HomeMy WebLinkAboutResolution - 2016-R0305 - Consultant Agreement - LMPO - Transit Services FY 2016/17 - 09/08/2016Resolution No.2016-R0305
Item No.5.15
September8.2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock,a Consultant Agreement between the
Cityof Lubbockandthe Lubbock Metropolitan Planning Organization (LMPO)toprovide
Transit (CitiBus) services to the LMPO for fiscal year 2016-2017.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 Council.
Passed by the City Council this 8th day of September 2016.
DANIEL M.POPt,MAYOR
ATTEST:
Rebecca Garza.City Secr&aH
APPROVED AS TO CONTEN !
Bill Howe/ton.Assistant CipnVlanager
APPROVED AS TOTORM
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Resolution No.2016-R0305
LUBBOCK METROPOLITAN PLANNING ORGANIZATION
CONSULTANT CONTRACT -TRANSIT SERVICES
THE STATE OF TEXAS §
§KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LUBBOCK §
This contract is made, entered and executed between the Lubbock Metropolitan Planning
Organization, which is the designated Metropolitan Planning Organization (MPO)of the Lubbock
urbanized area &hereinafter called the MPO, and City of Lubbock*hereinafter called the
Consultant.
WITNESSETH
WHEREAS,pursuant to provisions of 23 USC 134,the Governor of the State of Texas has
designated the MPO to be the single-focus planning organization for the Lubbock urbanized
area(s) and has executed an agreement to effectuate the designation;and,
WHEREAS, pursuant to the Governor's designation and in compliance with applicable federal,
state, and local laws, regulations, and ordinances, the MPO has developed and maintains a current
UnifiedPlanningWorkProgramwhichoutlineswork tasksand estimatedexpenditures;and,
WHEREAS, the current Unified Planning Work Program hasbeen approved by the State ofTexas,
acting by and through the State Department of Highways and Public Transportation, and the U.S.
Department of Transportation, acting by and through the Federal Highway Administration; and,
WHEREAS,the current Unified Planning Work Program authorizes the MPO to engage a
consultant to perform the services described in Subtasks 3.2,3.3,and 3.4 of the 2016 - 2017
Unified Planning Work Program,and the Consultant has proposed a plan to complete the task,
and the MPO has accepted the proposal;
NOW,THEREFORE,in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the MPO and the Consultant do mutually agree as follows:
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AGREEMENT
Article 1. Contract Period
This contract becomes effective when fully executed by all parties hereto or on October 1, 2016,
whichever occurs later, and shall terminate upon the MPO's final approval of work completed by
the Consultant or on September 30, 2017, whichever occurs earlier, unless otherwise terminated
or modified as hereinafter provided.
Article 2. Responsibilities of the Parties
The Consultant shall undertake and complete the task(s) as described in Exhibit A, Scope of
Services, and in accordance with all terms and conditions included hereinafter. The MPO shall
provide assistance as appropriate and as specified in said Exhibit A, including approval of all
work.
Article 3. Compensation
The maximum amount payable under this contract shall not exceed the amount of Fifty-three
Thousand Seven Hundred and NO/100 Dollars ($53,700.00). The MPO may make partial
proportionate payments of the fixed fee based on the amount of work completed by the Consultant.
All payments made hereunder will be made on the basis of reimbursement of actual costs incurred,
not to exceed the limits authorized in Article 3, Compensation. To be eligible for reimbursement,
a cost must be incurred within the contract period specified in Article 1 above and be authorized
or not prohibited in Exhibit A. All costs must be supported by source documents which comply
with generally accepted accounting practices. Payment of costs incurred is further governed by
cost principles outlined in the Federal Acquisition Regulation, Part 31, Subpart 31.2, Contracts
with Commercial Organizations.
Article 3.1 Consideration
The consideration to be paid for the Services to be provided to the MPO as described in Exhibit
A shall be on a per -task -completed basis. This amount shall be invoiced to the MPO monthly as
work is performed, or as otherwise agreed to in writing by the MPO and Consultant.
Article 3.2 Basis for Compensation
It is understood by the MPO that in some cases the tasks listed in Exhibit A are a continuing
process and that the completion of each task is ongoing. The Consultant may charge the MPO on
a recurring basis throughout the year provided that the MPO is furnished by the 15th day of each
month a detailed description of the task completed including at a minimum:
(1) The number of man-hours used to perform the task;
(2) Cost per man-hours;
(3) Any other cost associated with producing the task;
(4) An explanation of how the work produced relates to Consultant's scope of work within the
MPO Metropolitan Area Boundary;
(5) Completed timesheets of the individuals working on each task that are used to seek
reimbursement; and
(6) Total amount of reimbursement sought for the tasks.
Article 3.3 Funding
The parties hereto agree that funds from which payments if any, under this Agreement shall be
made originate from federal and state grant funds, and are subject to and contingent upon continued
funding. In the event said funding is discontinued, the MPO shall provide Consultant with seven
(7) days notice thereof, and Consultant shall immediately discontinue all activities in progress
pursuant to this Agreement.
Article 4. Contract Amendments
Significant changes in the terms and conditions of this contract can be made only by written
amendment executed by the parties hereto prior to the changes being made.
Article 5. Additional Work
If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope
of this contract and constitutes additional work, the Consultant shall promptly notify the MPO in
writing. In the event that the MPO finds that such work does constitute additional work, the MPO
shall so advise the Consultant and provide compensation for doing the work on the same basis as
the original work or the MPO shall advise the Consultant not to perform the work. If the
compensation for the additional work will cause the maximum amount payable to be exceeded, a
written amendment will be executed. Any amendment so executed must be approved within the
contract period specified in Article 1.
Article 6. Changes in Work
When the approved project description requires a completed work product, the MPO will review
the work as specified in the approved project description. If the MPO finds it necessary to request
changes in previously satisfactorily completed work or parts thereof, the Consultant will make
such revisions as requested and directed by the MPO. Such work will be considered as additional
work and subject to the requirements established in Article 5. If the MPO finds it necessary to
require the Consultant to revise completed work to correct errors appearing therein, the Consultant
will make such corrections, and no compensation will be paid for the corrections.
Article 7. Omitted
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accompanied by a statement of the action taken, or contemplated, and any assistance
needed to resolve the situation; and
(2) Favorable developments or events that enable meeting time schedules and goals sooner
than anticipated or producing more work units than originally projected.
Article 12. Records
The Consultant agrees to maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred and work performed hereunder and shall make such materials
available at its office during the contract period and for three years from the date of final payment
under the contract. Such materials shall be made available during the specified period for
inspection by the authorized representatives of the MPO, the State of Texas, the U.S. Department
of Transportation and the Office of the Inspector General, for the purpose of making audits,
examinations, excerpts, and transcriptions.
Article 13. Subcontracts
Any subcontract for professional services rendered by individuals or organizations not a part of
the Consultant's organization shall not be executed without prior authorization and approval of the
subcontract by the MPO. Subcontracts in excess of $25,000 shall contain all required provisions
of this contract.
Article 14. Termination
Either party to this Agreement may terminate this contract in part or in whole at any time before
the date of completion whenever it is determined that the other party has failed to comply with the
conditions of the contract. The terminating party shall give written notice to the other party at least
seven days prior to the effective date of termination and specify the effective date of termination
and the reason for termination. If both parties to this contract agree that the continuation of the
contract in whole or in part would not produce beneficial results commensurate with the further
expenditure of funds, the parties shall agree upon the termination conditions, including the
effective date and, in the case of partial terminations, the portion to be terminated. Upon
termination of this contract, whether for cause or at the convenience of the parties hereto, all
finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models,
photographs, etc., prepared by the Consultant shall, at the option of the MPO, be delivered to the
MPO with no restriction on future use. The MPO shall compensate the Consultant for those eligible
expenses incurred during the contract period which are directly attributable to the completed
portion of the work covered by this contract, provided that the work has been completed in a
manner satisfactory and acceptable to the MPO. The Consultant shall not incur new obligations
for the terminated portion after the effective date of termination.
Article 15. Remedies
Violation or breach of contract terms by the Consultant shall be grounds for termination of the
contract. This agreement shall not be considered as specifying the exclusive remedy for any
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default, but all remedies existing at law and in equity may be availed of by either party and shall
be cumulative.
Article 16. Compliance With Laws
The Consultant shall comply with all Federal, State, and local laws, statutes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any
matter affecting the performance of this contract, including, without limitation, workers'
compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When required, the Consultant shall furnish the MPO with
satisfactory proof of its compliance therewith.
Article 17. Successors and Assigns
The MPO and the Consultant each binds itself, its successors, executors, assigns and administrators
to the other party to this agreement and to the successors, executors, assigns and administrators of
such other party in respect to all covenants of this agreement. Neither the MPO nor the Consultant
shall assign, sublet, or transfer his interest in this agreement without written consent of the other.
Article 18. Ownership of Documents
Upon completion or termination of this contract, all documents prepared by the consultant or
furnished to the consultant by the MPO shall be delivered to and become the property of the MPO.
All sketches, photographs, calculations, and other data prepared under this contract shall be made
available, upon request, to the MPO without restriction or limitation of further use.
Article 19. Signatory Warranty
The undersigned signatory for the Consultant hereby represents and warrants that signatory is an
officer of the organization for which signatory has executed this contract and that signatory has
full and complete authority to enter into this contract on behalf of the firm.
Article 20. Consultant Resources
The Consultant warrants that it presently has adequate qualified personnel in its employment for
performance of services required under this contract. Unless otherwise specified, the Consultant
shall furnish all equipment, materials, and supplies required to perform the work authorized herein.
All employees of the Consultant shall have such knowledge and experience as will enable them to
perform the duties assigned to them.
Article 21. Equal Employment Opportunity
The Consultant agrees to comply with Executive Order 11246 entitled "Equal Employment
Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor
Regulations (41 CFR 60).
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Article 22. Nondiscrimination
During the performance of this contract, the Consultant, its assigns and successors in interest,
agrees as follows:
(1) Compliance with Regulations: The Consultant shall comply with the following regulations
relative to nondiscrimination in federally -assisted programs of the U.S. Department of
Transportation as they may be amended from time to time (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this contract.
A. Title VI of the Civil Rights Act of 1964, as amended (42 U.S. C. 2000d-1) and 49 CFR
part 21;
B. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national
origin, sex, or age in employment or business opportunity;
C. Section 110(b) of the SAFETEA-LU (Pub. L. 109-59) and 49 CFR part 26 regarding
the involvement of disadvantaged business enterprises in USDOT funded projects;
D. 23 CFR part 230, regarding the implementation of an equal employment opportunity
program on Federal and Federal -aid highway construction contracts;
E. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and 49 CFR parts 27, 37, and 38;
F. the Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on
the basis of age in programs or activities receiving Federal financial assistance;
G. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on
gender; and
H. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27
regarding discrimination against individuals with disabilities.
(2) Nondiscrimination: The Consultant, 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 Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations,
including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Consultant 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 Consultant of
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the Consultant's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
(4) Information and Reports: The Consultant shall provide all information and reports required
by the Regulations, or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the State Department of Highways and Public Transportation or the U.S.
Department of Transportation to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of the Consultant is in the
exclusive possession of another who fails or refuses to furnish this information, the
Consultant shall so certify to the State Department of Highways and Public Transportation
or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it
has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the
nondiscrimination provisions of this contract, the State Department of Highways and
Public Transportation shall impose such contract sanctions as it or the U.S. Department of
Transportation may determine to be appropriate, including but not limited to:
A. withholding of payments to the Consultant under the contract until the Consultant
complies, and/or
B. cancellation, termination, or suspension of the contract in whole or in part.
(6) Incorporation of Provisions: The Consultant 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
Consultant shall take such action with respect to any subcontract or procurement as the
MPO may direct as a means of enforcing such provisions including sanctions for
noncompliance; provided, however, that in the event a Consultant becomes involved in, or
is threatened with litigation with a subcontractor or supplier as a result of such direction,
the Consultant may request the MPO to enter into such litigation to protect the interests of
the MPO; in addition, the Consultant may request the United States to enter into such
litigation to protect the interests of the United States.
Article 23. Minority Business Enterprises
It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as
defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds. Consequently the
Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this
contract as follows:
(1) The Consultant agrees to insure that Minority Business Enterprises as defined in 49 CFR
23, Subpart A, have the maximum opportunity in the performance of contracts and
subcontracts financed in whole or in part with Federal funds. In this regard, the Consultant
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shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of
Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to
compete for and perform contracts; and
(2) The Consultant and any subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of contracts funded in whole or in part
with Federal funds.
These requirements shall be physically included in any subcontract. Failure to carry out the
requirements set forth above shall constitute a breach of contract and, after the notification of the
MPO, may result in termination of the contract by the MPO or other such remedy as the MPO
deems appropriate.
Article 24. Delinquent Tax Certification
Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the
State from awarding a contract to a corporation that is delinquent in paying taxes under Chapter
171, Tax Code, the Consultant hereby certifies that it is not delinquent in its Texas franchise tax
payments, or that it is exempt from or not subject to such tax. A false statement concerning the
corporation's franchise tax status shall constitute grounds for cancellation of the contract at the
sole option of the State.
Article 25. Debarment/Suspension
The MPO is prohibited from making any award or permitting any award at any tier to any party
which is debarred or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, Debarment and Suspension. The MPO shall
require any party to a subcontract or purchase order awarded under this contract as specified in
Title 49 of the Code of Federal Regulations, Part 29 (Debarment and Suspension) to certify its
eligibility to receive federal funds by executing the Debarment Certification at Appendix A.
Article 26. Clean Air Act: Air Pollution Prevention & Control
All State and local transportation officials will take in a 3-C planning process in nonattainment
areas to determine which planning elements will be developed, adopted, and implemented to
maintain or improve the air quality for said area. In non -attainment areas that include more than
one state, the affected states may jointly undertake and implement air quality planning procedures.
Activities not conforming to approved plans will be given to those projects or programs that
achieve and maintain national primary ambient air quality standards. (49 USC, Ch. 85, Sec's 7408,
7410, 7504, 7505a, 7511, 7506(c) and (d) and 7604; 49 USC, Ch. 53, 23 USC, Sec. 134). The
consultant will maintain all applicable national primary ambient air quality standards during the
discharge of all work tasks as set out in this contract.
Article 27. Buy America/Cargo Preference
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To the extent the requirements might apply, the Consultant agrees that he/she will comply with
applicable Buy America requirements set forth in Section 401 of the Surface Transportation
Assistance Act of 1978 (P.L. 95-599) and the Federal Transit Administration's Buy America
regulations in 49 CFR 660 through its contract with the MPO. The Consultant also agrees to
comply with the Cargo Preference Requirements Act set forth in 46 U.S.C. 1241 and Maritime
Administration regulations set forth in 46 CFR 381 through its contract with the MPO.
Article 28. Independent Contractor
It is understood and agreed that Consultant is to perform the Services in a sound and professional
manner and exercising the degree of care, skill, and diligence in the performance of the Services
as is exercised by a professional under similar circumstances and Consultant hereby warrants to
the MPO that the Services shall be so performed. Further, Consultant is and shall be considered at
all times an independent contractor under this Agreement and/or in its service, hereunder. During
the performance of the Services under this Agreement, Consultant and Consultant's employees
will not be considered, for any purpose, employees or agents of the MPO within the meaning or
the application of any federal, state or local law or regulation, including without limitation, laws,
rules or regulations regarding or related to unemployment insurance, old age benefits, workers
compensation, labor, personal injury, or taxes of any kind.
Article 29. Credit and Disclaimer Statement
Pursuant to requirements of 23 USC Section 104(f), Consultant shall include the following Credit
and Disclaimer statement verbatim in all reports produced for this contract:
The preparation of this report has been financed in part through
grant(s) from the Federal Highway Administration and Federal
Transit Administration, under the Metropolitan Planning Program,
Section 104(f) of Title 23, U.S. Code. The contents of this report do
not necessarily reflect the official views or policy of the U.S.
Department of Transportation.
Article 30. Miscellaneous
Any notice required by this Agreement shall be deemed to be properly served, if:
(1) provided in person or by telephonic facsimile; or
(2) deposited in the United States mail by certified letter, return receipt requested, addressed
to the recipient at recipient's address shown below, subject to the right of either party to
designate a different address by notice given in the manner just described.
Notice shall be deemed to be received when delivered if provided in person or by telephonic
facsimile or, if deposited in the United States mail, as set forth above, three (3) days after
depositing such notice in the United States mail, as set forth above.
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Notice shall be given to:
For MPO:
H. David Jones,
Transportation Planning Director
Lubbock Metropolitan Planning Organization
916 Main Street, Suite 445
Lubbock, Texas 79401
Facsimile: (806) 775-1675
w/ copy to:
City Attorney
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3307
Article 31. VENUE
For Consultant:
City Secretary
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3983
w/ copy to:
Maurice Pearl
801 Texas Ave.
POB 2000
Lubbock, TX 79457
Facsimile: (806) 712-2012
THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD
TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS
OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY
THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY,
TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR
ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK
COUNTY, TEXAS.
Article 32. Entire Agreement
This Agreement represents the entire and sole agreement between the MPO and Consultant with
respect to the subject matter hereof and supersedes any and all prior negotiations, understandings,
representations or other agreements, whether written or oral. This Agreement may not be modified
or amended except in writing and duly executed by each party hereto.
Article 33 No Joint Venture
Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership
or principal — agent relationship between Consultant and the MPO.
Article 34 Savings Provision
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be
deemed modified to the extent necessary to render it valid and enforceable so long as said
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modification is reasonably within the intent of the parties as originally expressed. In the event such
provision may not be so modified, the unenforceability or invalidity of any provision shall not
affect any other provision of this Agreement, and this Agreement shall continue in force and effect
as if such provision had not been included in this Agreement.
Article 35 No Third Party Beneficiaries
Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any
party other than MPO and Consultant.
Article 36 Authority
Consultant represents and warrants to MPO that it has taken all actions necessary to authorize the
party executing this Agreement to bind, in all respects, Consultant to all terms and provisions of
this Agreement and that such person possesses authority to execute this Agreement and bind
Consultant hereto.
Article 37 Non -Arbitration (Required by the City of Lubbock)
The Consultant reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the Consultant shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this Agreement, the former
shall control.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives this 8th day of September , 2016.
MPO
Patti Jones, Chair
Transportation Po ' y Committee
CONSULTANT
Daniel M. Pope
Mayor, City of ]
ATTEST:
amny Walker, MPO Secre ry ec y Garza, City Secretaz
AS TO CONTENT:
H. David Jones L
Transportation Planning Director
AS TO FO
Amy Sims
Deputy City Attorney,
On Behalf of the MPO,
Per MOU
AS TO
City
IN
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EXHIBIT A
Scope of Services
Transit Services
The following items shall be included in the scope of services to be rendered by Consultant
pursuant to this Agreement, hereinafter referred to as "Project". It is understood and agreed that
unless this Agreement is extended by Parties, mutually and in writing, no activity or compensation
therefore shall be made after September 30, 2017, and that the Project shall be completed in full
before said date except as otherwise provided for in this Scope of Services.
The stated purpose of this project is to produce new reports based on the collection of new data or
update existing reports to satisfy "maintenance of eligibility" standards as required by federal
agencies. Named reports include but are not limited to the following:
1. Technical Study Report (annually);
2. National Transit Database reporting and related data collection and analysis
(monthly/annually);
3. Grant application preparation (as required);
4. Federal Financial Status reports (monthly);
5. Federal Milestone Status Reports (quarterly);
6. DBE program preparation and reports (annually);
7. Safety and Security Plan update (annually);
Contingent upon funding and staff availability, this year's projects could also include the following
requisite documents to support Citibus planning and compliance efforts:
Passenger Marketing Survey — survey would seek passenger feedback on topics such as
trip purpose, travel times, methods of payment, the cost of fares/passes, and utilization of
Citibus services, as well as age, race, income, home language, and educational level. This
information would be used for route planning and consideration of service changes, as
requested by Title VI program. Project would be completed with available staff resources.
At the conclusion of this Scope of Services, Consultant will be able to continue to provide the
technology to support long and short range planning activities including data collection and
analysis, federal reporting, and demographic analysis.
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All subtasks set out in this Scope of Services shall be complete on or before September 30, 2017
unless extended by the Technical Advisory Committee and approved in the following year's
Unified Planning Work Program. This task and all associated sub -tasks are annual ongoing
elements.
Construction and/or performance progress shall be reported monthly to the Technical Advisory
Committee by the Project Manager.
Consultant will be responsible for any and all research, investigation, and data recovery necessary
to perform the described services.
Consultant will be responsible for any and all data interpretation, compilation and entry necessary
to complete this project.
Consultant will be responsible for any survey necessary to perform the data collection, all
coordination among the stakeholders, and any mobilization necessary to implement the services to
be provided.
Collected data will be used by the Lubbock Metropolitan Planning Organization (LMPO) to update
the Travel Demand Model, Metropolitan Transportation Plan, and the Transportation
Improvement Program as required by law and policies of the various stakeholders.
APPROVED:
H. David Jones
Transportation Planning Director
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APPENDIX A
DEBARMENT CERTIFICATION
(Negotiated Contracts)
(1) City of Lubbock, as CONSULTANT, certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public* transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity* with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions* terminated for cause or default.
(2) Where the CONSULTANT is unable to certify to any of the statements in this certification, such
CONSULTANT shall attach an explanation to this certification.
*federal, state or local
Daniel M. Pope, Ma r
September 8, 2016
Date
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APPENDIX B
CERTIFICATION FOR CONTRACTS, GRANTS,
LOANS AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that
(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 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.
(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 Consultants shall certify and disclosure accordingly.
This certification is a material representation of fact upon which reliance was 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, and 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.
V�
Daniel M. Pope, klayor
September 8, 2016
Date
17