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HomeMy WebLinkAboutContract 40500AN DIESEL IDLING REDUCTION PROGRAM Program Implementation AGREEMENT COVER SHEET TYPE OF AGREEMENT: Reimbursable Activities for Diesel Idling Reduction Projects for the City of Fort Worth AGREEMENT PERIOD: Signature Date through November 1, 2010 REEMENT AMOUNT: $50,000 Parties NCTCOG North Central Texas Council of Governments 616 Six Flags Drive, Suite 200, Center Point Two P. O. Box 5888 Arlington, Texas 76011 SPONSOR City of Fort Worth 1100 Columbus Trail Fort Worth, Texas 76102 QI�FICIAL R��QR® CITY SECRETARY FT WO)RA HI, TX Contacts Project Manager; Carrie Reese Program Manager 817-60&2353 creese(anctcog.org Staff Contact Lori Pampell Transportation Planner III 817-695-9232 Ipampell(nctcog.org Agreement Administration Trina Stokes Grants Coordinator 817-695-9285 tstokeso nctcog.org Agreement Coordinator Don Walker Equipment Services Manager 817-392-5105 don.walker(a).fortworthgov.org 07-13-1 0 Al 1� 1 8 I IJ ciTr secRErvzr CONTRACT NO. `I0500 INTERLOCAL COOPERATIVE AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF FORT WORTH for THE DIESEL IDLING REDUCTION PROJECT NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: 1. Parties. 1.1 This Interlocal Agreement, hereinafter referred to as the "Agreement", is made and entered into by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG", and the Public Sector Sponsor, City of Fort Worth, hereinafter referred to as the "SPONSOR". NCTCOG and the SPONSOR may each be referred to as a "Party", and may be collectively referred to as "Parties" to this Agreement. 2. Terms of Agreement. 2.1 Scope of Work. The SPONSOR covenants and represents to the NCTCOG that the SPONSOR will implement or perform activities as provided for in Appendix A hereinafter referred to as the "SCOPE". Tasks, as defined in the Scope, refer to a set of actions the SPONSOR must accomplish for each Scope Activity. Scope Activities, as defined in the Scope, relate to the individual idle -reduction activities that were identified in the SPONSOR'S Application. Idle -reduction equipment refers to the specific technologies identified in the Approved Application and shall be interpreted to include the idle -reduction device or system and, if applicable, the vehicle on which it is installed. Approved Application refers to the document submitted by SPONSOR for funding. A unique identifier, the "Scope Activity Number", will be used for requesting reimbursements for expenses incurred for completion of each Scope Activity. 2.2 Changes to the SCOPE shall not constitute a modification or amendment to the Agreement but must be agreed to by both parties, in writing. 2.3 SPONSOR agrees to complete Scope Activities in accordance with the Diesel Idling Reduction Program Call for Projects Guidelines which is hereby made part of this Agreement by reference, except as otherwise identified in this Agreement. 2.4 SPONSOR agrees to continue to use idle -reduction equipment for the number of years identified in SCOPE as Activity Life. 2.5 SPONSOR will own and operate the grant funded idle -reduction equipment within the 9-county service area with frequency identified in the SCOPE Average Monthly Days of Use. 2.6 _SPONSOR agrees that all equipment funded under the Agreement must be _ operated and maintained in accordance with State Law and the SPONSOR's OFFICIAL #�ECClean Fleet Vehicle Ordinance or Resolution, consistent with the Regional CITY SECRETAR'Transportation Council's Clean Fleet Vehicle Policy. FT. VlftiRThi, TX 2.7 SPONSOR agrees that emissions reductions provided by each Scope Activity shall be used by NCTCOG to meet air quality requirements and goals. SPONSOR may not utilize emissions reduction to satisfy other air quality commitments. 2.8 Time of Performance. The SPONSOR shall commence performance of the SCOPE upon issuance of a Notice to Proceed by NCTCOG and the SPONSOR. This Agreement shall terminate November 1, 2010, or upon completion of all Scope activities and reporting requirements, whichever is earlier, unless otherwise terminated by an act as identified in Article 2.9; however, certain reporting requirements identified in this Agreement shall survive termination of this Agreement. 2.9 Termination. Either Party reserves the right to terminate this Agreement in whole or in part. Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall provide for a minimum of 30 days to cure the defect. Termination is effective only in the event the Party fails to cure the defect within the period stated in the termination notice including any written extensions. If the Agreement is terminated, NCTCOG shall only be liable for payment for services rendered before the effective date of termination. If Agreement is terminated, certain reporting requirements identified in this Agreement shall survive termination of this Agreement. The Parties may terminate this Agreement at any time by mutual written concurrence. 3. Amendments. 3.1 Agreement. This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter. 3.2 Severability. In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 3.3 Changed Circumstances. If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. 3.4 Modifications. Any modifications to this Agreement must be reviewed by all parties and agreed to in writing. 4. Budget. 4A Funding Award. The total cost estimate for each Scope Activity is provided in the SCOPE. Congestion Mitigation Air Quality program will fund the implementation of the Tasks outlined in the SCOPE, not to exceed the Award Amount of each Scope Activity or the Funding Cap as described in Section 4.2. 4.2 Funding Cap. As speced in the Diesel Idling Reduction Program Call for Projects, the maximum Award Amount may not exceed 50%. Eligible costs incurred by the SPONSOR that are not reimbursed through payment of the maximum funding award shall be recorded as local match contribution to the project by the SPONSOR. 5. Payments. 5.1 Payment. NCTCOG will reimburse SPONSOR's eligible costs of implementing the Tasks as outlined in the SCOPE under the conditions in this Agreement not to exceed the maximum amount of Fifty thousand dollars ($50,000). 5.2 The maximum amount of reimbursement as identified in Section 5.1 is not a guarantee of payment. The actual amount of reimbursement may be less than the maximum and will be determined under the conditions of this Agreement. 5.3 Reimbursement. Reimbursement shall be made only upon completion of each Scope Activity. A cost may not be considered incurred until the funded technology has been received, accepted, and paid for by the recipient. Requests for reimbursement shall include applicable receipts and shall reflect the total purchase price of the equipment, and shall reflect the local match contribution for which the SPONSOR is responsible and the State portion for which NCTCOG is responsible. 5.4 Eligible Expenses. NCTCOG may reject any request for reimbursement which fails to demonstrate that costs are eligible for reimbursement or which fails to conform to the requirements of this Agreement. Eligible and allowable expenses are limited to costs determined by NCTCOG in its sole discretion as eligible costs necessary for the purchase of equipment as identified in the SCOPE and in accordance with cost principles established in OMB Circular A-87. Costs incurred prior to issuance of a Notice to Proceed by NCTCOG may not be eligible for reimbursement. 5.5 Availability of Funds. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt and availability of funds which are received from the funding agency by NCTCOG dedicated for the purposes of this Agreement. 5.6 Return of Funds. The SPONSOR agrees to return funds received from NCTCOG for reimbursement of Tasks where SPONSOR has failed to comply with the requirements set forth in this Agreement. 5.7 All reimbursement requests prepared by the SPONSOR shall be submitted to the NCTCOG at the address below: North Central Texas Council of Governments Transportation Department Attn: Trina Stokes, Grants Coordinator 616 Six Flags Drive P.O. Box 5888 Arlington, TX 76005-5888 (817) 695-9285 tstokes@nctcog.org 6. Rights. 6.1 Authority. The SPONSOR shall have no authority to act for or on behalf of the NCTCOG except as expressly provided for in this Agreement; no other authority, power, use, or joint enterprise is granted or implied. The SPONSOR may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of NCTCOG 6.2 Assignment. Without the prior written consent of the NCTCOG, the SPONSOR may not transfer or assign any rights or duties under or any interest in this Agreement. 7. Miscellaneous Provisions. 7.1 Property Insurance. The SPONSOR must maintain sufficient property insurance for the repair or replacement of any Scope Activity -funded idle - reduction equipment for the Activity Life as defined in the SCOPE, unless otherwise expressly agreed upon in writing by NCTCOG. 7.2 Insurance Claims. Any insurance proceeds received by or on behalf of the SPONSOR under an insurance policy due to the damage or destruction of a vehicle or technology funded under this Agreement must be utilized to repair or acquire comparable idle -reduction equipment achieving equivalent or greater emissions reductions or be paid to NCTCOG. 7.3 Indemnification. To the extent authorized by law, the SPONSOR shall indemnify, save and hold NCTCOG/Regional Transportation Council (RTC), its officials, officers, and employees harmless from any and all actions, obligations, claims, damages, expenses, costs of any kind, debts, negligence, and liabilities arising from, or in any way related to, acts or omissions of the SPONSOR, its employees, volunteers, subcontractors, or clientele, in the performance of, or failure to perform under, this Agreement. 7.4 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated E or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 7.5 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.6 Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.7 Disputes and Remedies. The SPONSOR and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. 7.8 Public Comment Process. Public meeting and public hearing notices regarding this project shall be provided to NCTCOG within five (5) days of publication. Meeting minutes, summaries of communication, and copies of written responses to public comments and questions shall be transmitted to the NCTCOG Staff Contact as identified on the Agreement Cover Sheet within thirty (30) days following the meeting. 7.9 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the addresses shown below, as applicable, with a copy provided to the Project Manager or Staff Contact identified on the Agreement cover sheet. NCTCOG Mailing Address: Physical Address. Michael Morris, P.E., Transportation Director NCTCOG Transportation Department P.O. Box 5888 Arlington, Texas 76005-5888 Telephone No.: (817) 695-9240 Facsimile No.: (817) 640-3028 SPONSOR Mailing Address: Wayne Corum Equipment Services Director 4100 Columbus Trail Fort Worth, TX 76133 Accessibility and Maintenance of Records. ichael MorrisP.E. Transportation Director NCTCOG Transportation Department 616 Six Flags Drive Arlington, Texas 76011 Physical Address: Same 8.1 Maintenance. The SPONSOR shall maintain a record keeping system for all of its activities, including program records and financial management records, which support and document all expenditures of funds made under this Agreement, in accordance with federal regulations, state rules, and the Interlocal Cooperative Agreement. This section shall not be interpreted to require maintenance of multiple exact duplicate copies of any record or document. 8.2 Retention. All records must be maintained for a minimum of the duration of the activity life as described in the SCOPE after the completion of the project. In the event that any litigation or claim is still pending before the expiration of the four- year period, these records shall be retained until resolution of the litigation or claim. NCTCOG and their duly authorized agents shall have access to all records that are directly applicable to this Agreement for the purpose of making audit examinations. 9. Audits or Evaluations. 9.1 The SPONSOR shall provide NCTCOG, for its review, a copy of any audit received as a result of SPONSOR policy or audits of federal and state governments relating to the expenditure of funds under this Agreement. Such audits shall include or be accompanied by any applicable audit management letter issued and applicable responses to the auditor's findings and recommendations. All audits shall be submitted to NCTCOG within thirty (30) days of receipt of each issued report. 9.2 As applicable, the SPONSOR 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 OMB Circular No. A-128 through August 31, 2000, and stipulated in OMB Circular A-133 after August 31, 2000. 9.3 The SPONSOR understands that acceptance of funds under this Agreement acts as acceptance of the authority of NCTCOG, funding agencies, or their designees to conduct an audit or investigation in connection with those funds. The SPONSOR further agrees to cooperate fully with NCTCOG, funding agencies, or their designees in the performance of an audit or investigation, including providing access to conduct financial and program monitoring of funding awarded to the SPONSOR under this Agreement and to perform an audit of related records that may encompass an examination of financial transactions, accounts and reports, as well as an evaluation of compliance with the terms and conditions of this Agreement. 9.4 The SPONSOR shall authorize NCTCOG, or their designees to inspect, with or without notice, idle -reduction equipment purchased by SPONSOR with funds provided for under this Agreement. 9.5 The SPONSOR will ensure that Article 9.3 concerning the authority to audit funds received indirectly by subcontractors through the SPONSOR and the requirement to cooperate is included in any subcontract it awards under this Agreement. The SPONSOR will include in all subcontracts for work under this Agreement a requirement that subcontractors will provide access to all relevant financial records including bank statements. 10. Representations. 10.1 The SPONSOR hereby ratifies and attests to all representations in the Approved Application (Appendix B) and deliverables it has provided to NCTCOG during the proposal process and agrees to give prompt written notice to NCTCOG if there is any material change in these certifications or deliverables. 10.2 The SPONSOR represents that the Tasks funded under this Agreement are not required by any state or federal law, rule, regulation, memorandum of agreement, or other legally binding document. 10.3 The information and data provided in the original application submitted by the SPONSOR may have been altered after original submittal to NCTCOG, to ensure that the information and calculations in the application are accurate. SPONSOR hereby ratifies, adopts, and agrees to all such alterations. 11. Reports. 11.1 SPONSOR shall provide NCTCOG with all reports detailed in the SCOPE. In addition upon NCTCOG request, SPONSOR shall provide information pertaining to the project and activity usage as identified in SCOPE. 12. Assurances. 12.1 Drug Free Workplace. SPONSOR must make a ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 — 36.230 12.2 Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 12.3 Noncollusion. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the SPONSOR breaches or violates this warranty, NCTCOG shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. 12.4 Gratuities. Any person doing business with or who, reasonably speaking, may do business with NCTCOG under this Agreement may not make any offer of benefits, gifts or favors to employees of NCTCOG. Failure on the part of the SPONSOR to adhere to this policy may result in termination of this Agreement. 12.5 Debarment/Suspension. The SPONSOR is prohibited from making any award or permitting any 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 SPONSOR and its subcontractors and subgrantees shall comply with the special provision "Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions," which is included as Appendix C of this Agreement. 12.6 Restrictions on Lobbying. The Sponsor is prohibited from using those monies for lobbying purposes; the SPONSOR shall comply with the special provision "Restrictions on Lobbying," which is included as Appendix D of this Agreement. The SPONSOR shall include a statement of compliance with the Lobbying Certification and Disclosure of Lobbying Activities in applicable procurement solicitations. Lobbying Certification and Disclosure of Lobbying Activities shall be completed by Third -Party contractors and included in Third -Party contracts, as applicable 12.7 Disadvantaged Business Enterprise (DBE). This Agreement is subject to Title 40 CFR, Part 33 of the General Compliance of Federal Regulations entitled Utilization of Small, Minority and Women's Business Enterprises in the Environmental Protection Agency Financial Assistance Programs. The SPONSOR shall provide DBE certificates for any DBE receiving funding as a Third Party Contract under this Agreement. DBE certificates shall be included in executed Third -Party contracts as applicable. A DBE is characterized as a small business which is at least 51 percent owned by one or more socially and economically disadvantaged individuals (women or minorities), or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 12.8 Compliance with Regulations. During the performance of this Agreement, the SPONSOR, for itself, its assignees, and successors agrees to comply with all applicable local, state, and federal regulations. 12.9 Substitution of Subcontractors. NCTCOG must be notified of all substitutions of subcontracts. Appendices The following appendices are attached and made part of this Agreement. Appendix A Scope of Work Appendix B Approved Application Appendix C Lower Tier Participant Debarment Certification Appendix D Lobbying Certification and Disclosure of Lobbying Activities IN WITNESS HEREOF, the parties have executed this Agreement in duplicate original at Arlington, Tarrant County, Texas, the day of 12010, q No PUBLIC SECTOR SPONSOR Karen L. Montgomery Assistant City Manager NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS R. Michael Eastland Executive Director ATTEST.' APPROVED AS TO FORM: vvayrrc vvrurrr Equipment Services Director APPROVEDi S TO M AND LEGALITY.';' C. Patrick Phillips Assistant City Attorney OFFICIAL RECOR® CITY SECRETARY FT. WORTH, TX Appendix A Scope of Work OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DIESEL IDLING REDUCTION PROGRAM APPENDIX A SCOPE OF WORK CITY OF FORT WORTH The City of Fort Worth will purchase two heavy-duty hybrid work trucks. TASK 1 —Purchase of Idle -Reduction Technology City of Fort Worth will purchase heavy-duty hybrid work trucks for use in applications requiring power take -off (PTO) capabilities, where use of the hybrid system allows the main vehicle engine to be turned off at a work site. The new vehicles must be in service by November 1, 2010. TASK 2 —Operation City of Fort Worth will own and operate the grant funded heavy-duty hybrid trucks for the duration of the NCTCOG approved activity life of seven years for each funded vehicle. The trucks must be operated within the North Texas counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, or Tarrant. City of Fort Worth will optimize the idle - reduction capabilities of the hybrid system by ensuring that the vehicles are used in appropriate work applications in order to meet or exceed the anticipated levels of use identified in the approved application, as outlined in the Application Summary table. Vehicle operations and maintenance must be consistent with the clean fleet vehicle policies set forth in City of Fort Worth Resolution No. 3334-04-2006. TASK 3 —Reimbursement and Reporting City of Fort Worth will complete reimbursement requirements as set forth in the Agreement. Each Request for Reimbursement shall serve as a Project Status Report. The final Request for Reimbursement is due no later than December 1, 2010. City of Fort Worth will complete reporting requirements on asemi-annual basis in a format developed by NCTCOG. Reporting will include information related to the use of the reduction equipment. equipment. This reporting will continue for the duration of the NCTCOG approved activity life of seven years. In addition, City of Fort Worth will fulfill all annual compliance verification requirements of the Clean Fleet Vehicle Policy. Schedule Task Date Scope Activity Implementation Deadline November 1, 2010 Project Usage Report December 31 and June 30 throughout activity life (first report due December 31, 2009) Final Reimbursement Request December 1, 2010 Clean Fleet Vehicle Policy Compliance Verification Due annually throughout the approved Activity Life. Application Summary Scope Idle Reduction Activity Average Daily Idling Average Monthly Awar d Funding Activity Technology Life Hours Days of Amount Cap ' Number {years) Removed Use per Activity Heavy -Duty Truck 1 with Hybrid 7 4 17 $25,000.00 System (PTO 50% Application) Heavy -Duty Truck 2 with Hybrid 7 5 21 $251000.00 50% System (PTO Application) TOTAL $50,000000 Appendix B Approved Application North Central Texas Council of Governments 2008 Diesel Idling Reduction Program Call For Projects Application Instructions To submit projects under the North Central Texas Council of Governments (NCTCOG) 2008 Diesel Idling Reduction Program Call for Projects, please submit two (2) complete application packets (one signed hard copy and one electronic copy) to NCTCOG offices by 5 p.m. CST on January 16, 2009. The electronic copy is preferred via e-mail, but may also be submitted via regular mail on a compact disc.) Please address all applications to: North Central Texas Council of Governments Transportation Department Attn: Lori Pampell P.O. Box 5888 Arlington, TX 76005-5888 Ipa mpell(a)nctcog,org Please use the following checklist to ensure that the application packet includes all of the necessary elements: X 1) Part 1: Applicant Information (completed and signed} X 2) Part 2: Proposal Merit (completed) X 3} At least one of the following: Part 3: On -Site Proposals Part 3: On -Board Proposals • Note: The applicant may include as many vehicles as desired on the appropriate form. Proposals will be evaluated on an activity -by -activity basis. X 4} At least one bid identifying project costs Applicants wishing to purchase new vehicles with integrated idle -reduction systems should include at least two (2) bids: one for the desired vehicle and one for the same make/model without the integrated system installed in order to determine incremental cost. ' On -site infrastructure proposals should include documentation to support the project cost identified in the application. Applicants wha are also manufacturers or technology providers should submit a quote or other justification of the identified project cost for the proposed services provided. X 5) Documentation of applicant policies, if applicable Public Sector Applicants • Clean Fleet Vehicle Policy: If your entity has not already submitted a copy of your signed, adopted policy, please include a copy with your application. To confirm whether NCTCOG has already received a copy, please check the list of adopting entities at www.nctcog.org/fleetpolicy. • Locally Enforced Idling Restrictions: Please submit a copy of this policy with your application. Private Sector Applicants • Please include copies of any policies adopted by you or your company which have similar goals and principles as the Clean Fleet Vehicle Policy and/or Locally Enforced Idling Restrictions. X 6) Additional supporting documentation, if applicable • Documentation of disadvantaged business enterprise certification. For on -site applications, documentation of the feasibility of a location, such as agreements with a property owner, statements of support from a property owner, etc. • Documentation of membership or participation in the EPA SmartWay Transport Partnership, Blue Skyways Collaborative, or otb7f4nil8rpT5,�s0 _ 9 L — L 0 North Central Texas Council of Governments 2008 Diesel Idling Reduction Program Call For Projects Part 1: Applicant Information Click here for Application Assistance lApplicant Information Entity Legal Name (for contracting purposes) CITY OF FORT WORTH Address 4100 COLUMBUS TRAIL FORT WORTH, TEXAS 76133 Phone 817-392-5118 Web site W W W.FORTW ORTH.GOV Have you previously participated in funding opportunities made available through the Regional Transportation Council arullor North Central Texas Council of Governments (NCTCOG)? X Yes _ No Private Sector Are you certified as a Disadvantaged Business Enterprise? _Yes (please include documentation) X No Pro ect Contact Individual Managing Project Implementation Name DON WALKER Title EQUIPMENT SERVICES MANAGER Address 4100 COLUMBUS TRAIL FORT WORTH, TEXAS 76133 Phone 817-392-5105 E-mail don.walkerpfortworthgov.orq Authorized Official Individual Authorized to Enter into Contract with NCTCOG Name WAYNE CORUM Title EQUIPMENT SERVICES DIRECTOR Address 4100 COLUMBUS TRAIL FORT WORTH, TEXAS 76133 Phone 817392-5118 E-mail wayne.corum@fortworthgov.org Applicant Policies Public Sector Has your entity adopted the Clean Fleet Vehicle Policy? X Yes (please include a copy if it has not already been submitted to NCTCOG) No Has your entity adopted the Locally Enforced Idling Restrictions? _ Yes (please include a copy if it has not already been submitted to NCTCOG) X No Private Sector Have you or your company adopted a policy consistent with principles of the Clean Fleet Vehicle Policy and/or Locally Enforced Idling Restrictions? _Yes (please include a copy) X No Project Information Type of Project On -Board, On -Road Idle Reduction Type of Technology Automatic Engine Stop -Start Controls Manufacturer Name (Optional) Freightliner Manufacturer Phone Number (Optional) 817-625-3395 Requested Grant Amount 50000 Anticipated implementation Date Oct-09 Call For Projects Guidelines 1 have read, understand, and agree to abide by the 2008 Diesel Idling Reduction Program Call For Projects guidelines including the surrender of emission credits, reimbursement procedures, and reporting requirements. Initials WC j I� ITestimony to the Accuracy of this Application I hereby certify that, to the best of my knowledge and belief, all information provided in this application and any attachments is true and correct. I further understand that prior to incorporating these forms and information into a grant contract, the data and information may be revised by the NCTCOG for accuracy and that my acceptance of a grant contract will constitute agreement with those revisions. In addition, I understa that NCTCOG has the right to take full State Implementation Plan credit for the emissions reductions achieved through funded projects, nd I agree to surrender a fissions credits to NCTCOG for the full duration of the project life. Signat a of Aut o zed Official Date NCTCOG 2008 Diesel Idling Reduction Program Call for Projects Part 1: Applicant Information NC I COG Diesel Idling Reduction Program 2008 Call for Projects Part 2: Proposal Merit In addition to evaluating proposals on emissions reductions, NCTCOG may consider other factors associated with best achieving the goals of the program. Please use the space below to provide more information regarding your proposal. Applicant Name: City of Fort Worth Current Operations: On•Board Proiect Proposals: Please give a brief description of your current operations, including typical routes travelled (Le. short - haul delivery routes in North Texas, long-distance travel along I-35 corridor, etc.) and the amount of time the vehicle/equipment typically spends idling. On.Sfte Protect Proposals: Please describe the proposed location of your infrastructure. Include details about heavy-duty truck traffic in the area, how many vehicles you anticipate serving, and whether you have already secured a location (i.e. purchased the land, have an agreement with a facility ownerfland owner, etc.). 1. Current Operations: Project 1 - Currently operates on a 4 day work week, 10 hours per day, repairing street and traffic lights within the city of Fort Worth. Through these operations, it idles with the PTO engaged approximately 4 hours per day. Project 2 - Currently operates on a 5 day work week, 8 hours per day. This unit has a truck mounted backhoe that is PTO operated. It is utilized to excavate dirt around underground water pipes for repair breaks and leaks within the city of Fort Worth. It performs this operation approximately 5 hours per day. Protect Description: Please give a brief description of how the proposed project will either enable you to reduce idling in your typical operations or to help others reduce idling in their operations. Please also indicate why the grant funding available is needed to proceed with this proposal. Project Description: oject 1 -This unit is currently assigned as a back up unit but will be replaced and a different unit assigned as a backup unit. The new it will be a Hybrid unit placed in heavy service and the engine will not be operated during PTO engagement. Funds are needed to set the additional cost of purchasing the Hybrid unit. Project 2 -This unit is currently a front line unit and will be replaced with a Hybrid unit. During operation of the backhoe, the engine will not be required to run during PTO engagement. Funds are needed to offset the additional cost of purchasing the Hybrid unit. Feasibility: Please describe how you will ensure that your proposal is implemented successfully in a timely manner Specifically, ', outline the source of the applicant match, planned implementation procedures (Le. will installations be performed in-house or by contractors, will purchases go through a bidding process, etc). Also identify and briefly describe any previous participation in funding initiatives administered by the North Central Texas Council of Governments and/or other federal funding assistance programs. '3. Feasibility: Project 1 -This unit has been approved to be replaced during FY09, but additional funds will not be available to purchase the Hybrid until FY2010, The purchase of the new unit will be by participation through cooperative agreements such as HGAC or Buyboard, or be through sealed bids submitted to the City of Fort Worth. Funds are derived through the City budget for vehicle replacement. >ject 2 -This unit has been approved to be replaced during FY09, but additional funds will not be available to purchase the Hybrid unit it FY2010. The purchase of the new unit will be by participation fhrough cooperative agreements such as HGAC or Buyboard, or may through sealed bids submitted to the City of Fort Worth.Funds are derived through the City budget for vehicle replacement. Partnership: Please describe how your entity is demonstrating partnership in improving air quality in the region and/or in other Regional Transportation Council initiatives. Public sector applicants should discuss adoption of the Clean Fleet Vehicle Policy and/or Locally Enforced Idling Restrictions. Private sector applicants should identify any company policies which have similar goals as these policies. In addition, identify any participation in the EPA SmartWay Transport Partnership, Blue Skyways Collaborative, or other air quality -focused organizations. re City of Fort Worth approved a resolution (No. 3334-04-2006) for adoption of a Clean Fleet Vehicle Policy on April 4, 2006. The City currently developing an anti -idling policy that should be finalized and implemented during FY2010. NCTCOG 2008 Diesel Idling Reduction Program Cail for Projects Part 2: Proposal Merit Page 1 of 1 North Central Texas Council of Governments Click Here for Application Assistance Diesel Idling Reduction Program Call for Projects On -Board Applications Example Project 1 Project 2 Project 3 Project Type On -Road or Non Road On-BoT123466 Oa-Board, On -Road Idle On -Board, On -Road Idle Reduction Reduction Vehicle/Equipment Type On - On -Road Heavy Duty On -Road Heavy Duty VIN (On -Road Only) 11FDXK84A6KVA37081 IHTSCAANOVH447441 License Plate Number (On -Road Only) TX 563-058 TX 713490 Vehicle/Equipment Make Freightliner Ford International Vehicle/Equipment Model Century Class S/T F800 4700 Does the Vehicle/Equipment Have a Sleeper Cab? Yes No No Model Year 2005 1989 1997 Engine Year 2004 1988 1996 Gross Vehicle Weight Rating (pounds) 804000 35,000 330000 Vehicle! Equipment On -Road Only) Information Average Annual Miles of Operation (On -Road Only) 80,000 10,000 10,000 Horsepower (Non -Road Only) Not applicable Not applicable Not applicable Fuel Type Diesel Diesel Diesel Average Annual Hours of Operation (Non -Road Only) Not applicable Not applicable Not applicable Average Annual Fuel Use (gallons/year) (Optional) 15,000 20860 1,680 Average Hours Idling (hours/day) 12 4 5 Operating Days per Year 260 208 260 Average Operating Days per Month in DFW Ozone Nonattainment 10 17 21 Area Average Operating Days per Month in Blue Skyways Corridor 20 17 21 Idle Reduction Technology Description Auxiliary Power Unit Hybrid Truck Hybrid Truck Fuel Type Diesel Diesel Diesel Model Year 2008 2010 2010 Horsepower 34 NIA N/A Idle Reduction Device Information Emission Standard (See Non -Road Emission StandardsTable) 5.32 NIA N/A Operating Days per Year 260 208 260 Anticipated Number of Idling Hours Reduced (hours/day) 8 4 5 Anticipated Gallons of Fuel Savings (gallons/day) 8 4 3 Activity Life in Years (See Activity Life Tablel 7 7 7 Total Project Cost $12,000,00 $50,000,00 $50,000,00 Incremental Cost $12,000.00 $25,000.00 $25,000.00 Requested Grant Amount $5,000.00 $253000.00 $25,000.00 Applicant Match $7,000,00 $253000.00 $259000.00 Funding Source of Applicant Match Company Funds Company Funds Company Funds When will applicant matching funds be available? 6 months from project 12 months from project 12 months from project approval approval approval Identify any additional financial assistance anticipated to be used Not applicable Not applicable Not applicable for this project i.e. State Local Loans Financing) Identify the amount of any additional financial assistance Not applicable Not applicable Not applicable anticipated to be used for this protect Anticipated Start Date of Project (Start purchasing process) 6 months from project Oct.og Oct-09 approval Project Information Anticipated Completion Date of Project (installation complete and 8 months from project Apr-10 Apr-10 device operable) approval Number of Bids Included 1 1 1 NCTCOG 2008 Diesel Idling Reduction Program Call for Projects On -Board Idle Reduction Proposals Page 1 of 1 From: T] Lupinacci[mailto:tjlupinacci@atcfreightliner.com] Sent: Friday, January 16, 2009 1:43 PM To: Zobel, Mike Subject: From the Desk of Steve Hancock The following pricing are for budgeting purposes only. Actual purchase price will be based on requested delivery date, price level at time of purchase and body availability and pricing. Utility Service truck $103500.00 Hybrid $153500.00 40 Ft aerial unit $153,700.00 Hybrid $2039700.00 T.J. Lupinacci New Truck Sates Fort Worth Freightliner Sterling &Western Star 1804 NE Loop 820 Fort Worth, TX 76106 (81� 625-3395 direct (817) 897-8815 cell jluyinacci(cr�,atcfreigJrtl finer. com C r. Appendix C Lower Tier Participant Debarment Certification OFFICIAL RECORD CITY SECRETARY T. WORTH, TX LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION (Negotiated Contracts) John J. Dale being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither City of Fort Worth nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: Signature of Certifyi Title Purchasing Manager 5/6/2010 Date of Certification Form 1734 Rev.10-91 TPFS OF�II:IAL RECORD CITY SECRETARY T. WORTH, TX Appendix Lobbying Certification and ®isclosure of Lobbying Activities OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf %J the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Director of Ecruipment Services Title City of Fort Wortn Agency May 5, 2010 Date TxDOT 1-91 TPFS TO: Don Walker, Equipment Services Department FROM: Allison Tidwell, City Secretary's Office DATE: May 215 2010 SUBJECT: GRANT IN THE AMOUNT OF $509000.00 TO REIMBURSE THE INCREMENTAL DIFFERENCE ON THE PURCHASE OF TWO HYBRID HEAVY DUTY VEHICLES (C-24037) These documents are being forwarded to you for original signatures from the North Central Texas Council of Governments. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 3 sets M&C Review Page I of 2 Official site of the City or Fort 1No th, Texas DATE: 1/26/2010 REFERENCE **C-24037 LOG NAME: 21IDLEREDUCTIONGRANT NO.. 000 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Application for, Acceptance and Execution of a Grant in the Amount of $50,000.00 from the North Central Texas Council of Governments to Reimburse the Incremental Difference on the Purchase of Two Hybrid Heavy Duty Vehicles, Authorize Waiver of Indirect Costs and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for, accept and execute if awarded, a grant from the North Central Texas Council of Governments for the reimbursement of the incremental difference on the purchase of two heavy duty hybrid vehicles in the amount of $50,000.00; 2. Authorize a waiver of indirect costs; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of $50,000.00 in the Grants Fund. DISCUSSION: The Dallas/Fort Worth Metropolitan Area is categorized as anon -attainment area for ozone. As such, the Clean Air Act Amendments of 1990 require the area to show control strategies that will reduce emissions. On April 4, 2006, the City Council adopted the Clean Fleet Vehicle Resolution (Resolution No. 3334- 04-2006) that outlined the acquisition, operation and maintenance standards for the City of Fort North's fleet. In January 2009, Equipment Services Department (ESD) submitted a request for a call for projects under the Diesel Idle Reduction Plan through the North Central Texas Council of Governments. Both of these units have Power Take Off (PTO) operations that currently require engine operation to function. With the Hybrid technology, the engine is turned off and the PTOs are operated by battery through an electric motor component, thus reducing engine idle time. Engine idle time reduction is estimated to be between four and five hours per day. This will reduce the emission output by approximately 35 percent as well as decrease fuel consumption by an estimated 910 gallons per year over a standard configured vehicle. The estimated cost associated with purchasing these two vehicles, less the estimated salvage value, is $355,000.00. If the purchase order is issued too late to obtain 2009 year model engines, there may be a $12,000.00 increase to the purchase cost for 2010 year model engines, but will not affect the grant reimbursement amount. Funding for the replacement of these vehicles is included with the adoption of the Fiscal Year 2010 budget. Based on the TCEQ Program guidelines, the City is eligible to be reimbursed for 50 percent of the incremental difference between the hybrid unit and a non - hybrid unit or up to $50,000.00 ($25,000.00 each). These vehicles will be purchased using funds from the established grant fund that will be comprised of 50 percent of the incremental difference (up to http://apps.cfwnet.org/council.packet/mc review.asp?ID=12472&councildate=l/26/2010 5/21/2010 M&C Review Page 2 of 2 $50,000.00) and the remaining balance transferred from the PE45 Water and Sewer Operating Fund (Water Department - Field Operations) and GG01 General Fund (Transportation and Public Works). Reimbursement is contingent upon the vehicle being disposed in accordance with guidelines established in the Agreement. Current guidelines indicate that the engine and/or vehicle must be destroyed or rendered inoperative and documentation must be provided. No other alternate methods A disposal have been approved by TCEQ. A waiver of indirect costs is requested due to all indirect costs are included in the standard Equipment Services Department's charges to the ESD Administrative accounts for the owning departments. There are no additional charges associated with or charged to this grant. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, award of the grant and upon adoption of the attached appropriation ordinance, funds will be available in the current capital budget as appropriated, of the Grants Fund. Funds will be reimbursed by the grantor after expenditures are made. TO Fund/Account/Centers 3R74 451409 020203440000 $50,000.00 3R74 541360 020203440010 $50,000.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 21 IDLEREDUCTIONGRANT AO.doc FROM Fund/Account/Centers Karen Montgomery (6222) Wayne Corum (5118) Wayne Corum (5118) http://apps.cfwnet.org/council�acket/mc review.asp?ID=12472&councildate=l/26/2010 5/21/2010