HomeMy WebLinkAboutResolution - 2022-R0138 - Transportation Development Credit Agreement TxDOT Project #TDC2120(05)Resolution No. 2022-RO138
Item No. 7.26
March 22, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, or his designee, is hereby authorized to execute a
Transportation Development Credit Agreement, Texas Department of Transportation Project #
TDC 2120 (05), by and between the City of Lubbock and the Texas Department of
Transportation, and all related documents. Said Agreement is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council on
ATTEST:
�R C&4:C'e- Al-�
Rebe ca Garza, City Secr t
APPROVED AS TO CONTENT:
Bill HowcAonAssistant
APPROVED AS TO FORM:
Iv --
Ryan Br oke, Assistant City Attorney
RES. Citibus TxDOT TDC Agreement
3.4.22
March 22, 2022
DANIEL M. POPE, MAYOR
Resolution No. 2022-RO 13 8
AGREEMENT: PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC)
SUBRECIPIENT: Lubbock, City of
TXDOT PROJECT #: TDC 2120 (05)
NOT RESEARCH AND DEVELOPMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
TRANSPORTATION DEVELOPMENT CREDITS (TDC)
AGREEMENT
THIS TDC AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the "State" and Lubbock, City of, called the "Subrecipient".
WITNESSETH
WHEREAS, on May 9, 1995, FTA published notice in the Federal Register describing innovative
financing techniques that could be utilized to enhance the effectiveness of capital investment programs;
and,
WHEREAS, Title 23 U.S.C. §1206) permits states to use certain toll revenue expenditures generated
and used by public, quasi -public and private agencies, to build, improve or maintain highways, bridges,
or tunnels that serve the public purpose of interstate commerce, provided that the agencies have built,
improved or maintained those facilities without federal funds, as credit toward the non-federal matching
share of programs authorized by Title 23 (except for the Federal Highway Administration's emergency
relief program funds) and for transit programs authorized by Chapter 53 of Title 49; and,
WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist agencies in
procuring aid for the purpose of establishing and maintaining public and mass transportation projects as
defined under Texas Transportation Code Chapter 456; and,
WHEREAS, the Texas Transportation Commission approved Minute Order Number 115550 authorizing
the Subrecipient to use TDC towards the non-federal matching share of public transportation projects,
allowing these credits to be all or part of the required percent of local matching funds;
WHEREAS, The Public Transportation Division awarded TDC by letter, dated August 20, 2021, to the
City of Lubbock for the Lubbock urbanized area for the specific project as identified in this application.
NOW THEREFORE, the State and Subrecipient agree as follows:
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This TDC Agreement becomes effective when fully executed by both parties or on 02/14/2022, whichever
is later. This TDC Agreement shall remain in effect until 12/31/2023, unless terminated or otherwise
Lubbock, City of TXDOT PROJECT#:TDC 2120 (05)
Transportation Development Credits Page 1 of 4 Revised 01/23/2014
modified in an Amendment. Any cost incurred before or after the contract period shall be ineligible to be
reimbursed with TDC.
ARTICLE 2. PROJECT DESCRIPTION
A. The Subrecipient shall complete the public transportation project described in Attachment A -
Approved Project Description. Attachments A is attached to and made a part of this agreement. The
Subrecipient shall complete the project in accordance with all applicable federal and state laws and
regulations.
B. If applicable, the Subrecipient shall begin competitive procurement procedures by issuing an
invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this
grant agreement for the purchase of the approved line items referenced in Attachment A. No later
than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all
bids or privately review proposals. The Subrecipient shall enter into a binding agreement with a
supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The
Subrecipient shall notify the department in writing when it is necessary to exceed these deadlines.
ARTICLE 3. COMPENSATION
The maximum TDC amount available under this Agreement without modification is 120,415
Transportation Development Credits, provided that expenditures are made in accordance with the
amounts and for the purposes authorized in Attachment A.
Invoices are to be submitted electronically through the eGrants system.
ARTICLE 4. AMENDMENTS
Changes in the scope, objectives, cost, or duration of the project authorized in this agreement shall be
enacted by written amendment approved by the parties before additional work may be performed or
additional costs incurred. Any amendment must be executed by both parties within the grant period
specified in the above Article 1, Grant Time Period.
ARTICLES. SUCCESSORS AND ASSIGNS
The Subrecipient binds themselves, their successors, assigns, executors and administrators in respect
to all covenants of this agreement. The Subrecipient shall not sign, sublet, or transfer their interest in this
agreement without the written consent of the State.
ARTICLE 6. SIGNATORY WARRANTY
Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of
the entity represented.
Lubbock, City of TXDOT PROJECT#:TDC 2120 (05)
Transportation Development Credits Page 2 of 4 Revised 01/23/2014
THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate.
THE SUBRECIPIENT
Daniel Pope
Signature
Mayor
Title
Feb 22 2022 2:33PM
Date
THE STATE OF TEXAS
Eric Garcia
Signature
Public Transportation Coordinator
Title
Apr 15 2022 9:16AM
Date
List of Attachments
A —Approved Project Description
Lubbock, City of TXDOT PROJECT #:TDC 2120 (05)
Transportation Development Credits Page 3 of 4 Revised 01/23/2014
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
The City of Lubbock received Section 5339 funds for the Lubbock urbanized area. The TDC award will
be used as soft match at the 85/15 ratio for the Federal Award amount of $802,767 distributed by FTA for
fleet replacement. The federal funds were awarded under the grant number TX-2021-118.
Lubbock, City of TXDOT PROJECT#:TDC 2120 (05)
Transportation Development Credits Page 4 of 4 Revised 01/23/2014