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HomeMy WebLinkAboutResolution - 2014-R0001 - Txdot 5311 - 01/09/2014RESOLUTION 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 No. 1 to that certain Public Transportation Project Grant Agreement dated May 30, 2013 for renovation and expansion of the Citibus Downtown Transfer Plaza, by and between the City of Lubbock and the State of Texas, acting through 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 January 9, 2014 z4v N C. kOBERTSON, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Bill Ho rton, Communit evelopment Director APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Amend #1 Agrmt-TxDOT December 20, 2013 PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT AMENDMENT TRANSIT PROVIDER: Lubbock, City of FTA GRANT #: TX -18-X035 CFDA #: 20.509 TXDOT PROJECT #: ICB 1301 (05) 35 PROJECT GRANT AGREEMENT #- 51305F7152 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 May 20, 2013; and, WHEREAS, on May 30, 2013 the Texas Transportation Commission approved Minute Order Number 113580 awarding funds to applicants for projects submitted under the Coordinated Cali for Projects; 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 increases the project grant agreement amount by $13,278 and 2,656 Transportation Development Credits. The revised the maximum amount payable without modification in ARTICLE 3. COMPENSATfON is $263,278 and 52,656 Transportation Development Credits. Attachment A and B, hereto attached, shall replace the Project Description and Project Budget Page in said agreement. Lubbock, City of Project Grant Agreement #: 51305F7152 PGA Amendment Page 1 of 3 Revised 07/28/2011 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. 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 P VI R Sign E /1_ C , "D t t+r► ,SO ►-) Typed,Printed, or Stamped Name Mk ►— Title Date THE STATE OF TEXAS Signature Lynn Castle Typed, Printed, or Stamped Name Public Transportation Coordinator Title Date List of attachments A — Approved Project Description B — Project Budget Lubbock, City of PGA Amendment Page 2 of 3 Project Grant Agreement #: 51305F7152 Revised 07/28/2011 APPROVED RECIPIENT ATTEST: Re ecca Garza Ci Secretary - Date: APPROVED AS -TO CONTENT: -�19�,- 0, /) FB owerton ommunity Develop nt Director APPROV D AS TO FORM: Chad Weaver Assistant City Attorney ATTACHMENT A APPROVED PROJECT DESCRIPTION The approved project is to renovate and expand the City of Lubbock/ Citibus Downtown Transfer Plaza located at 801 Broadway, Lubbock, TX 79401. The renovation and expansion is required in part due to the inclusion of an intercity bus provider at the Transfer Plaza. The transit provider's response to the FY 2012 and FY2013 Coordinated Calls for Projects is hereby incorporated in to the project description. Lubbock, City of Project Grant Agreement #: 51305F7152 PGA Amendment Page 1 of 1 Revised 07128/2011 TEXAS TRANSPORTATION COMMISSION VARIOUS Counties MINUTE ORDER Page 1 of 1 VARIOUS Districts The Texas Transportation Commission (commission) takes special note of its designation by tite governor in a letter dated October 4, 2005, as the administering agency for the Federal Transit Administration (FTA) grant programs and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that these grant funds are distributed fairly and equitably within the state. Title 43, Texas Administrative Code, Sections §31.22, §31.36 and §31.37 establishes the process by which program proposals shall be evaluated and funds distributed. On October 19, 2012, the department published a Notice of Request for Proposal for projects in the Texas Register. Project criteria included project planning and coordination, demonstration of need and benefits of the project, and project management. The commission recognizes that state and federal law permits the substitution of TDC as the required non-federal match for projects. Title 43, Texas Administrative Code (TAC), §5.109 establishes a process by which TDC may be awarded at the discretion of the commission. In making this award, the commission has considered the potential of the projects to expand the availability of funding for public transportation projects and finds that the projects meet the established program goals set fortis in 43 TAC §5.102 to maximize the use of available federal funds, particularly in situations in which federal funds otherwise would be unused because of the inability to provide tite non-federal share, and to support public transit. The commission finds that the projects in Exhibit A are eligible for funding and awards a total of $8,878,706 in federal and state program funds and 754,670 in TDC. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and ►nissions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director's designee is directed to proceed with the awards as described in Exhibit A, submit the necessary state application to the FTA and enter into the necessary contracts. Subr ttted and -- Director, Public Tra s ortation Division pRein et ded by: Executive Director Minute Date Number Passed