HomeMy WebLinkAboutResolution - 2018-R0371 - Planning Agreement With Txdot And LMPO - 10/09/2018Resolution No. 2018-RO371
Item No. 6.16
October 9, 2018
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 Planning Agreement by and between the
City of Lubbock, the Texas Department of Transportation and the Lubbock Metropolitan
Planning Organization regarding the metropolitan planning process. Said Agreement 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 9th day of October , 2018.
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Daniel M. Pope, Mayor
ATTEST:
Re ecca Garza, City Secre ry
APPROVED AS TO CONTENT:
Jarrett 461kinson, City Manager
APPROVED AS TO FORM:
Amy Si eputy Ci y orney
/
(/
RES.CityTxDOT MPO Planning Agreement (9-27-I8)
Lubbock Metropolitan Planning Organization
Working Together *: «*, .- jmt i" citit 4 V-1
Resolution 2018-13
WHEREAS, 23 United States Code (USC) §134 and 49 U.S.C. §5303 require that
MPOs, in cooperation with the TxDOT and transit agencies, develop transportation
plans and programs for urbanized areas of the State, and
WHEREAS, 23 Code of Federal Regulations (CFR) 450.314 requires the MPO, State,
and public transportation operators within each metropolitan planning area to enter into
a written agreement to clearly identify the responsibilities of the parties in carrying out
the metropolitan planning process; and
WHEREAS, TxDOT participates in the Consolidated Planning Grant program in which
federal transit planning funds authorized under 49 U.S.C. §5303 are transferred to the
Federal Highway Administration, combined with additional federal funds, and distributed
to the state as a single distribution; and
WHEREAS, the federal share payable for authorized activities using the Consolidated
Planning grant funds is eighty percent (80%) of allowable costs; and
WHEREAS, Texas Transportation Code §221.003 authorizes the Department to expend
federal and state funds for improvements to the state highway system; and
WHEREAS, Texas Transportation Code §201.703 authorizes the Department to expend
federal funds and to provide state matching funds for allowable costs necessary for the
improvement of roads not in the state highway system; and
WHEREAS, this agreement outlines the requirements and responsibilities of the parties
for federal reimbursement using Consolidated Planning Grant funds and other federal
transportation funds that may be used for planning (e.g., Surface Transportation
Program, National Highway System, Congestion Mitigation and Air Quality, etc.); and
WHEREAS, the Governor of the State of Texas and the City of Lubbock have executed
an agreement pursuant to the MPO designation; and
WHEREAS, an area equal to or larger than the above -mentioned urbanized area has
been delineated in accordance with federal and state guidelines where required
metropolitan transportation planning activities may take place; and
WHEREAS, 23 Code of Federal Regulations (CFR) §420.117(a) requires that in
accordance with 49 C.F.R. §18.40, the Department shall monitor all activities performed
by its staff or by sub -recipients with Federal Highway Administration (FHWA) planning
and research funds to assure that the work is being managed and performed
satisfactorily and that time schedules are being met; and
NOW THEREFORE, BE IT RESOLVED BY THE TRANSPORTAITON POLICY
COMMITTEE OF THE LUBBOCK METROPOLITAN PLANNING ORGANIZATION:
Section 1: That, the Transportation Policy Committee of the LMPO approves the 2018
Texas Department of Transportation "Agreement with Metropolitan Planning
Organization" defining the duties and responsibilities of the Stakeholders regarding the
metropolitan planning process.
Passed and adopted by
l q./A Day of _
Transportation Policy Committee on this, the
2018.
Jeff Griffith, Chairperson
LMPO Transportation Policy Committee
ATTEST:
Tam Walker, MPO Secretary
APPROVED ASQ TO CONTENT:
4. IGt Qo-v,���
H. avid Jones,
Transportation Planning Director
APPROVED AS TO FORM:
Matth4w Wade
Attorney for the MPO
Contract
No.:
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#50-n1XF0005
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Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
AGREEMENT WITH METROPOLITAN PLANNING ORGANIZATION
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the "Department," the Lubbock Metropolitan Planning
Organization (MPO) Policy Committee, called the "MPO", which has been designated by the
Governor of the State of Texas as the MPO of the Lubbock Urbanized Area, and the City of
Lubbock, which serves as the Fiscal Agent for the MPO.
WITNESSETH
WHEREAS, 23 United States Code (USC) §134 and 49 USC §5303 require that MPOs, in
cooperation with the Department and transit agencies, develop transportation plans and
programs for urbanized areas of the State; and
WHEREAS, 23 Code of Federal Regulations (CFR) 450.314 requires the MPO, State, and
public transportation operators within each metropolitan planning area to enter into a written
agreement to clearly identify the responsibilities of the parties in carrying out the metropolitan
planning process; and
WHEREAS, 23 USC §104(d) authorizes Metropolitan Planning funds and 49 USC §5305
authorizes funds to be made available to MPOs designated by the Governor to support the
urban transportation planning process; and
WHEREAS, the Department participates in the Consolidated Planning Grant program in which
federal transit planning funds authorized under 49 USC §5305 are transferred to the Federal
Highway Administration, combined with additional federal funds, and distributed to the state as a
single distribution; and
WHEREAS, the federal share payable for authorized activities using the Consolidated Planning
Grant funds is eighty percent (80%) of allowable costs; and
WHEREAS, Texas Transportation Code §221.003 authorizes the Department to expend federal
and state funds for improvements to the state highway system; and
WHEREAS, Texas Transportation Code §201.703 authorizes the Department to expend federal
funds and to provide state matching funds for allowable costs necessary for the improvement of
roads not in the state highway system; and
WHEREAS, this agreement outlines the requirements and responsibilities of the parties for
federal reimbursement using Consolidated Planning Grant funds and other federal
transportation funds that may be used for planning (e.g., Surface Transportation Program,
National Highway System, Congestion Mitigation and Air Quality, etc.); and
TPP & MPO Agreement Page 1 of 18 Revised 5/21/18
Contract
No.:
#50-12XF0005
�-i qA r9-0 5
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
WHEREAS, the Governor of the State of Texas and the City of Lubbock have executed an
agreement pursuant to the MPO designation; and
WHEREAS, an area equal to or larger than the above -mentioned urbanized area has been
delineated in accordance with federal and state guidelines where required metropolitan
transportation planning activities may take place; and
WHEREAS, 23 Code of Federal Regulations (CFR) §420.117(a) requires that in accordance
with 49 CFR §18.40, the Department shall monitor all activities performed by its staff or by sub -
recipients with Federal Highway Administration (FHWA) planning and research funds to assure
that the work is being managed and performed satisfactorily and that time schedules are being
met; and
NOW THEREFORE, it is agreed as follows:
AGREEMENT
Article 1. Agreement Period
A. This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed. The Department shall not continue its obligation to the MPO
under this agreement if the Governor's designation of the MPO is withdrawn; if federal funds
cease to become available; or if the agreement is terminated as provided below.
B. This agreement expires on September 30, 2024. No fewer than one hundred and twenty
(120) days before the expiration date, the Department may, at its sole discretion, exercise in
writing an option to extend the agreement by a period of no more than two years. The
Department may exercise this option no more than two times. If all terms and conditions of
this agreement remain viable and no amendment to the existing agreement or new
agreement is required, a letter from the Department to the MPO shall constitute renewal of
this agreement subject to all terms and conditions specified in this agreement. However, an
amendment or a new agreement may be executed, if necessary.
Article 2. Responsibilities of the Department
The responsibilities of the Department are as follows:
A. Assist in the development of the Unified Planning Work Program (UPWP), approve the
format of work programs submitted by the MPO, and, where required by federal law or
regulation, monitor the MPO's performance of activities and expenditure of funds under a
UPWP. Where monitoring is not required, the Department is responsible for reviewing the
MPO's activities and expenditure of funds, and will comment on and make suggestions
relating to those activities and expenditures.
B. Develop a time line for development of the UPWP by the MPO; and in consultation with the
MPOs, shall develop a standard UPWP format to be used by all MPOs.
C. Make available to the MPO its share of all federal metropolitan planning funds and provide
the required non-federal match as authorized by the Texas Transportation Commission.
The Department will distribute federal transportation planning funds to the MPO based on a
TPP & MPO Agreement Page 2 of 18 Revised 5/21/18
Contract
No.:
#50-12XF 005
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
formula developed by the Department, in consultation with the MPOs, and approved by
FHWA, the Federal Transit Administration (FTA), and other applicable federal agencies.
D. Provide to the MPO, as appropriate, technical assistance and guidance for the collection,
processing, and forecasting of socio-economic data needed for the development of traffic
forecasts, plans, programs, and planning proposals within the metropolitan area, including
collecting, processing, and forecasting vehicular travel volume data in cooperation with the
MPO, as appropriate.
E. Jointly promote the development of the intermodal transportation system within the
metropolitan area by identifying points in the system where access, connectivity, and
coordination between the modes and inter -urban facilities would benefit the entire system.
F. Share with the MPO information and information sources concerning transportation planning
issues that relate to this agreement.
G. Cooperatively develop and share information with the MPO related to transportation
performance data, the selection of performance targets, the reporting of performance
targets, the reporting of performance to be used in tracking progress toward attainment of
critical outcomes for the region of the MPO, and the collection of data for the State asset
management plan for the National Highway System (NHS).
Article 3. Responsibilities of the MPO
The MPO is an organization created to ensure that existing and future expenditures on
transportation projects and programs are based on a continuing, cooperative, and
comprehensive planning process. The responsibilities of the MPO are as follows:
A. Document planning activities in a UPWP to indicate who will perform the work, the schedule
for completing it, and all products that will be produced. In cooperation with the Department
and public transportation operators as defined by 23 CFR Part 450, the MPO must annually
or bi-annually develop a UPWP that meets federal requirements.
B. Prepare and submit to the Department an annual performance and expenditure report of
progress no later than December 31 of each year. A uniform format for the annual report
will be established by the Department, in consultation with the MPOs.
C. Use funds provided in accordance with 43 Texas Administrative Code JAC) §16.52 and
Article 2 (Responsibilities of the Department) of this agreement to develop and maintain a
comprehensive regional transportation planning program in conformity with the requirements
of 23 USC §134, 49 USC §5303, and the Texas Comptroller of Public Accounts Uniform
Grant Management Standards (UGMS).
D. Develop a Metropolitan Transportation Plan (MTP), a Transportation Improvement Program
(TIP), and a UPWP for the Metropolitan Planning Area (MPA), all of which are consistent
with the Statewide Long -Range Transportation Plan (SLRTP), as required by the state and
federal law. At a minimum, the MPO shall consider in their planning process the applicable
factors outlined in 23 USC §134.
E. Assemble and maintain an adequate, competent staff with the knowledge and experience
that will enable them to perform all appropriate MPO activities required by law.
F. Forecast, collect, and maintain appropriate socio-economic, roadway, and travel data on a
timely basis, in cooperation with the Department.
G. Prepare all required plans, programs, reports, data, and obtain required certifications in a
timely manner.
TPP & MPO Agreement Page 3 of 18 Revised 5/21/18
Contract
No.:
#50-12XF0005
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
H. Share information with the Department and information sources concerning transportation
planning issues.
I. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO
Transportation Planning Director.
Article 4. Responsibilities of the MPO Policy Committee
The MPO Policy Committee is the policy body that is the forum designated under 23 USC §134
with the responsibility for establishing overall transportation policy for the MPO and for making
required approvals. The MPO Policy Committee is comprised of those governmental agencies
identified in the original designation agreement and those agencies or organizations
subsequently added to the membership of the committee. The responsibilities of the MPO,
acting through its Policy Committee, are as follows:
A. Ensure that requirements of 23 USC §§134 and 135 and 49 USC, Chapter 53, are carried
out.
B. Use funds provided in accordance with Article 2 (Responsibilities of the Department) of this
agreement to develop and maintain a comprehensive regional transportation planning
program in accordance with requirements of 23 USC §134 and 49 USC §5303.
C. Develop and adopt an MTP for the MPA that is consistent with the SLRTP required by state
and federal laws; a TIP and a UPWP; and other planning documents and reports that may
be required by state or federal laws or regulations.
D. Exercise sole responsibility to hire, supervise, evaluate, and terminate the MPO
Transportation Planning Director.
E. Provide planning policy direction to the MPO Transportation Planning Director.
Article 5. Responsibilities of the Fiscal Agent
The Fiscal Agent for the MPO is the entity responsible for providing fiscal, human resource, and
staff support services to the MPO. The responsibilities of the Fiscal Agent are as follows:
A. Maintain required accounting records for state and federal funds consistent with current
federal and state requirements.
B. Provide all appropriate funding, as identified by fiscal year in the UPWP, to allow the MPO
staff to effectively and efficiently operate the program.
C. Provide human resource services to the MPO.
D. Provide benefits for the MPO staff that shall be the same as the Fiscal Agent normally
provides its own employees; or as determined through an agreement between the MPO and
the Fiscal Agent. Costs incurred by the Fiscal Agent for these benefits shall be reimbursed
by the MPO.
E. Establish procedures and policies for procurement and purchasing, when necessary, in
cooperation with the MPO.
Article 6. Responsibilities of the MPO Transportation Planning Director
The responsibilities of the MPO Transportation Planning Director are as follows:
A. Administer the MPO's UPWP. The Director shall serve in a full-time capacity and shall take
planning policy direction from and be responsible to the designated MPO Policy Committee.
B. Act as a liaison to the Department, relevant to the Department's transportation planning
activities.
C. Oversee and direct all MPO transportation planning staff work performed using MPO funds.
TPP & MPO Agreement Page 4 of 18 Revised 5/21/18
Contract
No.:
#50-12;00005
Federal Highway Administration:
CFDA Title:
CFDA No.:
#20.205
Not Research and Development
D. Prepare and submit all required plans, programs, reports, data, and certifications in a timely
manner.
E. Develop and present to the MPO Policy Committee an MTP for the MPA that is consistent
with the SLRTP required by state and federal laws; a TIP and a UPWP; and other planning
documents and reports that may be required by state or federal laws or regulations.
F. Share with the Department information and information resources concerning transportation
planning issues.
Article 7. Unified Planning Work Program
A. Each year the MPO shall submit to the Department a program of work that includes goals,
objectives, and tasks required by each of the several agencies involved in the metropolitan
transportation planning process. This program of work is to be called the Unified Planning
Work Program (UPWP), or any successor name. The UPWP shall be approved by the MPO
Policy Committee, in accordance with 23 CFR §450.314.
B. The UPWP will be prepared for a period of one (1) year or two (2) years unless otherwise
agreed to by the Department and the MPO. The UPWP shall reflect only that work that can
be accomplished during the time period of the UPWP, in accordance with TAC §16.52.
C. The UPWP shall reflect transportation planning work tasks to be funded by federal, state, or
local transportation, or transportation related (e.g. air quality) planning funds. The budget
and statement of work will be included in the UPWP. The MPO may not incur costs until
final approval of the UPWP is granted. The maximum amount payable will not exceed the
budget included in the UPWP.
D. The effective date of each UPWP will be October 1 st of each year or the date of approval
from the appropriate oversight agency, whichever occurs later. On that date, the UPWP
shall constitute a new federal project and shall supersede the previous UPWP.
E. The UPWP shall comply with all applicable federal and state requirements and will describe
metropolitan transportation and transportation -related planning activities anticipated in the
area.
F. The use of federal metropolitan transportation planning funds shall be limited to
transportation planning activities affecting the transportation system within the boundaries of
a designated metropolitan planning area. If an MPO determines that data collection and
analysis activities relating to land use, demographics, or traffic or travel information,
conducted outside its boundaries, affects the transportation system within its boundaries,
then those activities may be undertaken using federal planning funds, if the activities are
specifically identified in an approved UPWP. Any other costs incurred for transportation
planning activities outside the boundaries of a designated metropolitan planning area are
not eligible for reimbursement.
G. Travel outside the State of Texas by MPO staff and other agencies participating in the MPO
planning process must be approved by the Department if funded with federal transportation
planning funds. The MPO must receive approval prior to incurring any costs associated with
the actual travel (e.g., registration fee). This provision will not apply if the travel is at the
request of the Department. Travel to the State of Arkansas by the Texarkana MPO staff and
travel to the State of New Mexico by the El Paso MPO staff shall be considered in -state
travel.
TPP & MPO Agreement Page 5 of 18 Revised 5/21/18
Contract
No.:
#50-1F0005
150 —)( Fo0 _
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
H. The cost of travel incurred by elected officials serving on the MPO Policy Committee is
eligible for reimbursement with federal transportation planning funds in accordance with 43
TAC §16.52.
I. The use of federal transportation planning funds is limited to corridor/subarea level planning
or multimodal or system -wide transit planning studies. Major investment studies and
environmental studies are considered corridor level planning. Unless otherwise authorized
by federal law or regulation, the use of such funds beyond environmental document
preparation or for specific project level planning and engineering (efforts directly related to a
specific project instead of a corridor) is not allowed.
J. Failure to adhere to the time line developed by the Department may result in a delay in the
authorization to the MPOs to proceed in incurring costs.
K. A UPWP will not be approved if it is submitted in a format other than the standard format
developed by the Department. The UPWP and subsequent amendments may be submitted
electronically.
L. The MPO shall not incur any costs for work outlined in the UPWP or any subsequent
amendments (i.e., adding new work tasks or changing the scope of existing work tasks) prior
to receiving approval from the Department. Any costs incurred prior to receiving Department
approval are not eligible for reimbursement from federal transportation planning funds.
M. Costs incurred by the MPO shall not exceed the total budgeted amount of the UPWP
without prior approval of the MPO Policy Committee and the Department. Costs incurred on
individual work tasks shall not exceed that task budget by 25 percent without prior approval
of the MPO Policy Committee and the Department. If the costs exceed 25 percent of the
task budget, the UPWP shall be revised, approved by the MPO Policy Committee, and
submitted to the Department for approval.
N. The MPO Policy Committee must approve the UPWP and any subsequent revisions, and
shall not delegate the approval authority, except for corrective actions. Corrective actions
do not change the scope of work, result in an increase or decrease in the amount of task
funding, or affect the overall budget. Examples include typographical, grammatical, or
syntax corrections.
O. Should any conflict be discovered between the terms of this agreement and the UPWP, the
terms of this agreement shall prevail.
P. The MPO is not authorized to request payment for any work it may perform that is not
included in the current UPWP.
Article 8. Compensation
The Department's payment of any cost incurred under this agreement is contingent upon all of
the following:
A. Federal funds are available to the Department in a sufficient amount for making payments.
B. The incurred cost is authorized in the UPWP. The maximum amount payable under this
agreement shall not exceed the total budgeted amount outlined in the UPWP in accordance
with 43 TAC §16.52.
C. The cost has actually been incurred by the MPO and meets the following criteria:
1. Is verifiable from MPO records;
2. Is not included as match funds for any other federally -assisted program;
3. Is necessary and reasonable for the proper and efficient accomplishment of program
objectives;
TPP & MPO Agreement Page 6 of 18 Revised 5/21/18
Contract
No.:
#50-12XF0005
2' J _11 1( ,900
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
4. Is the type of charge that would be allowable under 2 CFR 200 Revised, "Cost Principles
for State, Local, and Indian Tribal Governments" and the state's UGMS; and
5. Is not paid by the Department or federal government under another assistance program
unless authorized to be used as match under the other federal or state agreement and
the laws and regulations to which it is subject.
D. After October 1st of each year, the Department will issue a work order to the MPO
establishing the effective date of work and the total funds authorized. If the UPWP is
subsequently revised, necessitating a revision to the original work order, or the Department
deems a revision necessary, a revised work order may be issued at any time throughout the
fiscal year. If the amount in the UPWP differs from the amount in the work order, the
amount in the work order prevails.
E. The MPO is authorized to submit requests for payment of authorized costs incurred under
this agreement on a semi-monthly basis, but no more than twenty four (24) times a year and
no less than monthly as expenses occur. Each request for payment shall be submitted in a
manner acceptable to the Department, which includes, at a minimum, the following
information:
1. UPWP budget category or line item;
2. Description of the cost;
3. Quantity;
4. Price;
5. Cost extension; and
6. Total costs
F. The MPO shall submit the final bill from the previous fiscal year to the Department no later
than December 31 sc of the calendar year in which that fiscal year ended. Any bills submitted
after December 31 for a fiscal year in which the funds have been de -obligated will be
processed against the current year's UPWP.
G. Payment of costs is contingent upon compliance with the terms of Article 3 (Responsibilities
of the MPO) of this agreement. Noncompliance may result in cancellation of authorized
work and suspension of payments after a thirty (30) day notification by the Department to
the MPO.
Article 9. Reporting
To permit program monitoring and reporting, the MPO shall submit reports as required in Article
3 (Responsibilities of the MPO) of this agreement. If task expenditures overrun or underrun a
budgeted task amount by twenty-five percent (25%) or more, the annual performance and
expenditure report must include an explanation for the overrun or underrun.
Article 10. Indemnification
A. The MPO shall save harmless the Department and its officers and employees from all
claims and liability that are due to activities of the MPO, its agents, or its employees
performed under this agreement and that are caused by or result from error, omission, or
negligent act of the MPO or of any person employed by the MPO.
B. To the extent possible under state law, the MPO shall also save harmless the Department
from any and all expense, including but not limited to, attorney fees that may be incurred by
the Department in litigation or otherwise resisting claims or liabilities that may be imposed on
the Department as a result of the activities of the MPO, its agents, or its employees.
TPP & MPO Agreement Page 7 of 18 Revised 5/21/18
Contract
No.:
�
#50-12XF0005
-1 X podv ^
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
Article 11. Inspection of Work and Retention of Documents
A. The Department and, when federal funds are involved, the U. S. Department of
Transportation (USDOT), and their authorized representatives shall have the right at all
reasonable times to inspect or otherwise evaluate the work performed or being performed
under this agreement and the premises on which it is being performed.
B. If any inspection or evaluation is made on the premises of the MPO or a subcontractor, the
MPO shall provide or 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 a manner that will not unduly
delay the work.
C. The MPO agrees to maintain all books, documents, papers, computer generated files,
accounting records, and other evidence pertaining to costs incurred and work performed
under this agreement, and shall make those materials available at its office during the time
period covered and for seven (7) years from the date of final payment under the UPWP.
Those materials shall be made available during the specified period for inspection by the
Department, the USDOT, and the Office of the Inspector General of the USDOT and any of
their authorized representatives for the purpose of making audits, examinations, excerpts,
and transcriptions.
D. The state auditor may conduct an audit or investigation of any entity receiving funds from
the Department directly under this agreement or indirectly through a subcontract under this
agreement. Acceptance of funds directly under this agreement or indirectly through a
subcontract under this agreement acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit under the state's UGMS.
Article 12. Work Performance
All work performed under this agreement 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 13. Disputes
The MPO shall be responsible for the settlement of all contractual and administrative issues
arising out of procurement entered into in support of work under this agreement. In the event of
a dispute between the Department and the MPO concerning the work performed under this
agreement in support of the urban transportation planning process, the dispute shall be resolved
through binding arbitration. Furthermore, the arbiter shall be mutually acceptable to the
Department and the MPO.
Article 14. Non -Collusion
The MPO shall warrant that it has not employed or retained any company or person, other than
a bona fide employee working for the MPO, to solicit or secure this agreement, 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
TPP & MPO Agreement Page 8 of 18 Revised 5/21/18
Contract
No.:
#50-12XF0005 _
� — 0-,Ocv
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
resulting from the award or making of this agreement. If the MPO breaches or violates this
warranty, the Department shall have the right to annul this agreement without liability or, in its
discretion, to deduct from the agreement price or consideration, or otherwise recover the full
amount of the fee, commission, brokerage fee, gift, or contingent fee.
Article 15. Subcontracts
A. Any subcontract for services rendered by individuals or organizations not a part of the
MPO's organization shall not be executed without prior authorization and approval of the
subcontract by the Department and, when federal funds are involved, the USDOT. All work
in the subcontract is subject to the state's UGMS. If the work for the subcontract is
authorized in the current approved UPWP, and if the MPO's procurement procedures for
negotiated contracts have been approved by the Department either directly or through self -
certification by the MPO, the subcontract shall be deemed to be authorized and approved,
provided that the subcontract includes all provisions required by the Department and the
USDOT.
B. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement.
C. No subcontract will relieve the MPO of its responsibility under this agreement.
Article 16. Termination
A. The Department may terminate this agreement at any time before the date of completion if
the Governor withdraws his designation of the MPO. The Department or the MPO may seek
termination of this agreement pursuant to Article 13 (Disputes) if either party fails to comply
with the conditions of the agreement. The Department or the MPO shall give written notice
to all parties at least ninety (90) days prior to the effective date of termination and specify
the effective date of termination.
B. The Department may terminate this agreement for reasons of its own, subject to agreement
by the MPO.
C. The parties to this agreement may terminate this agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this
event, the parties shall agree upon the termination conditions.
D. Upon termination of this agreement, whether for cause or at the convenience of the parties,
all finished or unfinished documents, data, studies, surveys, reports, maps, drawings,
models, photographs, etc., prepared by the MPO shall, at the option of the Department, be
delivered to the Department.
E. The Department shall reimburse the MPO for those eligible expenses incurred during the
agreement period that are directly attributable to the completed portion of the work covered
by this agreement, provided that the work has been completed in a manner satisfactory and
acceptable to the Department. The MPO shall not incur new obligations for the terminated
portion after the effective date of termination.
Article 17. Force Majeure
Except with respect to defaults of subcontractors, the MPO shall not be in default by reason of
failure in performance of this agreement in accordance with its terms (including any failure by
the MPO to progress in the performance of the work) if that failure arises out of causes beyond
the control and without the default or negligence of the MPO. Those causes may include but
are not limited to acts of God or of the public enemy, fires, floods, epidemics, quarantine
TPP & MPO Agreement Page 9 of 18 Revised 5/21/18
Contract
No.:
#50-12XF0005
CAv —
Federal Highway Administration:
CFDA Title:
CFDA No.:
1 #20.205
Not Research and Development
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
MPO.
Article 18. Remedies
A. Violation or breach of agreement terms by the MPO shall be grounds for termination of the
agreement. Any costs incurred by the Department arising from the termination of this
agreement shall be paid by the MPO.
B. This agreement shall not be considered as specifying the exclusive remedy for any dispute,
but all remedies existing at law and in equity may be availed of by either party and shall be
cumulative.
Article 19. Gratuities
A. Employees of the Department or the MPO shall not accept any benefits, gifts, or favors from
any person doing business with, or who may do business with the Department or the MPO
under this agreement.
B. Any person doing business with, or who may do business with the Department or the MPO
under this agreement, may not make any offer of benefits, gifts, or favors to Department or
the MPO employees. Failure on the part of the Department or the MPO to adhere to this
policy may result in termination of this agreement.
Article 20. Compliance with Laws
The parties to this agreement shall comply with all federal and state laws, statutes, rules, and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in
any matter affecting the performance of this agreement, 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 Department with
satisfactory proof of its compliance.
Article 21. Successors and Assigns
No party shall assign or transfer its interest in this agreement without written consent of the
other parties.
Article 22. Debarment Certifications
The MPO is prohibited from making any award or permitting any award at any tier to any party
that is debarred or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, Debarment and Suspension. By executing
this agreement, the MPO certifies that it is not currently debarred, suspended, or otherwise
excluded from or ineligible for participation in Federal Assistance Programs under Executive
Order 12549 and further certifies that it will not do business with any party that is currently
debarred, suspended, or otherwise excluded from or ineligible for participation in Federal
Assistance Programs under Executive Order 12549. The MPO shall require any party to a
subcontract or purchase order awarded under this agreement as specified in 49 CFR Part 29
(Debarment and Suspension) to certify its eligibility to receive federal funds and, when
requested by the Department, to furnish a copy of the certification.
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Article 23. Equal Employment Opportunity
The parties to this agreement agree 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 24. Pertinent Non -Discrimination Authorities
During the performance of this Agreement, each party, for itself, its assignees, and successors
in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of federal or federal -aid programs and projects).
C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the federal -aid
recipients, subrecipients and contractors, whether such programs or activities are federally
funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38.
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, the parties must take reasonable steps to ensure that LEP persons have meaningful
access to the programs (70 Fed. Reg. at 74087 to 74100).
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L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
Article 25. Nondiscrimination on the Basis of Disability
The MPO agrees that no otherwise qualified disabled person shall, solely by reason of his
disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to
discrimination under this agreement. The MPO shall ensure that all fixed facility construction or
alteration and all new equipment included in the project comply with applicable regulations
regarding Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or
Benefiting from Federal Financial Assistance, set forth in 49 CFR Part 27, and any amendments
to it.
Article 26. Disadvantaged Business Enterprise (DBE) Program Requirements
If federal funds are used:
A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements
established in 49 CFR Part 26.
B. The MPO shall adopt, in its totality, the State's federally approved DBE program.
C. The MPO shall incorporate into its contracts with subproviders an appropriate DBE goal
consistent with the State's DBE guidelines and in consideration of the local market, project
size, and nature of the goods or services to be acquired. The MPO shall submit its
proposed scope of services and quantity estimates to the State to allow the State to
establish a DBE goal for each MPO contract with a subprovider. The MPO shall be
responsible for documenting its actions.
D. The MPO shall follow all other parts of the State's DBE program referenced in TxDOT Form
2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of
Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and
attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-
info/bop/dbe/mou/mou attachments.pdf.
E. The MPO shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any U.S. Department of Transportation (DOT) -assisted contract
or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
MPO shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-
discrimination in award and administration of DOT -assisted contracts. The State's DBE
program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by
reference in this Agreement. Implementation of this program is a legal obligation and failure
to carry out its terms shall be treated as a violation of this Agreement. Upon notification to
the MPO of its failure to carry out its approved program, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801 et seq.).
F. Each contract the MPO signs with a contractor (and each subcontract the prime contractor
signs with a sub -contractor) must include the following assurance: The contractor, sub -
recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this
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Agreement, which may result in the termination of this Agreement or such other remedy as
the recipient deems appropriate.
Article 27. Procurement and Property Management Standards
A. The parties to this Agreement shall adhere to the procurement standards established in Title
49 CFR §18.36, to the property management standards established in 2 CFR 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
and to the Texas Uniform Grant Management Standards. The State must pre -approve the
MPO's procurement procedures for purchases to be eligible for state or federal funds.
B. The MPO agrees to comply with applicable Buy America requirements set forth in the
Surface Transportation Assistance Act of 1978 (Pub. L. 95-599) §401 and the FTA's Buy
America regulations in 49 CFR Part 661.
C. The MPO agrees to comply with the cargo preference requirements set forth in 46 USC
§55305 and Maritime Administration regulations set forth in 46 CFR Part 381.
Article 28. Environmental Protection and Energy Efficiency
A. The MPO agrees to comply with all applicable standards, orders, or requirements issued
under Section 306 of the Clean Air Act, 42 USC §7602; Section 508 of the Clean Water Act
33 USC §1368; Executive Order 11738 and Title 40 CFR, "Protection of Environment." The
MPO further agrees to report violations to the Department.
B. The MPO agrees to recognize standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94-163).
Article 29. Federal Reimbursement
The MPO shall be responsible for any funds determined to be ineligible for federal
reimbursement, and shall reimburse the Department the amount of those funds previously
provided to it by the Department.
Article 30. Control of Drug Use
The MPO agrees to comply with the terms of the FTA regulation, "Prevention of Alcohol Misuse
and Prohibited Drug Use in Mass Transit Operations," set forth in 49 CFR Part 655.
Article 31. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's knowledge
and belief, that:
A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to
any person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
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Congress in connection with federal contracts, grants, loans, or cooperative agreements, the
signatory for the MPO shall complete and submit the Federal Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The parties shall require that the language of this certification shall be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts
under grants, loans, and cooperative agreements) and all sub -recipients shall certify and
disclose accordingly. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 USC §1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Article 32. Amendments
Any change to one or more of the terms and conditions of this agreement shall not be valid
unless made in writing and agreed to by the parties before the change is implemented.
Article 33. Distribution of Products
A. The MPO shall provide a number of copies to be specified by the Department of all
information, reports, proposals, brochures, summaries, written conclusions, graphic
presentations, and similar materials developed by the MPO and financed, in whole or in
part, as provided in this agreement. All reports published by the MPO shall contain the
following prominent credit reference to the Department, USDOT, FHWA, and FTA:
Prepared in cooperation with the Texas Department of Transportation and the U.S.
Department of Transportation, Federal Highway Administration, and Federal Transit
Administration.
B. Upon termination of this agreement, all documents prepared by the MPO or furnished to the
MPO by the Department, shall be delivered to the Department. All documents,
photographs, calculations, programs, and other data prepared or used under this agreement
may be used by the Department without restriction or limitation of further use.
Article 34. Legal Construction
In case any one or more of the provisions contained in this agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or
unenforceability shall not affect any other provisions and this agreement shall be construed as if
it did not contain the invalid, illegal, or unenforceable provision.
Article 35. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the
subject matter of this agreement.
Article 36. Copyrights
The Department and the USDOT shall, with regard to any reports or other products produced
under this agreement, reserve a royalty -free, nonexclusive and irrevocable right to reproduce,
publish, or otherwise use, and to authorize others to use the work for government purposes.
Article 37. Federal Funding Accountability and Transparency Act Requirements
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A. Any recipient of funds under this agreement agrees to comply with the Federal Funding
Accountability and Transparency Act and implementing regulations at 2 CFR Part 170,
including Appendix A. This agreement is subject to the following award terms:
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22705.pdf and
http://www.qpo.gov/fdsys/pkq/FR-2010-09-14/pdf/2010-22706.pdf
B. The MPO agrees that it shall:
1. Obtain and provide to the Department a Central Contracting Registry (CCR) number
(Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more
than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR
web -site at https://www.sam.gov/portal/public/SAM/;
2. Obtain and provide to the Department a Data Universal Numbering System (DUNS)
number, a unique nine -character number that allows the Federal government to track the
distribution of federal money. The DUNS number may be requested free of charge for
all businesses and entities required to do so by visiting the Dun & Bradstreet on-line
registration website at http://fedgov.dnb.com/webform; and
3. Report the total compensation and names of its top five (5) executives to the Department
if:
i. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission.
Article 38. Single Audit Report
If federal funds are used:
A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the MPO must
submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance
Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division
by email at singleaudits(a)-txdot.gov.
C. If expenditures are less than the threshold during the MPO's fiscal year, the MPO must
submit a statement to TxDOT's Compliance Division as follows: "We did not meet the
$ expenditure threshold and therefore, are not required to have a single audit
performed for FY "
D. For each year the Project remains open for federal funding expenditures, the MPO will be
responsible for filing a report or statement as described above. The required annual filing
shall extend throughout the life of the Agreement, unless otherwise amended or the Project
has been formally closed out and no charges have been incurred within the current fiscal
year.
Article 39. Notices
All notices to any party by the other parties required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to the party at the
following addresses:
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Federal Highway Administration:
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Transportation Planning Director
MPO: Lubbock Metropolitan Planning Organization
916 Main Street Suite 531
Lubbock, Texas 79401
Office of the City Manager and Office of the City Attorney
Fiscal Agent: 1625 13'h Street P.O. Box 2000
Lubbock, Texas 79401
Director, Transportation Planning & Programming Division
Department: Texas Department of Transportation
125 E. 11'h Street
Austin, Texas 78701
All notices shall be deemed given on the date delivered or deposited in the mail, unless
otherwise provided in this agreement. Any party may change the above address by sending
written notice of the change to the other parties. Any party may request in writing that notices
shall be delivered personally or by certified U.S. mail and that request shall be honored and
carried out by the other parties.
Article 40. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
THIS AGREEMENT IS EXECUTED by the Department, the MPO, and the Fiscal Agent in
triplicate.
THE MPO
S' ature
Jeff Griffith
Typed or Printed Name
Chairman, Transportation Policy Committee
Title
• /9 • AV10/00
Date
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THE FISCAL AGENT
CITY OF LUBBOCK
Daniel M. Pope
October 9, 2018
Date
ATTEST:
Re ecca Garza, City Sec eta
APPROVED AS TO CONTENT:
Jarrett A inson, City Manager
APPROVED AS TO FORM:
Amy S2TW19ity Attorney
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THE DEPARTMENT
ignature
TZ 0 , s.J�-k
Typed or Printed Name
Director, Transportation Planning and
Programming Division, Texas Department of
Transportation
Title
10, 2
Date
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