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.