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HomeMy WebLinkAboutResolution - 2010-R0453 - Contract - TXDOT - Renovations/Expansion Of Downtown Transfer Plaza - 09/27/2010Resolution No. 2010—RO453 September 27, 2010 Item No. 5.1.4 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, Contract No. 51105F7050 for the renovation/expansion of the Downtown Transfer Plaza, by and between the City of Lubbock and Texas Department of Transportation (TxDOT), 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 September 27, 2010 TOM MARTIN, MAYOR ATTEST: <a- Rebeka Garza, City Secretary () APPROVED AS TO CONTENT: APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Citibus Contract-TxD©T August 26, 2010 Resolution No. 2010-RO453 Project Grant Agreement # 51105F7050 SUBRECIPIENT: City of Lubbock STATEILOCAL PUBLIC TRANSPORTATION (SECTION 5311) GRANT AGREEMENT CFDA M 20.509 PROJECT GRANT AGREEMENT #: 51105F7050 STATE PROJECT #: ICB 1101 (05) 33 MASTER GRANT AGREEMENT # 517XXF7054 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL PUBLIC TRANSPORTATION FISCAL YEAR 11 5311 INTERCITY BUS PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Lubbock, hereinafter called the "Subrecipient." WITNESSETH WHEREAS, 49 U.S.C. Section 5311(f), authorizes the U.S. Secretary of Transportation to make grants to state governments for transportation projects that are included in a State program of mass transportation service projects to enhance the access of persons living in rural areas to health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement, and use of passenger transportation systems; and, WHEREAS, the Governor of the State of Texas has designated the State to receive federal funds under the Section 5311 grant program; and, WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Subrecipient 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 Texas Transportation Commission passed Minute Order Number 112258, authorizing the issuance of contracts in accordance with this program for public transportation; and, WHEREAS, the Subrecipient submitted a proposal Wor application for federal financial assistance for an intercity bus project under Section 5311 to be used to provide transportation services to the general public; and, WHEREAS, the Subrecipient executed a Fiscal Year 11 Grant Application, Part I (GA Part 1) and Grant Application, Part II (GA Part ll) for consideration for new federal grants; and, WHEREAS, a Master Grant Agreement (MGA) between the Subrecipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA; and, WHEREAS, the U.S. Secretary of Transportation approved the State's request. City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 ICB - Coordinated Call Page 1 of 6 Rev 812010 Project Grant Agreement # 51105P7050 NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Subrecipient hereto agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties but in no event before September 1, 2010. This PGA shall remain in effect until December 31, 2011, 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 Subrecipient has submitted the GA Part I and the GA Part 11 (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 The Subrecipient shall commence, carry out and complete the public transportation project described in Attachment A, Approved Project Description (Attachment A), with all practicable dispatch, in a sound, economical and efficient manner. The Subecipient shall carryout the public transportation project described in the Attachment A in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. If applicable, the Subrecipient 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 item(s) referenced in Attachment A. No later than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all bids or privately review proposals. The Subrecipient 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 Subrecipient 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 $673,430 with 134,686 in Transportation Developoment Credits provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Attachment A and the Attachment B - Master Budget Page. The original and one copy of the invoice is to be submitted to the following address: Lynn Castle, PTN-Public Transportation Coordinator Texas Department of Transportation 135 Slaton Road Lubbock, Texas 79404-5201 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so City of Lubbock State Project # ICB 1101 (05) 33 Ped 5311 ICB - Coordinated Call Page 2 of 6 Rev 812010 Project Grant Agreement # 51105177050 approved must be executed by both parties within the grant period specified in the MGA Article 1, Grant Time Period. ARTICLE 5. STATE AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 6. NEPOTISM DISCLOSURE A. In this section the term relative means: (1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2) the grandparent, parent, sibling, child, or grandchild of the persons spouse. B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to Contract Services Section, General Services Division, Texas Department of Transportation, 125 East 11 th Street, Austin Texas 78701. The notice shall specify the Recipient's entity name, the name of the person who submitted the notification, the contract number, the district, division, or office of TxDOT that is principally responsible for the contract, the name of the relevant Recipient employee, the expected role of the Recipient employee on the project, the name of the TxDOT employee who is a relative of the Recipient employee, the title of the TxDOT employee, the work location of the TxDOT employee, and the nature of the relationship. C. By executing this contract, the Recipient is certifying that the Recipient does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by TxDOT unless the Recipient has notified TxDOT of each instance as required by subsection (b). D. If the Recipient learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by TxDOT, the Recipient shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Recipient violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 7. SUCCESSORS AND ASSIGNS City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 ICB - Coordinated Cali Page 3 of 6 Rev 8/2010 Project Grant Agreement # 51105F7050 The Subrecipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 8. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 9. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 10. INCORPORATION OF PROVISIONS. Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 11. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Executed for the Executive director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work prograq heretofore approved and authorized by theTis Transportation Commission. ' f By: Z�- L Castle, PTN Vublic Transportation Coordinator, Lubbock Title: zo;rc Date: % ,yam ,ld List of Attachments A - Approved Project description B - Master Budget Page CITY OF LUBBOCK By: rte-, Signature of Authorized Officer TQM MARTIN Typed, Printed or Stamped Name Title: Mayor Date: Sent:ember 27, 2010 City of Lubbock State Project # ICB 1101 t05j 33 Fed 5311 ICB - Coordinated Call Page 4 of 6 Rev 8/2010 APPROVED RECIPIENT ATTEST: Rebe ca Garza City Secretary Date: September 27, 2010 APPROVED AS TO CONTENT: Bill Ho erton Community Develop nt Director APPROVED AS TO FORM: i q1A-AqV0- Chad Weaver Assistant City Attorney Resolution No. 2010—RO453 Project Grant Agreement # 51105F7050 ATTACHMENT A APPROVED PROJECT DESCRIPTION The proposal Wor application for Federal assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. The approved project is for the first and second phases of the Citibus Downtown Transfer facility as described below: Phase 1 - $396, 900 for estimated design fees and construction costs associated with the GreyhoundlCitibus special renovation and addition. Components include, but are not limited to, demolition to walls, millwork, ceilings and cut away raised floor in target area, and construction of new square footage and renovation of existing space including utilities. Phase 2 — $276,530 for estimated design fees and construction costs associated with the vending room training room and public restroom areas renovation and addition. Components include, but are not limited to, demolition of existing vending area, select ceilings and plumbing fixtures, and construction of new vending room and renovation of existing space including utilities. City of Lubbock State Project # ICB 1101 (05) 33 Fed 5311 1CB - Coordinated Call Page 5 of 6 Rev 8/2010 Project Grant Agreement # 51105F7050 ATTACHMENT B MASTER BUDGET PAGE [insert Electronic Budget Page] City of Lubbock State Project # ICB 1101 (05) 33 Ped 5311 ICB -Coordinated Call Page 6 of 6 Rev 812010 Resolution No. 2010-RO453 r xaa Department of Teanaportafion Revised 412010 GD Select Fiscal Year—> FY 2011 Legend Totals Dro Downs AdminlPin 66311 Federal state Local TDC §5311 Totals Locked Cell Data Entry Title Cells Comments i'4Section II: Capital Coo Description p tion Texas tpaftment of Transportation Quant 8 ALI Coda FuelType Project # Grant # Start Date End Date Total of All programs ice 1101 05 33 51105F7050 09/01/10 12131111 §5311 Federal State Local TDC §5311 Totals Rehab -Terminal, Intennoda 11.34.03 673,430 673,430 134,666 673,430 Preventive Maintenance Purchase of Service Rneyenbye ce-531.0_ AU =D-CapitaL 11,7A,00 11.71.13 11.7A.00 11.71.13 _ _ Capital Subtotal 673,430 673,4301 1 134,686 673,430 nnin 1 Adml Federal State Local Administration Costs -11.79.00 AdminlPin Planning Casts-44.2X.XX Total Admin/Planning Costs 8/2512010 CITY OF LUBBOCK AGENDA ITEM SUMMARY II. CONSENT AGENDA ITEM WSUBJECT: # Consider a resolution authorizing the Mayor to execute Contract No. 51105F7050 with the Texas Department of Transportation (TxDOT) for the renovation/expansion of the Downtown Transfer Plaza. (Citibus) BACKGROUND DISCUSSION: TxDOT has awarded a Section 5311 (fl rural public transportation grant in the amount of $673,430 to the City of Lubbock. The funds will be used for Phase 1 and Phase 2 of the Downtown Transfer Plaza renovation/expansion project. The Downtown Transfer Plaza needs to be expanded to allow for adequate space to conduct Greyhound services. Citibus is the local agent for Greyhound. The City of Lubbock has been awarded this grant due to the Downtown Transfer Plaza being a multi -modal facility that services public transportation buses and over the road coaches that serves the citizens in outlying/rural communities. TxDOT has allocated $396,000 for Phase 1 which will renovate the Greyhound ticket and freight areas, and the operator area and supervisor offices. Phase 2 of the project includes design fees and construction costs associated with the vending room, training room and public restroom areas, renovation and addition. TxDOT has allocated $276,530 for Phase 2 of this project. The City of Lubbock/Citibus has been awarded 134,686 in Transportation Development Credits for this project. Transportation Development Credits allow the funds to be used at 100% requiring no local match from. the City of Lubbock. The contract is effective when fully executed by both parties, and shall remain in effect until December 31, 2011. FISCAL IMPACT: The $673,430 is included in the Citibus budget for FY 2011 that has been previously submitted to the City Council. Acceptance of this grant will result in no additional cost to the City of Lubbock. SUMMARY/RECOMMENDATION: Citibus recommends the approval of Contract No. 51105177050.