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HomeMy WebLinkAbout1999-271P\SHA MDE VSLWur NO,tl ORDINANCE NO 11-,971 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE FUNDING OF AN ALTERNATIVE FUELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON ORDAINS SECTION 1 That the City Manager is authorized to execute an agreement for funding an alternative fuels program between the City of Denton, Texas and the State of Texas, acting by and through the Texas Department of Transportation, a copy of such agreement is attached hereto and incorporated herein for all purposes SECTION 2. The City is authorized to expend the funds as designated in the Agreement herein approved SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the L_ d 1_ay of , 1999 JA C LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CSJ 0918-45-955 STATE OF TEXAS § Fiscal Year 1999 and 2000 No of Vehicles 4 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 Denton, 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 06/08/99 v Page 1 of 5 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 17th day of August 1999, the Recipient's ruling board, passed-jte4kAA i No 99-271 , attached hereto and identified as EXHIBIT "A", authorizing the Recipient's participation in the Alternative Fuels Program, and WHEREAS, on the 291h day of July, 1993 , the State's Texas Transportation Commission passed Minute Order No 102542 , 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, 2000 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 Sectoi, Non - I ransit Alternative Fuel Vehicles, attached hereto and identified as EXHIBIT "C" 3 FUNDING RESPONSIBILITIES The maximum amount payable for FY 1999 / FY 2000, under this cost reimbursement agreement is $35 711 0 These amounts are based on the CMAO Alternative Fuel Vehicle Project Submittals attached hereto The Recipient will be responsible for securing the non-federal funding share required for financing the Alternative Fuels Program The Recipient shall comply with the cost principles established in OMB Circular A-87, "Cost Principles for State and Local Governments" 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 tedeial participating funds The Recipient shall submit the, StatL,, Form 132, Billing Statement to the. 06/08/99 Page 2 of 5 following address Mr Moosa Saghian, P E , Texas De aartment of Transportation, P O Box 3067, Dallas, Texas 75221-3067 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 heremabove 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 8. 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 06/08/99 ' Page 3 of 5 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 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 Jay R Nelson, P E District Engineer Texas Department of Transportation 4777 E Highway 80 Mesquite, Texas 75150-6643 06/08/99 o Page 4 of 5 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 (41CFR60) and with Minority Business Enterprise requirements (49CFR23) as applicable and to the extent these laws and requirements are not in conflict with or considered unconstitutional under case law IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts 10 Michael W. Jg7 Typed Name City Manager Title August 17, 1999 Date THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission Jay R Nelson Dallas District Engineer TTEST Date 06/08/99' Page 5 of 5 EXHIBIT "A" 1 SIIARM )Fpri,I O nlwxumemf WIDAIW<,"AI1<mn crud 4r ORDINANCE NO 6AI—,; 1 AN ORDINANCE AUTHORIZING I HE CITY MANAGER TO EXECU FE AN AGREEMENT FOR THE FUNDING OF AN ALrLRNAIIVE FUELS PROGRAM BETWEEN THE CITY OF DENTON, TEXAS AND THE S rA I E OF TEXAS THROUGH rHE TEXAS DEPARTMENT OF IRANSPORTAr1ON, AUTHORIZING IIIL• EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE rHE COUNCIL OF THE CI rY OF DEN FON ORDAINS SECTION L That the City Manager is authorized to execute an agreement for funding an alternative fuels program between the City of Denton, Texas and the State of I exas, acting by and through the Texas Department of Transportation, a copy of such agreement is attached hereto and incorporated herein for all purposes SECTION 2, The City is authorized to expend the funds as designated in the Agreement heiem approved SECTION. 3 Ihat this ordinance shall become effective immediately upon its passage and approval m- PASSED AND APPROVED this the J�day of 1999 JA( ��R,AYOR A rTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM I IERBERT L PROUTY, CITY ATTORNEY BY ,C. � r Gf EXHIBIT 6 TEXAS TRANSPORTATION Ulan uStuM t10US County MINUTE ORDER Page 1 of 5 Pages ,trict No VARIOUS WHEREAS, the Project Development Plan (POP) of the Texas Department of Transportation is a ten year plan which authorizes project planning and development, and is submitted to the Texas Transportation Commiss•on for approval on an annual basis; and WHEREAS, the 1993 Transitional POP was structured and developed with categories to utilize the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and WHEREAS, development and construction of many projects in the POP are subject to the approval/concurrence of the Metropolitan Planning Organizations (MPOs); and WHEREAS, the MPOs have recently made significant modifications to the list of projects which they propose to include in their Transportation Improvement Programs (TIPS), and WHEREAS, the letting to contract of projects contained in the POP is further subject to the availability of projected funds, and WHEREAS, the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy of the 1993 Transitional POP was outlined in Minute Order 101106 dated June 24, 1992 and amended in Minute Order 101590 dated October 28, 1992, and WHEREAS, Minute Order 101588 dated October 28, 1992 approved the structure of the allocation program portion of the 1993 Transitional POP, and authorized projects in various allocation programs; and WHEREAS, an update of these previously authorized projects and policies is required to more accurately depict and properly guide planning and development; and WHEREAS, it is appropriate to address the status of the 1993 Transitional POP and the approval of the 1994 POP separately with respect to mobility and allocation categories, and TEXAS TRANSPORTATION COMMISSION )AR10US County MINUTE ORDER Page 2 of 5 Pages )istrict No VARIOUS WHEREAS, for mobility categories, Minute Order 101106 and subsequent Minute Orders 0 586 and 101587 dated October 28, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 1 - Interstate Construction, Category 3A - National Highway System (NHS) Mobility, Category 38 - NHS Texas Trunk System, Category 30 - NHS Traffic Management, Category 3E - NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility; and WHEREAS, for mobility categories, Minute Order 101588 and subsequent Minute Order 0 65 dated December 22, 1992 approved specific projects for various levels of authorization in the 1993 Transitional POP in Category 4C - Surface Transportation Program (STP) Metropolitan Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation, Category 5 - Congestion Mitigation and Air Quality Improvement, and WHEREAS, for allocation categories, Minute Order 101588 and subsequent Minute Order 101761approved specific projects in the 1993 Transitional POP in Category 4A - 1993 Highway Safety Improvement Program, 1993 Federal Railroad Signal Program, and 1993 Railroad School Bus Signal Program, Category 6 - 1993-1995 On State System Bridge Program, and 1993-1995 Off State System Bridge Program, Category 8 - 1992-1994 Farm to Market Road Program, and Category 16 - 1993 Railroad Grade Cross Replanking Program; and WHEREAS, several of the allocation programs approved in the 1993 Transitional POP currently have unobligated balances for which projects have now been identified as additions to the previously approved programs, and WHEREAS, Minute Order 101765 authorized district allocations for the allocation program portion of the 1994 POP, and directed that when the projects have been selected for allocation programs (other than "bank balance" programs), the programs be returned to the attention of the Commission for approval of specific projects, and TEXAS TRANSPORTATION COMMISSION NRIOUS County MINUTE ORDER Page 3 of 5 Pages istrict No VARIOUS WHEREAS, projects have now been identified for the allocation programs of the 1994 POP, NOW, THEREFORE, IT IS ORDERED that the structure of the various categories of work, including the description, the restrictions, the method of allocation and policy outlined in Minute Orders 101106 and 101590 is hereby cancelled; and IT IS FURTHER ORDERED for mobility categories that he authorization for the Category 3A - NHS Mobility, Category 38 - NHS Texas Trunk Sytem, Category 30 - NHS Traffic Management, Category 3E NHS Miscellaneous, Category 12 - Commission Strategic Priority and Category 13 - State Mobility projects listed in Minute Orders 101106, 101586 and 101587 are hereby cancelled, and IT IS FURTHER ORDERED for mobility categories that the authorization for Category 4C - STPMetropolitan Mobility/Rehabilitation, Category 40 - STP Urban Mobility/Rehabilitation, Category 4E - STP Rural Mobility/Rehabilitation and Category 5 - Congestion Mitigation and Air Quality Improvement projects listed in Minute Orders 101588 and 101765 are hereby cancelled, and IT IS FURTHER ORDERED for allocation categories that the projects approved as a part of past allocation programs that have not been selected for other categories of the 1994 POP shall retain their authority in those programs, and TEXAS TRANSPORTATION COMMISSION 1RIOUS County MINUTE ORDER Page 4 of 5 Pages istrict No. VARIOUS IT IS FURTHER ORDERED that the 1994 PROJECT DEVELOPMENT PLAN as shown in the following exhibits is hereby approved Exhibit A - Structure of the various categories of work, including descriptions, restrictions, methods of allocation and policy Exhibit B - Interstate Construction (Category 1) Exhibit C - National Highway System (Category 3) NHS Mobility, NHS Texas Trunk System, NHS Traffic Management Systems, and NHS Miscellaneous. Exhibit 0 - Surface Transportation Program (Category 4) 99�4 Highway Safety Improvement Program, 1994 Federal Railroad Signal Program, 1994 Railroad School Bus Signal Program, 1993-2002 Metropolitan Mobility/Rehabilitation Program, 1993- 2002 Urban Mobility/Rehabilitation Program, 1993-2002 Rural Mobility/Rehabilitation, and 1994 Railroad Grade Separations Program Exhibit E - Congestion Mitigation and Air Quality (Category 5) Exhibit F - Bridge Replacement/Rehabilitation (Category 6) 993- 995 On State System Bridge Program (Additions), 1996 On State System Bridge Program, 1993-1995 Off State System Bridge Program (Additions), and 1996 Off State System Bridge Program TEXAS TRANSPORTATION COMMISSION �RIOUS County MINUTE ORDER Page 5 of 5 Pages istriCt No VARIOUS DmiLted by Exhibit G - Farm to Market Road Program (Category 8). 992-19 4 Farm to Market Road Program (Additions) and 1995 Farm to Market Road Program. Exhibit H - Commission Strategic Priority (Category 12) Exhibit I - State Funded Mobility (Category 13) Exhibit J - Miscellaneous Programs (Category 16) 994 atlroad Grade Crossing Replanking Program. IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with project development for the projects included in Exhibits 8 through J to include any necessary agreements, right of way acquisition, utility adjustments, and relocation assistance, subject to the policies of the Texas Department of Transportation and all applicable Federal and State laws governing the acquisition policies for acquiring real property IT IS FURTHER OROERLO that the specific allocation programs authorized by Minute Order 101765 for the 1993 transitional Project Development Plan shall remain active and in effect IT IS FURTHER ORDERED that the sections of highway shown in Exhibit K are hereby designated as a part of the State Highway System subject to the conditions indicated IT IS FURTHER ORDERED that this Minute Order be effective as of September 1, 1993. Examined and recommended by -ector of Highway esign Approved Associate Executive Director Executive Director Minute Number 102542 Date Passed JUL 29 93 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 "I" The amounts established in Attachment "1" 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 along with the partially executed Agreement 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 funding under this program An emissions test demonstrating air quality benefits will be required by 12/29/98 r Pagel of 2 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 , M4240 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, Centerpomt 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 9 Page 2 of 2 J ■ U_ E W Z J LL c ~ N LUV� t=0 aa� N W O .i N ro a N 44 N N W 1251 EXHIBIT "D" COST ESTIMATE Vehicle Type er 5f Vehicles 7onversion er Vehicle r i onv oFuelType Summary Automobile Liaht-dutv Truck Heavy-duty Truck Automobile Light -duty Truck Heavy-duty Truck Automobile Light -duty Truck Heavy-duty Truck Total = Less Federal Participation = ( ) Local Participation Cost = (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 12/29/98