HomeMy WebLinkAboutResolution - 2012-R0321 - Agreement - LMPO - Produce New Reports, Update Existing Reports - 08/23/2012Resolution No. 2012-RO321
August 23, 2012
Item No. 5.13
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 Consultant Agreement
between the City of Lubbock and the Lubbock Metropolitan Planning Organization to
produce new reports based on the collection of new data, to update existing reports, and
to produce any other related documents, in order to satisfy the maintenance of eligibility
standards as required by federal agencies. 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 this23rd day of August 2012.
K EN GIBSA, MAYOR PRO TEM
ATTEST:
C') —o,-,-,
Rebe ca Garza, City Secretary
v- - U
APPROVED AS TO CONTENT:
Bill ljoerton, Jr.
Citib s Liaison
APPROVED AS TO FORM:
Q
2��a
T,aup& Pratt
As4istant City Attorney
Resolution - MPO Consultant City of Lubbock - Citihus
08.07.12
Resolution No. 2012-0321
LUBBOCK METROPOLITAN PLANNING ORGANIZATION
CONSULTANT CONTRACT
THE STATE OF TEXAS }(
COUNTY OF LUBBOCK )( KNOW ALL MEN BY THESE PRESENTS
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 Unified Planning Work Program which outlines work tasks and
estimated expenditures; and,
WHEREAS, the current Unified Planning Work Program has been approved by the
State of Texas, 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 Subtask 3.2 of the 2011 — 2012
Unified Planning Work Programand 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, 2011, whichever occurs later, and shall terminate upon the MPO's final
approval of work completed by the Consultant or on September 30, 2012, 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 as described in Attachment A,
Approved Project Description, and in accordance with all terms and conditions included
hereinafter.
The MPO shall provide assistance as appropriate and as specified in said Attachment A,
including approval of all work.
Article 3. Compensation
The maximum amount payable under this contract shall not exceed the amount of
$ 60,000.00. 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 Attachment A, Scope
of Services. 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
The consideration to be paid for the Services to be provided 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
It is understood by the MPO that in some cases the tasks listed in Attachment 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.
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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.
6. Total amount of reimbursement sought for the tasks.
Article 3.3
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.
Page 3 of 17
Article 7. Omitted
Article 8. Inspection of Work
The MPO, the State of Texas, and the U.S. Department of Transportation, and any
authorized representative thereof, have the right at all reasonable times to inspect or
otherwise evaluate the work performed or being performed hereunder and the premises
on which it is being performed.
If any inspection or evaluation is made on the premises of a subcontractor, the Consultant
shall provide and require his subcontractor to provide all reasonable facilities and
assistance for the safety and convenience of the inspectors in the performance of their
duties. All inspections and evaluations shall be performed in such a manner as will not
unduly delay the work.
Article 9. Disputes
The parties hereto shall act in good faith to resolve any and all disputes that may arise in
connection with this agreement. Consultant shall be responsible for the settlement of all
contractual and administrative issues arising out of procurements entered into in support
of contract work.
Article 10. Noncollusion
The Consultant warrants that he/she has not employed or retained any company or
person, other than a bona fide employee working for him/her, to solicit or secure this
contract, and that he/she has not paid or agreed to pay any company or person, other than
a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this contract.
Consultant shall also certify that he/she has not lobbied any federal officer or employee
for awarding this contract pursuant to the certification at Appendix B.
Article 11. Reporting
The Consultant shall submit quarterly performance reports that provide as a minimum
(1) a comparison of actual accomplishments to the goals established for the period,
(2) reasons why established goals were not met, if appropriate, and
(3) other pertinent information including, when appropriate, analysis and explanation
of cost overruns or high unit costs.
The Consultant shall submit a final report within 90 days after completion of the contract.
The Consultant shall promptly advise the MPO in writing of events which have a
significant impact upon the contract, including:
(1) Problems, delays, or adverse conditions which 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
Page 4 of 17
accompanied by a statement of the action taken, or contemplated, and any assistance
needed to resolve the situation.
(2) Favorable developments or events that enable meeting time schedules and goals
sooner than anticipated or producing more work units than originally 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.
Page 5 of 17
Article 1 S. 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
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 14. 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.
Page 6 of 17
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).
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 I I0(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
Page 7 of 17
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 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:
• withholding of payments to the Consultant under the contract until the
Consultant complies, and/or
• 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:
Page 8 of 17
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 shall take all necessary and reasonable steps in accordance
with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business
Enterprises have the maximum opportunity to compete for and perform contracts.
The 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, 7505x, 7511,
7506(c) and (d) and 7604; 49 USC, Ch. 53, 23 USC, See. 134).
Page 9 of 17
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
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 (i)
provided in person or by telephonic facsimile; or (ii) 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
Page 10 of 17
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.
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
For Consultant:.
Bill Howerton, Director
Community Development/Citibus Liaison
P.O. Box 2000
Lubbock, Texas 79457
Facsimile: (806) 775-3307
Article 31 . Venue
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.
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Article 32. 1.
Nothing contained herein shall be construed to imply a joint venture, joint enterprise,
partnership or principal — agent relationship between Consultant and the MPO.
Article 32.2.
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 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 32.3
Nothing in this Agreement shall be construed to provide any rights or benefits
whatsoever to any party other than MPO and Consultant.
Article 32.4
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.
[THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY]
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Exhibit A - Scope of 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, 2012,
and that the Project shall be completed in full before said date except as otherwise
provided for in Article 4, Contract Amendments.
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:
• Technical Study Report (annually);
• National Transit Database reporting and related data collection and
analysis (monthly/annually);
• Grant application preparation (as required);
• Federal Financial Status reports (monthly);
• Federal Milestone Status Reports (quarterly);
• DBE program preparation and reports (annually);
• 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:
• Comprehensive Fixed Route System Analysis — fixed route study would assist
staff in analyzing the effectiveness of the existing route system and potential
changes that would optimize available equipment and personnel resources; would
also assist in determining alternatives that could be implemented if future funding
shortages occurred. Funding would derive from TxDOT Section 5304
discretionary planning funds.
• 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.
• Regional Coordination Plan — this plan, which incorporates annual revisions, updated
statistics, and approved deliverables as prepared by Citibus staff, will be updated with the
participation and input of the South Plains Regional Coordination Group. Funding is
derived from TxDOT Section 5304 planning funds.
• ADA Paratransit Plan — Citibus staff intends on developing a formal ADA
Paratransit Plan that would incorporate a description of demand response
procedures and processes, fare structures, passenger certification process and
general service information. Project would be completed with available staff
res0urces.
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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.
All subtasks set out in this Scope of Services shall be complete on or before September
30, 2012 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.
(Remainder of this page left blank intentionally)
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IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized representatives this 23rd day of August , 2012.
MPO
Torn Head, Lubbock County Judge, Chai:
Transportation Policy Committee
ATTEST:
Tera Davis, MPO Secretary
AS TO CONTENT:
H. David Jones
Transportation Planning Director
AS TO FORM;
T.aur%Pratt
As 'stant City Attorney
CONS LTAN'P
Karen Gibson, Mayor Pro Tern
City of Lubbock
Pea Garza, City Secre
Date:
Page 15 of 17
APPENDIX A
DEBARMENT CERTIFICATION
(Negotiated Contracts)
{1) (!f1ry o � , as CONTRACTOR, certifies to the best of
its knowled a 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 CONTRACTOR is unable to certify to any of the statements in this
certification, such CONTRACTOR shall attach an explanation to this certification.
*federal, stat or local
utr ed Signatory, 47itle
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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.
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