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Home My WebLink AboutResolution - 2012-R0319 - Amendment To Agreement - TXDOT - Public Transportation Project - 08/23/2012 (2)Resolution No. 2012—RO319 August 23, 2012 Item No. 5.11 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OFTHE 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, Amendment #2 to Public Transportation Project Grant Agreement No. 51105F7050, by and between the City of Lubbock and the "Texas Department of Transportation, and related documents. Said amendment 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 August ? 3 20 12 J KAREN GIBSON, MAYOR PRO TLM ATTEST: Rebe ca Garza, City Secretat --) APPROVED AS TO CONTENT: -IaL(,�A, )-.W. - Bill owerton, Director o ommunity D elopment/Citibus I ' ison APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Amend Agrmt-TxDOT August 16, 2012 Resolution No. 2012-RO319 August 23, 2012 Item No. 5.11 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, Amendment #2 to Public Transportation Project Grant Agreement No. 51105F7050, by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said amendment 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 August 23, 2012 KAREN GIBSON, MAYOR PRO TEM ATTEST: Rebe ca Garza, City Secretar --) APPROVED AS TO CONTENT: BD ill owerton, Director ommunity isonopment/Citibus I APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Amend Agrmt-TxDOT August 16, 2012 Resolution No. 2012—RO319 August 23, 2012 Item No. 5.11 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, Amendment #2 to Public Transportation Project Grant Agreement No. 51105177050, by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said amendment 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 August 2.3, 2012 (;/ KAREN GIBSON, MAYOR PRO TEM ATTEST: 0-0-� '--, - Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: Bill owerton, Directorrison ommunity D elopment/Citibus APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Amend Agnnt-TxDOT August 16, 2012 Resolution No. 2012-RO319 PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT TRANSIT PROVIDER: Lubbock, City of FTA GRANT #: TX-18-X033 CFDA #: 20.509 TXDOT PROJECT M ICB 1101 (05) 33 PROJECT GRANT AGREEMENT #: 51105F7050 MASTER GRANT AGREEMENT #: 512XXF7081 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT # 2 THIS AMENDMENT 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, the State and the Transit Provider executed a project grant agreement on September 30, 2010; and, WHEREAS, it has become necessary to amend that project grant agreement; NOW THEREFORE, the State and the Transit Provider do agree as follows: AGREEMENT 1. Description of Amended Items This amendment extends the end date shown in ARTICLE 1. GRANT TIME PERIOD of the grant agreement to October 31, 2012. All other provisions of the original project grant agreement not amended are unchanged and remain in full force and effect. This amendment becomes effective on the later date of full execution by both parties. 2. Incorporation of Master Grant Agreement (MGA) Provisions This amendment incorporates all of the governing provisions of the MGA in effect on the date of final execution of this amendment, unless an exception has been made by the terms of this PGA. Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 1 of 2 Revised 07/28/2011 3. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AMENDMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRA IT PRO DE Sig ture Karen Gibson, Mayor Pro Tem Typed, Printed, or Stamped Name Title Date THE STATE OF TEXAS Signature Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title Date ATTEST: RAcca Garza, City Se ary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 2 of 2 Revised 07/28/2011 Resolution No. 2012-RO319 PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT TRANSIT PROVIDER: Lubbock, City of FTA GRANT #: TX-18-XO33 CFDA #: 20.509 TXDOT PROJECT #: ICB 1101 (05) 33 PROJECT GRANT AGREEMENT #: 51105F7050 MASTER GRANT AGREEMENT #: 512XXF7081 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT # 2 THIS AMENDMENT 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, the State and the Transit Provider executed a project grant agreement on September 30, 2010; and, WHEREAS, it has become necessary to amend that project grant agreement; NOW THEREFORE, the State and the Transit Provider do agree as follows: AGREEMENT 1. Description of Amended Items This amendment extends the end date shown in ARTICLE 1. GRANT TIME PERIOD of the grant agreement to October 31, 2012. All other provisions of the original project grant agreement not amended are unchanged and remain in full force and effect. This amendment becomes effective on the later date of full execution by both parties. 2. Incorporation of Master Grant Agreement (MGA) Provisions This amendment incorporates all of the governing provisions of the MGA in effect on the date of final execution of this amendment, unless an exception has been made by the terms of this PGA. Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 1 of 2 Revised 07/28/2011 3. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AMENDMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRA14SIT PROM ER Sign ture Karen Gibson, Mayor Pro Tem Typed, Printed, or Stamped Name Title zvs — ( -L—.-- Date THE STATE OF TEXAS Signature Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title Date ATTEST: P"te-=� .2)c Re cca Garza, City S ocrtary APPROVED AS TO CONTENT: Bill erton, Citibus ison APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 2 of 2 Revised 07/28/2011 Resolution No. 2012-R319 PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT TRANSIT PROVIDER: Lubbock, City of FTA GRANT #: TX-18-X033 CFDA #: 20.509 TXDOT PROJECT #: ICB 1101 (05) 33 PROJECT GRANT AGREEMENT #: 51105F7050 MASTER GRANT AGREEMENT #: 512XXF7081 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT # 2 THIS AMENDMENT 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, the State and the Transit Provider executed a project grant agreement on September 30, 2010; and, WHEREAS, it has become necessary to amend that project grant agreement; NOW THEREFORE, the State and the Transit Provider do agree as follows: AGREEMENT 1. Description of Amended Items This amendment extends the end date shown in ARTICLE 1. GRANT TIME PERIOD of the grant agreement to October 31, 2012. All other provisions of the original project grant agreement not amended are unchanged and remain in full force and effect. This amendment becomes effective on the later date of full execution by both parties. 2. Incorporation of Master Grant Agreement (MGA) Provisions This amendment incorporates all of the governing provisions of the MGA in effect on the date of final execution of this amendment, unless an exception has been made by the terms of this PGA. Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 1 of 2 Revised 07/28/2011 3. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AMENDMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE,7ANSIT PROVIDER ATTEST: gnature Reb ca Garza, City S cr tary Karen Gibson, Mayor Pro Tern Typed, Printed, or Stamped Name APPROVED AS TO CONTENT: Title Date THE STATE OF TEXAS Signature Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title Date Lubbock, City of PGA Amendment Bil Howerton, Citi Liaison APPROVED AS TO FORM: ax"( 4A4� Chad Weaver, Assistant City Attorney Project Grant Agreement #: 51105F7050 Page 2 of 2 Revised 07/28/2011 Project Grant Agreement # 51105F7050 NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Subrecipient hereto agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties but in no event before September 1, 2010. This PGA shall remain in effect until December 31, 2011, 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 and the GA Part 11(federal funds only) 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 Subreciplent shall commence, carry out and complete the public transportation project described in Attachment A, Approved Project Description (Attachment A), with all practicable dispatch, in a sound, economical and efficient manner. The Subeciplent shall carryout the public transportation project described in 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 Subreciplent 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 Subreciplent 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 $673,430 with 134,686 in Transportation Developoment Credits provided that expenditures are made in accordance with the amounts and for the purposes authorized in 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, PTN-Public Transportation Coordinator Texas Department of Transportation 135 Slaton Road Lubbock, Texas 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 City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 ICS - Coordinated Ca!! Page 2 of 6 Rev 8/2010 Project Grant Agreement # 61105F7050 approved must be executed by both parties within the grant period specified in the MGA Article 1, Grant Time Period. ARTICLE 5. STATE AUDiT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 8. NEPOTISM DISCLOSURE A. In this section the term relative means: (1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2) the grandparent, parent, sibling, child, or grandchild of the persons spouse. B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to Contract Services Section, General Services Division, Texas Department of Transportation, 125 East 11th Street, Austin Texas 78701. The notice shall specify the Recipient's entity name, the name of the person who submitted the notification, the contract number, the district, division, or office of TxDOT that is principally responsible for the contract, the name of the relevant Recipient employee, the expected role of the Recipient employee on the project, the name of the TxDOT employee who is a relative of the Recipient employee, the title of the TxDOT employee, the work location of the TxDOT employee, and the nature of the relationship. C. By executing this contract, the Recipient is certifying that the Recipient does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by TxDOT unless the Recipient has notified TxDOT of each instance as required by subsection (b). D. if the Recipient learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by TxDOT, the Recipient shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Recipient violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 7. SUCCESSORS AND ASSIGNS City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 ICB - Coordinated Call Page 3 of 6 Rev W010 Project Grant Agreement # 51105F7050 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. ARTICLES. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shalt 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 9. 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 10. INCORPORATION OF PROVISIONS. Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 11. 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 programs heretofore approved and authorized by the Tex,�s Transportation Commission. / By: We, PTN Public Transportation Coordinator, Lubbock Title • 7'1 �1 _ Date: 9N- a— ,/ ) List of Attachments A - Approved Project Description B - Master Budget Page CITY OF LUBBOCK ior By: _ �� ft;47 Signature of Authorized Officer TOM MARTIN Typed, Printed or Stamped Name Title: Mayor Date: September 27. 2010 City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 ICB - Coordinated Cali Page 4 of 6 Rev 8/2010 APPROVED RECIPIENT ATTEST: Cf .t Reb Garza City Secretary Date: September 27, 2010 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Chad Weaver Assistant City Attorney Project Grant Agreement # 51105177050 ATTACHMENT A APPROVED PROJECT DESCRIPTION The proposal &/or application for Federal assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. The approved project is for the first and second phases of the Citibus Downtown Transfer facility as described below: Phase 1 - $396 900 for estimated design fees and construction costs associated with the Greyhound/Citibus special renovation and addition. Components include, but are not limited to, demolition to walls, millwork, ceilings and cut away raised floor in target area, and construction of new square footage and renovation of existing space including utilities. Phase 2 — $276,630 for estimated design fees and construction costs associated with the vending room, training room and public restroom areas:renovation and addition Components include, but are not limited to, demolition of existing vending area, select ceilings and plumbing fixtures, and construction of new vending room and renovation of existing space including utilities. City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 ICB - Coordinated Call Page 5 of 6 Rev 8/2010 Project Grant Agreement # 51105F7050 ATTACHMENT B MASTER BUDGET PAGE [insert Electronic Budget Page] City of Lubbock State Project # ICB 1JOI (05) 33 Fed 5311 ICB - Coordinated Call Page 6 of 6 Rev 8/2010 Of -Z�- T1xss Depsrtr.wnt o175ansppr►dlon Fadeia! I Btata I Deal TDC [ full Totals 0 Tote! of All Prograr--�---- 1 ms full Total6 TOW &2SJ2010 Resolution No. 2011—RO542 PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT TRANSIT PROVIDER: Lubbock, City of FTA GRANT #: TX-18•XC33 CFDA M 20.509 TXDOT PROJECT #: ICB 1101 (05) 33 PROJECT GRANT AGREEMENT #: 51105F7050 MASTER GRANT AGREEMENT #: 512XXF7081 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT # 1 THIS AMENDMENT 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, the State and the Transit Provider executed a project grant agreement on September 30, 2010; and, WHEREAS, it has become necessary to amend that project grant agreement; NOW THEREFORE, the State and the Transit Provider do agree as follows: AGREEMENT 1. Description of Amended Items This amendment extends the end date shown in ARTICLEI. GRANT TIME PERIOD of the grant agreement to August 31, 2012 All other provisions of the original project grant agreement not amended are unchanged and remain in full force and effect. This amendment becomes effective on the later date of full execution by both parties 2. Incorporation of Master Grant Agreement (MGA) Provisions This amendment incorporates all of the governing provisions of the MGA in effect on the date of final execution of this amendment, unless an exception has been made by the terms of this PGA. Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 1 of 2 Revised 07/28/2011 3. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AMENDMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PROVIDER Signature TOM MARTIN Typed, Printed, or Stamped Name Mayor Title December 1, 2011 Date „ THE STATE OF Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title Date Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 2 of 2 Revised 07/28/2011 :.' • ' :11 ATTEST: Reb a Garza City Secretary Date: December 1, 2011 APPROVED AS TO Director APPROVED AS TO FORM: Chad Weaver Assistant City Attorney Resolution No. 2012-RO319 PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT TRANSIT PROVIDER: Lubbock, City of FTA GRANT #: TX-18-XO33 CFDA #: 20.509 TXDOT PROJECT #: ICB 1101 (05) 33 PROJECT GRANT AGREEMENT #: 51105F7050 MASTER GRANT AGREEMENT #: 512XXF7081 FEDERAL TRANSIT ADMINISTRATION NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT # 2 THIS AMENDMENT 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, the State and the Transit Provider executed a project grant agreement on September 30, 2010; and, WHEREAS, it has become necessary to amend that project grant agreement; NOW THEREFORE, the State and the Transit Provider do agree as follows: AGREEMENT 1. Description of Amended Items This amendment extends the end date shown in ARTICLE 1. GRANT TIME PERIOD of the grant agreement to October 31, 2012. All other provisions of the original project grant agreement not amended are unchanged and remain in full force and effect. This amendment becomes effective on the later date of full execution by both parties. 2. Incorporation of Master Grant Agreement (MGA) Provisions This amendment incorporates all of the governing provisions of the MGA in effect on the date of final execution of this amendment, unless an exception has been made by the terms of this PGA. Lubbock, City of Project Grant Agreement #: 51105177050 PGA Amendment Page 1 of 2 Revised 07/28/2011 3. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AMENDMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRAJ4SIT PROVIDER Sign ture Karen Gibson, Mayor Pro Tern Typed, Printed, or Stamped Name Title Date THE STATE OF TE S Signa KxZ Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title -.3y ^ )2— Date ATTEST: P"Z9=- Re cca Garza, City S ocrtary APPROVED AS TO CONTENT: Bill erton, Citibus ison APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney Lubbock, City of Project Grant Agreement #: 51105F7050 PGA Amendment Page 2 of 2 Revised 07/28/2011 No Text