HomeMy WebLinkAboutResolution - 6297 - Contract - TXDOT - Replacement Buses - 05_13_1999Resolution No. 6297
Item No. 20
May 13, 1999
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 for the
purchase of replacement buses, by and between the City of Lubbock and Texas
Department of Transportation (TxDOT), and related documents. Said contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 13rh day of May , 1999.
WINDY SITVA, MAYOR
ATT ST:
Kayyh�ell
Cityy
APPROVED AS TO CONTENT:
Mildred Cox
Director of Transportation
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
rkb/ ccdocsi' 1999replaccmentbus.res
May 3,1999
Resolution No . 6297
Item No. 20
May 13, 1999
RECIPIENT: The City of Lubbock
SERVICE AREA:The City of Lubbock
PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT
GRANT AGREEMENT NO. 51905F2004
STATE PROJECT NO. VCR 9902( 05)
STATE URBAN PUBLIC TRANSPORTATION
GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS §
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and The City of Lubbock,
hereinafter called the "RECIPIENT."
WITNESSETH
WHEREAS, the Governor of the State of Texas has designated the Texas Department of
Transportation (State) to administer a statewide Public Transportation Grant Program, and to
provide state funds to match federal funds; and,
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in
procuring aid for the purpose of establishing and maintaining public and mass transportation
projects and to administer funds appropriated for public transportation under Transportation
Code, Chapter 456; and,
WHEREAS, the Recipient has submitted an application for financial assistance for a urban
public transportation project generally including training, technical assistance, research, or
support services related to public transportation in urbanized areas, and the State approved the
application, and,
WHEREAS, the State has authorized and the Recipient has agreed to purchase the following
under this grant agreement: 6 - 35' vehicle(s).
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter
set forth, the State and the Recipient hereto agree as follows.
AGREEMENT
ARTICLE 1. GRANT PERIOD
This Grant Agreement becomes effective on May 1, 1999 or when executed by the State's
District Engineer, whichever is later, and shall terminate on August 31, 2000 unless terminated
or otherwise modified as hereinafter provided.
ARTICLE 2. PROJECT DESCRIPTION
A. The Recipient shall commence, carry out and complete a public transportation project
described in Attachment A, Approved Project Description, with all practicable dispatch, in a
sound, economical and efficient manner in accordance with the provisions of Attachment A,
Approved Project Description, this grant agreement, federal and state law, and federal and
state regulations as hereinafter referenced.
B. The Recipient's Invitation for Bid (IFB) for the purchase of the vehicle(s) is as referenced in
Attachment A, Approved Project Description. The Recipient shall be responsible for
publicly opening all bids. The date of the issuance for the purchase order is as referenced in
Attachment A, Approved Project Description.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this Grant Agreement without modification is
$1,000,000.00 provided that expenditures are made in accordance with the amounts and for
the purposes authorized in Attachment B, Estimated Project Budget.
B. The State's reimbursement to the Recipient is contingent upon the availability of
appropriated funds. The State shall have no liability for any claim submitted by the
Recipient or its subcontractors, vendors, manufacturers or suppliers if sufficient state or
federal funds are not available to pay the Recipient's claims.
C. To be eligible for reimbursement under this Grant Agreement, a cost must be incurred
within the Grant Agreement period specified in Article 1, Grant Period, and be authorized
in Attachment B, Estimated Project Budget.
D. Reimbursement of costs incurred under this Grant Agreement is further governed by cost
principles outlined in applicable Federal Office of Management and Budget (OMB)
publications as follows:
OMB Circular A-21, Cost Principles for Educational Institutions
OMB Circular A-87, Cost Principles for State and Local Governments
OMB Circular A-122, Cost Principles for Nonprofit Organizations
E. Costs claimed by the Recipient shall be actual net costs, that is, the price paid minus any
refunds, rebates or other items of value received by the Recipient that have the effect of
reducing the cost actually incurred.
F. The Recipient may submit requests for reimbursement to the State no later than thirty days
after the date on which vehicles are delivered. The Recipient will use invoice statements
acceptable to the State. Additional documentation to support any cost 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.
G. The original and one copy of the invoice is to be submitted to the following address:
Carl Utley, P.E.
District Engineer
Texas Department of Transportation
P.O. Box 771
Lubbock, Texas 79408-0771
H. The State will make payment within thirty (30) days of the receipt of properly prepared
requests for reimbursement.
I. The Recipient will submit a final billing within forty-five (45) days of the completion or
termination of the Grant Agreement in accordance with Article 1, Grant Period.
J. The Recipient shall make payments promptly to all subcontractors and suppliers. Failure to do
so will be grounds for termination of this Grant Agreement by the State. The State shall not be
responsible for the debts of the Recipient.
ARTICLE 4. AMENDMENTS
Except as noted below, changes in the scope, objectives, cost or duration of the project
authorized herein shall be enacted by written amendment approved by the parties hereto before
additional work may be performed or additional costs incurred. Any amendment so approved
must be executed by both parties within the grant period specified in Article 1, Grant Period.
The Recipient is authorized to re -budget without a formal amendment when the proposed
revision involves an increase in one category and a corresponding decrease in another, provided
however, that any such revision meets all of the following criteria:
1. Does not result in the need for additional funds; and,
2. Does not exceed ten percent of the current total approved budget and the federal and state
funding exceeds $100,000; and,
Does not involve a transfer of funds from an authorized capital equipment purchase to
another category; and
4. Does not involve a transfer of funds from training to another expense category; and
5. Does not involve a transfer of funds from construction to a non -construction category;
6. Does not involve a transfer of funds from a direct to indirect cost category.
If a proposed revision meets all of the criteria listed above, the Recipient must notify the State in
writing before the revision is made, describing the revision, explaining the need, and certifying
that it complies with the above criteria.
ARTICLE 5. SUBCONTRACTS
The Recipient shall not enter into any subcontract with individuals or organizations to provide
professional services without prior authorization and consent to the subcontract by the State.
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Subcontracts in excess of $25,000 shall contain all required provisions of this Grant Agreement.
No subcontract will relieve the Recipient of its responsibility under this Grant Agreement.
The Recipient shall not enter into any agreement for the purchase of equipment without prior
authorization and consent to the purchase agreement by the State.
ARTICLE 6. RETENTION OF RECORDS
A. The Recipient agrees to maintain all documents, reports, papers, accounting records, and
other evidence pertaining to costs incurred under this agreement (the Records) at its office during
the grant period and for four years from the date of final payment under the grant. Such records
shall be made available during the specified period for inspection by the State, the U.S.
Department of Transportation, the Office of the Inspector General, and any of their authorized
representatives for the purpose of making audits, examinations, excerpts, and transcriptions.
Records for nonexpendable property acquired with Federal or State funds shall be retained for
four years after final disposition of the property.
B. If any litigation, claim or audit is started before the expiration of the four year retention
period, the Records shall be retained until all litigation, claim or audit finding involving the
Records have been resolved.
C. When records are transferred to or maintained by the federal or state sponsoring agency, the
four year retention requirement is not applicable to the Recipient.
D. The Recipient further agrees to include these provisions in each subcontract.
ARTICLE 7. SINGLE AUDIT REQUIREMENTS
Recipient audit procedures shall meet or exceed the single audit requirements outlined in Office
of Management and Budget (OMB) publications as follows:
Audits of State and Local Government OMB Circular A-128
Audits of Institutions of Higher Education and
other Nonprofit Institutions
OMB Circular A-133
ARTICLE 8. FINANCIAL MANAGEMENT SYSTEM
The Recipient'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 Part 18.20). 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 and Federal reporting requirements.
B. Records which adequately identify 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.
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ARTICLE S. FINANCIAL MANAGEMENT SYSTEM (cont.)
C. Effective control over and accountability for all funds, property and other assets. The
Recipient shall adequately safeguard all such assets and shall assure that they are used solely for
authorized purposes.
D. Comparison of actual with budgeted amounts for each Grant Agreement, and relation of
financial information to performance or productivity data, including the production of unit cost
information, 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 9. PROCUREMENT STANDARDS
Recipient procurement standards shall meet or exceed the requirements of the "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments" (49 CFR Part 18.36), including standards for competitive procurements; methods
of procurement; contracting with small and minority firms, women's business enterprise and
labor surplus area firms; contract cost and price; awarding agency review; insurance and
bonding.
The Recipient's procurement system must include but not be limited to the following
procurement standards.
A. Procurement procedures which reflect applicable state and local laws and regulations,
provided that the procurements conform to applicable federal law and the standards identified in
this section.
B. A contract administration system which ensures that subcontractors perform in accordance
with the terms, conditions, and specifications of their contracts or purchase orders.
C. A written code of standards of conduct governing the perfonnance of employees engaged in
the award and administration of contracts. No employee, officer, or agency of the Recipient shall
participate in selection or in the award or administration of a contract supported by state or
federal funds if a conflict of interest, real or apparent, would be involved.
D. A process for review of proposed procurements to avoid purchase of unnecessary or
duplicative items.
E. Use of state and local intergovernmental agreements for procurement or use of common goods
and services to foster greater economy and efficiency.
F. Use of value engineering clauses in contracts for construction projects.
G. Awards made only to responsible contractors possessing the ability to perform successfully
under the terms and conditions of a proposed procurement, giving consideration to such matters
as Recipient integrity, compliance with public policy, record of past performance, and financial
and technical resources.
ARTICLE 9. PROCUREMENT STANDARDS (coat.)
H. Records sufficient to detail the significant history of a procurement, including rationale for the
method of procurement, selection of contract type, Recipient selection or rejection, and the basis
for the contract price,
I. Limited use of time -and -materials contracts.
J. Use of good administrative practice and sound business judgment to settle contractual and
administrative issues arising out of procurements.
K. Protest procedures to handle and resolve disputes relating to procurements and prompt
disclosure to the State of information regarding the protest.
L. Procurement transactions conducted in a manner that provides full and open competition.
ARTICLE 10. REAL PROPERTY MANAGEMENT
The Recipient will comply with management standards set forth in the "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments" (49
CFR Part 18.3 l) in the acquisition, use, and disposition of real property acquired under the
grant. The State must concur in the award of all purchase orders for nonexpendable personal
property as defined in 49 CFR Part 18.31.
ARTICLE 11. EQUIPMENT MANAGEMENT
A. The Recipient will comply with State management standards and with management standards
specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" (49 CFR Part 18.32) in the control, use, and disposition of
equipment acquired under this grant. Management standards include:
Maintain equipment records that include a description of the equipment; a serial number
or other identification number; the source of equipment; who holds title; the acquisition
date and cost of the equipment; percentage of federal and state participation in the cost of
the equipment; the location, use and condition of the equipment; maintenance history for
each vehicle; and ultimate disposition data including the date of disposal and sale price.
2. Conduct a physical inventory of the equipment at least once every two years and
reconcile the inventory with equipment records described in the preceding paragraph.
3. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft
of the equipment. Any loss, damage, or theft shall be investigated.
4. Develop and follow procedures to keep the equipment maintained and in good condition.
At a minimum, the Recipient shall follow the vehicle maintenance schedule
recommended by the manufacturer, showing the date the maintenance was performed.
Maintenance records shall be provided to the State upon request.
5. Request disposition instructions from the State, and if authorized to sell the equipment,
use proper sales procedures to insure the highest possible return.
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ARTICLE 11. EQUIPMENT MANAGEMENT (cont.)
B. The Recipient will comply with Title 43, Texas Administrative Cade, §31.53, to protect the
public investment in real property and equipment purchased in whole or in part with state or
federal funds.
C. In the event that project equipment is not used in the proper manner or is withdrawn from
public transportation services, the Recipient shall immediately notify the State. The State
reserves the right to direct the sale or transfer of property acquired under this Grant Agreement
upon determination by the State that said property has not been fully or properly used.
D. When original or replacement equipment acquired under a grant is no longer needed for the
original project or program or for other activities currently or previously supported by a federal
or state agency, the Recipient shall contact the State to request authority to dispose of the
equipment, and the State shall issue disposition instructions in accordance with 49 CFR 18.32.
E. All vehicles purchased under this Grant Agreement shall comply with the Motor Vehicle
Safety Standards established by the U.S. Department of Transportation.
F. All vehicles purchased under this Grant Agreement shall comply with all federal motor
vehicle anti -pollution requirements.
G. All vehicles purchased under this Grant Agreement shall comply with the bus testing
requirements set forth at 49 USC 5323(c) and 49 CFR 665.
H. The Recipient shall not execute any lease, pledge, mortgage, lien or other contract touching or
affecting the Federal or State interest in any project facility or equipment; nor shall the Recipient
by any act or omission of any kind adversely affect the Federal or State interest or impair its
continuing control over the use of project facilities or equipment.
I. The Recipient shall comply with requirements set forth at 49 USC 5323(1) and 49 CFR 663
regarding pre -award and post -delivery audit requirements.
ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS
The Recipient shall maintain at least the minimum insurance coverage on all vehicles and other
non -expendable personal property as required by the insurance regulations of the State of Texas.
ARTICLE 13. BUY AMERICA
The Recipient agrees to comply with applicable Buy America requirements set forth in 49 U.S.C.
53230) and 49 CFR Part 661.
ARTICLE 14. CARGO PREFERENCE
The Recipient will comply with the cargo preference requirements set forth in 46 U.S.C. 1241
and Maritime Administration regulations set forth in 46 CFR Part 381.
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ARTICLE 15. COORDINATION
The Recipient will at all times coordinate the provision of public transportation services with
other transportation operators, both public and private, in the area. The Recipient will furnish the
State copies of any agreement resulting from such coordination. Agreements which authorize the
payment of project funds to another entity are subject to the approval requirements described in
Article 5, Subcontracts.
ARTICLE 16. LABOR PROTECTION PROVISIONS
A. The Recipient 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 49 U.S.C. 5333(b). The Recipient shall maintain documentation of compliance
efforts in accordance with retention and accessibility requirements set forth in Article 6,
Retention of Records.
B. The Recipient agrees to the comply with applicable transit employee protective requirements
as required under the Transit Employee Protective Agreements as set forth under 49
U.S.C.§5310, §5311, and §5333 and 29 CFR Part 215.
C. If applicable, the Subrecipient shall comply with the labor protection provision attached
hereto and labeled Attachment D, Labor Protection.
ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS
A. Neither the Recipient nor any subcontractor acting on its behalf shall engage in charter bus
operations outside of the geographic area within which it provides regularly scheduled public
transportation service, except as provided under 49 CFR Part 604.9, and regulations pertaining to
Charter Service Operations set forth at 49 U.S.C. 5323(d) and 49 CFR Part 604.
The Recipient shall furnish a copy of any agreement entered into under these regulations to the
State no later than seven working days after the agreement is signed.
B. Neither the Recipient nor any subcontractor acting on its behalf shall 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 49 U.S.C. 5323(f) and 49 CFR Part 605.
The Recipient shall furnish any agreement entered into under these regulations to the State no
later than seven working days after the agreement is signed.
ARTICLE 18. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using
appropriate and necessary inspections, including but not limited to periodic reports, physical
inspection of project facilities, telephone conversations, letters, and conferences
B. The State shall monitor and conduct fiscal and/or program audits of the Recipient and its
contractors to verify the extent of services provided under the terms of the Grant Agreement.
Representatives of the State or Federal government shall have access to project facilities and
records at all reasonable times.
C. The State and the U.S. Department of Transportation, and any authorized representative
thereof, have the right at all reasonable times to inspect or otherwise evaluate the progress of the
grant hereunder and the project premises.
D. If any inspection or evaluation is made on the premises of the Recipient or a subcontractor,
the Recipient shall provide and require the 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
project.
ARTICLE 19. REPORTS
A. The Recipient shall submit written or electronic reports at intervals and in a forniat prescribed
by the State.
1. Quarterly Operating Report - No later than 15 working days after the end of the
quarter for which the report is made, the Recipient shall submit an activity report to the
State. At a minimum, the quarterly operating report will include the number of vehicles in
operation, total one-way passenger trips; total miles traveled; total expenses, including
administrative and operating expenses; revenue, including fares and donations, operating
cost per vehicle mile; operating cost per passenger trip; and number of passengers per
mile traveled. The State may require more frequent operating reports for reasons of its
own, or if the Recipient does not provide the reports in a timely manner or if the reports
indicate unfavorable trends.
2. Status of Procurements - If the grant includes the purchase of vehicles or other capital
equipment, the Recipient shall submit a quarterly report consisting of a brief narrative
including but not limited to procurement milestones, including date of purchase order,
vendor name and location, and estimated delivery date.
3. Status of Construction - If the grant includes construction, the Recipient shall submit
quarterly narrative reports which include but are not limited to the progress of
construction.
B. Regardless of the type of assistance included in the grant, the Recipient shall promptly advise
the State in writing if at any time the progress of the project will be negatively or positively
impacted, including-
C. Problems, delays or adverse conditions that will materially affect the Recipient's 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, by the Recipient and any State
assistance needed to resolve the situation.
ARTICLE 19. REPORTS (cont.)
D. Favorable developments or events that will enable the Recipient to meet time schedules and
goals sooner than anticipated or produce more work units than originally projected. E. Every two
years, or more frequently when instructed by the State, the Recipient shall conduct a physical
inventory of grant -supported property as set forth in Article 11, Equipment Management, and
furnish the State a copy of the inventory
F. The Recipient shall develop performance goals and management objectives in accordance
with Title 43, Texas Administrative Code, §31.36.
G. The Recipient shall maintain written maintenance records for each grant -supported vehicle,
and shall make such records available to the State upon request. As a minimum, the Recipient
shall comply with the manufacturer's recommended maintenance schedule.
ARTICLE 20. DISPUTES AND REMEDIES
A. The Recipient shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements entered in support of the grant.
B. Any dispute concerning the work hereunder, additional costs, or any other non -procurement
issue shall be settled in accordance with Title 43, Tess Administrative Code, §9.2.
C. 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 21. TERMINATION
A. The State may terminate this Grant Agreement at any time before the date of completion
whenever it is determined that the Recipient has failed to comply with the conditions of the
Grant Agreement. The State shall give written notice to the Recipient at least thirty days prior to
the effective date of termination and specify the effective date of termination, the reason for the
termination, and other termination instructions.
B. If both parties to this Grant Agreement agree that the continuation of the grant 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 grant is warranted, a new Grant Agreement must be developed and
executed by both parties.
C. Either the State or the Recipient may terminate this agreement by giving notice in writing one
to the other for reasons of its own and not subject to the approval of the other party. In the event
of termination for convenience, neither the State nor the Recipient shall be subject to additional
liability except as otherwise provided in this agreement.
D. Upon termination of this Grant Agreement, whether for cause or at the convenience of the
parties hereto, title to all property and equipment remains with the Recipient subject to the
obligations and conditions set forth in this Grant Agreement and 49 CFR 18.31 and 18.32,
unless the state or federal funding agency issue disposition instructions to the contrary.
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ARTICLE 21. TERMINATION (cont.)
E. In the event of termination, the State may compensate the Recipient for those eligible
expenses incurred during the grant period which are directly attributable to the completed portion
of the grant covered by this Grant Agreement, provided that the grant has been completed in
accordance with the terms of the Grant Agreement. The Recipient shall not incur new obligations
for the terminated portion after the effective date of termination.
F. Except with respect to defaults of subcontractors, the Recipient shall not be in default by
reason of any failure in performance of this Grant Agreement in accordance with its terms
(including any failure by the Recipient 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
Recipient. Such causes may include but are not limited to acts of God or of the public enemy,
acts of the Government in either its sovereign or contractual capacity, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
In every case, however, the failure to perform must be beyond the control and without the
fault or negligence of the Recipient.
ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Recipient agrees that no otherwise qualified person with disability(s) shall, solely by reason
of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be
subject to discrimination under the project. The Recipient shall insure that all fixed facility
construction or alteration and all new equipment included in the project comply with applicable
regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with
Disabilities Act.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS
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 Grant Agreement as follows:
The Recipient and any subcontractor 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 Recipient 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 contracts.
2. The Recipient 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.
3. These requirements shall be physically included in any subcontract.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS (coat.)
The percentage goal for Disadvantaged Business Enterprise participation in the activities to be
performed under this Grant Agreement is a minimum of 15% of the Grant Agreement dollars
available for contracting opportunities as set forth in 49 CFR Part 23 and amended by Section
106(c) of the Surface Transportation Assistance Act of 1987.
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 Grant Agreement by the State
or other such remedy as the State deems appropriate.
ARTICLE 24. EQUAL EMPLOYMENT OPPORTUNITY
The Recipient 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 60.
ARTICLE 25. AFFIRMATIVE ACTION
The Recipient 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.
ARTICLE 26. CLEAN AIR AND WATER
If the Grant Agreement exceeds $100,000, the Recipient will comply with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7401
et. seq.); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; and
Environmental Protection Agency regulations (40 CFR, Part 15). The Recipient further agrees to
report violations to the State.
ARTICLE 27. ENERGY EFFICIENCY
The Recipient will recognize standards and policies relating to energy efficiency which may be
contained in a State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 28. SUBSTANCE ABUSE
A. The Recipient agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its
compliance with Parts 653 and 654, and permit any authorized representative of the U. S.
Department of Transportation or the State to inspect the facilities, testing process, and records
associated with the implementation of the drug and alcohol testing program as required under 49
CFR Parts 653 and 654.
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B. The Recipient will certify compliance with 49 CFR Parts 653 and 654 on or before September
1 of each year.
C. The Recipient will submit a copy of the required Management Information System (MIS)
reports on or before March 15 each year.
ARTICLE 29. FEDERAL PRIVACY ACT
A. The Recipient will comply with and assures the compliance of its employees with the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC
§552a. The Recipient will not operate a system of records on behalf of the federal government
without the express consent of the State and Federal Government . The Recipient understands
that the requirements of the Privacy Act, including the civil and criminal penalties for violation
of that Act, apply to those individuals involved, and that failure to comply with the terms of the
Privacy Act may result in termination of the underlying Grant Agreement.
B. The Recipient also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the federal government financed in whole or in part with federal
assistance provided by FTA.
ARTICLE 30. PROHIBITED ACTIVITIES
A. Neither the Recipient nor any subcontractor shall use federal or state assistance funds for
publicity or propaganda purposes designed to support or defeat legislation pending before
Congress or the Texas Legislature.
B. No member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Grant Agreement or to any benefit arising therefrom.
C. No member, officer or employee of the Recipient during his tenure or one year thereafter shall
have any interest, direct or indirect, in this Grant Agreement or the proceeds thereof.
D. Texas Transportation Commission policy mandates that employees of the Texas Department
of Transportation (TxDOT) 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 Grant
Agreement. The only exceptions allowed are ordinary business lunches and items that have
received the advanced written approval of TxDOT's Executive Director. Any persons doing
business with or who may reasonably speaking do business with the State under this Grant
Agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as
mentioned here above. Failure on the part of the Recipient to adhere to this policy may result in
the termination of this Grant Agreement
E. The Recipient will comply with Texas Government Code, Chapter 573, by insuring that no
officer, employee or member of the Recipient's governing board or of the Recipient's contractors
or subcontractors shall vote or confirm the employment of any person related within the second
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, governing body
member related to such person in the prohibited degree.
13
ARTICLE 31. PUBLIC INFORMATION
The Recipient will insure that all information collected, assembled or maintained by the
applicant relative to this project shall be available to the public during normal business hours in
compliance with Texas Government Code, Chapter 552 unless otherwise expressly provided by
law.
ARTICLE 32. OPEN MEETINGS
The Recipient will comply with Texas Government Code, Chapter 551, 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.
ARTICLE 33. INDEMNIFICATION
A. To the extent possible by law, the Recipient shall indemnify and save harmless the State from
all claims and liability due to activities of its agents, employees or volunteers performed under
this agreement and which result from an error, omission or negligent act of the Recipient or of
any person employed by the Recipient.
B. To the extent possible by law, the Recipient shall also save harmless the State from any and
all expenses, including attorney fees, which might be incurred by the State in litigation or
otherwise resisting said claim or liabilities which might be imposed on the State as a result of
activities by the Recipient, its agents, employees or volunteers.
C. To the extent possible by law, the Recipient agrees to protect, indemnify, and save harmless
the State from and against all claims, demands and causes of action of every kind and character
brought by any volunteer or employee of the Recipient against the State due to personal injuries
and/or death to such employee resulting from any alleged negligent act, by either commission or
omission on the part of the Recipient.
D. The Recipient acknowledges that it is not an agent, servant or employee of the State and that it
is responsible for its own acts and deeds and for those of its agents, employees or volunteers
during the performance of the Grant Agreement.
ARTICLE 34. INTELLECTUAL PROPERTY RIGHTS
If any invention, improvement or discovery of the Recipient or any of its subcontractors is
conceived or first actually reduced to practice in the course of or under this grant, 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, the Recipient shall immediately notify the State and
provide a detailed report. The rights and responsibilities of the State, the Recipient, any
subcontractor and the United States Government with respect to such invention will be
determined in accordance with applicable laws, regulations, policies and any waivers thereof.
Further, the Recipient shall comply with the provisions of 41 CFR, Part 1-9. The State and the
U.S. 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.
14
ARTICLE 35. COMPLIANCE WITH LAWS
The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this grant, including without limitation workers'
compensation laws, minimum and maximum salary and wage statutes and regulations,
nondiscrimination laws and regulations, and licensing laws and regulations. When required, the
Recipient shall furnish the State with satisfactory proof of compliance therewith
ARTICLE 36. NONCOLLUSION
The Recipient warrants that it has not employed or retained any company or person, other than a
bona fide employee working for the firm, to solicit or secure this grant, 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 grant. If the Recipient breaches or violates this warranty, the State shall
have the right to annul this agreement without liability or, in its discretion, to deduct from the
grant price or consideration, or otherwise recover, the full amount of such fee, commission,
brokerage fee, gift, or contingent fee.
ARTICLE 37. RESTRICTIONS ON LOBBYING
Pursuant to Section 31 U.S.C. 1352, 49 CFR Part 19 and 49 CFR Part 20, Contractors who apply
or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20
which generally prohibits Recipients of federal funds from using those monies for lobbying
purposes. When applicable, the Recipient will furnish the State the required certification.
ARTICLE 38. SUSPENSION AND DEBARMENT
The terms of the Department of Transportation regulation, "Suspension and Debarment of
Participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and
implemented by 49 CFR Part 29, are applicable to this Grant Agreement. Furthermore, any
Recipient employed by the Recipient is also bound by the terms of 49 CFR Part 29 and must
complete a Lower Tier Participant Debarment Certification. The Recipient warrants that the
debarment certification furnished as part of the application is current and valid.
ARTICLE 39. NONDISCRIMINATION
The Recipient shall comply with the nondiscrimination provision attached hereto and labeled
Attachment C, Nondiscrimination.
ARTICLE 40. DELINQUENT TAX CERTIFICATION
Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits
the State from awarding a contract to a corporation that is delinquent in paying taxes under
Chapter 171, Tax Code, the Recipient hereby certifies that it is not delinquent in its
15
Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false
statement concerning the Recipient's franchise tax status shall constitute grounds for cancellation
of the Grant Agreement at the sole option of the State.
ARTICLE 41. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or equipment,
the Recipient shall retain program income and apply such income to allowable capital or
operating expenses. Program income from royalties and proceeds from sale of real property or
equipment shall be handled as specified in 49 CFR 18.34 (Copyrights), 49 CFR 18.31 (Real
Property) and 49 CFR 18.32 (Equipment).
B. The Recipient shall comply with standards governing the receipt and application of program
income as set forth in 49 CFR 18.25, Program Income. Program income means gross income
received by the Recipient directly generated by a grant supported activity, or earned only as a
result of this Grant Agreement during the time period specified in Article 1, Grant Period.
C. Program income includes income from fees for services performed, from the use or rental of
real or personal property acquired with grant funds, from the sale of commodities or items
fabricated under a Grant Agreement, and from payments of principal and interest on loans made
with grant funds. Except as otherwise provided in federal regulations, program income does not
include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these
receipts.
ARTICLE 42. SUCCESSORS AND ASSIGNS
The Recipient binds himself, his successors, assigns, executors and administrators in respect to
all covenants of this agreement. The Recipient shall not sign, sublet or transfer his interest in this
agreement without the written consent of the State.
ARTICLE 43. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 44. CHANGES IN FEDERAL REGULATIONS
As a Recipient of federal funds, the Recipient is required to comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those lasted directly
or by reference in the agreement (Form FTA MA (2) dated October, 1995) between Purchaser
and FTA, as they may be amended or promulgated from time to time during the term of this
Grant Agreement. Recipient's failure to so comply shall constitute a material breach of this Grant
Agreement.
16
ARTICLE 45. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings or written or oral agreements between the parties respecting the public
transportation grant specifically authorized and funded under this agreement.
ARTICLE 46. INCORPORATION OF FEDERAL REQUIREMENTS
This Grant Agreement includes terms and conditions required by the U.S. Department of
Transportation. All contractual provisions required by the U.S. Department of Transportation, as
set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference.
Notwithstanding anything herein to the contrary and except as provided in State law, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement.
The Recipient shall not perform any act, fail to perform any act, or refuse to comply with any
State request which would cause the State to be in violation of federal terms and conditions or
state law.
ARTICLE 47. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR
A. Work Hours and Safety Standards
The Recipient agrees to comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. Part 327-330) as supplemented by Department of Labor
regulations (29 CFR, Part 5).
B. Copeland "Anti -Kickback" Act
The Recipient agrees to comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR, Part 3).
C. Davis -Bacon Act
The Recipient agrees to comply with the provisions of the Davis -Bacon Act (40 U.S.C. 276a-
2.76a-5) as supplemented by Department of Labor regulations (29 CFR, Part 5).
D. Relocation and Land Acquisition
The terms of the U.S. Department of Transportation regulations "Uniform Relocation and Real
Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are
applicable to this Grant Agreement.
E. Insurance and Bonding
The Recipient shall comply with insurance and bonding requirements as established in 49 CFR
Part 18.
F. Signs
The Recipient shall cause to be erected at the site of construction, and maintained during
construction, signs satisfactory to the State and the U. S. Department of Transportation
17
identifying the project and indicating that the Government is participating in the
development of the project.
G. Seismic Safety
The Recipient agrees that any new building or addition to an existing building will be
designed and constructed in accordance with the standards for Seismic Safety required
in U.S. Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and
will certify to compliance to the extent required by the regulation. The Recipient also
agrees to ensure that all work performed under this Grant Agreement including work
performed by a subcontractor is in compliance with the standards required by the
Seismic Safety Regulations and the certification of compliance issued on the project.
ARTICLE 48. SIGNATORY WARRANTY
The undersigned signatory for the Recipient hereby represents and warrants the he/she
is an officer of the organization for which he/she has executed this agreement and that
he/she has full and complete authority to enter into this agreement on behalf of the
organization.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in duplicate counterparts.
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of activating and/ or carrying out the
orders, established policies, or work programs heretofore approved and authorized by the
Texas Transportation Commission under the authority of Minute Order(s) 107798.
State
DATE
APPROVED AS TO CONTENT:
Mildred Cox
Director of Transportation
RECIPIENT
CITY OF LUBBOCK
Windy Sittonayor
May 13, 1999
DATE
ATTEST:
KayAiejDarnell, City Secretary
19
APPROVED AS TO FORM:
illiam de Haas
Competition & Contracts Manager
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
Recipient: The City of Lubbock
Vehicle (s) to be Purchased: 6 35' Buses
Maximum Federal Funds: $1,000,000.00
Minimum Local Match: $250,000.00
Milestones:
Invitation for Bid (IFB) Issued: December 18,1998
Bid Opening Date: March 23,1999
Purchase Order Issued: May 13,1999
Request for Reimbursement Submitted to the Department: No later than 45 days after
receipt of vehicle(s).
BY.-� Date: 41 --wlcm
For: The City of Lubbock
20
ATTACHMENT B
VEHICLE CAPITAL REPLACEMENT GRANT AGREEMENT
Effective Date:
Project Completion Date:
Sub -recipient:
State contract Number:
State Project Number:
FTA Grant Number:
Category ALI Code 9M
Capital 11.12.02 6
Approved Project Budget
1-May-99
31-Aug-00
City of Lubbock DBA Citibus
51905F-2004
VCR 9902 (05)
TX-03-200
Description Total Fed % Federal Local
35' BUS $1,250,000 80% $1,000,000 $250,000
21
Maximum Reimbursable: $1,000,000
ATTACHMENT C - NONDISCRIMINATION
During the performance of this Grant agreement, the Recipient, for itself, its assignees and successors in
interest agrees as follows:
1, Compliance with Re?ulations: The Recipient shall comply with the regulations relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation (hereinafter
U.S. DOT) 49 CFR Part 21 and with 23 CFR Part 710.405(b), as they may be amended from time to time
(hereinafter referred to as the Regulation), which are herein incorporated by reference and made a part of
this grant agreement.
2. Nondiscrimination: The Recipient, with regard to the work performed by it during the grant
agreement, shall not discriminate on the grounds of race, color, sex, creed , age or national origin in the
selection and retention of subcontractors. including procurement of materials and leases of equipment.
The Recipient shall not participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the grant agreement covers a program set
forth in Appendix $ of the Regulation.
3. Solicitation for Subgrant agreements, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Recipient for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the Recipient of the Recipient's obligations under this grant
agreement and the Regulation relative to nondiscrimination on the grounds of race, color, sex, creed, age
or national origin.
4. Information and Reports: The Recipient shall provide all information and reports required by the
Regulation or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the State or the Federal Transit
Administration (FTA) to be pertinent to ascertain compliance with such Regulation, orders and
instructions. Where any information required of a Recipient is in the exclusive possession of another who
fails or refuses to furnish this information, the Recipient shall so certify to the State, or the Federal
Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of the Recipient's noncompliance with the
nondiscrimination provisions of this grant agreement, the State shall impose such sanctions as it or the
Federal Transit Administration may determine to be appropriate, including, but not limited to:
(a) Withholding of payments to the Recipient under the grant agreement until the Recipient complies;
and/or
(b) Cancellation, termination or suspension of the grant agreement, in whole or in part.
6. Incorporation of Provisions: The Recipient shall include the provisions of paragraphs (1) through (6)
in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
Regulation, or directives issued pursuant thereto. The Recipient shall take such action with respect to any
subcontract or procurement as the State or the Federal Transit Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a
Recipient becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the Recipient may request the State to enter into such litigation to protect the
interests of the State, and, in addition, the Recipient may request the United States Department of
Transportation to enter into such litigation to protect the interests of the United States.
22
Attachment D - Labor Protection
LANGUAGE FOR INCORPORATION INTO
THE CONTRACT OF ASSISTANCE
The Public Body, The City of Lubbock, agrees that the following terms and conditions shall apply for the protection
of employees in the mass passenger transportation industry in the area of the project:
1_ The project shall be carried out in such a manner and upon such terms and conditions as will not adversely
affect employees in the mass passenger transportation industry within the service area of the project.
2. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees
already retired) shall be preserved and continued.
3. The Public Body shall be financially responsible for any deprivation of employment or other worsening of
employment position as a result of the project.
4. In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of
employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can
become, qualified. In the event training is required by such employment or reemployment, the Public Body
shall provide or provide for such training or retraining at no cost to the employee.
5. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect
to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any
time during his or her employment as a result of the project, including any program of efficiencies or
economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and
benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section
405 (b) of the Rail Passenger Service Act of 1970 on April 16, 197I. An employee shall not be regarded as
deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her
resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase
"as a result of the project" as used herein shall include events occurring in anticipation of, during, and
subsequent to the project.
6. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the Public
Body, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to
determine substitute fair and equitable employee protective arrangements which shall be incorporated in these
conditions.
7. The Public Body agrees that any controversy respecting the project's effects upon employees, the interpretation
or application of these conditions and the disposition of any claim arising hereunder may be submitted by any
party to the dispute including the employees or their representative for determination by the Secretary of Labor,
whose decision shall be final.
S. The Public Body shall maintain and keep on file all relevant books and records in sufficient detail as to provide
the basic information necessary to the making of the decisions called for in the preceding paragraph.
9. The Public Body will post, in a prominent and accessible place, a notice stating that the Public Body is a
recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49
U.S.C., Section 5333 (b).
"The notice shall also specify the teens and conditions set forth herein for the protection of employees."
END OF CONTRACT
23
Resolution No. 6297
Item No. 20
May 13, 1999
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 for the
purchase of replacement buses, by and between the City of Lubbock and Texas
Department of Transportation (TxDOT), and related documents. Said contract is
attached hereto and incorporated in this resolution as if fully set forth herein and shall
be included in the minutes of the City Council.
Passed by the City Council this 13th day of May , 1999.
4 r
WINDY SIT A MAYOR
AT EST:
/I - W "j�L--
KaytUretary
Darnell
City
APPROVED AS TO CONTENT;
Mildred Cox
Director of Transportation
APPROVED AS TO FORM;
ItIA. 4 /40�
William de Haas
Competition and Contracts Manager/Attorney
rkbrccdocs/ 1999replacementbus.res
May 3,1999
No Text