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HomeMy WebLinkAboutResolution - 2017-R0376 - Citibus & Txdot - 10_12_2017Resolution No. 2017-RO376 Item No. 6.22 October 12, 2017 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock, or his designee, is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Transportation Development Credits Agreement for the provision of State funding credits for TxDOT Project No. TDC 1702(05), by and between the City of Lubbock on behalf of Citibus, and the 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 October 12, 2017 DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secreta APPROVED AS TO CO Bill Hoh6rt6n, Assistant APPROVED AS TOXORM: Assistint City Attorney ccdocs/RES. Agreement — TxDOT Development Credits Agreement — Citibus & TxDOT Project TDC 1702.05 September 26. 2017 Resolution No. 2017-RO376 AGREEMENT. PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) SUBRECIPIENT Lubbock, City of TXDOT PROJECT # TDC 1702 (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 "Subrecipient". 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) 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, Texas 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 Texas Transportation Code Chapter 456; and, WHEREAS, the Texas Transportation Commission approved Minute Order Number 114811 authorizing the Subrecipient 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 Subrecipient agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This TDC Agreement becomes effective when fully executed by both parties or on 09/21/2017, whichever is later. This TDC Agreement shall remain in effect until 08/31/2018, unless terminated or otherwise modified in an Amendment. Any cost incurred before or after the contract period shall be ineligible to be reimbursed with TDC. ARTICLE 2. PROJECT DESCRIPTION A. The Subrecipient 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 Subrecipient shall complete the project in accordance with all applicable federal and state laws and Lubbock, City of TXDOT PROJECT # TDC 1702 (05) Transportation Development Credits Page 1 of 4 Revised 01/23/2014 regulations. B. 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 items 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 TDC amount available under this Agreement without modification is 61,900 Transportation Development Credits, provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment A. Invoices are to be submitted electronically through the eGrants system. 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 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. 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 1702 (05) Transportation Development Credits Page 2 of 4 Revised 01/23/2014 THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate. THE SUBRECIPIEtT- y Signature Daniel M. Pope, Mayor Title October 12, 2017 Date THE STATE OF TEXAS Signature Public Transportation Coordinator Title Date List of Attachments A — Approved Project Description Lubbock, City of TXDOT PROJECT # TDC 1702 (05) Transportation Development Credits Page 3 of 4 Revised 01/23/2014 THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate. THE SUBRECIPIENT Daniel Pope Signature Mayor Title Oct 20 2017 1:17PM Date THE STATE OF TEXAS Eric Garcia Signature Public Transportation Coordinator Title Oct 30 2017 10:35AM Date List of Attachments A — Approved Project Description Lubbock, City of TXDOT PROJECT #:TDC 1702 (05) Transportation Development Credits Page 3 of 4 Revised 01/23/2014 ATTACHMENT A APPROVED PROJECT DESCRIPTION The City of Lubbock received a Section 5339 Bus and Bus Facilities discretionary award. The TDC award will be used as soft match at an 80/20 ratio for the federal award amount of $309,500 distributed by FTA to purchase vehicles. The federal funds were awarded under grant number TX-2017-072_ Lubbock, City of TXDOT PROJECT # TDC 1702 (05) Transportation Development Credits Page 4 of 4 Revised 0112312014 DOT I.S. Department of Transportation Award 'ederal Award Identification Number (FAIN) TX-2017.072.00 .emporary Application Number 1993.2017-2 sward Name Lubbock-Citibus FY 2016 Section 5339 Grant sward Status Obligated 1 Ready for Execution sward Budget Number 0 'art 1: Recipient Information Vame; a ,,I Transit Management .-ompany, nc, FTA Federal Transit Administration lecipient ID Recipient OST Type Recipient Alias Recipient DUNS 993 City CITY OF LUBBOCK 037890936 .ocation Type Address City State Tip ieadquarters 3800 SANDSHELL DR STE 175 FORT WORTH TX 761374230 'hysical Address 801 TEXAS AVE LUBBOCK TX 79401 failing Address P.O. BOX 2000 LUBBOCK TX 79457 nion Information Won Name NONE Iddress 1 Wdress 2 )late '-ipcode 00000 ',ontact Name -elephone :ax 00000 :-mail Nebsite 'art 2: Award Information Title: Lubbock Nibus FY 2016 Section 5339 Grant :AIN Award Status Award Type Date Created Last Updated Date From TEAM? fX-2017-072-00 Obligated I Ready for Execution Grant 611312017 611312017 No Ward Start Date 113012017 Ward End Date i13112018 kward Executive Summary .ubbock-Citibus FY 2016 Section 5339 Grant - These funds will be used to purchase two ADA paratransit buses to replace older buses that are past their useful life, Citibus s applying for $309,500 in federal funds matched with Transportation Development Credits provided by the Texas Department of Transportation in the amount of il,900.This grant request is within acceptable limits of the Fleet ratio which is shown in the Fleet Details of the Recipient ID section. 1' 2016 - $309,500 Total - $309,500 These ARBOC buses have a 5 year,150,000 mile useful life. =ixed Route Fleet = 75 total, with a spare ratio of 15,38% 'aratransit Fleet = 28 total, with a spare ratio of 21.74% kward Start Date: Date of the Award %ward End Date; 513112018 this Application for Section 5339 Federal Assistance is allocated to the City of Lubbock-Citibus. Attached to this application is the FY 2015-2018 STIP approval signed by -TA and FHWA which describes the FY 16 funds being used in this grant. )/her: (here are no Research and/or Demonstration Activities (here are no Indirect Costs requency of Milestone Progress Reports (MPR) luarterly .requency of Federal Financial Reports (FFR) luarterly roes this application include funds for research and/or development activities? 'his award does not include research and development activities. 're -Award Authority 'his award is using Pre -Award Authority. ►oes this application include suballocation funds? recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly Vill this Grant be using Lapsing Funds? lo, this Grant does not use Lapsing Funds Vill indirect costs be applied to this application? his award does not include an indirect cost rate. )direct Rafe Details: N/A requires E,O.12372 Review o, this application does not require E.O.12372 Review. )elinquent Federal Debt Jo, my organization does not have delinquent federal debt. sward Point of Contact Information :irst Name Last Name Title E-mail Address Phone :hris Mandrell Director of Human Resources cmandrell@citibus.com 806-712.2000 Melissa Foreman melissa.foreman@dot.gov 817-978-0554 °hyllis Degarmo Local Security Manager Phyllis. Degarmo@dot.gov 817-978-0501 kward Budget Control Totals Funding Source Section of Statute CFDA Number Amount 19 USC 5339 - (MAP 21) Bus and Bus Facilities Formula (FY2013 & Fwd) 5339-1 20526 $309,500 .ocal $0 -ocallin-Kind $0 State $0 3tatelin-Kind $0 Dther Federal $0 Transportation Development Credit $61,900 Total Eligible Cost $309,500 kward Budget Project Number Budget Item FTA Amount Non-FTA Amount Total Eligible Amount quantity rX-2017-072-01-00 All-00 (111- BUS - ROLLING STOCK $309,500.00 $0.00 $309,500.00 2 rX-2017-072-01-00 11.12.04 BUY REPLACEMENT $309,500.00 $0.00 $309,500,00 2 <30 FT BUS> :armark and Discretionary Allocations his application does not contain earmarks or discretionary allocations. iources of Federal Financial Assistance )0 Project Scope Name Scope Scope UTA p Area Account Class FPC Description p Amendment Cumulative Vumber Number Number Suffix Code Name Code Amount Amount rX-34- TX-2017- BUS - ROLLING 111.00 Al 481350 Lubbock, 2016.25.34.BF.2 00 Bus Form - $309,500 $309,500 1045 072.01.00 STOCK (111) TX Formula Alloc 'art 3: Project Information Project Title: Paratransit Bus Purchase Project Number Temporary Project Number Date Created Start Date End Date TX-2017-072-01.00 1993.2017.2-P1 611312017 81112017 3131/2018 Iroject Description 'Oitibus plans to use the fiscal year 2016 5339 funds to 2 ARBOC Spirit Mobility paratransit buses, These buses will be purchased off of a Texas Comptroller Contract lumber 072-A1. Each ARBOC Spirit Mobility paratransit bus will cost $122,717 ($122,717 - federal, matched with 24,543 TDC's) Citibus requested and was awarded transportation Development Credits (TDCs) from the Texas Department of Transportation to be used as match for these funds. The total TDCs awarded is 61,900, Texas Transportation Commission Minute Order 114811 is attached. Y 2016 - $305,900 total - $305,900 these ARBOC buses have a 5 year,150,000 mile useful life. Iroject Benefits ks a result of the purchase of 2 paratransit buses, we will be able to retire some old buses that have far exceeded their useful life which will hopefully help to reduce lowned buses and increase trip reliability. All ADA paratransit clients will benefit from the purchase of these 2 buses by providing a more reliable and comfortable service, these buses will be used to provide services to all ADA clients and in all parts of the city. Wditional Information Vone provided. .ocation Description `.ity of Lubbock, Texas Iroject Location (Urbanized Areas) UZA Code Area Name 481350 Lubbock, TX ;ongressional District Information State District Representative Texas 19 Randy Neugebauer )roject Control Totals Funding Source Section of Statute CFDA Number Amount 49 USC 5339 - (MAP 21) Bus and Bus Facilities Formula (FY2013 & Fwd) 5339-1 20526 $309,500 Local $0 Local/ln-Kind $0 State $0 Statelln-Kind $0 Other Federal $0 Transportalion Development Credit $61,900 Total Eligible Cost $309,500 )roject Budget Project Number Budget Item FTA Amount Non-FTA Total Eligible Amount Amount Quantity TX-2011.072.01.00 A11�-00 (111- BUS - ROLLING STOCK $309,500.00 $0.00 $309,500.00 2 TX-2017-072.01.00 11.12.04 BUY REPLACEMENT <30 FT BUS> $309,500.00 $0.00 $309,500.00 2 'roject Budget Activity Line Items Budget Activity Line Item: 11.12.04 BUY REPLACEMENT <30 ET BUS> Scope Name 1 Code Line Item # Custom Item Name Activity Quantity BUY REPLACEMENT BUS -ROLLING STOCK (111-00) 11.12.04 <30 FT BUS> BUY REPLACEMENTS - CAPITAL BUS :xtended Budget Description 1tibus plans to use the fiscal year 2016 5339 funds to 2 ARBOC Spirit Mobility paratransit buses. These buses will be purchased off of a Texas Comptroller Contract lumber 072-A1. Citibus requested and was awarded Transportation Development Credits (TDCs) from the Texas Department of Transportation to be used as match for hese funds. The total TDCs awarded is $61,900. Texas Transportation Commission Minute Order 114811 is attached, Y 2016 - $305,900 Fotal - $305,900 These ARBOC buses have a 5 year,150,000 mile useful life. Nill 3rd Party contractors be used to fulfill this activity line item? Jo, 3rd Party Contractors will not be used for this line item. Propulsion Fuel Type Vehicle Condition Vehicle Size (ft.) NIA Gasoline New <30 Foot Bus> Funding Source Section of Statute CFDA Number Amount 49 USC 5339 - (MAP 21) Bus and Bus Facilities Formula (FY2013 & Fwd) 5339.1 20526 $309,500 Local $0 Local/In-Kind $0 State $0 Statelln-Kind $0 Other Federal $0 Transportation Development Credit $61,900 Total Eligible Cost $309,600 Milestone Name Est. Completion Date Description State Contract Purchase Order Initial Delivery Date Final Delivery Date Contract Completion Date 81112017 11/112017 111/2018 3131/2018 Issuance of a purchase order to purchase the 2 paratranist buses off of the state contract. First bus delivered Last bus delivered Contract close out 'roject Environmental Findings Finding; Class II (c) Categorical Exclusions (C List) Class Level Description Class ll(c) consists of projects called categorical exclusions (CEs) which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c) does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial oft -site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ile CE Approved 611312017 'art 4: Fleet Details o fleet data exists for this application. 'art 5: FTA Review Comments ►pplication Review Comments :omment By Melissa Foreman ;omment Type FTA Post Review Comments for Grantee ►ate 612012017 :omment Must complete Certs and Assurances process first ►pplication Conditions Intered By Eldridge Onco :ondition Type Special Conditions ►ate 8/3012017 This award of Federal financial assistance is subject to the terms and conditions set forth in the U,S. Department of Labor's certification letter ;ondition dated August 29, 2017, to the Federal Transit Administration with respect to this numbered grant, including any attachments to the letter, which are fully incorporated herein by reference. }art 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-23, October 1, 2016) n the date the authorized U.S. Departmenl of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded ,deral assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant greement with FTA, and binds its compliance with the terms of this Grant Agreement. he following documents are incorporated by reference and made part of this Grant Agreement: "Federal Transit Administration Master Agreement," FTA MA(23), October 1, 2016, htlp;Nwww.fta,dot. gov, The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and �) Any Award notification containing special conditions or requirements, if issued. MEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, 'AWARD" ALSO ICLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT, TA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS RANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN, FTA AWARD .deral Transit Administralion (FTA) hereby awards a Federal grant as follows: ecipient Information Recipient Name: City Transit Management Company, Inc. 3ecipient ID: 1993 )UNS No: 037890936 ward Information =ederal Award Identification Number. TX-2017-072.00 Award Name: Lubbock-Citibus FY 2016 Section 5339 Grant Award Start Date: 8/3012017 Award End Date: 5131/2018 Award Executive Summary: Lubbock-Citibus FY 2016 Section 5339 Grant - These funds will be used to purchase two ADA paratransit buses to replace older buses that are ast their useful life. Citibus is applying for $309,500 in federal funds matched with Transportation Development Credits provided by the Texas Department of Transportation the amount of 61,900,This grant request is within acceptable limits of the Fleet ratio which is shown in the Fleet Details of the Recipient ID section, Y 2016 - $309,500 otal - $309,500 hese ARBOC buses have a 5 year,150,000 mile useful life. ixed Route Fleet = 75 total, with a spare ratio of 15,38% aratransit Fleet = 28 total, with a spare ratio of 21.74% ward Start Date: Date of the Award ward End Date: 513112018 his Application for Section 5339 Federal Assistance is allocated to the City of Lubbock-Citibus, Attached to this application is the FY 2015-2018 STIP approval signed by TA and FHWA which describes the FY 16 funds being used in this grant. ther: here are no Research and/or Demonstration Activities here are no Indirect Costs lesearch and Development: This award does not include research and development activities. ndirect Costs: This award does not include an indirect cost rate, 3uballocation Funds: Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly, 're -Award Authority: This award is using Pre -Award Authority, ward Budget Total Award Budget: $309,500.00 amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $309,500.00 amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $0.00 total FTA Amount Awarded and Obligated fin U.S. Dollars): $309,500.00 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $0.00 ward Budget Control Totals he Budget includes the individual Proiect Budoets (Scopes and Activity Line Itemsl or as attached :unding Source Section of Statute CFDA Number Amount 19 USC 5339 - (MAP 21) Bus and Bus Facilities Formula (FY2013 I Fwd) 5339-1 20526 $309,500 .ocal $0 .ocallln-Kind $0 )late $0 )tatelin-Kind $0 Xher Federal $0 ransportation Development Credit $61,900 otal Eligible Cost $309,500 'he Transportation Development Credits are not added to the amount of the Total Award Budget) ,S, Department of Labor Certification of Public Transportation Employee Protective Arrangements: eview Decision: DOL Concurs - Certified riginal Certification Date: 08129120111:56 PM GMT pecial Conditions :omment By Eldridge Onco :omment Type Special Conditions late 8130/2017 This award of Federal financial assistance is subject to the terms and conditions set forth in the US, Department of tabor's certification letter :omment dated August 29, 2017, to the Federal Transit Administration with respect to this numbered grant, including any attachments to the letter, which are fully incorporated herein by reference. rA AWARD OF THE GRANT AGREEMENT ,yarded By: obert Patnck egional Administrator =DERAL TRANSIT ADMINISTRATION .S. DEPARTMENT OF TRANSPORTATION ontact Info: Robert.Patrick@dot.gov ward Date: 8/30/2017 EXECUTION OF THE GRANT AGREEMENT pon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant greement. y executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: I ) Affirms this FTA Award, ?) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, t) Consents to comply with the requirements of this FTA Award, and I) Agrees to all terms and conditions set forth in this Grant Agreement. xecuted By: ity Transit Management Company, Inc.