HomeMy WebLinkAboutResolution - 2016-R0304 - Transportation Development Credits Agreement - TXDOT - 09/08/2016Resolution No.2016-R0304
Item No.5.14
September8,2016
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,a Transportation Development Credits Agreement for
the provision of State funding credits for local public transportation projects,byand between
the City of Lubbock on behalf of Citibus. and the Texas Department of Transportation,and
related documents. Said Agreement is attached heretoand incorporated in this resolution as
if fully set forth herein and shall be included inthe minutes of theCity Council.
Passed by the City Councilon September 8,2016
ATTEST:
A<?4L=4L
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill Hov^erton,Assistant CityManager
APPROVED AS TO FOWM:
Justin Pruilt.Assistant City Attorney
DANIEL M.POPE,MAYOR
ccdocs/RES.Agreement -Texas Departmentof Transportation - Citibus Transportation Development Credits
August 25.2016
Resolution No. 2016-RO304
AGREEMENT: PUBLIC TRANSPORTATION . TRANSPORTATION DEVELOPMENT CREDITS (TDC)
SUBRECIPIENT: Lubbock. City of
TXDOT PROJECT #: TDC 1601 (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 "Transit Provider".
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 113236 authorizing
the Transit Provider 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;
WHEREAS, an unused balance of funds remains in prior TDC agreement number TDC 1301 (05) and it
has become necessary to extend the project end date.
NOW THEREFORE, the State and Transit Provider agree as follows:
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This TDC Agreement becomes effective when fully executed by both parties or on 08/01/2016, whichever
is later. This TDC Agreement shall remain in effect until 12/31/2016, 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 Transit Provider shall complete the public transportation project described in Attachment A -
Lubbock, City of TXDOT PROJECT #.TDC 1601 (05)
Transportation Development Credits Page 1 of 4 Revised 01/23/2014
Approved Project Description. Attachments A is attached to and made a part of this agreement. The
Transit Provider shall complete the project in accordance 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 TDC amount available under this Agreement without modification is 175,000
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 eGranls 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 Transit Provider binds themselves, their successors, assigns, executors and administrators in
respect to all covenants of this agreement. The Transit Provider 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 1601 (05)
Transportation Development Credits Page 2 of 4 Revised 01/2312014
ATTACHMENTA
APPROVED PROJECT DESCRIPTION
City of Lubbock received Section 5309 State of Good Repair funds for the rehabilitation of a
maintenance facility. The TDC award will be used as soft match at an 80/20 ratio for the Federal Award
Amount of $875,000 distributed by FTA. The federal funds were awarded in FY 2012 under project ID
D2012-BUSP-176,
Lubbock, City of TXDOT PROJECT 8 TDC 1601 (05)
Transportation Development Credits Page 4 of 4 Revised 01/23/2014
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THETRANSIT
PROVIDER
Signature
MAYOR, City of Lubbock
Title
September 8, 2016
Date
THE STATE OF TEXAS
Signature
Public Transportation Coordinator
Title
Date
List of Attachments
A —Approved Project Description
Lubbock. City of TXDOT PROJECT #.TDC 1501 (05)
Transportation Development Credits Page 3 of 4 Revised 01/2312014
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THE TRANSIT PROVIDER
Daniel Pope
Signature
Mayor
Title
10/06/2016
Date
THE STATE OF TEXAS
Eric Garcia
Signature
Public Transportation Coordinator
Title
10/06/2016
Date
List of Attachments
A — Approved Project Description
Lubbock. City of TX DOT PROJECT#,TDC 1601 (05)
Transportation Development Credits Page 3 of 4 Revised 01 /23/2014
APPROVED
RECIPIENT
ATTEST:
Re ca Garza
City Secretary IS
Date:September 8, 2016
APPROVED AS TO CONTENT:
Bill erion
As tart City Man
APPROVED AS TO FORM:
J tin itt v'
City A tomey