HomeMy WebLinkAboutResolution - 2013-R0121 - Agreement - TXDOT- Downtown Plaza, FIB FY2013 Project Grant - 05/01/2013Resolution No. 2013-RO121
May 1, 2013
Item No. 5.1.1
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, Federal Intercity Bus Fiscal Year 2013
Project Grant Agreement No. 513051`7152 for renovation and expansion of the
Downtown Transfer Plaza, by and between the City of Lubbock and Texas Department of
Transportation, and related documents. Said Contract 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 May 1, 2013
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Zip C. ROBERTSON, MAYOR
ATTEST:
Reb -ca Garza, City Secret
APPROVED AS TO CONTENT:
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Bill Howerfon, Director ommunity Development
Citibus Liaison
APPROVED AS TO FORM:
Chad Weaver. Assistant City Attorney
vw: ccdocs+RES.Agrmt-TxDOT
April 9, 2013
Resolution No. 2013-0121
PGA: SECTION 5311(f) FEDERAL - INTERCITY BUS
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 §
FEDERAL INTERCITY BUS
FISCAL YEAR 2013
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, under 49 United States Code Section 5311(f), Intercity Bus, the Transit Provider
submitted a project proposal for financial assistance to be used to provide transportation
services; and,
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 U.S. Secretary of Transportation approved the State's request for funding;
and,
WHEREAS, the Governor of the State of Texas has designated Texas Department of
Transportation to receive federal funds under the Section 5311 grant program; and
WHEREAS, the Transit Provider submitted a Fiscal Year 2013 Grant Application, Part I (GA
Part 1) (if applicable) for state financial assistance for state financial assistance, and the
Texas Transportation Commission approved the application by Minute Order Number
113232 and,
WHEREAS, the Transit Provider must execute a GA Part I (if applicable) and a Fiscal Year
Grant Application, Part II (GA Part 11) each fiscal year grant period for consideration for new
state and federal grants; and
WHEREAS, a Master Grant Agreement (MGA) between the Transit Provider and the State
has been adopted and states the general terms and conditions for grant projects developed
through this PGA;
NOW THEREFORE, the State and the Transit Provider agree as follows:
Lubbock, City of Project Grant Agreement #: 51305F7152
Fed 5311 ICB Page 1 of 3 Revised 07/28/2011
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This PGA becomes effective when fully executed by both parties. This PGA shall remain in
effect until May 31, 2014, 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 GA Part I (if applicable) and the GA Part II (federal funds
only) 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.
ARTICLE 2. PROJECT DESCRIPTION
A. The Transit Provider shall complete the public transportation project described in the GA
Part I, 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 $ 250,000 and 50,000
Transportation Development Credits, provided that expenditures are made in accordance
with the amounts and for the purposes authorized in the GA Part I, the Attachment A, and
the Attachment B.
The original and one copy of the invoice are to be submitted to the following address:
Texas Department of Transportation
Attn: Lynn Castle
Public Transportation Coordinator
135 Slaton Road
Lubbock,Texas 79404
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.
Lubbock, City of Project Grant Agreement #: 51305F7152
Fed 5311 ICB Page 2 of 3 Revised 07/28/2011
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.
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THE TRANSITP"VID
Signatur
Typed, Printed, or Stamped Name
l I0.Vd✓'
Title
May 1, 2013
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 Project Grant Agreement #: 51305F7152
Fed 5311 ICB Page 3 of 3 Revised 07/28/2011
APPROVED
RECIPIENT
ATTEST:
R��cc&aGafz�aA
City Secretary
Date:
_ r
Bill How o
Community Developm Director
APPRO ED A$ 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.
This project can be found in its entirety in the City of Lubbock's response to the FY 2012
Coordinated Call for Projects.
Lubbock, City of Project Grant Agreement #: 51305F7152
Fed 5311 ICB Page 1 of 1 Attachment A
ATTACHMENT B
PROJECT BUDGET
[Insert Budget Page]
Lubbock, City of Project Grant Agreement #: 51305F7152
Fed 5311 ICB Page 1 of 1 Attachment B
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TEXAS TRANSPORTATION COMMISSION
VARIOUS Counties MINUTE ORDER Page l of l
VARIOUS Districts
The Texas Transportation Commission (commission) takes special note of its designation by the
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 §31.17, §31.18, §31.22, §31.36 and §31.37
establishes the process by which program proposals shall be evaluated and funds distributed. On
August 5, 2011, 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; benefits
of the project; and project management.
Title 43, Texas Administrative Code, §5.73 establishes the process for which Transportation
Development Credits (TDC) may be awarded at the discretion of the commission. The commission finds that
TDC investments in:
• Transit vehicles will improve air quality by replacing older vehicles with newer models
which meet current emission standards; and increase the value of the transportation assets
by investing into the replacement of depreciated rolling stock;
• Facilities increase the value of the transportation assets by improving or adding system
infrastructure and capacity designed to provide transit services to the citizens of Texas;
and
• Preventive maintenance improves air quality by regularly maintaining vehicles at
manufacturer -scheduled intervals and increasing the value of the transportation assets by
preserving the condition of existing fleet.
The commission finds that the projects in Exhibit A are eligible for funding and awards a total
of $9,031,646 in federal and state program funds and 943,500 in TDC.
Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and
missions 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.
Submed and
Director, Public Tfans}ortation Division
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Executive Director
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