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HomeMy WebLinkAboutResolution - 2012-R0126 - Agreement - TXDOT - Transportation Development Credit - 03_29_2012Resolution No. 2012-RO126 March 29, 2012 Item No. 5.26 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Transportation Development Credit Agreement, TxDOT Project # TDC 1201(5), by and between the City of Lubbock and Texas Department of Transportation, and 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 City Council. Passed by the City Council on March 29, 2012 TOM MARTIN, MAYOR ATTEST: Q. V" a � —�n� Rebeclka Garza, City Secretary APPROVED AS TO CONTENT: Bill Howe , Director Commu ' . Development Citibus Lison APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Agrmt-TxDOT Project # 1201(5) March 2, 2012 Resolution No. 2012-RO126 AGREEMENT: PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) TRANSIT PROVIDER: Lubbock, City of TXDOT PROJECT #: TDC 1201 (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 "Transit Provider." 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. §1200), as amended by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and Public Law 109-59 (2005), 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, 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 Transportation Code Chapter 456; and, WHEREAS, the Texas Transportation Commission approved Minute Order Number 112964 authorizing the Transit Provider 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; NOW THEREFORE, the State and the Transit Provider agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This TDC Agreement becomes effective when fully executed by both parties. This TDC Agreement shall remain in effect until May 31, 2013, unless terminated or otherwise modified Lubbock, City of TXDOT PROJECT #: TDC 1201 (05) Transportation Development Credits Page 1 of 3 Revised 2/10/2012 in an Amendment. Any cost incurred before or after the contract period are ineligible to be reimbursed with TDC. ARTICLE 2. PROJECT DESCRIPTION A. The Transit Provider 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 Transit Provider shall complete the project in accordance with all applicable federal and state laws and regulations. B. If applicable, the Transit Provider 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 Transit Provider shall publicly open all bids or privately review proposals. The Transit Provider 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 Transit Provider 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 400,000 Transportation Development Credits, provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment A. The original and one copy of the invoice is to be submitted to the following address: Texas Department of Transportation Attn: Lynn Castle Public Transportation Coordinator 135 Slaton Road Lubbock, Texas 79404-5201 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. ARTICLE 5. SUCCESSORS AND ASSIGNS The Transit Provider binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Transit Provider 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 1201 (05) Transportation Development Credits Page 2 of 3 Revised 2/10JI2012 THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PROVIDER Signature TOM MARTIN Typed, Printed, or Stamped Name Mayor Title March 29, 2012 Date THE STATE OF TEXAS q/�"— [% Signature,' Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title Ll Date List of Attachments A — Approved Project Description Lubbock, City of TXDOT PROJECT #: TDC 1201 (05) Transportation Development Credits Page 3 of 3 Revised 2110/2012 APPROVED RECIPIENT ATTEST: Rebe •a Garza (�-56 City Secretary Date: March 29, 2012 APPROVED AS TO CONTENT: Bill Ho �eOon Community Development Director APPROVED AS TO FORM: r Chad Weaver Assistant City Attorney ATTACHMENT A APPROVED PROJECT DESCRIPTION The City of Lubbock received Clean Fuels funds to replace buses in its fleet that have met their useful lives with hybrid -electric buses. The TDC award will be used as soft match of federal dollars as shown below. Funding Project ID Project Description Federal Federal TDC Match Award Year Source Amount Award Ratio FY11 D2011-CLNF-021 Replacement of 35' Citibus 1996 5308 Clean $2,000,000 400,000 80/20 Novabuses Fuels Lubbock, City of TXDOT PROJECT #: TDC 1201 (05) Transportation Development Credits Page 1 of 1 Revised 2/10/2012 CITY OF LUBBOCK AGENDA ITEM SUMMARY 11. CONSENT AGENDA ITEM #ISUBJECT: # Consider a resolution authorizing the Mayor to execute a Transportation Development Credit Agreement, TxDOT Project # TDC 1201 (05), with the Texas Department of Transportation (TxDOT). (Citibus) BACKGROUND DISCUSSION: TxDOT is allocating 400,000 Transportation Development Credits (TDC's) to the City of LubbocklCitibus to be used as local match for the FY 1 1 Federal Section 5308 Clean Fuels Grant. The Texas Transportation Commission Transportation Development Credits are awarded at the discretion of the Texas Transportation Commission, and are awarded to various public transportation agencies to assist with the match of Federal funds for capital projects. Due to the use of TDC's the FY 2012 Section 5308 Clean Fuels Grant will not require a local match by the City of Lubbock. The agreement becomes effective when fully executed by both parties, and shall remain in effect until May 31, 2013. FISCAL IMPACT: Transportation Development Credits will be used as local match for a Federal grant. Acceptance of this agreement will result in no additional cost to the City of Lubbock. SUMMARY/RECOMMENDATION: Citibus recommends approval of the Transportation Development Credits Agreement with the Texas Department of Transportation.