R-1737-7-99RESOLUTION NO. 1737-7-99(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS
AND THE STATE OF TEXAS, AUTHORIZING PARTICIPATION IN THE
ALTERNATIVE FUELS PROGRAM; DESIGNATING THE CITY MANAGER OR
HIS DESIGNEE AS OFFICL4,L REPRESENTATIVE OF THE CITY IN MATTERS
RELATING TO THE PROGRAM; AND AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE TO EXECUTE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Interlocal Agreement by and between the
City of Allen, Texas, and the State of Texas, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference (herein called "Agreement"); and,
WHEREAS, upon full review and condition of the Agreement, and all matters attendant and related
thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and
that the City Manager, or his designee shall he authorized to execute it on behalf of the City of Allen;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1: The terms and conditions of the Agreement, having been reviewed by the City Council of the
City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, are
hereby in all things approved.
SECTION 2: The City Manager or his designee of the City of Allen, under the direction of the City
Council of the City of Allen is hereby designated as the official representative to act for the City in all
matters relating to the Alternative Fuels Program.
SECTION 3: The City Manager, or his designee, is hereby authorized to execute the Agreement and all
other documents in connection therewith on behalf of the City of Allen, substantially according to the terms
and conditions set forth in this Agreement.
SECTION 4: This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS IST DAY OF JULY, 1999.
APPROVED:
Stephen Terrell, MAYOR
CA
TTTCITYSEs ETARuu bCMC, CITY SECRETARY
' CSJ: 0918-45-955
STATE OF TEXAS § Fiscal Year 1999 and 2000
No. of Vehicles 8
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 Allen, 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
EXHIBIT A
Resolution No. 1737-7-99
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 -forting 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 1st day of JULY , 1999, the Recipient's ruling board,
passed Resolution No1737-7-99, attached hereto and identified as EXHIBIT "A", authorizing the
Recipient's participation in the Alternative Fuels Program; and
WHEREAS, on the 29" 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 Sector. Non -
Transit Alternative Fuel Vehicles, attached hereto and identified as EXHR3rr "C".
3. FUNDING RESPONSIBILITIES
The maximum amount payable for FY 1999 / FY 2000, under this cost reimbursement agreement is
$13.440.00. 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 federal
participating funds. The Recipient shall submit the State's Form 132, Billing Statement to the
following address: Mr. Moosa SaghianP E Texas Department of Transportation P.O. Box 3067
06/02/99 Resolution No. 17.17-7-99
Page 2 of 5
' 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.
S. 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 parry and shall be cumulative.
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.
06/01/99 Resolution No. 1737-7-99
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 parry 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
06/02/99
Mr. Peter H. Vargas
City Manager
City of Allen
One Butler Circle
Allen, TX 75013
Resolution No. 1737-7-99
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 REOOIREMENTS
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.
THE CITY OF ALLEN
Recipient
By:�--
Peter H. Vargas
Typed Name
City Manager
Title
07/01/99
Date
ATTEST: n
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.
By:
Jay R. Nelson
Dallas District Engineer
Resolution No. 1737-7-99
Page 5 of 5
Date
08/09/99 11:00 CITY OF PLLEN 972 727 0165 4 2143204408 NO.857 P002/003
RESOLUTION NO. 1750--8-99(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
I+ COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE COLLIN COUNTY AND
THE CITY OF ALLEN, TEXAS, CONCERNING THE CONSTRUCTION OF
STACY ROAD IMPROVEMENTS; AUTHORIZING ITS EXECUTION BY THE
CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas has been presented a proposed Interlocal
Agreement by and between the County of Collin, Texas and the City of Allen, Texas for the construction of
Stacy Road Improvements, a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas;
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN.
COLLIN COUNTY, TEXAS:
SECTION 1. That the Agreement attached hereto having been reviewed by the City Council of the City of
Allen. Texas, and found to be acceptable and in the bat interest of the City and its citizens, be, and the same
is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of
the City of Allen, Texas.
SECTTON 2. This Resolution and the Interlocal Agreement are hereby approved by the affirmative vote of
the majority of the members of the City Council of the City of Allen, Texas, at a regularly scheduled meeting
of the City Council.
SECTION 3. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCH, OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE STH DAY OF AUGUST, 1999.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
�-ldtl / hhlh�-Jfl-rGr
Ju Mo on, CMC, CITY SECRETARY
i
TEXAS TRANSPORTATION tUMIu� WK
10�No.
County M1NU7E ORDER Page 1 of 5 Pages
L ,
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 Commission 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
' Ibssotutimt No. 1737-7-99
TEXAS TRANSPORTATION COMMISSION
ARIOUS County MINUTE ORDER Page 2 of 5 Pages
isct No. VARIOUS
WHEREAS, for mobility categories, Minute Order 101106 and
subsequent Minute Orders 101586 and 101587 dated October 28, 1992
approved specific projects for various levels of authorization in the
1993 Transitional POP in Category I - 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 101765 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 101765 approved 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
Resolution No. 1737-7-99
TEXAS TRANSPORTATION COMMISSION
RI9US County MINUTE ORDER Page 3 of 5 Pages
s11t 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 30 - 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 - STP Metropolitan
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
Resolution No. 1737-7-99
TERAS TRANSPORTATION COMMISSION
llaus County MINUTE ORDER
Page 4 of 5 Pages
A I t 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 8 - Interstate Construction (Category 1).
Exhibit
NHS Mobility, NHS Texas Trunk System, NHS Traffic Management
Systems, and NHS Miscellaneous.
Exhibit 0 - Surface Transportation Program (Category 4):
1994 Highway Safety Improvement Program, 1994 Federal Railroad
Signal Program, 1994 Railroad School Bus Signal Program,
1993-2002 Metropolitan Nobility/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):
1993-1995 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.
Resolution No. 1737-7-99
TEXAS TRANSPORTATION COMMISSION
IRIUUS County MINUTE ORDER Page 5 of 5 Pages
15th No. VARIOUS
Exhibit G - Farm to Market Road Program (Category 8):
99� 2-1994 Farm to Market Road Program (Additions) and 1995 Farm to
Market Road Program.
Exhibit H - Commission Strategic Priority (Category 12).
Exhibit 1 - State Funded Mobility (Category 13).
Exhibit J - Miscellaneous Programs (Category 16):
1994 Railroad Grade Crossing Repianking 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 ORDERED that the specific allocationprograms
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.
miLted by. Examined and recommended by:
ector of Highway Design Approved Associate Executive Director
Executive Director
Minute Number 102542
Date Passed JUL 29 93
Resolution No. 1737-7-99
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 "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 (ING)
• 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
Resolution No. 1737-7-99
1229198 Page I 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., IM240 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.
FUEI/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%a) 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.
Resolution No. 1717-7-99
12/29/98 Page 2 of 2
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Page 2 of 2
._. ....-... . FIMENT 1
CMAQ ALTERNATIVE FUEL VEHICLE
PROJECT SUBMITTALS '
EASTERN SUBREGION(Continued)
City of Glenn Heights $7,315 $5,852 Light-Duty Vehicles
3 3 ,.
6i4y-e�6lear�kleigpts Sa;G00 i1.2B0 Se c-p4aepiae
City of Grand PrairieE58,000 $44,800 Light-Duty vehicles
28 28
City of Irving $118,508 $93,205 Light-Duty Vehicles 32
32
City of McKinney $9,000 $7,200 Light-Duty VehiGes
3 3
City of Plano $128,800 $101,280 Light-Duty Vehicles
20 5 25
City of Richardson $118,000 $92,800 Light-Duty VehiGes 20
20
TXDOT-Dallas $97,382 $77,890 Light-Duty Vehicles 40
40
University of North Texas $41,784 $33,427 L+Sht-Duty�Fehtsles
Bus 1 1
TOTALS $3,2773 $2,6x20 618 29958 280 ggg
__ 288 583
Resolution No. 1737-7-99 _
H
EXHIBIT "D"
COST ESTIMATE
�
Fuel Type
Vehicle Type
um ero
Vehicles
onversion os
Per Vehicle
onversion os
Summary
Automobile
Light -duh, Truck
Heavy-duty Truck
Automobile
Light-duty Truck
Heavy-duty Truck
Automobile
Light-duty Truck
Heayy-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
Resolution No. 1737-7-99