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HomeMy WebLinkAboutResolution - 4046 - Agreement - Steering Committee Of MPO - Unified Planning Work Program - 12/17/1992Resolution No. 4046 December 17, 1992 Item #30 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 said City an agreement to be entered into by and between said City and the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization) concerning administration of the Unified Planning Work Program approved by the State of Texas and United States Department of Transportation, respectively attached herewith, which shall be spread upon the minutes of the Council and as spread upon th tes of this Council shall constitute and be a part of this Resolutio as if Nly co n in detail. Passed by the City Council this 17th dayK of Dec T 111A A, EmanIffia ATTEST: Sally SM 1 Abbe, Acting City Secretary APPR ED AS TO 0 T T: Larry V. man, i for o Transpo tion APPROV S TO ORM: V Wo t Fu ingim, A is ant Cit tto ey enda-D2/SteerCom.res y December 7, 1992 , 1992. Resolution No. 4046 December 17, 1992 Item 430 STATE OF TEXAS** COUNTY OF LUBBOCK** THIS CONTRACT, entered into this 17th day of December , 1992, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), hereinafter referred to as the "MPO" and the City of Lubbock, Texas, hereinafter referred to as the "City." 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, the MPO entered into a contract on the 8th day of September, 1992, with the State of Texas, acting by and through the Texas Department of Transportation, hereinafter referred to as the "State", for the purpose of assuming responsibility for work items to be financed through Section 112 and Section 8 of the Intermodal Surface Transportation Efficiency Act of 1991, in support of the Urban Transportation Planning process established pursuant to 23 USC 134; 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 and the U.S. Department of Transportation, acting by and through the Federal Highway Administration and Federal Transit Association; and, WHEREAS, it is the intention of the MPO to make available to the City, the Section 112 and Section 8 funds provided to them through the aforementioned contract with the state, in payment for work performed by the City in maintaining and updating the basic study elements of the Section 134 Planning Process outlined in Attachment "A" attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto, the MPO and the City, do mutually agree as follows. 1 AGREEMENT Article 1. CONTRACT PERIOD This contract becomes effective when fully executed by all parties. At the end of six years, this agreement shall be reviewed and an amendment or a new agreement executed, if both parties agree to the need for an amendment or a new agreement. If all terms and conditions of this agreement remain viable, no amendment or new agreement shall be required. In the event that no amendment or new agreement is required, a letter from the MPO to the City shall constitute renewal of the agreement for an additional six years, subject to all terms and conditions herein specified. Article 2. RESPONSIBILITIES OF THE PARTIES The City agrees to assume responsibility for the specific planning work items assigned to it and authorized by the MPO in its adoption of the current Unified Work Program (UWP). The MPO shall provide assistance as appropriate and as specified in said Attachment "A", including approval of all work. Article 3. COMPENSATION The MPO will reimburse the City for authorized costs incurred by the work tasks and line items in accordance with OMB Circular A-87, "Cost Principles for State and Local Governments." Costs incurred subsequent to receipt of a written work order from the State through the MPO and properly supported will be reimbursable. The total reimbursement by the MPO is not to exceed the amount shown on the work order nor the amount shown on the Current UWP. The MPO will make payments to the City as partial payments based upon properly prepared billings summarizing all authorized costs by classification of costs showing description, quantities, price extension, and totals. Such payments shall be made no more frequently than on a monthly basis. The City shall submit a final voucher and recapitulation of all previous billings for the contracted work within ninety (90) days of the close of this contract. Prior to final payment, an audit of the records supporting costs claimed by the City shall be made. The City shall make available records for said audit to authorized representatives of the State and Federal agencies involved. The City shall bear responsibility for all funds determined to be ineligible for Federal reimbursement and shall refund to the MPO such funds. All fiscal records shall be maintained by the City for three (3) years after final payment from the MPO. 2 Article 4. INDEMNIFICATION The City shall save harmless the MPO from all claims and liability due to the acts or omissions of the City, its agents or employees. The City also agrees to save harmless the MPO from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the MPO in litigation or otherwise resisting such claims or liabilities as a result of any activities of the City, its agents or employees. Further, the City agrees to protect, indemnify, and save harmless the MPO from and against all claims, demands, and causes of action of every kind and character brought by an employee of the City against the MPO due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the City. Article 5. INSPECTION OF WORK The MPO, the State, and when Federal funds are involved, 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 in which it is being performed. If any inspection or evaluation is made on the premises of the City or a subcontractor, the City shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Article 6. WORK PERFORMANCE All work performed hereunder shall be carried out in a professional and orderly manner, and the products authorized in the UWP shall be accurate and exhibit high standards of workmanship. Article 7. DISPUTES The City shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into in support of contract work. The MPO shall act as referee in all disputes regarding nonprocurement issues, and the MPO's decision shall be final and binding. Article 8. NONCOLLUSION The City warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this contract, and that it has not paid or agreed 3 to pay any company or person, other than a bona fide employee, a fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this contract. If the City breaches or violates this warranty, the MPO shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. Article 9. REPORTING The City shall submit quarterly a minimum: (1) a comparison of established for the period; (2) not met, if appropriate; and including, when appropriate, overruns or high unit costs. performance reports that provide as actual accomplishments to the goals reasons why established goals were (3) other pertinent information analysis and explanation of cost The City shall submit a final report within ninety (90) days after completion of the contract. The City 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 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 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 10. RECORDS The City 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 time period covered and for three years from the date of final payment under the UWP. Such materials shall be made available during the specified period for inspection by the MPO, the State, the U.S. Department of Transportation and the office of the Inspector General, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. 4 Article 11. SUBCONTRACTS Any subcontract for services rendered by individuals or organizations not a part of the City's organization shall not be executed without prior authorization and approval of the MPO. Subcontracts in excess of $25,000 shall contain all required provisions of this contract. No subcontract will relieve the City of its responsibility under this contract. Article 12. TERMINATION The MPO may terminate this contract at any time before the date of completion if the governor of the State of Texas withdraws his designation of the MPO or if it is determined that the City has failed to comply with the conditions of the contract. The MPO shall give written notice to the City at least seven (7) days prior to the effective date of termination and specify the effective date of termination. The MPO may terminate this contract for reasons of its own, not subject to agreement by the City. If both parties to this agreement agree that the continuation of the contract would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions. 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 City shall, at the option of the MPO, be delivered to the MPO. The MPO shall compensate the City 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 City shall not incur new obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the City shall not be in default by reason of failure in performance of this contract in accordance with its terms ( including any failure by the City to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the City, such causes may include but are not limited to acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and E unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault of the City. Article 13. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the contract. Any increased cost arising from the termination shall be paid by the City. This agreement shall not be considered as specifying the exclusive remedy for any dispute, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Article 14. COMPLIANCE WITH LAWS The City 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 tribunal 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 MPO shall furnish the State with satisfactory proof of its compliance therewith. Article 15. SUCCESSORS AND ASSIGNS The MPO and the City 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. The City shall not assign, sublet, or transfer its interest in this agreement without the written consent of the MPO. Article 16. DEBARMENT/SUSPENSION The City 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 City 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 and, when requested by the MPO, to furnish a copy of this certification. Article 17. CITY RESOURCES All employees of the City shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any 11 employee of the City who, in the opinion of the MPO, is incompetent, or whose conduct becomes detrimental to the work, shall be removed from association with any of the MPO's projects when so requested by a duly authorized representative of the MPO. Article 18. ADDITIONAL WORK The City is not authorized to request payment for any work it may perform that is not included in the current UWP. Article 19. EQUAL EMPLOYMENT OPPORTUNITY The City agrees to comply with "Equal Employment Opportunity" as and as supplemented in Department Article 20. NONDISCRIMINATION Executive Order 11246 entitled amended by Executive Order 11375 of Labor Regulations (41 CFR 60). During the performance of this contract, the City, its assign and successors in interest, agrees as follows: 1. COMPLIANCE WITH REGULATIONS: The City shall comply with the regulations relative to nondiscrimination in Federally - Assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, part 21 and Title 23, Code of Federal Regulations, Part 710.405(B), 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. 2. NONDISCRIMINATION: The City, 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 procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(B) or the regulations, including employment practices when the contract covers a program set forth in Appendix B of the regulations. 3. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract, including procurement of materials or leases or equipment, each potential subcontractor or supplies shall be notified by the City of the City'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 City shall provide all information and reports required by the regulations, or 7 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 Texas Department of 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 City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Texas Department of 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 City's noncompliance with the nondiscrimination provisions of this contract, the MPO shall impose such contract sanctions as it, the State or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: • Withholding of payments to the City under the contract until the City complies, and/or • Cancellation, Termination, or suspension of the contract in whole or in part. 6. INCORPORATION OF PROVISIONS: The City shall include the provisions of paragraph 1 through 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The City shall take such action with respect to any subcontract or procurement as the State may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the city becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the MPO to enter into such litigation to protect the interests of the MPO; in addition, the City may request the State and the United States to enter into such litigation to protect the interests of the State of Texas and the United States. Article 21. AUNORITY BUSINESS ENTERPRISE 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. • The City agrees to insure that minority business enterprises as defined in 49 CFR 23, Subpart A, have the 8 maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the City 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 City 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 22. PROCUREMENT The City shall maintain written procurement procedures that meets or exceed the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments," as it may be revised or superseded. These procedures will be used for all acquisitions authorized in any UWP. Article 23. PROPERTY MANAGEMENT The City shall maintain written property management procedures that meets or exceeds the requirements of 49 CFR 18, "Uniform Administrative Requirements for Grants and Agreements with State and local governments," as it may be revised or superseded. These procedures will be used for any property acquired in whole or in part with Federal or State funds provided through this contract. Article 24. AUDIT The City shall comply with the requirements of OMB Circular A-128, "Audit Requirements for State and Local Governments," and shall promptly furnish the MPO a copy of each audit report. The City shall be responsible for any funds determined to be ineligible for Federal reimbursement, and shall reimburse the MPO the amount of any such funds previously provided to it by the MPO. �7 Article 25. AMENDMENTS Any change to one or more of the terms or conditions of this agreement shall not be valid unless made in writing and agreed to by the parties hereto before the change is implemented. Article 26. DISTRIBUTION OF PRODUCTS The City will provide a number of copies to be specified by the MPO of all information, reports, proposals, brochures, summaries, written conclusions, graphic presentations, and similar materials developed by the City and financed in whole or in part as provided herein. All reports published by the City shall contain a prominent credit reference to the MPO, the State and the U.S. Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration: Prepared in cooperation with the Steering Committee of the Lubbock Urban Transportation Study, Texas Department of Transportation, the U.S. Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration. Article 27. OWNERSHIP OF DOCUMENTS Upon completion or termination of this contract all documents prepared by the City or furnished to the City by the MPO shall be delivered to and become the property of the MPO. All such documents, photographs, calculations, programs, and other data prepared or used under this contract shall be used by the MPO without restriction or limitation of further use. Article 28. SIGNATORY WARRANTY The undersigned signatory for the City hereby represents and warrants that he is an officer of the City and that he has full and complete authority to enter into this contract on behalf of the City. 10 IN WITNESS WHEREOF, the MPO and to be executed, but the contract a_Au.Ly authorized representative R. Latiaston ATTEST: ;! � 5� a SX Sally ill Abbe Acting City Secretary Al" AS TO CO ENT: LarryV Hoff n Direct of Transp rtation APPROVED AS TO FORM: 4. J . jVorth Fullingim As istant City Attorney the City have cause this contract shall not be valid until signed by of each part. THE MPO By io:��i '4ji A on Brazel , Ch irman By ZZ dA QX GZ J. Marsha H. Allen Transportation Planner For the purpose of this agreement, the following addressed shall be used to mail all required notices, reports, claims, and correspondence: FOR THE CITY: Mayor City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 FOR THE MPO: Director of Transportation City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 11 LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION David R. Langston (Negotiated Contracts) (insert name of certifying official) being duly sworn or under penalty of perjury under the laws of the United States, certifies that neither the City of Lubbock nor its 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: Signature of c i ►g official, Da"vAd Rel Langstf ), Mayor Title December 17, 1992 Date of Certification ATTACHMENT "A" The city of Lubbock will be responsible for the following: 1. Providing a Transportation Planning Director for the MPO and will be responsible for administering the Section 112 and the Section 8 funds on behalf of the MPO. The Transportation Planning Director will be responsible to the Policy Advisory Committee or their designee. This person will be responsible for the following: a. Preparing and updating, in cooperation with the MPO, the Unified Work Program, the Transportation Improvement Program, and the Long -Range Transportation Plan. b. Preparing and maintaining the annual program operating budget for the MPO. C. Developing and administering all contracts for the MPO including any sub -contracts between the MPO and the city of Lubbock, Lubbock County, the Texas Department of Transportation, and private consultants. d. Arranging for committee meetings and providing an agenda and all needed information to committee members in advance. e. Carrying out all procedures including but not limited to, Public Involvement, Procurement, and Reporting. f. Performs and supervises transportation planning technical studies and research, maintains the transportation planning database. 2. Soliciting a contractor to perform a sign inventory study. This information will then be entered into a database for use by the Traffic Engineering Department. 3. Purchasing of an Automated Sign Inventory system and software. These systems should be purchased in a timely manner and any delays should be reported to the Transportation Planning Director. 4. The City Transit Department is responsible for the completion of Task 301 in the UWP. Any postponements or delays should be reported to the Transportation Planning Director. 5. Maintaining a Land Use database for projecting traffic volumes in the Metropolitan Area. 6. The purchase of a Geographic Information System for use by the city planning staff as well as MPO staff. All rules and regulations should be followed in procuring this system. Any delays in the purchase of this system should be reported to the Transportation Planning Director.