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HomeMy WebLinkAboutResolution - 2015-R0275 - Grant/Contract - TXDOT - Citibus Operating Assistance - 08/27/2015No. 2015-RO275 No. 6.23 4st 27, 2015 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 Section 5307 Grant, Contract No. URB 1601 (5) with the Texas Department of Transportation for Citibus operating assistance, and all related documents. Said grant is 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 August 27, 2015 ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO Justin P' itt, Assist nt City 'Attorney m:ccdocs/RES.CWbus• Scc.5307 Gmm Agmt August 18. 2015 Resolution No. 2015-RO275 PGA: PUBLIC TRANSPORTATION - STATE FUNDS TRANSIT PROVIDER: Lubbock, City of TXDOT PROJECT M URB 1601 (05) PURCHASE ORDER M 7529 MASTER GRANT AGREEMENT #: 512XXF7081 NOT RESEARCH AND DEVELOPMENT URBANIZED AREA: Lubbock STATE OF TEXAS § COUNTY OF TRAVIS § STATE FUNDS FISCAL YEAR 2016 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, Transit Provider submitted a Fiscal Year 2016 Grant Application for state financial assistance to provide transportation services and the Texas Transportation Commission approved the application by Minute Order Number 114282; and WHEREAS, if applicable, the Transit Provider must submit a Grant Application 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, 2015, whichever is later. This PGA shall remain in effect until August 31, 2016, 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 Grant Application 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 Purchase Order#: 7529 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 Grant Application, 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 $ 630,416, provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Grant Application, 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: Alfredo Gonzales Public Transportation Coordinator 3901 E. U.S. Highway 80 Odessa, Texas 79761 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 Purchase Order#: 7529 State Funds Page 2 of 3 Revised 12/20/2011 THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PRO IDER Si a ure GJEn G �n �7t? rl sow TvnPd. Printed. or Stamped Name MOL.Yor Title August 27, 2015 Date THE STATE OF TEXAS Signature Alfredo Gonzales Typed, Printed, or Stamped Name Public Transportation Coordinator Title Date List of Attachments A — Approved Project Description B — Project Budget Lubbock, City of Purchase Order#: 7529 State Funds Page 3 of 3 Revised 12/20/2011 APPROVED RECIPIENT ATTEST: Rebetca Garza City Secretary Date: August 27, 2015 APPROVED AS TO CONTENT: APPROVED AS TO FORM: r JUSh t truitt Assi t City Attorney ATTACHMENT A APPROVED PROJECT DESCRIPTION As presented in the City of Lubbock's FY16 Grant Application, the City will provide public transportation within the urban transit district service area. The City will provide fixed route public transportation with ADA complementary paratransit service and demand response services within the urbanized area of Lubbock. Transit provider shall comply with Article 13 of the Master Grant Agreement requiring procurement and project milestones / quarterly progress reports. Within 30 days of PGA execution, the subrecipient will provide the TxDOT Public Transportation Coordinator with a project milestone plan that delineates fund expenditures throughout the contract period. Per Texas Administrative Code 31.17: Failure to expend funds in a timely manner may cause the department to terminate the grant and re -award the unobligated balance to another project. TXDOT's Public Transportation Division's (PTN) Federal Transit Administration overall Disadvantaged Business Enterprise (DBE) goal for fiscal years 2015 - 2017 is 4.57 percent of funds expended by grantees. This is not a contract specific goal but an overall goal for annual DBE participation. PTN grantees should undertake efforts to include DBE businesses in purchasing and contacting opportunities, and are encouraged to utilize DBE business whenever practicable. The full definition of DBE program requirements is found in Article 16 of the Master Grant Agreement. Lubbock, City of Purchase Order #: 7529 State Funds Page 1 of 1 Attachment A ATTACHMENT B PROJECT BUDGET Agency Name: Lullboclu Car, of Alton POpCFDAp FetlerJ Gmnlp Pmjecl Type: Men State Funds ® i Description Type Operating ]0.09.01 $100 630,41600 $630.416.00 $0.00 0.00 $00 $0.00 0.00 $0.00 $0.00 0.00 $0.00 $0.00 0.00 50.00 $0.00 0.00 $0.00 $0.000 0.00 $0.00 $0.00 0.00 $0.00 to no 0.00 $0.00 wail o.o0 30.00 x0.00 Subtotal Se50,416.00 -reimbursable amount under this project proposal Lubbock, City of Purchase Order#: 7529 State Funds Page 1 of 1 Attachment B a s a 5000 $000 $000 $630416.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 so.. ao $0.00 $0.00 $0.00 $o.00 $0.00 $0.00 sono so.o00 x0.00 $0.00 s0.000 sa.00 $00.00 $0.00 $0.00 so.00 50.00 $0,00 $ono so.00 s$$00,us.00 $o.ao $0.00 $630,410.00 o -reimbursable amount under this project proposal Lubbock, City of Purchase Order#: 7529 State Funds Page 1 of 1 Attachment B