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HomeMy WebLinkAboutResolution - 3233 - Contract - TDHPT - Operating & Capital Assistance, Citibus - 10/24/1989Resolution # 3233 October 24, 1.989 Item #18 PREPARED BY: Citibus DATE: 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 Financial Assistance contract with the State of Texas to August 31, 1990, on Project No. TX -90-X165, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this (aneue--tsoyo, ;ui ty 5ecrerary 24thJay of October , 1989. r B.C. McMin Aa- or APPRO ED AS TO CONTENT: Larry V. Yfman, Di nor of Transportation APPROV D AS TO FORM: J. Wo h Fullingim, Assistant Cite ttorney Revised 9/15/89 PROJECT NUMBER: CONTRACT #: PUBLIC TRANSPORTATION CONTRACT THE STATE OF TEXAS X THE COUNTY OF TRAVIS X THIS CONTRACT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, and the City of Lubbock, hereinafter called the Contractor. W I T N E S S E T H WHEREAS, the State is the administering agency for the State Public Transportation Fund as prescribed by Article 6663c, V.T.C.S.; and WHEREAS, the Contractor desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; and WHEREAS, the State is authorized under Article 6663b, V.T.C.S., to assist the Contractor in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects, hereinafter called the Project; and WHEREAS, the State Highway and Public Transportation Commission passed Commission Minute Order No. 89210 authorizing the State to enter into the necessary agreements with the Contractor for funding public transportation projects; and NOW, THEREFORE, in consideration of the premises and of the mutual convenants hereinafter set forth, the parties hereby agree as follows. A G R E E M E N T ARTICLE 1. CONTRACT PERIOD This Contract becomes effective on the final date of execution by the State's Public Transportation Director and will be completed on or before August 31, 1990, unless terminated or modified as hereinafter provided. Work performed or expenses incurred prior to the execution date of this Contract will not be eligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shall comply with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. The Contractor shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable without modification to this Con- tract is $196,250.00. The State will reimburse the Contractor for the authorized costs incurred in carrying out this project, which are further described in Attachment A. The maximum amount payable under the Contract is subject to the availability of appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient State funds are not available to pay the Contractor's claims. B. To be eligible for reimbursement under this Contract, a cost must be incurred within the contract period as specified in Article 1 above and be included in the project budget in Attachment A. C. Payment will be based on actual costs incurred in confor- mance with Attachment A, and will be made in accordance with cost principles outlined in Office of Management and Budget (OMB) Circular A-87. D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the Contractor that have the effect of reducing the cost actually incurred. In particular, fares and other passenger revenues shall be so identified on the Contractor's billing to the State. 2 � f A G R E E M E N T ARTICLE 1. CONTRACT PERIOD This Contract becomes effective on the final date of execution by the State's Public Transportation Director and will be completed on or before August 31, 1990, unless terminated or modified as hereinafter provided. Work performed or expenses incurred prior to the execution date of this Contract will not be eligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shall comply with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. The Contractor shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical and efficient manner in accordance with the provisions of Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable without modification to this Con- tract is $196,250.00. The State will reimburse the Contractor for the authorized costs incurred in carrying out this project, which are further described in Attachment A. The maximum amount payable under the Contract is subject to the availability of appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient State funds are not available to pay the Contractor's claims. B. To be eligible for reimbursement under this Contract, a cost must be incurred within the contract period as specified in Article 1 above and be included in the project budget in Attachment A. C. Payment will be based on actual costs incurred in confor- mance with Attachment A, and will be made in accordance with cost principles outlined in Office of Management and Budget (OMB) Circular A-87. D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the Contractor that have the effect of reducing the cost actually incurred. In particular, fares and other passenger revenues shall be so identified on the Contractor's billing to the State. 2 E. All major items of equipment, as described in the capital budget in Attachment A, shall be included in this Contract as direct costs. The Contractor hereby certifies that items of equipment included in direct costs have been excluded from the indirect costs. F. Requests for payment are to be submitted to the State no more frequently than on a monthly basis, except as noted below, on invoice statements acceptable to the State. Additional documentation to support all costs incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. The original invoice with required documentation is to be submitted to the following address: William M. Pope, P.E. State Department of Highways and Public Transportation P. O. Box 771 Lubbock, Texas 79408-0771 G. The State will make payment within thirty days of the receipt of properly prepared and documented requests for payment. H. The Contractor will submit a final billing within forty-five days of the close of the Contract termination date as specified in Article 1 above. I. The Contractor shall make payments promptly to all subcon- tractors and suppliers. Failure to do so will be grounds for termination of this Contract by the State. The State shall not be responsible for the debts of the Contractor. ARTICLE 4. CONTRACT AMENDMENTS Changes in the scope, objectives, cost, or duration of the pro- ject authorized herein shall be enacted by written amendment approved before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the Contract period as specified in Article 1. ARTICLE 5. SUBCONTRACTS Any subcontract for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts in excess of $10,000 shall contain all required provisions of this Contract. No subcontract will relieve the Contractor of its responsibility under this Contract. 3 ARTICLE 6. RECORDS AND AUDITS A. The Contractor agrees to maintain financial records, supporting documents, statistical records, and all other pertinent records to this Contract to the extent and in such detail as is required by 49 CFR 18, which requirements are hereby made a part of this Contract. B. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives shall have access to the records described in Paragraph A above at all reason- able times during the contract period and for the period set forth in Paragraph C below for the purpose of making audits, examinations, excerpts and transcripts. C. Financial records, supporting documents, statistical records and all other records pertinent to the Contract shall be re- tained for a period of three years from final payment, with the following qualifications: (1) If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigations, claims, or audit findings involving the records have been resolved. (2) Records for nonexpendable property acquired in whole or in part with State funds shall be retained for three years after its final disposition. (3) When records are transferred to or maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the Contractor. D. The Contractor further agrees to include these provisions in each negotiated subcontract. E. The Contractor shall comply with the requirements of the Single Audit Act of 1984, P. L. 98-502, ensuring that the single audit report covers the requirements as outlined in OMB Circular A-128, "Audits of State and Local Governments". ARTICLE 7. FINANCIAL MANAGEMENT SYSTEMS The Contractor's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR 18). Those requirements include, but are not limited to: A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. 4 B. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income. C. Effective control over and accountability for all funds, property, and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each contract and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the State. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. ARTICLE 8. PROCUREMENT STANDARDS The Contractor's procurement procedures shall meet or exceed the requirements of 49 CFR 18. The Contractor shall have written selection procedures which meet the minimum requirements of that document. ARTICLE 9. PROPERTY MANAGEMENT The Contractor agrees to comply with the property management standards specified in 49 CFR 18 in its control, use, and disposition of property or equipment governed by those standards. ARTICLE 10. LABOR PROTECTION PROVISIONS The Contractor agrees to undertake, carry out and complete the project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended. ARTICLE 11. CHARTER AND SCHOOL BUS OPERATIONS A. The Contractor, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the project area within which it provides regularly scheduled public transportation service, except as provided under 5 Section 3(f) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth at 49 CFR Part 604 and any amendments that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. B. The Contractor, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided under Section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 USC 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. ARTICLE 12. MONITORING AND REPORTING A. The Contractor shall submit quarterly performance reports that provide as a minimum the following: (1) A comparison of actual accomplishments to the goals established for the period. (2) Reasons why established goals were not met. (3) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. The Contractor shall promptly advise the State in writing of events which have a significant impact upon the Contract, including: (1) Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be Accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. ARTICLE 13. DISPUTES A. The Contractor shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. All settlements must be acknowledged to the State prior to final 6 Y payment being rendered for said procurements. B. Should a dispute arise as to the Contractor's responsibili- ties under this contract, the State's decision shall be final and binding. ARTICLE 14. REMEDIES Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract and any increased cost arising from Contractor's default, breach of contract, or violation of terms shall be paid by the Contractor. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 15. TERMINATION A. The State may terminate this Contract at any time before the date of completion whenever it is determined that the Contractor has failed to comply with the conditions of the Contract. The State shall give written notice to the Contractor at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for the termination. B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the Contract is warranted, a new Contract must be developed and executed by both parties. C. Upon termination of this Contract, whether for cause or at the convenience of the parties hereto, the State shall retain unlimited and royalty free usage rights of all finished or unfinished documents, data surveys, reports, maps,' drawings, models, photographs, etc., prepared by the Contractor. D. The State shall compensate the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed portion of the work covered by this Contract, provided that the work has been completed in a manner satisfactory and acceptable to the State. The Contractor shall not incur new obligations for the terminated portion after the effective date of termination. E. Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in 6 performance of this Contract in accordance with its terms, including any failure by the Contractor to progress in the performance of the work. Failure on the part of the Contractor to fulfill its obligations as set forth in this Contract will be waived by the State for causes due to the acts of God or force majeure. ARTICLE 16. GENERAL PROVISIONS A. CIVIL RIGHTS During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations: The Contractor shall comply with the regulations relative to non- discrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21 and 23 CFR 710.405(b), as they may be amended from time to time (hereinafter, referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not partici- pate either directly or indirectly in the discrimina- tion prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall per- mit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Urban Mass Transporta- tion Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and 8 instructions. Where any information required of a con- tractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the Urban Mass Transportation Administration, as appro- priate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the State shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the contract until the Contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant there- to. The Contractor shall take such action with respect to any subcontract or procurement as the State or the Urban Mass Transportation Administration may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided, how- ever, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such liti- gation to protect the interests of the United States. B. NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Contractor shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Pro- grams and Activities Receiving or Benefitting from Federal Financial Assistance, set forth at 49 CFR Part 27, and any amendments thereto. C. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS 9 D. E. F. It is the policy of the Department of Transportation that Minority Business Enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the Minority Business Enterprise requirements of 49 CFR Part 23 apply to this Contract as follows: The Contractor agrees to insure that Minority Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to insure that minority business enterprises have the maximum opportunity to compete for and perform con- tracts. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after the notification of the State, may result in termination of the contract by the State or other such remedy as the State deems appro- priate. EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR, Part 60). AFFIRMATIVE ACTION The Contractor warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2) have been developed and are on file. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). 10 G. H. I. (2) Copeland "Anti -Kickback" Act The Contractor agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). (3) Davis -Bacon Act The Contractor agrees to comply with the provisions of the Davis -Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). (4) Relocation and Land Acquisition The terms of the Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this Contract. (5) Signs The Contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. INSURANCE The Contractor shall, as a minimum, follow the insurance requirements normally required of State and local govern- ments. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY The Contractor agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857[h]); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency Regulations (40 CFR, Part 15). ' The Contractor further agrees to report violations to the State. The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). CONTROL OF DRUG USE The Contractor agrees to comply with the terms of the Urban Mass Transportation Administration regulation, "Control of Drug Use in Mass Transportation Operations", set forth at 49 CFR Part 653. 11 J. K. L. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs", set forth at 49 CFR Part 29, are applicable to this contract and the Contractor must complete the Contractor Certification which is included as Attachment B. Further, any subcontractor employed by the Contractor is also bound by the terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower Tier) form. PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. No member, tenure or direct or thereof. officer or employee of the Contractor during his one year thereafter shall have any interest, indirect, in this Contract or the proceeds State Highway and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts, or favors from any person doing business or who reasonably speaking may do business with the State under this Contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State Engineer -Director for Highways and Public Transportation. Any persons doing business with or who may reasonably speaking do business with the State under this Contract may not make any offer of benefits, gifts, or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in the termination of this Contract. ASSURANCES The Contractor assurances executed in Project application Standard Form 424 as prescribed in 49 CFR 18, are hereby ref- erenced and made a part of this contract, along with the following: (1) The Contractor will comply with Article 5996a, V.T.C.S., by insuring that no officer, employee, or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or confirm the employment of any person related within the second 12 degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) The Contractor will insure that all information collected, assembled, or maintained by the applicant relative to this Project shall be available to the public during normal business hours in compliance with Article 6252-17a, V.T.C.S., unless otherwise expressly provided by law. (3) The Contractor will comply with Article 6252-17, V.T.C.S., which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. M. PATENT RIGHTS If any invention, improvement or discovery of the Contractor or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this project, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State under Article 15.0 above;' the Contractor shall immediately notify the State and provide a detailed report. The rights and responsibilities of the Contractor, subcontractors and the United States Government with respect to such invention will be determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof. Further, the Contractor shall comply with the provisions of 41 CFR, Part 1-9. N. COPYRIGHTS The State and the United States Department of Transportation shall have the royalty -free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for government purposes. O. INDEMNIFICATION To the. extent permitted by law, the Contractor shall indemnify and save harmless the State from all claims and liability due to activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the Contractor 13 r or of any person employed by the Contractor. The Contractor shall also save harmless the State from any and all ex- penses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Contractor, its agents, or employees. - Such indemnity shall also apply where claims, losses, damages, causes of action, suits, or liability arises in whole or in part from the negligence of the State. P. SUCCESSORS AND ASSIGNS The Contractor binds itself, its successors, assigns, executors, and administrators in respect to all covenants of this agreement. The Contractor shall not sign, sublet, or transfer its interest in this agreement without the written consent of the State. Q. CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that it is not an agent, servant, or employee of the State and is responsible for its own acts and deeds and for those of its agents or employees during the performance of the contract work. R. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. S. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respect- ing the within subject matter. 14 IN TESTIMONY WHEREOF, presents to be executed. STATE OF TEXAS the parties hereto have caused these Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and au- thorized by the State Highway and Public Transportation Commission under the authority of Minute Order 89210. CITY OF LUBBOCK By: C.r / •G e'/�� B. C. MCMINN Title: Mayor Date: October 24, 1989 I ResolutionAatd1X ( M No..,, ' 3233 APPROVED: ATT Rane to Boyd City Secretary, City of Lubbock By. APP OVED AS TO CONTEN Director, Public Transportation Date: Larry Hoffman Director of Transpor ion RECOMMENDED FOR EXECUTION: City of Lubbock APPROVED AS TO FORM: District Engineer, District 5 4mysof th Fullingim ant City Attorney Lubbock 15 GRANTEE: City of Lubbock PROJECT NUMBER: CONTRACT NUMBER: ATTACHMENT A PUBLIC TRANSPORTATION CONTRACT BUDGET SUMMARY DESCRIPTION FEDERAL % STATE % LOCAL % TOTAL Planning S 100,000.00 80 S 16,250.00 13 S 8,750.00 7 $125,000.00 Capital -0- -0- •0_ •0 - Operating $1,130,000.00 50 $180,000.00 8 $950,000.00 42 $2,260,000.00 TOTAL $1,230,000.00 $196,250.'00 $958,750.00 52,385,000.00 GRANTEE: City of Lubbock PROJECT NUMBER: CONTRACT NUMBER: DESCRIPTION Planning Capital Operating ATTACHMENT A PUBLIC TRANSPORTATION CONTRACT BUDGET SUMMARY FEDERAL % STATE % LOCAL % TOTAL E 100,000.00 80 E 16,250.00 13 S 8,750.00 7 :125,000.00 -0- -0- -0- -0- 51,130,000.00 50 5180,000.00 8 $950,000.00 42 $2,260,000.00 TOTAL $1,230,000.00 $196,250.00 $958,750.00 $2,385,000.00 Prepared by: John L. Wilson Title: General Manager Date: May 4, 1989 PROJECT BUDGET For the Period: October 1, 1989 to September 30, 1990 Transit Operator: City Transit Management Company, Inc. Designated Recipient: City of Lubbock, Texas (1) Contract Costs Labor $1,202,500 Fringe Benefits 525,550 Services 333,150 Materials 514,630 Utilities 49,790 Casualty & Liability 112,650 Taxes 48,880 Miscellaneous 101,900 Interest Expense 59950 TOTAL OPERATING COSTS $2,895,000 $2,895,000 (2) Less Eliminations Non—Mass Transportation Expenses Technical Studies $125,000 TOTAL ELIMINATIONS $125,000 $125,000 (3) Eligible Operating Expenses $2,770,000 (4) Less Farebox Revenue $5100000 (5) Net Project Costs $2,260,000 (6) Local Share City of Lubbock $646,360 State Funding 180,000 University Student Funds 292,850 Guarantee (United Shopper) 10,790 TOTAL LOCAL SHARE $1,130,000 $1,130,000 (7) Net Expenses Advance on Operations Before Applying UMTA Funds $1,130,000 (8) UMTA Funds Requested $1,130,000 Prepared by: John L. Wilson Title: General Manager Date: May 4, 1989 Section 9 Program Budget Urbanized Area: Lubbock, Texas Designated Recipient: City of Lubbock Grantee: City of Lubbock A. Planning FY 1989-90 Technical Studies $125,000 Federal Share (80%) 100,000 Local Share (20%) 25,000 B. Operating FY 1989-90 Operating Assistance $2,2609000 Federal Share (50%) 1,130,000 Local Share (50%) 1,130,000 C. TOTAL FEDERAL FUNDS REQUESTED $1,230,000 grant\opbud.wkl BUDGET INFORMATION GRANTEE: The City of Lubbock PROJECT BUDGET LINE ITEM TOTAL Personnel 30,000 Fringe Benefits 6,000 Equipment 15,000 Contractual 74,000 TOTAL 1125,000 SUMMARY TASK BUDGET TECHNICAL ACTIVITY Review of Citibus' Cash Handling Procedures: 7,500 The comprehensive review will include a fare analysis, with the intent of creating a ten percent increase in farebox revenues; an on- board security check to identify potential problems with both fixed route and DRS fare handling procedures; review of in-house procedures for receiving and depositing cash; and specifications for registering fareboxes. This portion of the study will be conducted by a consultant; the project budget includes the development of a Request for Proposal. Comprehensive Analysis of the Maintenance $15,000 Department: 'The review will include recommendation on the fleet and equipment; staffing levels and staff development; and facility improvements. This portion of the study will be conducted by a consultant; the project budget includes the development of a Request for Proposal. Analysis of the Demand Response Service: $40,000 This analysis will include reviewing the overall efficiency of the system and making recommendation for improvements and preparation of specifications for a management information system to assist in dispatching. The project also includes the purchase and installation of the management information system and training for personnel who will use the system. This portion of the study will be conducted by a consultant; the project budget includes the development of a Request for Proposal. Comprehensive Operational Analysis: $35,000 This study will include a complete on -board study of all the routes in the system, and a series of implementable recommendations for operational improvements in the system. Citibus' fixed routes have not been substantially changed since 19799 and it is likely that changes to improve operational efficiency can result in increased utilization of the system. The project is to include design easily -read route and schedule information and the production of the camera- ready art for new route maps and schedules. This portion of the study will be conducted by a consultant; the project budget includes the development of a Request for Proposal. Safety/Drug Control Planning: $ 5,000 In order to maintain compliance with Federal rules on the control of drug use in transit operations, Citibus will develop and fully implement a program which includes the following components: collection and testing procedures; chain of custody and confidentiality; random tests, employee training; assistance and rehabilitation; and local legal and regulatory requirements. Alternative Financial and Operational Scenarios: 79500 :Maintain a five year financial plan and an operations contingency plan. The financial plan defines the amount of resources required to continue the current level of service in the future. The contingency plan provides an implementation plan in the event of a reduction in or loss of federal operating assistance. Identification of new funding sources and -proposed service. level changes would include appropriate private sector participation. In addition, the plan will include analyses of existing and potential revenue sources reflecting long term availability, sensitivity to economic cycles, and other factors; forecasts of baseline transit costs (capital, operating, Y ITS 0 maintenance, and modernization) for assistance in making service and investment decisions. Monitor System and Service Development: $ 6,000 Conduct an on-going program of monitoring and evaluating the efficiency of the system's route and schedule, maintenance, and management's performance. Periodic comprehensive analyses and special, one-time projects/studies will complement the on-going program. Maintenance of Eligibility: $ 4,000 Prepare and/or coordinate activities in the areas of: Title VI Certification, Disadvantaged Business Enterprise Participation, Section 5049 FY 1991's Unified Work Program and Transportation Improvement Plan. Training and Professional Development: $ 50000 This program will allow Citibus' management staff and operations and maintenance personnel to attend seminars, schools, training sessions, and conferences to further their education and professional development. PROJECT FINANCING Federal Grant (80%) $100,000 Local Share (20%) 25,000 TOTAL $125,000 CASH DISBURSEMENT SCHEDULE FY 1990 First Quarter $30,625 Second Quarter 55,625 Third Quarter 25,625 Fourth Quarter 13,125 Lower Tier Participant Debarment Certification (Negotiated Contracts) , U, Co ( IV IV , being duly sworn linsert name of certifying official) or under penalty of perjury under the 1 ws of the United States, certifies that neither 1 LL nor its insert name of lawor ties parlicipantl 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: Title Mayor October 24. 1989 , Pate ofcertjfic�S`olo Form: Approved As To Co tent: Attest::: Approve G�t/Yzw J.Ao th Fullingim V Larryo fma Rane t Boyd Ass ant City Attorney Direct r of Tr nsportation City Secretary Certification Information This certification is to be used by contractors pursuant to 49 CFR 29 when any of the . following occur: • any transaction between the contractor and a person (other than a procurement contract for goods and wvices), regardless of type, under a primary covered transaction , : f ► 1 ' ► • any procurement contract for goods or services when the estimated cost is $25,000 orinore ` • - _ % . • any procurement contract for goods or services between the contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control over that covered trans- action. Such persons include principal investigators and providers of federally -required audit services. AProcurement transaction is the process of acquiring goods and services. A nonProcccrement transaction is the granting offinancial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor. A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO AUTHORIZED REPRESENTATNES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST, Contractor Certification M AYh A 6. C-, UC. Nit IV being (1) duly sworn or under penalty of perjury under the 1 ws of the Unite States, certifies that,•except as noted below; �__. • eC� .•„: or (2) any person associated therewith in the capacity ofowner, partner, director, officer, principal investigator, project director, manager, auditor, or any position involving the administration of federal funds: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. Exceptions: ame of certifying official B.C. McMinn Title Mayor (3) (4) October 24, 1989 Date Appr ved as to Content: st:. Approved As To Form: ,q, Wola G — J. Mrth Fullingim Larry Hotf an a oy Assistant City Attorney Direct r of Tr asportation City Secretary Instructions For Completion Contractor Certification (1) Insert name of person completing the form; this pei must, be an authorised � - . . official of the contractor. . (2) Insert the name of the contracting firm.. , (3) Insert any excceptions (4) Proceed with execution.