HomeMy WebLinkAboutResolution - 2013-R0018 - Agreement - TXDOT - Transportation Development Credit - 01/10/2013Resolution No. 2013-R0018
January 10, 2013
Item No. 5.30
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 Credit
Agreement, TxDOT Project # TDC 1301(05), by and between the City of Lubbock 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 January 10, 2013
GLE . R B RTSON, MAYOR
ATTEST:
(-5'K-
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Bill H erton, Director mmunity Development
CitibuKLiaison
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs"RES.Citibus- TxDOT Agrmt
December 20, 2012
Resolution No. 2013—R0018
AGREEMENT: PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC)
TRANSIT PROVIDER: Lubbock, City of
TXDOT PROJECT #: TDC 1301 (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), as amended by the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and Public Law 109-59
(2005), 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, 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 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;
NOW THEREFORE, the State and the Transit Provider agree as follows:
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This TDC Agreement becomes effective when fully executed by both parties. This TDC
Agreement shall remain in effect until May 31, 2015, unless terminated or otherwise modified
Lubbock, City of TXDOT PROJECT #: TDC 1301 (05)
Transportation Development Credits Page 1 of 3 Revised 5/30/2012
in an Amendment. Any cost incurred before or after the contract period are ineligible to be
reimbursed with TDC.
ARTICLE 2. PROJECT DESCRIPTION
A. The Transit Provider 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 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.
The original and one copy of the invoice is to be submitted to the following address:
Texas Department of Transportation
Attn: Lynn Castle
Public Transportation Coordinator
135 Slaton Road
Lubbock, Texas 79404-5201
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 1301 (05)
Transportation Development Credits Page 2 of 3 Revised 5/30/2012
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THE TRANSIT PRU�DER
SigiTature
GleamC. I�0 `son
Typed, Printed, or Stamped Name
mawy'—
Title
Date
THE STATE OF gXAS
ature
Lynn Castle
Typed, Printed, or Stamped Name
Public Transportation Coordinator
Title
Date
List of Attachments
A — Approved Project Description
Lubbock, City of TXDOT PROJECT #: TDC 1301 (05)
Transportation Development Credits Page 3 of 3 Revised 5/30/2012
APPROVED
RECIPIENT
ATTEST:
Rebe c * -Oe -,. — - v
a Garza
City S cretary
Date: 1-31-2013
APPROVED AS TO CONTENT:
Bi owerton, Jr.
Citibus Liaison/CD/erector
APPROVED AS TO FORM:
Chad Weaver
Assistant City Attorney
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