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HomeMy WebLinkAboutResolution - 2012-R0385 - Contract - TX DOT - Operating Assistance - 10_11_2012Resolution NO. 2012-RO385 October 11, 2012 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 is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 51305F7052 for operating assistance, by and between the City of Lubbock and Texas Department of Transportation, 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 on October 11, 2012 GLVN,K/RDnRTSON, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Bill HOW on, Director Co unity Development Citibus Liaison APPROVED AS TO FORM: Z/�Z L_ had Weaver, Assistant City Attorney vw:ccdocs/RES.Contract- Texas Department of Transportation September 26, 2012 Resolution NO. 2012—RO385 PGA: PUBLIC TRANSPORTATION - STATE FUNDS TRANSIT PROVIDER: Lubbock, City of TXDOT PROJECT #: URB 1301(05) PROJECT GRANT AGREEMENT #: 51305F7052 MASTER GRANT AGREEMENT #: 512XXF7081 NOT RESEARCH AND DEVELOPMENT URBANIZED AREA: Lubbock STATE OF TEXAS § COUNTY OF TRAVIS § STATE FUNDS FISCAL YEAR 2013 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) 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, Texas Transportation Code Chapter 455 authorizes the State to assist the Transit Provider 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 to provide state funds for public transportation purposes; and WHEREAS, if applicable, the Transit Provider submitted a Fiscal Year 2013 Grant Application (GA) Part I for state financial assistance to provide transportation services and the Texas Transportation Commission approved the application by Minute Order Number 113144; and WHEREAS, if applicable, the Transit Provider must execute a GA Part I each fiscal year grant period for consideration for new state grants; and WHEREAS, a Master Grant Agreement (MGA) between the Transit Provider and the State has been adopted and includes the general terms and conditions for grant projects developed through this PGA; NOW THEREFORE, the State and the Transit Provider agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on September 1, 2012, whichever is later. This PGA shall remain in effect until August 31, 2013, 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 Transit Provider 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. Lubbock, City of Project Grant Agreement #: 51305F7052 State Funds Page 1 of 3 Revised 12/20/2011 ARTICLE 2. PROJECT DESCRIPTION A. The Transit Provider shall complete the public transportation project described in the GA Part I, the Attachment A - Approved Project Description, and the Attachment B — Project Budget. Attachments A and B are attached to and made a part of this agreement. The Transit Provider shall complete the project in accordance with all of the documents associated with the MGA and 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 amount payable under this PGA without modification is $ 637,480 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. 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 ARTICLE 4. AMENDMENTS Except as noted in the MGA, 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 Article 1, Grant Time Period. ARTICLE 5. INCORPORATION OF MGA PROVISIONS This PGA incorporates all of the governing provisions of the MGA in effect on the date of final execution of this PGA, unless an exception has been made in this agreement. 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 Project Grant Agreement #: 51305F7052 State Funds Page 2 of 3 Revised 12120/2011 THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PROVIDER Signature Glen C4/Robertson Typed, Printed, or Stamped Name Mayor Title 10-11-12 Date THE STATE OF T S A�VL4 Ac-� sitrofure Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title 16)- /7_aa��' Date List of Attachments A — Approved Project Description B — Project Budget Lubbock, City of Project Grant Agreement #: 51305F7052 State Funds Page 3 of 3 Revised 12/20/2011 APPROVED RECIPIENT ATTEST: Rebetretary Garza City Date: A0 - / I- ( 7r APPROVED AS TO CONTENT: Bill H erton Community Developslent Director APPROVED AS TO FORM: Chad Weaver Assistant City Attorney ATTACHMENT A APPROVED PROJECT DESCRIPTION [insert a Narrative Project Description] Citibus operates public transportation to the citizens of Lubbock with both a fixed route and demand response service. The routes originate in downtown Lubbock and end at various locations within the city. All of these vehicles are accessible to persons with disabilities. The demand response service, CitiAccess, serves origins and destinations within the city limits. Both services operate under guidelines from Federal, State, and local authorities for maintaining buses, facilities, preventative maintenance, and safety. Citibus does no sub -contract any part of the services that are provided. The major trip generators include the medical center, education facilities, employment providers, and shopping centers. Citibus provides service Monday through Saturday from 5:45 am to 7:15 pm, except holidays. Citibus, and one sub -contractor, provides service for the non -emergency medical transportation contract with TxDOT. The FY 2013 TxDOT Section 5307 grant will be used for operating. Lubbock, City of Project Grant Agreement #: 51305F7052 Stale Funds Page 1 of 1 Attachment A ATTACHMENT B PROJECT BUDGET [Insert Budget Page] Lubbock, City of Project Grant Agreement #: 51305F7052 State Funds Page 1 of 1 Attachment B Public Ttansoortation Buddet•Attactlm@nt B