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HomeMy WebLinkAboutContract 26545 {;i TY SECRETARY �- JNTRACT NO. CSJ: 0902-48-255 STATE OF TEXAS § Fiscal Year 2001 COUNTY OF TRAVIS § AGREEMENT FOR FUNDING OF ALTERNATIVE FUELS PROGRAM THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" and the City of Fort Worth, acting by and through its authorized officials, hereinafter called the "Recipient". WITNESSETH WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991, ("ISTEA") codified under Title 23 U.S.C. Section 101, et seq., establishes the National Surface Transportation System that is economically efficient and environmentally sound, provides the foundation for the nation to compete in the global economy, and will move people and goods in an energy efficient manner; and WHEREAS, Title 23 U.S.C. Section 149, establishes a congestion mitigation and air quality improvement program ("CMAQ") to contribute to the attainment of a national ambient air quality standard to be implemented by the States' Transportation Agencies; and WHEREAS, Title 23 U.S.C. Section 134, establishes that Metropolitan Planning Organizations ("MPO's") and the States' Transportation Agencies develop transportation plans and programs for urbanized areas of the State; and WHEREAS, Title 23 U.S.C. Section 120, establishes that the Federal share of funding for CMAQ programs will not exceed eighty percent(80%) of the cost of the desired activity; and WHEREAS, Dallas, Tarrant, Collin and Denton Counties have been designated by the Clean Air Act Amendments of 1990 as an ozone nonattainment area, and thus qualifies for CMAQ funds; and WHEREAS, the North Central Texas Council of Governments, hereinafter identified as "NCTCOG", as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan area and Denton and Lewisville urbanized areas, has the responsibility for developing transportation control measures for the State implementation plan to assist in the reduction of ozone-forming mobile emissions; and WHEREAS, a program of converting new and existing vehicles from conventional fuels to alternative fuels is desired, to be hereinafter identified as the "Alternative Fuels Program"; and WHEREAS, CMAQ funds have been made available to the State through the U.S. Department of Transportation for the advancement of the Alternative Fuels Program; and 12/29/98 Page 1 of 6 WHEREAS, NCTCOG has submitted the Alternative Fuels Program through the Texas Natural Resource Conservation Commission to the U.S. Environmental Protection Agency for incorporation in the State implementation plan to assist in the reduction of ozone-forming mobile emissions; and WHEREAS, the State and the Recipient desire to enter into this agreement to establish the parties' obligations and responsibilities associated with the Alternative Fuels Program; and WHEREAS, on the 2 day of the Recipient's ruling board, passed Resolution No. �'/�, attached hereto and identified as EXHIBIT "A", authorizing the Recipient's participation in the Alternative Fuels Program; and WHEREAS, on the 28`h day of September, 1993, the State's Texas Transportation Commission passed Minute Order No. 102788, attached hereto and identified as EXHIBIT "B", authorizing the Alternative Fuels Program through the State Transportation Improvement Program; AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. CONTRACT PERIOD This agreement becomes effective on the date of final execution by the State and shall terminate on August 31, 2001 or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT The Recipient shall agree to the terms and conditions of the Specifications for Public Sector, Non- Transit Alternative Fuel Vehicles, attached hereto and identified as EXHIBIT "C". 3. FUNDING RESPONSIBILITIES The maximum amount payable for FY 2001, under this cost reimbursement agreement is $139,625. This amount is based on the Cost Estimate, attached hereto and identified as EXHIBIT "D". The Recipient will be responsible for securing the non-federal funding share required for financing the Alternative Fuels Program. The Recipient will not incur any cost for reimbursement until authorized by the State through the issuance of a signed Work Order, to be attached hereto and identified as EXHIBIT "E". Costs incurred by the Recipient prior to the issuance of a Work Order will not be eligible for reimbursement. The Recipient shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments". 12/29/98 Page 2 of 6 4. REIMBURSEMENT The State will reimburse the Recipient for properly supported costs incurred under the terms and conditions of this agreement. The reimbursement of costs will only include those applicable federal participating funds. The Recipient shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State to the following address: Mr. Joel H. Mallard, Texas Department of Transportation, P.O. Box 6868, Fort Worth, Texas 76115. All billing statements shall be properly documented, summarizing the costs by description of work performed and other incidental costs. The Recipient shall provide an invoice showing vehicle cost, the incremental cost for the alternative fuel system, the total as bid by the recipient, less any rebates and/or incentives for the installation of the alternative fuel system. The State will make payment to the Recipient within thirty (30) days from receipt of the Recipient's request for payment, provided that the request is properly prepared, executed, and documented. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. If applicable or necessary the State will prepare a final audit upon completion of the services authorized herein or at any time an audit is deemed to be in the best interest of the State. 5. TERMINATION This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State, upon thirty (30) days written notice to the Recipient as a consequence of failure by the Recipient to perform the services and obligations set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Recipient as determined by the State. (3) By either party, upon thirty (30)days written notice to the other. Termination of this agreement shall extinguish all rights, duties, obligations or responsibilities established under this agreement. The Recipient will not incur any costs eligible for reimbursement during the thirty(30) day notice periods established hereinabove. 6. INDEMNIFICATION The Recipient acknowledges that it is not an agent, servant, or employee of the State, and that it is responsible for its own acts and deeds and for those if its agents or employees. 7. REMEDIES Violation or breach of contract terms by the Recipient shall be grounds for termination of the agreement, and any increased cost arising from the Recipient's default, breach of contract, or violation of terms shall be paid by the Recipient. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 12/29/98 Page 3 of 6 8. AMENDMENTS Changes in the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties. 9. SUBLETTING The Recipient shall not assign or otherwise transfer its rights or obligations under this agreement without the prior written consent of the State. 10. INSPECTION OF RECIPIENT RECORDS The State will, for purpose of termination of the agreement prior to completion, examine the books and records of the Recipient for the purpose of checking the amount of the costs incurred by the Recipient at the time of contract termination. The Recipient shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, Federal Highway Administration (FHWA) or its duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of final payment under this contract or until impending litigation is resolved. Additionally, the State, FHWA and its duly authorized representatives shall have access to all records of the Recipient which are directly applicable to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. 11. 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. 12. AUDIT REQUIREMENTS The Recipient shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in paragraphs 6, 8 and 9 of OMB Circular No. A-128. 13. COMPLIANCE WITH LAWS The Recipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court, administration bodies, or tribunals in any matter affecting the performance of the agreement. 12/29/98 Page 4 of 6 14. NOTICES All notices or documentation to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State Recipient Mr. Steven E. Simmons, P.E. Mr. Roberto Ayerdis District Engineer Director of Equipment Services Texas Department of Transportation City of Fort Worth P.O. Box 6868 4100 Columbus Trail Fort Worth, Texas 76115 Fort Worth, Texas 76133 All notices and documentation shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. 15. SOLE AGREEMENT 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 within subject matter. 16. COMPLIANCE WITH SPECIFIC FEDERAL REQUIREMENTS In complying with laws, the Recipient will comply with federal civil rights laws (49CRF21 and 23CFR710) and Equal Employment Opportunity laws (41 CFR60) and with Minority Business Enterprise requirements (49CFR26) as applicable and to the extent these laws and requirements are not in conflict with or considered unconstitutional under case law. The Recipient will comply with the federal procurement standards cited at 49 CFR 18.36 and with the property management standards cited at 49 CFR 18.32. The Recipient is prohibited from making any contract award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and suspension. The Recipient shall require any party to a subcontract or purchase order awarded under this contract as specified in Title 49 CFR Part 29 (Debarment and suspension) to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 12/29/98 Page 5 of 6 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF FORT WORTH Recipient �} THE STATE OF TEXAS By: �ts�h� (� - 1�� Certified as being executed for the purpose and effect of activating and/or carrying out the Charles R. Boswell orders, established policies, or work programs heretofore approved and authorized by the Typed Name Texas Transportation Commission under the authority of Minute Order 100002. Asst. City Manager Title ^ / 12/20/2000 By: � Date Jener D. Soldano, Director Co ract Services ffice ATTT: Date Contract Authorization Date 12/29/98 Page 6 of 6 City of Fort Worth, Texas ,mayor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/12/00 **C-18384 1 21 FUELS 1 of 1 SUBJECT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING THE PURCHASE OF ALTERNATIVE FUEL VEHICLES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with the Texas Department of Transportation (TxDOT) to accept funding assistance not to exceed $139,625 for the purchase of alternative fuel vehicles. DISCUSSION: The Dallas/Fort Worth metropolitan area is categorized as a non-attainment area for ozone. As such, the Clean Air Act Amendments of 1990 require the area to show control strategies that will reduce hydrocarbon emissions. Those strategies include the use of reformulated gasoline, more stringent vehicle exhaust standards, evaporative controls, and the development and use of alternative fuels. TxDOT, through the Congestion Mitigation and Air Quality Program, provides funding assistance for the purchase and/or conversion of public sector fleet vehicles to alternative fuels. In 1994, the City initiated the use of propane-powered vehicles in their fleet of vehicles. Propane is an environmentally friendly, efficient, and clean burning fuel. The use of propane helps reduce emissions and improve air quality. Under the terms of this agreement, the City will be eligible to be reimbursed 80% of the additional costs associated with the purchase of alternative fuel vehicles. The City continues to purchase propane-powered vehicles when they are available. The additional grant funding will help offset the additional cost to the City for purchasing these vehicles. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the City Services Department, Equipment Services Division is responsible for the collection and deposit of all revenue due to the City under this agreement. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) P161 481306 0212010 $139,625 APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: Tom Davis 6300 (from) DEC 12 2000 Additional Information Contact: Cityswomerf of tha Tom Davis 6300 "of Von Waitk.este � t -TENT 6Y:TXOOT 2-11-94 10:01 TXOOT-- 98173706759:a 4 TEAS TRANSPORTATION C»hMISSION VARIOUS County MINUTE ORDER Page 1 of 3 Pages District No. VARIOUS WHEREAS, Title 23, United States Code, Sections 134 and 135, as amended by the Intermodal Surface Transportation Efficiency Act of 1991, require each designated Metropolitan Planning Organization (MRo) and the State, respectively, to develop a Transportation Improvement Program (TIP) as a condition to securing federal funds for transportation projects .under either Title 23 or the Federal Transit 'Act (formerly the Urban Mass Transportation Act of 1991) ; and, WHEREAS, Section 134(h) requires an MPO to develop its TIP in cooperation with the State and affected transit operators; to provide ,citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private 'providers of transportation, and other interested parties with a 1 reasonable opportunity to caznlent on the proposed TIP; and further requires the TIP to be updated at least once every 2 years and to be approved by the MPO and by the Governor; and, UiEREAS, Section 135(f) requires the State to develop its TIP for all areas of the State in cooperation With those designated MPOs; •and further requires the Governor to provide citizens, affected public 'agencies, representatives of transportation agency employees, other affected employee representatives, private providers of.transportation, and other interested parties with a reasonable opportunity to comient 'on the proposed State TIP; and, UfEREAS, Sections 134(h) and 135(f) specify the respective regsirements ani eligibility criteria for projects to be included in :the respective T IPs; and, V2HEREAS, the various TIP's applicable to the designated MPO'sf as well as to those areas outside designated MPO boundaries have been presented for public ccmnent by relevant authorities throughout the State; and, t�(V7 By:TXDOTI 2-17-94 : 10 02 TXDOT- 98173706759 :0 S TEXAS TRANSPORTATION COMRUSSION VARIOUS County MINUS ORDER Page 2 of 3 Pages District No. VARIOUS i i WHEREAS, widespread notice was made available for review and coarnent at each of TxDOT`s 25 district offices, at the TxDOT .headquarters in Austin, to provide citizens, affected public agencies, irepresentatives of transportation agency employees, other affected airployee representatives, private providers of transportation ani other interested parties in accordance with Sections 134 ani 135 of the :,United States Code; and, M EREAS, a public hearing on the said STIP was held at the ;TxDOT headquarters in the D. C. Greer Building at 125 East 11th Street iin Austin, Texas, on August 24, 1993; and, WHEREAS, oral and written coanents received due to this hearing ,process were analyzed and Department responses and recoavtendations were submitted to the Con nission for consideration; and, WHEREAS, after due deliberation and consideration the 'Commission finds that the requisites of Section 134 have been fully satisfied as they pertain to development of the prescribed TIP's by each of the 25 MPO's, and that the Statewide TIP attached to this order :as Exhibit "A' fully satisfies requisites of Section. 135 as they ;pertain to the TIP; and, 1 WHEREAS, Waco, Wichita Falls, and the Houston MPO's have corrected the local TIP and Financial Plan to reflect the original intent to use Federal, Local and/or State funding to implement said 'project; and, i ; WHEREAS, Dallas—Fort Worth adopted their local TIP after the 'Commission approved the other TIP's; and, WHEREAS, by letters dated September 9, 1992 and September L6, 1992 , addressed to federal transportation officials, the Honorable Ann W. Richards, Governor of Texas, has delegated to the Texas ;Transportation Commission (Commission) those powers and 'responsibilities granted to her by the Intermodal Surface Transportation Efficiency Act of 199L , save and except the Recreational Trails Program; TEXAS TRANSPORTATION UO"iISSION VARIOUS County MINUTE ORDER Page 3 of 3 Pages District No. VARIOUS PURSUANT TO THE AUTHORM DELEGATED TO THIS COMMISSION BY THE GOVUUIOR OF TEXAS, NOW, THEREFORE, IT IS C2RDERM THAT the respective TIP'S of each designated MPO as well as those areas outside designated MPO boundaries as reflected in the Statewide TIP in attached Exhibit "A" are hereby approved and the Executive Director is directed to submit the document to appropriate federal agencies for review consistent with applicable policies and procedures. r Subm" Led by Examined and reco by -L-2 UireCLoi of 7r<,:isco( talion ala ) :i rAp roveI iate Exe a ive Di c r / x - ve Di cLor 1_ M1 [)lit ,� r7uRil,c�t 027-8-8 EXHIBIT "C" SPECIFICATION FOR PUBLIC SECTOR, NON-TRANSIT ALTERNATIVE FUEL VEHICLES FUNDING The funds provided by the State under the "Agreement for Funding Alternative Fuels Program," hereinafter referenced as the "Agreement," will be used to reimburse the Recipient for costs incurred for the incremental cost of the purchase price of a new alternative fuel vehicle or conversion of an existing vehicle to operate on an alternative fuel. The"Incremental Cost" is defined as: • The cost of a certified conversion of an existing vehicle to use at least one alternative fuel. • The additional cost of an alternative fuel system on new vehicles which may be purchased by the Recipient over the normal cost of the same make and model vehicle to operate on a conventional fuel. • Supplemental capital costs relating to costs associated with alternative fuel vehicle. (e.g., additional tanks or canisters, air boxes, etc.) The maximum available funding eligible for reimbursement for each approved vehicle type is derived from the programmed funding tables approved by the Regional Transportation Council, attached hereto and identified as Attachment "1". The amounts established in Attachment "I" shall include the cost of the actual installation of the alternative fuel system, the cost associated with the emissions tests and applicable costs incurred by the Recipient in implementing the Alternative Fuels Program. Under no circumstances will the federal reimbursable share exceed 80% of the total incremental cost. Vehicles operating on the following fuel types are eligible for funding under the Alternative Fuels Program: • Natural gas - Compressed natural gas (CNG) or liquefied natural gas (LNG) • Propane(LPG) • Electricity • Ethanol • Methanol VEHICLE CONVERSION REQUIREMENTS The vehicle must be registered and based in the Dallas-Fort Worth nonattainment area to qualify for funding under the Alternative Fuels Program. The Recipient will provide to the State written verification of existing or planned alternative fuels stations from which the Recipient plans to obtain the required fuels. The verification must be submitted to the State prior to the State's issuance of the Work Order. The conversion kit for the alternative fuel must be in compliance with the certification process accepted by the Texas Natural Resource Conservation Commission ("TNRCC") in order to qualify for 12/29/98 Page I of 2 funding under this program. An emissions test demonstrating air quality benefits will be required by the State for each vehicle at the time of conversion. The emissions text must measure volatile organic compounds and nitrogen oxides in the loaded mode (e.g., 11v4240 or similar). When appropriate, tests before and after the conversion is performed should be conducted. Until the IM240 or similar test is available, emission tests using existing technology (e.g., four-gas analyzer, Bar-90) will be acceptable. As a minimum, the emissions with the alternative fuel in use must meet the traditional fuel emission standards for the model year and classification of the vehicle. Bi-fuel vehicles must be tested in operation on both the traditional and alternative fuel. The State has made arrangements with the North Central Texas Council of Governments ("NCTCOG') to act as its representative to review and approve various tests and reports required under the agreement. The Recipient will forward the emissions test documentation directly to NCTCOG at the following address: North Central Texas Council of Governments 616 Six Flags Drive, Centerpoint Two P.O. Box 5888 Arlington, Texas 76005-5888 The State's reimbursement of funds to the Recipient will be determined by the approval of the emissions test. FUEL/VEHICLE USE REQUIREMENTS Regardless of the age of the vehicle at the time of conversion, the Recipient will be required to operate the vehicle using the alternative fuel for a minimum of ninety percent (90%) of the vehicle miles traveled and travel a minimum of 25,000 miles (service life) and maintain the vehicle in its fleet for a period not less than three (3) years. Documentation verifying the usage requirements established hereabove may be requested by the NCTCOG on an annual basis or at any time required by the State and/or NCTCOG. If records are not provided to the NCTCOG by the Recipient or the records which have been provided by the Recipient reveals that the vehicles have not met the usage requirements established in this agreement, funding for future vehicles under the Alternative Fuels Program may not be allocated. Adjustments for idling vehicles will be made on a case by case basis. NCTCOG has the option to grant waivers for special cases. In the event an alternative fuel vehicle funded under this agreement is destroyed or lost through fire, theft, accident, or force majeure, the State will not seek reimbursement of funds. However, should the Recipient decide to sell the vehicle or otherwise voluntarily take it out of service, a prorated amount of funds provided under this program will be refunded by the Recipient to the State. The amortized amount of the refund will be based on the number of months the vehicle was driven on the alternative fuel (up to 36 months) for at least ninety percent (90%) of the vehicle miles traveled during each month. OWNERSHIP AND DISPOSITION At the end of the three (3) year operation period, the ownership and disposition of the alternative fuel conversion equipment purchased under the agreement will be assumed by the Recipient. Continued use of the alternative fuel vehicles by the Recipient is highly encouraged. 12/29/98 Page 2 of 2 EXHIBIT "D" COST ESTIMATE Numl3er of river ion uost E-onversion os Fuel Type * Vehicle Type Vehicles Per Vehicle Summary Automobile Propane Light-duty Truck 37 $3,745.00 $138,565.00 Heavy-duty Truck Automobile Light-duty Truck Heavy-duty Truck Automobile Light-duty Truck Heavy-duty Truck Total = 138,565.00 Less Federal Participation = (110,852.00 ) Local Participation Cost= 27,713.00 (Difference) NOTE: 1. If purchasing a new alternative fuel vehicle(including electric), the Federal Reimbursement is 80% of the incremental cost of the purchase price. 2. For conversions, the Federal Reimbursement is 80% of the conversion cost per vehicle. * Fuel Type: -Natural Gas (CNG) -Liquefied Natural Gas (LNG) -Propane (LPG) -Electric -Ethanol -Methanol