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HomeMy WebLinkAboutResolution - 2023-R0361 - FY2022 Safe Streets Roads Grant Award #6931132340211 - 07/25/2023Resolution No. 2023-R0361 Item No. 5.16 July 25, 2023 RESOLUTION BE IT RESOLV�D BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby authorize the Mayor to execute for and on behalf of the City of Lubbock, any instrument necessary in connection with the acceptance of an award under the FY 2022 Safe Streets and Roads for All, Grant Award No. 693JJ32340211, from the Federal Highway Administration to develop a comprehensive safety action plan. Documation and Terms of said award are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on July 25, 2023 TRAY A , MAYOR AT ST: Co ney Paz, City Se �tary APPROVED AS TO Fr�r��,�fn, P.E., Division �3irector of Public Works AP R O FORM: Mitch erwhite, �' s Assistant City Attorney RES. PHA Grant 693JJ3234021 I Junc 23, 2023 Resolution No. 2023-RO361 1. Award No. 693JJ3234021I 4. Award To City of Lubbock 1314 Avenue K Lubbock, TX 79401 Public Works - Traffic Management jdickson@mylubbock.us (806)775-2166 Unique Entity Id.: LXDNEKWRVKJ6 TIN No.: 75-6000590 6. Period of Performance Effective Date of Award through 24 months 8. Type of Agreement Grant 10. Procurement Request No. HSSP230409PR 12. Submit Payment Requests To See Article 19 and Section 5.1 2. Effective Date 3. Assistance Listings No. 20.939 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-I, Mail Drop E71-117 Washington, DC 20590 7. Total Amount Federal Share: $160,000 Recipient Share: $40,000 Other Federal Funds: $0 Other Funds: $0 Total: $200,000 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117 58, November 15, 2021; also referred to as the "Bipartisan Infrastructure Law" or `BIL") 11. Federal Funds Obligated $160,000 13. Payment Office See Article 19 and Section 5.1 14. Accounting and Appropriations Data 15XO 173E50.0000.055SR 10500.5592000000.25305.610066 15. Description of Project The award will be used by the City of Lubbock to develop a comprehensive safety action plan RECIPIENT 16. Sign-aFukp,4 Person Authorized to Sign 'Tray Payne Mayor, City of Lubbock FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer Date Signature Name: Title: Agreement Officer 1 of 12 Date U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the "USDOT")] [Federal Highway Administration (the "FHWA") and the City of Lubbock (the "Recipient"). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the City of Lubbock Safety Action Plan. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program," dated February 8, 2023, which is available at https://www.transportation.gov/grants:'ss4a/ rg ant -agreements. Articles 7---30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. 2 of 12 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Safe Streets and Roads for All Discretionary Grant Program Application Date: 9/15/2022 2.2 Award Amount. SS4A Grant Amount: $160,000 2.3 Award Dates. Period of Performance End Date: See section 6 on page 1 2.4 Budget Period Budget Period End Date: See section 6 on page 1 2.5 Action Plan Grant or Implementation Grant Designation. Designation: Action Plan 2.6 Federal Award Identification Number. ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project's Statement of Work. The award will be used by the City of Lubbock to develop a comprehensive safety action plan. 3.2 Project's Estimated Schedule. 3of12 ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion Date: 03/01/2024 Planned Action Plan Completion Date: 06/01/2024 Planned Action Plan Adoption Date: 09/01/2024 Planned SS4A Final Report Date: 09/01/2025 3.3 Project's Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $160,000 Other Federal Funds: $0 State Funds: $0 Local Funds: $40,000 In -Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $200,000 (b) Supplemental Estimated Budget Cost Element Federal Share Non -Federal Share Total Budget Amount Direct Labor $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual/Consultant $160,000.00 $40,000.00 $200,000.00 Other $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 Total Budget $160,000.00 $40,000.00 $200,000.00 4 of 12 ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient's Unique Entity Identifier. LXDNEKWRVKJ6 4.2 Recipient Contact(s). Justin Dickson, P.E. TMC Engineer/Manager City of Lubbock Public Works - Traffic Management 1314 Avenue K Lubbock, TX 79401 (806) 775-2166 jdickson@mylubbock.us 4.3 Recipient Key Personnel. Name Wood Franklin, P.E. John Turpin David Bragg, P.E. Will Cummings, P.E., PTOE David Jones Chris Mandrell Mitch Satterwhite Kelli Leisure Chad Weaver Courtney Paz Tray Payne Title or Position Division Director of Public Work Assistant Division Director of Public Works Director of Traffic Management Traffic Engineer Transportation Planning Director General Manager of CitiBus First Assistant City Attorney Senior Assistant City Attorney City Attorney City Secretary Mayor 5of12 4.4 USDOT Project Contact(s). Meg Miller Safe Streets and Roads for All Program Manager Federal Highway Administration -Office of Safety HSSA-I, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-8029 Meg.miller@dot.gov and Hector Santamaria Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202)493-2402 Hector. Santamaria@dot.gov and Ashley M. Cucchiarelli Agreement Specialist Agreement Specialist (AS) Office of Acquisition and Grants Management HCFA-33, Mail Stop E62-204 1200 New Jersey Avenue, S.E. Washington, DC 20590 (720)963-3589 ashley.cucchiarelli@dot.gov and Al Alonzi Agreement Officer's Representative (AOR) Division Administrator FHWA-TX Division 308 W. 8`h Street, Room 826 512-536-5902 Al.alonzi@dot.gov and Lisa Larsen TX Division Office Point of Contact Special Programs Coordinator 6 of 12 FHWA-TX Division 300 E. 8th Street, Rom 826 512-536-5965 Lisa.larsen@dot.gov ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to Action Plan Grants. Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient's submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub- recipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre -approval requirements of this clause. (Fill in at award or by amendment) 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. 7 of 12 (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer's Representative (the "AOR") reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-ssystem.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management US Department of Transportation, Office of Financial Management B-30, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or DOTElectronicInvoicing(a,dot.gov. If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271 s directly to: DOTIFAA P.O. Box 268865 Oklahoma City, OK 73125-8865 Attn: Ashley M. Cucchiarelli (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. 8of12 ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement]. 6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website. 6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.4 There are no other special grant requirements for this award. 9of12 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: City of Lubbock Baseline Measurement Date: 12/01/2025 Baseline Report Date: 03/01/2026 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Percent of Funds to Underserved Equity Communities: Funding amount (of total End of period of project amount) benefitting underserved performance communities, as defined by USDOT Project Costs: Quantification of the cost End of period of Costs of each eligible project carried out using performance the grant Description of lessons learned and any Lessons Learned and recommendations relating to future End of period of Recommendations projects of strategies to prevent death and performance serious injury on roads and streets. 10 of 12 ATTACHMENT B CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See section 10.1. Scope: No Change Schedule: Proposed project start date in application was 311l2023 and will now be 3/1/2024 Budget: No Change The table below provides a summary comparison of the project budget. Fund Source Application $ % Section 3.3 $ % Previously Incurred Costs (Non -Eligible Project Costs Federal Funds 0 01 0 0 Non -Federal Funds 01 01 01 0 Total Previously Incurred Costs 01 01 01 0 Future Eligible Project Costs SS4AFunds 160,000 80 160,000 80 Other Federal Funds 0 7 0 0 0 Non -Federal Funds 40,000 20 40,000 20 Total Future Eligible Project Costs 1 200,000 1 1001 200,000 1 100 Total Project Costs 1 200,000 1 1001 200,000 100 11 of 12 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table are accurate: A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below. The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity -focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below. The Project includes physical -barrier -mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below. The Project includes new or improved walking, biking, and rolling access for X individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below. The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below. The Recipient has taken other actions related to the Project to improve racial X equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. In cooperation with the City of Lubbock's transit system (CitiBus), TxDOT and Texas Tech University, in preparation for a separate federal grant funding program, the City identified several miles of incomplete or inadequate sidewalks and ADA ramps within underserved communities that need to be constructed or improved to safely allow access to bus terminals. 12 of 12 ",'� LubboCity of ck AN 11732 TEXAS Regular City Council Meeting 07/25/2023: Information Agenda Item Resolution - Traffic Operations: Consider a resolution for the acceptance of an award under the FY 2022 Safe Streets and Roads for All program from the Federal Highway Administration to develop a comprehensive safety action plan. Item Summary This agreement is between the United States Department of Transportation (USDOT), the Federal Highway Administration (FHWA) and the City of Lubbock (Recipient). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (SS4A) Grant for the City of Lubbock Safety Action Plan. Fiscal Impact The total cost of the project is estimated to be $200,000 with $40,000 to be paid upon completion of the grant. Staff/Board Recommending Erik Rejino, Assistant City Manager L. Wood Franklin, Division Director of Public Works Attachments Resolution SS4A Grant Agreement