Loading...
HomeMy WebLinkAboutResolution - 3709 - Contract 512XXF6010 - TDHPT - Public Transportation - 09_12_1991Resolution No. 3709 September Item # 18 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 Transportation Contract (being numbered Contract 512-XXF- 6010) to be entered into by and between the City of Lubbock and the Texas State Department of Highways and Public Transportation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of September , 1991. C ZJB.C. MCM NN, MAYOR ATTEST: 4RaattleMoyd, City cretary AFP'?U LD AS TO CONTENT: Larry 'J Hoffman/, Director of Transpo tation ff APPROVED AS TO FORM: n Ilk 11 J. drth. Fullingim, Assitant Cit_j�Attorney Resolution No. 3709 Septembe,- 12, 1991 Item #18 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 PUBLIC TRANSPORTATION CONTRACT THE STATE OF TEXAS X THE COUNTY OF TRAVIS I THIS CONTRACT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, and the City of Lubbock hereinafter called the Contractor. W I T N E S S E T H WHEREAS, the State is the administering agency for the State Public Transportation Fund as prescribed by Article 6663c, V.T.C.S.; and WHEREAS, the Contractor desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; and WHEREAS, the State is authorized under Article 6663b, V.T.C.S., to assist the Contractor in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, hereinafter called the Project; and WHEREAS, the State Highway and Public Transportation Commission passed Commission Minute Order No. glgSl authorizing the State to enter into the necessary agreements with the Contractor for funding public transportation projects; and NOW, THEREFORE, in consideration mutual covenants hereinafter set as follows. REV. 8/91 1 1 of the premises and of the forth, the parties hereby agree CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 A G R E E M E N T ARTICLE 1. CONTRACT PERIOD This contract becomes effective on the final date of execution by the State's Director, Public Transportation and shall terminate on August 31, 1992 unless otherwise terminated or modified as hereinafter provided. Termination of the Contract shall not release the Contractor from the property management standards outlined in Article 9 below. ARTICLE 2. PROJECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shall comply with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. The Contractor shall commence, carry on and complete the Project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this Contract without modification is $258,555.00. The State will reimburse the Contractor for the authorized costs incurred in carrying out this project which are further described in the budget contained in Attachment A. The State's payment to the Contractor is contingent upon the availability of Federal and/or State appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient Federal or State funds are not available to pay the Contractor's claims. B. To be eligible for reimbursement under this Contract, a cost must be incurred within the contract period specified in Article 1 above and be included in the project budget contained in Attachment A. REV. 8/91 2 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 C. Payment of costs incurred under this Contract is further governed by cost principles outlined in applicable Federal Office of Management and Budget (OMB) publications as follows: State or Local Governments OMB Circular A-87 Nonprofit Organizations OMB Circular A-122 Colleges, Universities, Educational Institutions OMB Circular A-21 D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or other items or value received by the Contractor that have the effect of reducing the cost actually incurred. In particular, fares and other passenger revenues shall be so identified on the Contractor's billing to the State. E. All major items or equipment, as described in the capital budget in Attachment A, shall be included in this contract as direct costs. The Contractor hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs. F. Requests for payment are to be submitted to the State no more frequently than on a monthly basis, except as noted below, on invoice statements acceptable to the State. Additional documentation to support all costs incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. The original invoice with required documentation is to be submitted to the following address: G. The State receipt of payment. Mr. William M. Pope, P. E. District Engineer State Department of Highways and Public Transportation P.O. Box 771 Lubbock, TX 79408-0771 will make payment within thirty days of the properly prepared and documented requests for REV. 8/91 3 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 H. The Contractor will submit a final billing within forty-five days of the contract termination date specified in Article 1 above. I. The Contractor shall make payments promptly to all subcontractors and suppliers. Failure to do so will be grounds for termination of this Contract by the State. The State shall not be responsible for the debts of the Contractor. ARTICLE 4. CONTRACT AMENDMENTS Changes in the scope, objectives, cost or duration of the Project authorized herein shall be enacted by written amendment approved before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the Contract period as specified in Article 1. ARTICLE 5. SUBCONTRACTS Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts in excess of $25,000 shall contain all required provisions of this Contract. No subcontract will relieve the Contractor of its responsibility under this Contract. ARTICLE 6. RECORDS AND AUDITS A. The Contractor agrees to maintain financial records, supporting documents, statistical records and all other records pertinent to this Contract. B. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor or any of their duly authorized representatives shall have access to the records described in Paragraph A above at all reasonable times during the contract period and for the period set forth in Paragraph C below for the purpose of making audits, examinations, excerpts and transcripts. C. Financial records, supporting documents, statistical records and all other records pertinent to the Contract shall be retained for a period of three years from final payment, with the following qualifications: REV. 8/91 4 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 (1) If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquired in whole or in part with State funds shall be retained for three years after its final disposition. (3) When records are transferred to or maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the Contractor. D. The Contractor further agrees to include these provisions in each negotiated subcontract. E. Contractor audit procedures shall meet or exceed the single audit report requirements outlined in Office of Management and Budget (OMB) publications as follows: State or Local Governments OMB Circular A-128 Institutions of Higher OMB Circular A-133 Education and Other Nonprofit Organizations ARTICLE 7. FINANCIAL MANAGEMENT SYSTEMS The Contractor's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR 18). Those requirements include, but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. B. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and income. C. Effective control over and accountability for all funds property and other assets. The Contractor shall adequately REV. 8/91 5 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract and relation of financial information to performance of 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 finding and recommendations. ARTICLE 8. PROCUREMENT STANDARDS Contractor 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), including insurance and bonding requirements. The Contractor shall have written selection procedures which meet the minimum requirements of that document. The Contractor agrees to comply with applicable Buy America requirements set forth in Section 401 of the Surface Transportation Assistance Act of 1978 (P.L. 957599) and the Urban Mass Transportation Administration's Buy America regulations at 49 CFR 660. The Contractor agrees to comply with the cargo preference requirements set forth in 46 USC 1241 and Maritime Administration regulations set forth in 46 CFR 381. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part 18. The Contractor will meet all obligations incurred in its subcontracts with its equipment suppliers, to specifically include the prompt payment of monies due the supplier upon delivery of acceptable equipment. Should payment be delayed for any reason, the Contractor agrees not to operate any equipment that has been delivered without the express permission of the equipment vendor and to lend it the same protection it would its own equipment. REV. 8/91. 6 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 ARTICLE 9. PROPERTY MANAGEMENT The Contractor agrees to comply with the property management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), in its control, use and disposition of property or equipment governed by those standards. Further, the Contractor shall comply with the property management standards adopted by the State in the Texas Administrative Code, Title 43, Chapter 31. In the event that any project facility and equipment are not used in the proper manner or are withdrawn from public transportation services, the Contractor shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this Contract upon determination by the State that said property has not been fully and/or properly utilized. The Contractor shall maintain at least the minimum insurance on all vehicles and other nonexpendable personal property as required by the insurance regulations of the State of Texas. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. Unless otherwise approved by the State, in the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value. The Contractor shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the State interest in any project facilities or equipment; nor shall the Contractor, by any act or omission of any kind, adversely affect the State interest or impair its continuing control over the use of project facilities or equipment. The Contractor shall notify the State immediately of theft, wreck, vandalism or other destruction of project -related facilities or equipment. ARTICLE 10. LABOR PROTECTION PROVISIONS The Contractor agrees to undertake, carry out and complete the Project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and REV. 8/91 7 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 equitable, to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended. ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS A. The Contractor, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the Project area within which it provides regularly scheduled public transportation service, except as provided under Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth in 49 CFR Part 604 and any amendments that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. B. The Contractor, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. ARTICLE 12. MONITORING AND REPORTING A. The Contractor shall submit quarterly performance reports that provide as a minimum the following: (1) A comparison of actual accomplishments to the goals established for the period. (2) Reasons why established goals were not met. (3) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. The Contractor shall promptly advise the State in writing of events which have a significant impact upon the Contract, including: REV. 8/91 8 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 (1) Problems, delays or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 13. DISPUTES A. The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. B. The State shall act as referee in all disputes regarding non -procurement issues, and the State's decision shall be final and binding. ARTICLE 14. REMEDIES Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract and any increased cost arising from Contractor's default, breach of contract or violation of terms shall be paid by the Contractor. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. The State may terminate this Contract at any time before the date of completion whenever it is determined that the Contractor has failed to comply with the conditions of the Contract. The State shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for the termination. B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial REV. 8/91 9 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the Contract is warranted, a new contract must be developed and executed by both parties. C. Upon termination of this Contract, whether for cause or at the convenience of the parties hereto, the State shall retain unlimited and royalty free usage rights of all finished or unfinished documents, data surveys, reports, maps, drawings, models, photographs, etc., prepared by the Contractor. D. The State shall compensate the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the work covered by this Contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. E. Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in performance of this Contract in accordance with its terms, including any failure by the Contractor to progress in the performance of the work. Failure on the part of the Contractor to fulfill its obligations as set forth in this Contract will be waived by the State for causes due to Acts of God or force majeure. ARTICLE 16. GENERAL PROVISIONS A. CIVIL RIGHTS During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The Contractor shall comply with the regulations relative to non-discrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21 and 23 CFR 710.405(b), as they may be amended from time to REV. 8/91 10 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 time (hereinafter, referred to as the Regulations), which are herein incorporated by reference and made part of this Contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitation for Subcontracts Includin5 Procurements of Materials and Equipment: In all solicitations either by competitive Bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Re orts: The Contractor shall provide all in ormation and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State or the Urban Mass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the State shall impose REV. 8/91 11 B. C. CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (b) Cancellation, termination or suspension of the Contract, in whole or in part. (6) Incorgoration of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the State or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of or otherwise be subject to discrimination under the project. The Contractor shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth in 49 CFR Part 27, and any amendments thereto. 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 REV. 8/91 12 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23 apply to this Contract as follows: The Contractor agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprise have the maximum opportunity to compete for and perform contracts. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the State, may result in termination of the Contract by the State or other such remedy as the State deems appropriate. D. EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60). E. AFFIRMATIVE ACTION The Contractor warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) have been development and are on file. F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act REV. 8/91 13 G. CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 (40 USC, Part 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). (2) Copeland "Anti -Kickback" Act The Contractor agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). (3) Davis -Bacon Act The Contractor agrees to comply with the provisions of the Davis -Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). (4) Relocation and Land Acquisition The terms of the Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" (49 CFR Part 25) are applicable to this Contract. (5) Insurance and Bonding The Contractor shall comply with insurance and bonding requirements as established in 49 CFR Part 18. (6) Signs The Contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY The Contractor agrees to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency Regulations (40 CFR, Part 15). The Contractor further agrees to report violations to the State. REV. 8/91 14 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). H. CONTROL OF DRUG USE The Contractor agrees to comply with the terms of the Omnibus Anti -Drug Abuse Act of 1988 (P.L. 100-890, Title V, Subtitle D). I. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs" set forth at 49 CFR Part 29, are applicable to this Contract and the Contractor must complete the Contractor Certification which is included as Attachment B. Further, any subcontractor employed by the Contractor is also bound by the terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower Tier) form. J. RESTRICTIONS ON LOBBYING Pursuant to Section 319 of Public Law 101-121, which generally prohibits recipients of Federal funds from using those monies for lobbying purposes, the Contractor shall comply with the attached Special Provision "New Restrictions on Lobbying", which is included as Attachment C. K. PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. No member, officer or employee of the Contract during this tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. REV. 8/91 15 L. M. CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 State Highway and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State Engineer -Director for Highways and Public Transportation. Any persons doing business with or who may reasonably speaking do business with the State under this Contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in the termination of this Contract. ASSURANCES The Contractor will comply with Texas Civil Statutes, Article 5996a, by insuring that no officer, employee or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or confirm the employment of any person related within the second 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. The Contractor will insure that all information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. The Contractor will comply with Texas Civil Statutes, Article 6252-17, 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. PATENT RIGHTS If any invention, improvement or discovery of the Contractor or any of its subcontractors is conceived or first actually REV. 8/91 16 N. O. Q CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 reduced to practice in the course of or under this Project, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State under Article 15.0 above; the Contractor shall immediately notify the State and provide a detailed report. The rights and responsibilities of the Contractor, subcontractors and the United States Government with respect to such invention will be determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof. Further, the Contractor shall comply with the provisions of 41 CFR, Part 1-9. COPYRIGHTS The State and the United States Department of Transportation shall have the royalty -free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for government purposes. INDEMNIFICATION To the extent permitted by law, the Contractor shall indemnify and save harmless the State from all claims and liability due to activities of itself, its agents or employees, performed under this agreement and which result from an error, omission or negligent act of the Contractor or of any person employed by the Contractor. The Contractor 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 Contractor, its agents, or employees. Such indemnity shall also apply where claims, losses, damages, causes of actions, suits or liability arise in whole or in part from the negligence of the State. SUCCESSORS AND ASSIGNS The Contractor binds itself, its successors, assigns, executors and administrators in respect to all covenants of this agreement. The Contractor shall not sign, sublet or transfer its interest in this agreement without the written consent of the State. REV. 8/91 17 CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 Q. CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that it is not an agent, servant or employee of the State and is responsible for its own act and deeds and for those of its agents or employees during the performance of the contract work. R. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for.any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. S. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. REV. 8/91 18 08/14/91 CONTRACTOR: CITY OF LUBBOCK PROJECT NUMBER: TX-90-X224 CONTRACT NUMBER: 512XXF6010 LINE ITEM # DESCRIPTION II. OPERATING 50/25/25 1 OPERATING CONTRACT BUDGET TOTAL FEDERAL STATE ATTACHMENT A LOCAL 2,400,000 1,200,000 258,555 941,445 ----------- ----------- TOTAL 2,400,000 ----------- 1,200,000 50% ----------- 258,555 11% 941,445 39% CONTRACTOR: CITY OF LUBBOCK CONTRACT NUMBER: 512XXF6010 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 1R S APPROVED: CONTRACTOR C � By: B.C. McMinn Title: Mayor Date: September 12, 1991 ATTEST: Raneif.te Boyd City Secretary, City of Lu bock By: Date: September 12, 1991 Director, Public Transportation Date: 9/ RECOMMENDED FOR EXECUTION: c istric ginee District 5 19 APPROVED AS TO CONTENT: Z'Vvy V' Larry V Hoffman Direct of Transpo tation City of Lubbock APPROVED AS TO FORM: a, it � mt-k lat* �- J. o th ullingim Ass tant City Attorney Cit of Lubbock CONTRACTOR CERTIFICATION Mayor B. C. McMinn , being (1) duly sworn or under penalty of perjury under the laws of the United States, certifies that, except as noted below, City of Lubbock or any person associated ( 2 ) therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor or any position involving the administration of federal funds: • is currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, and dates of ac•=ion. Providing false information may result incriminal prosecution or administrative sanctions. EXCEPTIONS: (3) • c (4) me of certifylng official b. C. McMi nn Mayor Title September 12. 1991 Date APPROVED AS TO CONTENT: ATTEST: APPROVED AS TO FORM: y� Worth Fullingim Larry V Hoffman Ran tte Boyd A istant City Attorney Director of Transportation City Secretary INSTRUCTIONS FOR COMPLETETION CONTRACTOR CERTIFICATION (1) Insert name of person completing the form; this person must -be an authorized official of the contractor. (2) Insert the name of the contracting firm. (3) insert any exceptions. (4) Proceed with execution. CERTIFICATION of Restrictions on Lobbying I, B. C. McMinn, Mayor hereby certify (name and title of grantee official) on behalf of City of Lubbock that: (name of grantee) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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. (2) 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 Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its, instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. 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. Executed this 12th day of APPROVED AS TO FORM: VWorth Fullingimistant City Attorney APP6VED AS TO CONTENT: By September , 1991 C- ��-`�� ( ignature of authorized official) B. C. McMinn, Mayor (title of authorized official) ATTEST: Larry V noTTMffV Direct r of Transportation Ran to Boyd City Secretary Lower Tier Participant Debarment Certification (Negotiated Contracts) B. C. McMinn, Mayor ,being duly sworn o nsert name of certifying official) or under penalty of perjury under the laws of the United States, certifies that neither City of Lubbock nor its 4insert name of lower tier participant) principals are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any Federal department or -agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: c hi� Official B . C . McMinn Mayor Title September 12, 1991 Date of Certification APPROVED AS TO FORM APPROVED AS TO CONTENT: ATTEST: Korth Fullingim istant City Attorney Carry YJ Hoffmay- -' Directi6r of Transportation Ranttte Boyd City Secretary Certification Information This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur: • any transaction between the contractor and a person (other than a procurement contract for goods and services), regardless of type, under a primary covered transaction • any procurement contract for goods or services when the estimated cost is $25,000 or more • any procurement contract for goods or services between the contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control -over that covered trans- action. Such persons include principal investigators and providers of federally-re4uired audit services: A procurement transaction is the process of acquiring goods and services. A nonprocurement transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor. A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST.