elements involving risk reduction, risk avoidance, and insurance. Special attention will be given to the development of policy and planning for the proper maintenance of transit vehicles, fore safety, substance abuse where it affects employee performance in critical safety -related jobs, emergency preparedness to improve the response capability to handle transit accidents/incidents, and security to reduce theft and vandalism of transit property. The project will include a safetyaudit and development of safety/security improvement and risk management programs. B. Funding UMTA $10,000 City of Lubbock 2,500 Total $12,500 (10% of project budget) 5. Planning "Back to Basics" A. Activities included in this task will be undertaken with the intent of improving local databases in order to help develop meaningful financial plans. Specific activities will include: 12 t Unified Planning Work Program Page 6 The acquisition and processing of collateral data to complement Journey -to -Work data from the 1990 Census in the Census Transportation Planning Package (C'rPP). • The development and/or calibration of new updated travel demand models and related network databases. Updating long range regional land use/transportation plans Analyses of -•existing and potential revenue sources reflecting long term availability, sensitivity to economic cycles and other factors. • Forecasts of baseline transit costs (capital, operating, maintenance) for local transit officials to use in making service and investment decisions. B. Funding UMTA $10,000 City of Lubbock 2,500 Total $12,500 (100 of project budget) 6. Short Range Transit Planning A. This program will include development of appropriate plans to ensure transit safety, services for elderly and handicapped patrons, and implementation of recommendations developed during the FY 1990 Technical Study's Comprehensive Operations Analysis. B. Funding UTMA $ 7,000 City of Lubbock 1,750 Total $ 8,750 (7% of project total) 7. Financial Planning A. In order to develop a financial plan, the following activities will be developed: ■ Assessment of existing financial conditions. ■ Identification of future financial requirements for ongoing operations, expansions, rehabilitation, etc. • Assessment of Citibus' ability to meet future financial requirements, based on an analysis of existing revenue sources. Identification of new sources of revenue to meet any future financial shortfalls. 13 B. Funding UTMA $ 6,000 City of Lubbock 1,500 Total $ 7,500 (6% of project budget) 8. Monitor System and Service Development A. Conduct an on -going program of monitoring and evaluating the efficiency of the system's route and schedule, maintenance, and management's performance. Periodic comprehensive analyses and special one-time projects/ studies.will.complement the on -going program. B. Funding UTMA $ 6,000 City of Lubbock 1,500 Total $ 7,500 (6% of project budget) 9. Maintenance of Eligibility A., Prepare and/or coordinate activities in the areas of: Title VI Certification, Minority Business Enterprise Participation; Section'504, FY 1992's Unified Work Program and Transportation Improvement Plan. B. Funding UMTA $ 6,000 City of Lubbock 1,500 Total $ 7,500 (6% of project budget) 10. Capital Investment Planning A. Because of Citibus' increasing needs for capital improvements, this task will stress the identification of more economical approaches to meeting the needs for capital expenditures and will include the examination of opportunities for private and other non-federal investments in transit facilities and equipment. B. Funding UMTA $5,000 City of Lubbock 11250 Total $6,250 (5% of project budget) 11. Computer Training A. During the period of this Technical Study project, Citibus will,install a system -wide computer network. In order for Citibus management staff to use the network in the most efficient way possible, on-site.training for all staff members will be conducted. This training will enable staff to better utilize computerized information in all aspects of planning, reporting, and data gathering. B. Funding 14 .a Unified Planning Work Program Page 8 UMTA $5,000 City of Lubbock 1,250 Total - $5,250 (5n of project budget) 12. Training and Professional Development A. This program will allow Citibus' management staff and operations and maintenance personnel to attend seminars, schools, training sessions, and conferences -to further their education and professional development. B. Funding UMTA $3,000 City of Lubbock 750 Total $3,750 (3% of project budget) Project Financing Of the total project cost of $125,000, the Federal portion will be $100,000; the City of Lubbock will contribute the remaining $25,000. TOTAL FUNDING UMTA (Section 9) $ 100,000 City of Lubbock 25.000 Total Project $ 125,000 a 15 TASK 401.21 Travel Authorized by MPO Proposed Work Occasionally it is necessary or desirable that members of the Steering Committee, Study,Office, or personnel selected by this committee travel on transportation related duties. This task is included -in the Unified Work Program to provide funds to cover authorized travel expenses. Scope and Methodology Specifically approved.travel of persons to seminars, workshops, or other transportation related functions will be authorized by the Steering Committee,.acting as MPO, with concurrence of the District Engineer. Responsible Agency Metropolitan Planning Organization Funding, Sources FHWA Section 112 Funds $ 4,000 State Department of Highways and Public Transportation 100 Total $ 4,100 16 r A TASK 701.31 Land Use Program Update Objective To provide land use data for projecting traffic volumes, the Lubbock Urbanized Area is divided into Serial Zones. The Lubbock Land Use Computer.Program has a serial zone detail for each parcel of land in Lubbock. Computer information regarding land use, ownership or platted status changes on the existing 70,000 plus parcels each year. Continual update is approximately 20% of total parcels each year. Continual update is required for accuracy and completeness of the land use data, as well -as the addition of information for newly developed and/or annexed areas. The task will provide personnel to continue addition of the parcel records and validation of existing data for the Program, which will ensure quality computer aided aggregation of land use data available for future serial zone analysis. Develop a base year 1990 serial zone and system map. Develop a base year zonal inventory of population and employment. Develop zonal "area types" based on population/employment per acre densities. Identify "special" traffic generators and acquire appropriate travel data. Methodology In conjunction with the Lubbock Tax Appraisal District, the Planning Department maintains land use information of each parcel of land in. Lubbock. Department and "Section 112" personnel will continue to verify existing information, revise base maps, enter serial zone and land use data to new parcels, and continue accounting for acreages of right-of-way within the City. Contribution of city resources to update the Land Use Program exceeds two to three times the amount requested under Section 112 funds. Previous Work In Fiscal Year 83/84 and 84/85 the original assignment of serial zone numbers to the existing parcels was completed under Tasks 701.23 and 701.24— Fiscal year 1985 and 1986 saw major expansion of the City Limits and the assignment of more serial zone numbers and land use information. There were also a significant number of changes in land uses that had to be reflected in the maps and/or the Land Use Program. In Fiscal Year 1986 an update to the Transportation Plan was undertaken and the land use data was transmitted to the Austin computer for new traffic projections. Since the update of the land use file and the assurance of its availability is imperative to a successful program and assures success for the District Five responsibility for reporting land use by Serial Zone for Transportation Plan Updates. 17 The continuing ability to produce machine generated land use data by'serial zone for the forecast Transportation Plan for Lubbock. Responsibility The completion of the Task is the responsibility of the City of Lubbock Planning Department. Funding Sources FFiWA Section 112 Funds.. $ 48,.000 City of Lubbock 20,000 68,000 A � • FY 1991 AGENCY FUNDING SUMMARY FHWA STATE CITY TOTAL TOTAL SECTION FEDERAL STATE TASK 112 FUNDS' 'FUNDS UMTA FUNDS & LOC TOTAL 101.21 $ 10,000 $ 100 $ $ $ 10,000 $ 100 10,100 101.31 8,000.+ 100 8,000 100 81100 202.21 5,450 100 500 5,450 600 6,050 301.21 0 25,000 100,000 100,000 25,000 125,000 401.21 4,000 100 4,000 100 41100 701.31 48,000 0 20,000 48,000 20,000 68,000 ------------------------------------------------------------------ TOTAL $ $45,500 $100,000 $175,450 $45,900$221,350 75,450 $ 400 11 19 SUMMARY OF FHWA SECTION 112 FUNDS FY 1991 (October 1, 1990 -- September 30, 1991) Proposed Agency Participation TASK MPO CITY SDH&PT TOTAL 101.21 Management & $ $ $ 10,000 $ 10,000 Coordination 101.31 Continued Plan- 81000 8,000 ning or the .Lubbock Urban Transportation Study 202.21 CBD Parking Study 5,450 5,450 301.21 Transit Study 401.21 Travel Auth- 4,000 4,000 orized by MPO 701.31 Land Use Plan 48,000 48,000 Update--------------------------- ---------- ----- Total $ 4,000 $ 53,450 $18,000 $ 75,450 20 a EXHIBIT B Summary of Section 112 funding to be received by the City of Lubbock for performing listed tasks during FY 1991 (October 1, 1990 - September 30, 1991). Task No. Task Description 112 Funds 101.21 Management & Coordination 10,000 101.31 Continued Planning or the Lubbock Urban 8,000 Transportation Study 202.21- CBD Parking Study (carry over) 5,450 301.21 Transit Study 100,000* 401.21 Travel Authorized by MPO 4,000 701.31 Land Use Plan Update 48,000 Total $175,450 *UMTA Section 9