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HomeMy WebLinkAboutResolution - 2009-R0450 - Agreement - TXDOT - Services For Expansion Of Downtown Transfer Plaza - 10_20_2009Resolution No. 2009-RO450 October 20, 2009 Item No. 5.18 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, Project Grant Agreement No. 1 CB0901(05)32 to fund Architect/Engineering services for the expansion of the Downtown Transfer Plaza (Citibus), by and between the City of Lubbock and the State of Texas acting through the Texas Department of Transportation (TxDOT), and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 20th AT"1'EST: Reba. Garza, City Secretary APPROVED AS TO CONTENT: Ja s Loomis, Assistant City Manager Transportation & Public Works APPROVED AS TO FORM: Weaver, Assistant City Attorney vw: ccd oc s/R ES.0 it i bus -Contract -Tx DOT October 6, 2009 day of October '2009. � � zo /-: �"- TOM MARTIN, MAYOR SUBRECIPIENT City of Lubbock STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5311) GRANT AGREEMENT CFDA # 20.509 PROJECT GRANT AGREEMENT #: ICB 0901(05) 32 STATE PROJECT # 51905F7313 MASTER GRANT AGREEMENT #: 517XXF7054 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL RURAL PUBLIC TRANSPORTATION COORDINATED CALL PROJECT PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Lubbock, hereinafter called the "Subrecipient." WITNESSETH WHEREAS, 49 U.S.C. Section 5311, provides that eligible recipients may receive federal funds through the Rural Public Transportation Grant Program, a federal assistance program administered by the Federal Transit Administration to enhance the access of persons living in rural areas to health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement, and use of passenger transportation systems; and, WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation (State) to receive federal funds under the Rural Public Transportation Grant Program, to administer a statewide Rural Public Transportation Grant Program, and to provide state funds to match federal funds; and, WHEREAS, the Subrecipient submitted a Fiscal Year 2009 Grant Application, Part I (GA Part 1) for state financial assistance for a rural public transportation project generally including training, technical assistance, research, or support services related to public transportation in nonurbanized areas, and the Texas Transportation Commission approved the application by Minute Order Number 111810 and, WHEREAS, the Subrecipient must execute a GA Part I and a Fiscal Year 2009 Grant Application, Part II (GA Part II) each fiscal year grant period for consideration for new state and/or federal grants. WHEREAS, a Master Grant Agreement (MGA) between the Subrecipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA: NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Subrecipient hereto agree as follows: City of Lubbock lCB 0901(05) 32 AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on September 1, 2009, whichever is later. This PGA shall remain in effect until August 31, 2010 unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Subrecipient has submitted the GA Part I to the State. The time period of this PGA cannot be extended past the MGA without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Subrecipient shall commence, carry out and complete the public transportation project described in the GA Part I and/or the attached Attachment A - Approved Project Description (Attachment A), with all practicable dispatch, in a sound, economical and efficient manner. The Subrecipient shall carryout the public transportation project described in the GA Part I and the Attachment A in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. 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 item(s) 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 amount payable under this PGA without modification is $93,750.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I, the Attachment A, and the Attachment B - Master Budget Page. The original and one copy of the invoice is to be submitted to the following address: Lynn Castle Public Transportation Coordinator Texas Department of Transportation 135 Slaton Road Lubbock 79404-5201 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in the MGA Article 1, Grant Time Period. ARTICLE 5. 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. City of Lubbock ICB 0901(05) 32 2 ARTICLE 6. 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. ARTICLE 7. 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 respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 8. INCORPORATION OF PROVISIONS. Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 9. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work pro ms heretofore approved and authorized by the Texas Tr sportation Commission. By: Lynn stle, Public Transportation Coordinator (Lubbock) Date: - List of Attachments A - Approved Project Description B - Master Budget Page CITY OF LUBBOCK By: �1�-- ignature of Authorized Officer TOM MARTIAL Typed, Printed or Stamped Name Title: MAYOR Date: October 20, 2009 City of Lubbock ICB 0901(05) 32 APPROVED RECIPIENT ATTEST: Reber a Garza City Secretary Date: October 20, 2009 AP OVED AS TO CONTENT: C Jame Loomis Assi ant City Manager Transportation & Public Works APPROVED AS TO FORM: a�z"= Chad Weaver Assistant City Attorney ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State and Federal assistance, as submitted to the State, is hereby incorporated into this agreement as part of the project description. [insert a Narrative Project Description] Subrecipient Name: City of Lubbock Project Number: ICB 0901(05) 32 Project Description: A&E for expansion of Downtown Transfer Center (multimodal) ALI 11.31.02 The City of Lubbock/Citibus will use the Section 5311 grant for architectural/engineering services to expand the Downtown Transfer Plaza. The expansion is necessary due to Citibus taking over as the Iocal agent for Greyhound. The renovation would allow for an expanded area to operate the Greyhound shipping operation, and an expanded passenger area. This expansion would allow space for tables and an eating establishment that would greatly benefit Greyhound passengers that have an extended layover in Lubbock. Publicpe a ee• Lubbock a Ti+aa pertr„waf o/ TYpnoportativn Select Fiscal Year--> FY 2010 Legend FtrdexA� Shops Totals Dro Downs Locked Cell 11V Pro ect # Data Ent Grant # Title Cells Texas Start Date 11trr�en Department End safe AFFT,ansport"on Entry Date Quantity & i Total of All Description ALI Fu t Tyw Programs Federal Federal State 51905F7313 tCB 0901 05} 34 09101109 110 08/31/10 09/01109 §5311 State Local Local Total 1_ Se✓V n4 1,3 .v 93.750 93,750 93,750 Preventive Maintenance 11.7A.00 Purchase of Service 11.71.13 11.7A,00 in anky dAudaw11.71.13 Capital Bubtoial M A760 03,750 tAdministratlons Federal state Local Total niPlmm Carla Gross t) eratin 834881 Federal State Local Total Farebox Revenue NO A34,Id61 Total Total Trruwit Budget 738r431 Federal 5311 state 03,7W Local 5311 Total 93,78fl Source of Local Funds Amount Total of Local Funds 1 Dt=009 (1V16mfin°} Chad .+�. .er - TOOT 5311 - ❑TP.doc - - Page 1 CITY OF LUBBOCK AGENDA ITEM SUMMARY II. CONSENT AGENDA ITEM #SUBJECT: # Consider a resolution authorizing the Mayor to execute Contract No. 5190SF7313 with the Texas Department of Transportation (TxDOT) for Architect/Engineering services for the expansion of the Downtown Transfer Plaza. (Citibus) I.: TxDOT has awarded a Section 5311 rural public transportation grant in the amount of $93,750 to the City of Lubbock. The funds will be used to retain the services of an architectural/engineering firm for renovations to the Downtown Transfer Plaza. The Downtown Transfer Plaza needs to be expanded to allow for adequate space to conduct Greyhound services. Citibus is the local agent for Greyhound. The renovation would allow for an expanded area to operate the Greyhound shipping operation, and an expanded passenger area. This expansion would allow space for tables and an eating establishment that would greatly benefit Greyhound passengers that have an extended layover in Lubbock. The City of Lubbock has been awarded this grant due to the Downtown Transfer Plaza being a multi -modal facility that services public transportation buses and over the road coaches that serves the citizens in outlying/rural communities. The contract is effective when fully executed by both parties, and shall remain in effect until August 31, 2010. FISCAL IMPACT: Acceptance of this grant will result in no additional cost to the City of Lubbock. The $93,750 is included in the Citibus budget for FY 2010 that has been previously submitted to the City Council. Citibus will use Transportation Development Credits from TxDOT as the local match. Transportation Development Credits enable Citibus to use the funds at 100% with no local match. SUMMARY/RECOMMENDATION: Citibus recommends the approval of Contract No. 51905F7313.