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HomeMy WebLinkAboutResolution - 2536 - Contract - TDHPT - Purchase Of Varied Vehicles & Motors - 03/12/1987JWF: js RESOLUTION Resolution #2536 March 12, 1987 Agenda Item #22 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 State Contract No. 507XXF6005R122386 regarding Project No. TX. -90-0069 related to Transit matters, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 12th day of March , 1987. 'B. C. McMINN, MAYOR ATT nette Poyd, City Secretary APPROVED AS TO CONTENT: Larry Vffman, it or of Transpc64tion APPROVED AS TO FORM: Af /J*/,4,4t ✓ s wl J. orth Fullingim, Assist t City A orney THE STATE OF TEXAS THE COUNTY OF TRAVIS This contract is made between the the State Department of Highways and Brazos, Austin, Texas 78701 and the City of Lubbock, P. 0. E hereinafter called the Recipient. Recipient: City of Lubbock Project No: TX -90-0069 State Contract No.: 607XXF6005 R122386 State of Texas, acting through and Public Transportation, 14th , hereinafter called the State, ox 2000, Lubbock, Texas 79457, In consideration of the premises and the mutual agreements and covenants of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and Recipient do mutually agree as follows: Article 1. Limitation of Liability The State does not purport to have sufficient funds to pay all claims that may be submitted for payment during FY 86 and FY 87 by the Recipient. The State will not pay Recipient's claims if sufficient funds are not available. The state shall have no liability for any claim submitted by the Recipient or its subcontractors, vendors, manufacturers, or suppliers if sufficient funds are not available to pay Recipient's claims. If any claim submitted by the Recipient during the contract period established in Article 2 and/or during the sixty days following the termination of this contract is not paid within ninety days of the end of the fiscal year in which the cost is incurred, the State shall not be liable for payment at a later date. Recipient expressly waives any further claim if sufficient funds are not available to the State for payment of Recipient's claim. The Recipient shall indemnify, defend, and hold the State harmless from any and all claims and lawsuits by third parties arising from or incident to the state's nonpayment of Recipient's claims under this contract. This indemnification, defense, and hold harmless agreement by Recipient includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the State's nonpayment of claims submitted under this Contract. The PAGE 1 OF 4 Recipient shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental theretov but the State shall have the right at its option to participate in the defense of any suit, without relieving the Recipient of any obligation hereunder" All following terms, conditions and agreements are subject to this limitation of liability without regard to other provisions to the contrary. Article 2~ Contract Period This contract becomes effective when fully executed by both parties and will be completed on or before August 31, 19B7, unless terminated or modified as hereinafter provided. Work performed or expenses incurred prior to the execution date pf this contract will not be eligible for reimbursement. Article 3. Contract Amount The maximum amount payable without modification to this contract is Twelve Thousand Three Hundred Eighty -Three Dallas ($129383.00) as authorized in Commission Minute Order 85485. Article 4. Project Description A. The Urban Mass Transportation Administration approved Federal participation in the project, identified the project as TX -90-0()69, and duly executed a contract with the Recipient. B. The project shall consist of the purchase, construction, and/or installation o+ the following: 1) one supervisory automobile, 2) one maintenance truck, 3) one spare bus engine and transmission, 4) support and maintenance equipment (pressure washer, radar run, tools, equipment, and bus route signs), 5) administration cost, and 6) contingency. Article 5. Project Funding The State will provide up to sixty-five percent of the local share requirement of the actual net project cost as determined by the State, provided, however, that the maximum amount payable PAGE 2 OF 4 identified in Article 3, Contract Amount, is not exceeded. The Urban Mass Transportation Administration will provide up to eighty percent of the project cost and the Recipient will provide the balance of the local share. Article 6. Project Payments A. The State will make payments to the Recipient within thirty days after receipt of a properly prepared and executed Form 132, supporting invoices showing quantities, price, extensions, and totals, and a summary of all authorized costs showing expenditures by budget line items. The Recipient is authorized to submit requests for reimbursement no more frequently than monthly. B. Payments will be based on actual costs incurred in conformance with Attachment A, Project Budget, and will be made in accordance with cost principles outline in OMB Circular A-87. C. The Recipient will submit a final billing within sixty days of the close of the State's fiscal year during which the project is completed. D. Any monies made available to the Recipient for the project, other than the project funding identified in Article 5, Project Funding, shall be shown on the request for reimbursement following receipt of such monies and subtracted from the amount requested. All such income shall be applied to the objectives of the project. Article 7. Contract Amendment Changes in the scope, objectives„ character, cost or complexity of the project described in Article 4, Project Description, shall be enacted by written amendment before additional costs may be incurred or work performed if such additional costs or work is to be eligible for reimbursement. Article 8. Additional Contract Provisions The Recipient agrees to comply with the terms and conditions established in Attachment B, Additional Contract Provisions. PAGE 3 OF 4 Article 9. Recipient Acknowledgement The Recipient acknowledges that it is not an agent, servant or employee of the State, and is responsible for its own acts and deed and for those of its agents or employees during the performance of the contract work. Article 10. Signatory Warranty The signatory for the Recipient warrants that she/he has full and complete authority to enter into this contract on behalf of the Recipient. STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs hereto approved and authorized by the State Highway and Public Transportation Commission. APPROVED: CITY OF LUBBOCK C BY • .. C inn TITLE: --- DATE : —MarcrLj2 J-9$Z� --- APPROVED AS TO CONTENT State Transportation Larry H fman, ire r of Planning Engineer Transk6ortation Execution MAR 1 Oj 19V Date: RECOMMENDED FOR EXECUTION: District Engineer, Di trict 5 APPROVED AS TO FORM: J. Wo th Fullingim As' tant City Attorney °� T Date:3-0 ��/_.___-- ATESTEST: ne te oy , i y erre ary PAGE 4 OF 4 e i ATTACHMENT A PROJECT BUDGET RECIPIENT: CITY OF LUBBOCK PROJECT NUMBER: TX -90-0069 STATE CONTRACT NUMBER: LINE ITEM # DESCRIPTION 11.42.11 2 SUPPORT VEHICLES I SUPERVISORY AUTOMOBILE 1 MAINTENANCE TRUCK 11.42.06 PRESSURE WASHER 11.12.40 SPARE ENGINE 11.12.40 SPARE TRANSMISSION 11.42.06 RADAR RUN 11.42.06 TOOLS AND EQUIPMENT 11.32.09 BUS ROUTE SIGNS 12.79.00 ADMINISTRATIVE COSTS 41.20.07 CONTINGENCY GROSS PROGRAM COST: REVENUE FINANCING: NET PROGRAM COST: LOCAL SHARE STATE SHARE LOCAL MATCH (20%) FEDERAL SHARE (80%) GROSS PROJECT $95,255.00 0 $95,255.00 $6,668 12,383 ------------ 19,051 76,204 ------------ $95,255 AMOUNT 25,000 2,400 16,400 18,000 1,500 8,930 15,000 3,664 4,361 $95,255 i ADDITIONAL CONTRACT PROVISIONS 1. RECORDS: 112686 ATTACHMENT B A. The Recipient agrees to maintain financial records, supporting docu- ments, statistical records, and all other records pertinent to this contract to the extent and in such detail as is required by the Uniform Grant and Contract Management Standards, Chapter II, Attachment C, 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 reasonable times during the contract period and for the period set forth in paragraph C below for the purpose of making audits, examinations, excerpts, and transcripts. C. Financial records, supporting documents, statistical records, and all other records pertinent to the contract shall be retained for a period of three years, 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 dispo- sition. 3. When records are transferred to or maintained by the State spon- soring agency, the three-year retention requirement is not appli- cable to the Recipient. D. The Recipient further agrees to include these provisions in each nego- tiated subcontract. 2. STANDARDS FOR CONTRACTOR FINANCIAL MANAGEMENT SYSTEMS: Recipient financial management systems shall meet or eg&eed the requirements of the Uniform Grant and Contract Management Standards, Chapter II, Attachment G. Those requirements include, but are not limited to: A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with State reporting requirements. B. Records which identify adequately the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays, and income. C. Effective control over and accountability for all funds, property, and other assets. The Recipient 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 rela- tion of financial information to performance or productivity data, including the production of unit cost information whenever appropriate and required by the grantor agency. 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. 3. MONITORING AND REPORTING: A. The Recipient 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, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. Recipient shall submit a final report within 90 days after completion of the contract. C. Recipient 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 accom- panied 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. D. The Engineer -Director of the State Department of Highways and Public Transportation, the Texas State Auditor, or any of their duly authorized representatives 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 eva- luation is made on the premises of the Recipient or a subcontractor, the Recipient shall provide and shall require his subcontractor to provide all reasonable facilities and assistance for the and convenience of the inspectors in the performance of their duties. All inspections and eva- luations shall be performed in such a manner as will not unduly delay the work. 4. DISPUTES: A. Recipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract work. B. The State shall act as referee in all disputes regarding nonprocurement issues, and the State's decision shall -be final and binding. 5. AFFIRMATIVE ACTION: Recipient warrants that he has developed and has on file affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2). 6._- PROCUREMENT PROCEDURES: Recipient procurement procedures shall meet or exceed the requirements of the Uniform Grant and Contract Management Standards, Chapter II, Attachment 0. The Recipient shall have written selection procedures which meet the minimum requirements of that document. 7. ENERGY EFFICIENCY: Recipient 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). 8. AUDIT REQUIREMENTS: The Recipient shall comply with the requirements of the Single Audit Act of 1984, PL 98-502, ensuring that the single audit report covers the require- 'ments as outlined in OMB Circular A-128, "Audits of State and Local Governments". 9. INCORPORATION OF ASSURANCES: Recipient assurances executed in project application Standard Form 424 (Uniform Grant and Contract Management Standards, Chapter II, Attachment M) > are hereby referenced and made a part of this contract, along with the following: A. Recipient will comply with Texas Civil Statutes, Article 5996a, by insuring that no officer, employee, or member of the Recipient's governing board or of the Recipient's contractor shall vote or confirm the employment of any person related within the second degree by affi- nity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or super- vise 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 of appointment of the officer, employee, governing body member related to such person in the prohibite degree. B. Recipient will insure that all information collected, assembled, or maintained by the applicant reTative'to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. C. Recipient will comply with Texas Civil Statutes, Article 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or speci- fically permitted in the Texas Constitution. 10. TERMINATION: A. The State may terminate this contract in part or in whole at any time before the date of completion whenever it is determined that the Recipient has failed to comply with the conditions of the contract. The State shall give written notice to the Recipient 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 in whole or in part would not produce beneficial results com- mensurate 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. C. Upon termination of this contract, whether for cause or at the con- venience of the parties hereto, the State shall retain unlimited and royalty free usage rights to all finished or unfinished documents, data surveys, reports, maps, drawings, models, photographs, etc., by the Recipient. D. The State shall compensate the Recipient 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 Recipient shall not incur new obligations for the terminated portion after the effective date. E. Except with respect to defaults of subcontractors, the Recipient shall not be in default by reason of any failure in performance of this contract in accordance with its terms, including any failure by the Recipient 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 Recipient. Such causes may include, but are not restricted 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 unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Recipient. 11. REMEDIES: Violation or breach of contract terms by the Recipient shall be grounds for termination of the contract, and any increased cost arising from Recipient's default, breach of contract, or violation of terms shall be paid by the Recipient. 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. 12. INSURANCE: The Recipient shall, at a minimum, follow the insurance requirements normally required by the State and local governments. 13. PROPERTY MANAGEMENT: Recipient agrees to comply with the property management standards specified in the Uniform Grant and Contract Management Standards, Chapter II, Attachment N, in its control, use and disposition of property or equipment governed by those standards. 14. SUCCESSORS AND ASSIGNS: The Recipient binds himself, his successors, assigns, executors, and adminis- trators in respect to all covenants of this agreement. The Recipient shall not sign, sublet, or transfer his interest in this agreement without the written consent of the State. 15. EQUAL EMPLOYMENT OPPORTUNITY: Recipient agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supple- mented in Department of Labor Regulations (41 CFR, Part 60). 16. CLEAR AIR AND WATER: Recipient agrees to comply with all applicable standards, orders, or require- ments 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 Environ- mental Protection Agency regulations (40 CFR, Part 15). Recipient further agrees to report violations to the grantor agency. 17. GRATUITIES: 4 State Department of Highways and Public Transportation Commission policy man- dates 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 agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced writ- ten approval of the State Department of Highways and Public Transportation Engineer -Director. Any person doing business with or who may reasonably speaking do business with the State under this agreement may not make any offer of benefits, gifts or favors to Departmental employees, except as men- tio.ned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this agreement. 18. ANTI -KICKBACK: Recipient agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). 19. DAVIS-BACON ACT: Recipient 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, 5). 20. CONTRACT WORK HOURS: Recipient agrees to comply with Section 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).