HomeMy WebLinkAbout2015-424 AMS - NC State University - SPARCS for alternative fuel (propane) program for County vehicles - Grant Reimbursement to Orange County $84,840 —Please return this copy to the Clerk to the Board's —
4M5 office for permanent agenda file.
Development Work Order
The Parties: University: Subcontractor:
NC State University Administrative Contact: Orange County,NC Administrative Contact:
SPARCS Wendy Moore 131 W.Margaret Lane Name: Bonnie Hammersley
2701 Sullivan Drive,Suite 240 919-513-1190 Hillsborough,NC 27278 Phone: 919-245-2306
Campus Box 7514 wjm @ncsu.edu
Raleigh,NC 27695 Alt.sps @ncsu.edu EIN: Email:
DUNS: 091575191 bhammersle oran ecoun nc. ov
Ph: 919-515-2444 Project/Technical Project/Technical Director:Name:
Fax:919-515-7721 Director: Brennan Bouma
Anne Tazewell Phone: 919-245-2626
919-513-7831 Fax: 919-644-3001
anne tazewell@ncsu.edu Email:bbouma oran ecoun nc. ov
Agreement# Mod.# ®Cost Reimbursement Period of Performance/ Total Amount Funded:
2010-0499-53 0 ❑Fixed Price Order Delivery Date $84,840.00
05/01/2015-03/31/2016 Cost Share Requirement:
$21,773.00
Appendices included: ® "A"Statement of Work&Budget, ® `B"Federal Reps&Certs, ®"C"Special Terms, ®"D"Prime Agreement
1. Purpose: Subcontractor agrees to use reasonable efforts,working as an independent contractor,to perform the public service(hereinafter
called"Work")as described in the proposal that is incorporated into this Order as Appendix A.
2. Payment:This is a Cost Reimbursement Order.University agrees to reimburse Subcontractor's costs for work performed based upon
completion of scope of work in Appendix A. Subcontractor will make persons and records available for audit for 3 years. Subcontractor
agrees not to exceed the Total Amount Funded without written modification to this Order. In the event that Subcontractor fails to submit
either a FINAL invoice or request for no-cost extension within the time frame established above,NCSU shall consider the last regular
invoice to be the FINAL invoice. Any unexpended balance from the Total Amount Funded will be automatically deobligated and no
finther payments will be made from this Work Order.
3. Invoices: Invoicing requirements are incorporated in Appendix A.Send invoices to Andrea Bachrach,NC State University,College of
Engineering/NC Clean Energy Technology Center,Campus Box 7409,Raleigh,NC 27695 or by email to andrea_bachrach@ncsu.edu.The
final invoice shall be submitted not later than thirty(30)days after the end of the period of performance
4. Federal Funding: Regulatory and Programmatic requirements for Federal funds are incorporated as Appendix B when required.
5. Reports: All Deliverables must be submitted in accordance with the schedule in Appendix A.
6. Warranty: The Work including any Deliverables or reports are provided on an"as-is"basis. Subcontractor makes no warranties,
expressed or implied,as to any matter whatsoever,including without limitation,the ownership,merchantability,or fitness for a particular
purpose.
7. Ownership: Subject to the rights of the Federal Government,neither Party transfers by operation of this Agreement any intellectual
property rights that either Party now owns or hereafter acquires in the performance of the Work.
8. Publication: Subcontractor has the right to publish any of the results of the Work. Subcontractor must furnish University with a copy of
any proposed publication or public disclosure,at least 30 days in advance of the proposed publication date to allow the University to
review the publication for proprietary information. Subcontractor agrees to acknowledge the support of the University in publication.
9. Use of Name: Neither party will use the name of the other in any form of advertising,publicity,or in connection with the sale of a product,
without the express written permission of the other party.
10. Confidentiality: No confidential or proprietary information will be disclosed during the course of this project.
11. Termination: University may terminate performance under this Agreement upon 30 days written notice to the other party for cause.Upon
receipt or issuance of a termination notice,Subcontractor will proceed in an orderly fashion to conclude the Work,limit or terminate where
possible,any outstanding commitments. The parties agree that in the event of insolvency or bankruptcy,or the filing of a petition in
bankruptcy or similar arrangement,this agreement will be immediately terminated.If this agreement is terminated,the disposition of
equipment is at the discretion of the federal funding agency.The useful life of the equipment has been determined to be three years.If the
equipment ceases to be used as it is designated for in the scope of work and/or in case of bankruptcy or insolvency within the period of
useful life,the federal government reserves the right to require reimbursement by subcontractor for the amortized value of the federal
government's initial investment.
12. Assignment:This agreement is binding upon and inures to the benefit of the parties and may be assigned only to the successors to
substantially the entire business and assets of the respective parties.Any other assignment_by either party without prior written consent of
the other party is void.
13. Limited Liability: Each party agrees to be responsible for their own negligence and the negligence of their employees and agents.
Subcontractor agrees to indemnify and hold harmless University from any claims of third parties arising out of any act or omission of the
Subcontractor in connection with the performance of this subcontract.
14. Governing Law: This agreement shall be governed and construed in accordance with the laws of the United States and North Carolina,
without regard for conflicts of laws provisions. Legal actions will be adjudicated in a court of competent jurisdiction.
15. Entire Agreement: This embodies the entire understanding of the Parties. It supersedes any prior or contemporaneous representations,
either oral or written.
rcial of NC Star By an Authorized Official of the Subcontractor
[w12ctW -S l
N *00(ft�1:4 t 9176 Name,Title /44�ate: iq
LIZ
dated 7-2015
2010-0499-53
Appendix A 1 of 6
Clean Fuel Advanced Technology LPG Proposal Application
Overview
Organization: Orange County NC
Project Coordinator: Brennan Bouma
Address: 131 W. Margaret Lane
City: Hillsborough County: Orange Zip: 27278
Telephone: 919-245-2626 FAX: 919-644-3001
Email: bbouma @orangecountync.gov
Alternate Contact Person/Telephone/Email:
Alan Dorman / 919-245-2627 / adorman @orangecountync.gov
Project location (if different than applicant location)
Address: Motor Pool Facility, 600 NC Highway 86 North
City: Hillsborough County: Orange Zip: 27278
Applicant type (check one): Public FX—] Private
Total Project Cost: $106,613 Amount Requested: $84,840
Matching Funds: $21,773 (minimum 20% of total project cost)
Statement of Work
Task#1: Acquisition and Installation of Equipment or Infrastructure.
Orange County will team with Alliance AutoGas to convert 19 vehicles that currently run on
conventional unleaded gasoline to operating on propane AutoGas using the PRINS bi-fuel system.
The PRINS bi-fuel system is an EPA Certified Vapor Sequential Injection system that starts on
gasoline, immediately switches to propane AutoGas, thereby allowing the Orange County Sheriff's
Office, Emergency Services and Orange County Public Transit to better utilize their service fleet
within the non-attainment portion of Orange County. The 19 CFAT funded vehicles are part of an
overall initiative by Orange County to successfully incorporate alternative fuels into their fleets and to
continue their commitment to alternative fuel sources and emission reductions.
With Alliance AutoGas providing the turn-key propane solutions through its founding partners,
Blossman Gas, Orange County will be able to strategically place the necessary propane AutoGas
fueling infrastructure (at no cost to the county). The propane AutoGas fueling infrastructure will be
1
2010-0499-53
Appendix A 2 of 6
Clean Fuel Advanced Technology LPG Proposal Application
sized in such a manner as to accommodate the county's future needs for propane AutoGas, well
beyond the three year commitment for this project.
Orange County will work with Alliance AutoGas to integrate the new fueling infrastructure into our
current Fuel Management system. This will involve an additional gauge which will be installed by Go
Energies.
Orange County will receive the necessary training to have its maintenance facility and technicians
certified to perform all conversions of the EPA Certified PRINS bi-fuel systems for this project, as well
as any future Orange County fleet vehicle conversions to the PRINS system.
Orange County will meet all relevant local, state and federal permitting/purchasing requirements
related to this project and will utilize the propane-converted vehicles for a minimum of three years.
TASK 1 DELIVERABLES
• Deliverable 1.1: Copies of paid invoices for all costs associated with project will be
provided.
• Deliverable 1.2: Brief description of what was accomplished will be provided.
Task#2: Usage tracking of project technology/fuel.
Orange County agrees to utilize quarterly tracking form provided by NC Clean Energy and
Technology Center and/or another mutually agreed format to track technology usage such as vehicle
miles traveled and gallons of propane used.
Gasoline displacement: Driving on propane 90% of the time, we expect the 19 vehicles involved in
this project will displace an estimated total of 110,850 gasoline gallons over the three year period of
the project (or 36,950 annually).
Orange County vehicles in this project travel on average approximately 16,516 miles per year (each).
TASK 2 DELIVERABLES
• Deliverable 2.1: A minimum of 6 months of recorded usage will be provided in acceptable
form.
• Deliverable 2.2: An estimate of gallons usage or saved for additional months totaling 36 will
be provided.
Task#3: Public Awareness and Education.
All of the converted vehicles will have Propane Vehicle labeling on them. In addition to this labeling,
Orange County will design a unique logo representing the Alternative Fuel program and this logo will
also be placed on each vehicle. Each fueling station will also be branded with the logo.
See an unapproved draft of our logo below:
2
2010-0499-53
Appendix A 3 of 6
Clean Fuel Advanced Technology LPG Proposal Application
E F ORANGE
COUNTY
NiWI}I C-Moll INN
Orange County will also promote the program through the local and state media as well as at public
forums and functions as appropriate.
The NC Dept. Of Transportation and the NC Clean Energy Technology Center will be recognized as
project sponsors on all public awareness materials.
TASK 3 DELIVERABLES
• Deliverable 3.1: Documentation of all Public Awareness and Education activities will be
provided via quarterly report template provided by the NC Clean Energy Technology
Center.
• Deliverable 3.2: Copies of all press releases and promotional material used to showcase
project to the public will accompany quarterly reports. All press releases will acknowledge
support through the NC Clean Energy Technology Center at NC State University with
federal Congestion Mitigation Air Quality funding provided from the NC Department of
Transportation.
• Deliverable 3.3: Photo of project signage and/or photo of vehicle decals will be provided.
• Deliverable3.4: Documentation of participation in NC Smart Fleet initiative (if applicable)
Task#4: Reporting.
Reports documenting achieved deliverables will accompany all itemized paid invoice reimbursement
requests. Cost share will be documented along with reimbursement requests. A final cost share letter
providing a cost share description and stating total cost share contribution will be submitted on
letterhead with final invoice. A quarterly schedule established by the NC Clean Energy Technology
Center will be used to submit progress reports, technology use tracking forms, invoices and cost
share documentation. A brief final report summarizing the accomplishments of Tasks 1-3 will be
compiled and submitted no later than fifteen days following the completion of the project.
TASK 4 DELIVERABLES
• Deliverable 4.1: Cost share documentation on letterhead will accompany final invoice.
• Deliverable 4.2: Completion of quarterly progress reports
• Deliverable 4.3: Copies of paid invoices for grant funded project[see Deliverable 1.1]will
accompany all requests for reimbursement.
• Deliverable 4.4: One (1) final report summarizing project deliverables.
3
2010-0499-53
Appendix A 4 of 6
Clean Fuel Advanced Technology LPG Proposal Application
Timeline
Proiect Dates: May 1, 2015— March 31 2016
Vt Quarter: *May 1, 2015— June 30, 2015
• Order the 19 PRINS Systems with tanks
• Start PRINS System installation and certify facility and technicians
• Supply installation and repair training to fleet maintenance personnel
• Quarterly report due: July 15, 2015
If submitting more than one invoice for reimbursement, final invoice will be marked as such. If only
submitting one invoice, this will be marked as final. Cost share letter will be submitted with final
invoice(refer to deliverable 4.11.
2"d Quarter: July 01, 2015—September 30, 2015
• Obtain permits and permissions for infrastructure
• Set propane AutoGas fueling infrastructure
• Test and confirm fueling infrastructure operates correctly
• Test and confirm PRINS Systems operate correctly
• Supply safety and operation training to personnel
• Complete PRINS System installations
• Supply safety and operation training to personnel
• Public awareness and education activity
• Quarterly report due: October 15, 2015
3 d Quarter: October 01, 2015 — December 31, 2015
Usage monitoring, recording, and reporting on all program requirements
• Quarterly report due: January 15, 2016
4rd Quarter: January 01, 2016 — March 31, 2016
• Usage monitoring and recording
• Public awareness and education activity
Prepare and submit final report
• Quarterly and final report due: April 15, 2016
*Indicates elongated or shortened quarters due to overall project period.
4
2010-0499-53
Appendix A 5 of 6
Clean Fuel Advanced Technology LPG Proposal Application
Budget
Expense Description Quantity Per Item Cost CFAT Funds 20% Min Cash Total
Match
PRINS System 9 $5,800 $41,760 $10,440 $52,200
Conversion of 2 x E-350
Vans and 7-x E-450 vans
PRINS System to convert 10 $4,800 $38,400 $9,600 $48,000
7 x 2014 Ford Expedition
and 3 x F-150 trucks
PRINS Installation 1 $1,500 $750 $750 $1,500
installation of units,
additional time to train
and certify staff
Fueling Station 1 $988 $790 $198 $988
Integration of Fuel
Management System
(Go Energies)
Fueling Station connection 1 $3,925.00 $3,140 $785 $3,925
to existing
Fuel Master pedestal
(Carolina Earthscapes)
PROJECT TOTAL $84,840 $21,773 $106,613
% of project total 79.6% 20.4%
5
2010-0499-53
Appendix A 6 of 6
Brennan Bouma
Brennan Bouma became Orange County's first Sustainability Coordinator at the end of 2014,
and now leads the County's efforts to integrate sustainability into the daily operations of the
government and the daily lives of County residents. Brennan has more than 14 years of
experience in the Sustainability field, most recently with the Triangle J Council of Governments
Energy and Environment Program, where he served as a regional energy and environmental
planner. His focus areas at TJCOG were electric vehicle planning, affordable housing and
transit research, and regional sustainability coordination.
Before joining Triangle J Council of Governments, Bouma worked as a Research Associate for
the UNC Institute for the Environment. In this position he developed and delivered science-
based educational materials and trainings for broad audiences throughout North Carolina on
environmental health issues surrounding EPA Superfund hazardous contamination sites and
other sustainability topics.
Mr. Bouma has a Bachelor of Science in Biology and a Master of City and Regional Planning,
from the University of North Carolina at Chapel Hill.
Appendix B
Federal Regulatory and Programmatic Requirements
For Federal Flow-through Funding
Prime Federal Funding Agency:US DOT,Federal Highway Administration
Agreement/Grant/Contract Number:C-4902 A
Catalog of Federal Domestic Assistance(CFDA)Number:20.205
By signing this Public Service/Development Work Order,the Subcontractor certifies that to the best of his/her knowledge,
Subcontractor is in compliance with the applicable regulatory requirements listed below. Subcontractor agrees to immediately report to
University any change in its compliance status. See Appendix C of the Federal Demonstration Partnership Operating Procedures
(http://www.nsf gov/bfa/dias/policv/fedrtc/appp unel l pdf)for a complete description of the following: (CFR is"Code of Federal
Regulations",USC is"United States Code",E.O.is Executive Order)
1. Regulations implementing E.O. 12549&12689,"Debarment and Suspension."
2. 'Prohibitions against lobbying as set forth in 31 USC 1352 and 18 USC 1913.
3. Nondiscrimination statutes on the basis of race,color,national origin,sex,blindness,handicap or age.
4. Regulations for the Clean Air Act,42 USC 7401.
5. Regulations for the Clean Water Act 33 USC 1251,as implemented by E.O. 11738.
6. National Scenic Rivers Act of 1968, 16 USC 1271.
7. E.O. 11246, "Equal Employment Opportunity,"as amended by E.O. 11375,and 41 CFR part 60.
8. In accordance with OMB Circular A-129,they are not delinquent on any Federal debt.
9. 'Copeland"Anti-Kickback"Act(18 U.S.C. 874 and 40 U.S.C.276c)
10. 'Davis-Bacon Act,as amended(40 U.S.C.276a to a-7)
11. 'Contract Work Hours and Safety Standards Act(40 U.S.C.327-333)
12. 'Program Fraud Civil Remedies Act of 1986,49 USC 3801 and 5307 and 49 CFR part 31.
13. 4Utilization of small businesses,minority-owned firms,and women's business enterprises,whenever possible through
participation in North Carolina's statewide Historically Underutilized Businesses(HUB)Programs
14. 41 USC 22 No member of the US Congress or the NC General Assembly is entitled to any share of the Agreement or
any benefit arising there from.
15. Compliance with Single Audit Act of 1984,P.L.98-502,and the Single Audit Act Amendments of 1996,31,USC 503,
1111,and 7501 et seq.,and E.O.8248 and 11541,OMB Circular A-133
16. 'Buy America Requirements,23 C.F.R.635.410
17. Drug Free Workplace,2 C.F.R. 182
18. Federal Funding Accountability and Transparency Act,2 C.F.R. 170
19. Universal Identifier and Central Contractor Registration,2 C.F.R.25
The U.S.Federal Government as the prime sponsor of this agreement retains rights to inventions,data,and copyrighted
deliverables created in under this agreement,as prescribed in the following clauses of the Federal Acquisition Regulation:
52.227-11 Patent Rights-Retention by the Contractor(Short Form)(Jun 1997)
52.227-14 Rights in Data-General(Jun 1987)
Footnotes:
'Applies only to awards of$100,000 or greater.
'Applies only to awards and subawards for construction that are valued at$2,000 or greater.
'Applies to Federal assistance awards from the Federal Transit Authority(FTA)
4 23 U.S.C.324;42 U.S.C.2000d,et seq.;49 U.S.0 1615
s NC General Statutes No. 143-48 and 143-128 and NC E.O.No. 150.
6 Applies only to awards and subawards from the US DOT/FHWA
Updated 7-2015
Appendix C
Special Terms
1. Public-Private Partnerships (PPPs)
PPPs must have a legally-binding written agreement in place between the public agency and the private
or non-profit entity before a CMAQ-funded project may be implemented. These agreements should be
developed under relevant Federal and State law and should specify the intended use for CMAQ funding;
the roles and responsibilities of the participating entities; and how the disposition of land, facilities, and
equipment will be carried out should the original terms of the agreement be altered(e.g.,due to insolvency,
change in ownership, or other changes in the structure of the PPP).
2. Changes and Modifications
A. These Terms and Conditions may be altered by subsequent written modifications. Any changes to
the Work Order after the initial Order is executed must be recorded by written modifications.
Modifications must be signed by both parties, except that NCSU may elect to issue the following types of
modifications unilaterally:
1. Changes in key personnel when subcontractor submits a written request for change
2. Revisions to the project budget when subcontractor submits a written request
3. Changes to administrative information
4. Funding actions identified in the approved budget
5. Extension of the project end date (no-cost extension)
B. Subcontractor may reject such unilateral modifications by providing written notice of exceptions to
the NCSU Negotiator/Administrator within 30 days after receipt of said modification. If the
Subcontractor objects to a unilateral modification,the parties will negotiate an acceptable one.
Updated 7-2015
Appendix D 2010-0499-53
Page 1 of 18
NORTH CAROLINA 15t SUPPLEMENTAL AGREEMENT
WAKE COUNTY
DATE: 11/24/2014
NORTH.CAROLINA DEPARTMENT OF
TRANSPORTATION
TIP#: C-4902 A
AND WBS ELEMENTS: PE 44002.1.2
ROW
NORTH CAROLINA STATE UNIVERSITY CON
OTHER FUNDING:
FEDERAL-AID#: CMS-OOS(732)
CFDA#: 20.205
TOTAL SUPPLEMENTAL FUNDS[NCDOT PARTICIPATION] $0
THIS AGREEMENT is made and entered into on the last date executed below, by and between the
North Carolina Department of Transportation,an agency of the State of North Carolina, hereinafter
referred to as the"Department", and North Carolina State University, hereinafter referred to as the
"Agency."
WITNESSETH:
WHEREAS, the Department and the Agency on 4/1012013, entered into a certain Project Agreement
for the original scope: implementing a program to reduce transportation emissions through education,
outreach and providing emission reducing sub-awards for projects in eligible CMAQ counties. The
focus of the program is on expanding the use of alternative fuels,diesel retrofits,and idle reduction,
programmed under Project C-4902 A; and,
WHEREAS, the Agency has requested additional time to complete the Project; and,
WHEREAS, the Department has recently standardized time frames for completion of Projects, based
on the Federal Funding Authorization;
NOW THEREFORE, the parties wish to supplement the aforementioned Agreement whereby the
following provisions are amended:
Agreement ID#5394 1
Appendix D 2010-0499-53
Page 2 of 18
RESPONSIBILITIES
The University shall complete the Project within three years of authorization of Preliminary
Engineering funding, or by 4/29/2016. Completion for this Agreement is defined as completion of all
construction activities or implementation activities, acceptance of the project,and submission of a
final reimbursement package to the Department.
If additional time is needed to complete the Project,then a supplemental agreement must be
executed.The Department and/or FHWA reserves the right to revoke the funds awarded if the
Municipality is unable to meet milestone dates included herein.
Except as hereinabove provided, the Agreement heretofore executed by the North Carolina
Department of Transportation and North Carolina State University on 4/10/2013, is ratified and
affirmed as therein provided.
Agreement ID#5394 2
Appendix D 2010-0499-53
Page 3 of 18
IN WITNESS WHEREOF,this Agreement has been executed,in duplicate,the day and year
heretofore set out, on the part of the North Carolina Department of Transportation and the North
Carolina State University by authority duly given.
L.S, ATTEST: NORTH CAROLINA STATE UNIVERSITY
BY: BY: 6�� &M�6� )
#M 1Q6 a
Assistant Director
TITLE: TITLE: C+ontrad NWtiations
N=Spordwid Programs
DATE: DATE: 10 2P`z
NCGS 133-32 and Executive Order 24 prohibit the offer to,or acceptance by,any State Employee of
any gift from anyone with a contract with the State,or from any person seeking to do business with
the State, By execution of any response in this procurement, you attest,for your entire organization
and its employees or agents, that you are not aware that any such gift has been offered, accepted,or
promised by any employees of your organization.
This instrument has been pre-audited in the manner
required by the Local Government Budget and
Fiscal Control Act.
(SEAL)
(FINANCE OFFICER)
Federal Tax Identification Number EIN:
CAGE:IE7N9
DUNS:04-209-2122
Remittance Address:
North Carolina State University
TRACTS/GRANT;,
,. Lw iX 7214
II)-SUITE 232-266
r`,
NO 27695-721
DEPART OF TRA PORT TIO
BY:
(CHIEF ENGINEER)
DATE: T l J G( 1 J
APPROVED BY BOARD OF TRANSPORTATION ITEM 0: (Date)
i
Agreement ID#5394 3
s
Appendix D 2010-0499-53
Page 4 of 18
NORTH CAROLINA LOCALLY ADMINISTERED PROJECT-
FEDERAL
WAKE COUNTY
DATE: 11/30/2012
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
TIP#: C-4902 A
AND WBS Elements: PE 44002.12
-ROW
NORTH CAROLINA STATE UNIVERSITY CON
OTHER FUNDING:
FEDERAL-AID NUMBER: CMS-OOS(732)
CFDA#: 20.205
Total Funds[NCDOT Participation] $6,228,000
THIS AGREEMENT is made and entered into on the last date executed below, by and between the
North Carolina Department of Transportation, an Agency of the State of North Carolina, hereinafter
referred to as the"Department'and North Carolina State University, hereinafter referred to as the
"University".
WITNESSETH:
WHEREAS, Section 1808 of the Safe,Accountable, Flexible, Efficient Transportation Equity Act—A
Legacy for Users(SAFETEA—LU), establishes the Congestion Mitigation and Air Quality(CMAQ)
program,which require that federal funds be available for certain specified transportation activities;
and,
WHEREAS, North Carolina State University has requested federal funding for the Clean Fuel
Advanced Technology(CFAT)Phase III, hereinafter referred to as the Project,to be implemented in
CMAQ-eligible counties, North Carolina;and,
WHEREAS, subject to the availability of federal funds,the University has been designated as a
recipient to receive funds allocated to the Department by the Federal Highway Administration(FHWA)
up to and not to exceed the maximum award amount of$6,228,000 for the Project; and,
WHEREAS,the Department has agreed to administer the disbursement of said funds on behalf of
FHWA to the University for the Project in accordance with the Project scope of work and in
accordance with the provisions set out in this Agreement; and,
WHEREAS,the Department has programmed funding in the approved State Transportation
Improvement Program(STIP)for the Project; and,
Agreement ID#3777 1
Appendix D 2010-0499-53
Page 5 of 18
WHEREAS,the governing board of the University has agreed to participate in certain costs and to
assume certain responsibilities in the manner and to the extent as hereinafter set out;and,
WHEREAS,this Agreement is made under the authority granted to the Department by the North
Carolina General Assembly including,but not limited to,the following applicable legislation:General
Statutes of North Carolina(NCGS)Section 136-66.1,Section 136-71.6, Section 160A-296 and 297,
Section 136-18, Section 136-41.3 and Section 20-169,to participate in the planning, construction
and/or implementation of the Project approved by the Board of Transportation.
NOW,THEREFORE,this Agreement states the promises and undertakings of each party as herein
provided,and the parties do hereby covenant and agree,each with the other,as follows:
1. GENERAL PROVISIONS
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
All parties to this Agreement,including contractors, subcontractors, and subsequent workforces,
associated with any work under the terms of this Agreement shall provide reports as required by
the Federal Funding Accountability and Transparency Act(FFATA)for this Project.
AGREEMENT MODIFICATIONS
Any modification to this Agreement will be agreed upon in writing by all parties prior to being
implemented.
Any increases to the funding amount will be agreed upon by all parties by means of a
Supplemental Agreement.
LOCAL PUBLIC AGENCY TO PERFORM ALL WORK
The University shall be responsible for administering all work performed and for certifying to the
Department that all terms set forth in this Agreement are met and adhered to by the University
and/or its contractors and agents. The Department will provide technical oversight to guide the
University. The Department must approve any assignment or transfer of the responsibilities of
the University set forth in this Agreement to other parties or entities.
PERSON IN RESPONSIBLE CHARGE
Agreement ID#3777 2
Appendix D 2010-0499-53
Page 6 of 18
The University shall designate a person or persons to be in responsible charge of the Project, in
accordance with Title 23 of the Code of Federal Regulations, Part 635.105. The person,or
persons, shall be expected to:
• Administer governmental project activities, including those dealing with cost,time,
adherence to contract requirements, construction quality and scope of Federal-aid
projects;
• Maintain knowledge of day to day project operations and safety issues;
• Make or participate in decisions about changed conditions or scope changes that
require change orders or supplemental agreements;
• Visit and review the project in accordance with the project scope and scale;
• Review financial processes,transactions and documentation to reduce the likelihood
of fraud,waste,and abuse;
• Direct project staff, University or consultant,to carry out project administration and
contract oversight, including proper documentation; and
• Be aware of the qualifications, assignments and on-the-jab performance of the
University and consultant staff at all stages of the project.
The person in responsible charge must be a full-time employee of the University, but the duties
may be split among several employees, if necessary.
COMPLIANCE WITH STATE/FEDERAL POLICY
The University,and/or its agent,including all contractors,subcontractors,or sub-recipients shall
comply with all applicable Federal and State policies and procedures, stated both in this
Agreement and in the Department's guidelines and procedures, including, but not limited to,the .
Local Programs Management Handbook.
FAILURE TO COMPLY-CONSEQUENCES
Failure on the part of the University to comply with any of the provisions of this Agreement will be
grounds for the Department to terminate participation in the costs of the Project and, if applicable,
seek repayment of any reimbursed funds:
Agreement ID#3777 3
Appendix D 2010-0499-53
Page 7 of 18
2. SCOPE OF PROJECT
The Project consists of implementing the CFAT program,which is designed to reduce
transportation emissions through education,outreach and providing emission reducing sub-
awards for projects in eligible CMAQ counties. The University will implement the program in
accordance with the Statement of Work as shown in Appendix A.
The Department's funding participation in the Project shall be restricted to the following eligible
items:
■ Implementation of CFAT Program
as further set forth in this Agreement.
3. FUNDING
Subject to compliance by the University with the provisions set forth in this Agreement and the
availability of federal funds,the Department shall participate up to a maximum amount of Six
Million Two Hundred Twenty Eight Thousand Dollars($6,228,000),over three federal fiscal
years,as detailed below.The University shall provide a non-federal match,as detailed in the
FUNDING TABLE below,and all costs that exceed the total estimated cost. The Department will
consider other applicable methods of providing the non-federal match. Any proposed non-
standard match shall be reviewed and approved by the Department, prior to authorization of
funding, or amending the authorization of funding.
FUNDING TABLE
Fund Source Federal Funds Reimbursement Non-Federal Non-Federal
Amount Rate Match$ Match Rate
CMAQ $6,228,000 80% $1,557,000 20%
Total Estimated Cost $7,785,000
Funding will be available over a period of three federal fiscal years in the following amounts:
FFY 2013 $2,595,000 [$2,076,000(CMAQ)and$519,000(Non-Federal Match)]
FFY 2014 $2,595,000 [$2,076,000(CMAQ)and$519,000(Non-Federal Match)]
FFY 2015 $2,595,000 [$2,076,000(CMAQ)and$519,000(Non-Federal Match)]
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Appendix D 2010-0499-53
Page 8 of 18
4. TIME FRAME
The University shall complete the Project by 09/30/2015. Completion for this Agreement is
defined as completion of all deliverables and submission of a final reimbursement package to the
Department. The Department will consider requests for additional time to complete the Project.
The Department and/or FHWA reserves the right to revoke the funds awarded if the University is.
unable to meet milestone dates included herein.
5. AUTHORIZATION
Upon receipt of an executed agreement,the Department will authorize Federal funds for the first
year and shall notify the University, in writing, once funds have been authorized and can be
expended. The University shall not initiate any work,nor solicit for any professional services prior
to receipt of written authorization from the Department to proceed. Any work performed,or
contracts executed, prior to receipt of written authorization to proceed will be ineligible for
reimbursement.
6. PROFESSIONAL AND ENGINEERING SERVICES
PROCUREMENT STANDARDS
When procuring professional services,the University must adhere to the following,as applicable:
• Title 23,Code of Federal Regulations, Part 172;
• Title 40 United States Code, Chapter 11, Section 1101-1104;
North Carolina General Statutes 143.84, Parts 31 and 32; 143-129; and 143-131;
• The Department's Policies and Procedures for Major Professional or Specialized
Services Contracts.
Said policies and standards are incorporated in this Agreement by reference at
www.fhwa.dot.aov/leQSrects/leaislat.html and www.ncleg.neUgascripts/statutes/statutes.aso.
SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS
Any contract entered into with another party to perform work associated with the requirements of
this Agreement shall contain appropriate provisions regarding the utilization of Small Professional
Services Firms(SPSF). This policy conforms with the SPSF Guidelines as approved by the
North Carolina Board of Transportation.
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Appendix D 2010-0499-53
Page 9 of 18
• The University shall not advertise nor enter into a contract for services performed as part
of this Agreement, unless the Department provides written approval of the advertisement
or the contents of the contract.
• If the University fails to comply with these requirements,the Department will withhold
funding until these requirements are met.
WORK BY ENTITY
If the Professional or Engineering Services required for this project will be undertaken by the
University, and the University requests reimbursement,then the University must submit a request
and supporting documentation to the Department for review and approval, prior to any work being
initiated by the University.
7. PROCUREMENT
Procurement by the University and/or its subrecipients of material or contracts will be in
accordance with applicable provisions below:
• Title 49,Code of Federal Regulations, Part 18
• Title 49,Code of Federal Regulations, Part 19
• OMB Circular A-102
• OMB Circular A-110
• OMB Circular A-133
8. FINAL PROJECT CERTIFICATION
Upon completion of the Project,the University shall provide a certification to the Department that
all work performed for this Project is in accordance with all applicable standards,guidelines,and
regulations as further defined in the Local Programs Management Handbook.
9. REIMBURSEMENT
SCOPE OF REIMBURSEMENT
J
Activities eligible for funding reimbursement for this Project shall include:
■ Implementation of the CFAT Program
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Appendix D 2010-0499-53
Page 10 of 18
REIMBURSEMENT GUIDANCE
The University shall adhere to applicable administrative requirements of Title 49 Code of Federal
Regulations,Part 19(www.fhwa.dot;gov/lecisre as/directives/fapatoc.htm)and Office of
Management and Budget(OMB)Circulars A-110(www.whitehouse.gov/omb/circularsfndex.htmI
'Uniform Administrative Requirements for Grants and Other Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations." Reimbursement to the
University shall be subject to the policies and procedures contained in Title 23 Code of Federal
Regulations, Part 140 and Part 172,which is being incorporated into this Agreement by reference
at www.fhwa.dot.4ov/legsreas/directives/f`apgtoc.htm and by Office of Management and Budget
(OMB)Circular A-21 (www.whitehouse.gov/omb/circulars/index.htmi "Cost Principles for
Educational Institutions." Reimbursement to the University shall be subject to the guidance
contained in Title 2 Code of Federal Regulations,Part 170
(http://edocket.access.gao.gov/2010/pdf/2010-22705.pdf)and Office of Management and Budget
(OMB)"Federal Funding Accountability and Transparency Act'(FFATA). Said reimbursement
shall also be subject to the Department being reimbursed by the Federal Highway Administration
and subject to compliance by the University with all applicable federal policy and procedures.
REIMBURSEMENT LIMITS
• WORK PERFORMED BEFORE NOTIFICATION
Any costs incurred by the University prior to written notification by the Department to
proceed with the work shall not be eligible for reimbursement.
• NO REIMBURSEMENT IN EXCESS OF APPROVED FUNDING
At no time shall the Department reimburse the University costs that exceed the total
federal funding.
• UNSUBSTANTIATED COSTS
The University agrees that it shall bear all costs for which it is unable to substantiate
actual costs or any costs that have been deemed unallowable by the Federal Highway
Administration and/or the Department's Financial Management Division.
• WORK PERFORMED BY NCDOT
All work performed by the Department on this Project, including, but not limited to,
reviews, inspections,and Project oversight, shall reduce the maximum award amount of
Agreement ID#3777 7
Appendix D 2010-0499-53
Page 11 of 18
$6,228,000 available to the University under this Agreement. If the cost of work done by
the Department exceeds the funding award,the Department will bill the University for the
excess costs.
BILLING THE DEPARTMENT
• PROCEDURE
The University may bill the Department for eligible Project costs in accordance with the
Department's guidelines and procedures.' Proper supporting documentation shall show
evidence of non-federal match and explanation for direct costs and shall accompany
each invoice. At the end of the project,the University will certify that they have met the
20%cost share requirement. Additional information may be required by the Department.
By submittal of each invoice,the University certifies that it has adhered to all applicable
state and federal laws and regulations as set forth in this Agreement.
Along with each invoice,the University is responsible for submitting the FFATA
Subrecipient Information Form,which is available at
httn://www.ncdot.gov/programs/Enhancement/ProjectAdministration/Forms/.
• INTERNAL APPROVALS
Reimbursement to the University shall be made upon approval of the invoice by the
Department's Financial Management Division.
• TIMELY SUBMITTAL OF INVOICES
The University may invoice the Department monthly for work accomplished,but no less
than once every six(6)months to keep the Project funds active and available. If the
University is unable to invoice the Department,then they must provide an explanation.
Failure to submit invoices or explanation may result in de-obligation of funds.
• FINAL INVOICE
All invoices associated with the Project must be submitted within six(6)months of the
completion and acceptance of the Project to be eligible for reimbursement by the
Department. Any invoices submitted after this time will not be eligible for reimbursement.
Agreement ID#3777 8
Appendix D 2010-0499-53
Page 12 of 18
10.REPORTING REQUIREMENTS AND RECORDS RETENTION
PROJECT EVALUATION REPORTS
The University is responsible for submitting quarterly Project evaluation reports, in accordance
with the Department's guidelines and procedures,that detail the progress achieved to date for the
Project.
PROJECT RECORDS
The University and its agents shall maintain all books,documents,papers,accounting records,
project records and such other evidence as may be appropriate to substantiate costs incurred
under this Agreement. Further,the University shall make such materials available at its office
and shall require its agent to make such materials available at its office at all reasonable times
during the contract period,and for five(5)years from the date of payment of the final voucher by
the Federal Highway Administration,for inspection and audit by the Department's Financial
Management Section,the Federal Highway Administration,or any authorized representatives of
the Federal Government.
11.OTHER PROVISIONS
REFERENCES
It will be the responsibility of the University to follow the current and/or most recent edition of
references,websites, specifications, standards,guidelines, recommendations, regulations and/or
general statutes,as stated in this Agreement.
INDEMNIFICATION OF DEPARTMENT
The University agrees to indemnify and hold harmless the Department, FHWA and the State of
North Carolina,to the extent allowed by law,for any and all claim for payment,damages and/or
liabilities of any nature,asserted against the Department in connection with this Project. The
Department shall not be responsible for any damages or claims,which may be initiated by third
parties.
Agreement ID#3777 9
Appendix D 2010-0499-53
Page 13 of 18
DEBARMENT POLICY
It is the policy of the Department not to enter into any agreement with parties that have been
debarred by any government University(Federal or State). By execution of this agreement,the
University certifies that neither it nor its agents or contractors are presently debarred,suspended,
proposed for debarment,declared ineligible or voluntarily excluded from participation in this
transaction by any Federal or State University or Department and that it will not enter into
agreements with any entity that is debarred,suspended,proposed for debarment,declared
ineligible or voluntarily excluded from participation in this transaction.
TITLE VI-CIVIL RIGHTS ACT OF 1964
The University shall comply with Title VI of the Civil Rights Act of 1964, (Title 49 CFR, Subtitle A,
Part 21). Title VI prohibits discrimination on the basis of race, color, national origin, disability,
gender,and age in all programs or activities of any recipient of Federal assistance.
OTHER AGREEMENTS
The University is solely responsible for all agreements,contracts, and work orders entered into or
issued by the University for this Project. The Department is not responsible for any expenses or
obligations incurred for the Project except those specifically eligible for CMAQ funds and
obligations as approved by the Department under the terms of this Agreement.
AVAILABILITY OF FUNDS
All terms and conditions of this Agreement are dependent upon,and, subject to the allocation of
funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate
if funds cease to be available.
IMPROPER USE OF FUNDS,EXCESS USE OF FUNDS
Where either the Department or the FHWA determines that the funds paid to the University for
this Project are not used in accordance with the terms of this Agreement,or if the cost of work
done by the Department exceeds the funding award,the Department will bill the University.
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Appendix D 2010-0499-53
Page 14 of 18
TERMINATION OF PROJECT
If the University decides to terminate the Project without the concurrence of the Department, the
University shall reimburse the Department one hundred percent(100%) of all costs expended by
the Department and associated with the Project.
AUDITS
In accordance with OMB Circular A-133,"Audits of States, Local Governments and Non-Profit
Organizations"(www.whitehouse.aov/omb/circularstal33/al33.html)dated June 27, 2003 and
the Federal Single Audit Act Amendments of 1996,the University shall arrange for an annual
single financial and compliance audit of its fiscal operations. The University shall furnish the
Department with a copy of the annual single audit report within thirty(30)days of completion of
the report.
REIMBURSEMENT BY UNIVERSITY
For all monies due the Department as referenced in this Agreement, reimbursement shall be
made by the University to the Department within sixty(60)days of receiving an invoice. A late
payment penalty and interest shall be charged on any unpaid balance due in accordance with
NCGS 147-86.23.
GIFT BAN
By Executive Order 24,issued by Governor Perdue,and NCGS 133-32, it is unlawful for any
vendor or contractor(i.e.architect,bidder,contractor,construction manager,design professional,
engineer, landlord,offeror,seller,subcontractor, supplier,or vendor),to make gifts or to give
favors to any State employee of the Govemor's Cabinet Agencies(i.e.Administration,
Commerce, Correction,Crime Control and Public Safety,Cultural Resources, Environment and
Natural Resources, Health and Human Services,Juvenile Justice and Delinquency Prevention,
Revenue,Transportation, and the Office of the Governor).
12.SUNSET PROVISION
All terms and conditions of this Agreement are dependent upon,and subject to,the allocation of
funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate
if funds cease to be available.
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Appendix D 2010-0499-53
Page 15 of 18
IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is
subject to the conditions of this Agreement,and that no expenditures of funds on the part of the
Department will be made until the terms of this Agreement have been complied with on the part of
the University.
Agreement ID#3777 12
Appendix D 2010-0499-53
Page 16 of 18
IN WITNESS WHEREOF,this Agreement has been executed,In duplicate,the day and year
heretofore set out,on the part of the Department and the University by authority duly given.
ATTEST: NORTH CA LIN TATE UNIVERSITY
BY: BY:
Nny G John Chaffee
TITLE: TITLE: AISOC�DkeokW Spa mwe-.md PI rcos
DATE:
NCGS 133-32 and Executive Order 24 prohibit the offer to,or acceptance by,any State Employee of
any gift from anyone with a contract with the State,or from any person seeking to do business with
the State. By execution of any response in this procurement,you attest,for your entire organization
and its employees or agents,that you are not aware that any such gift has been offered,accepted,or
promised by any employees of your organization.
Approved by of the North Carolina State University as attested to by
the signature of Clerk of the on
(Date)
This Agreement has been pre-audited in the manner
required by the Local Government Budget and Fiscal
Control Act.
(SEAL) (FINANCE OFFICER)
Federal Tax Identification Number
North Carolina State University
Remittance Address:
DEPARTMENT OF TRANSPORTATION
(CHIEF ENGIN )
DATE:
APPROVED BY BOARD OF TRANSPORTATION ITEM 0: A400/44 r o; 1013 (Date)
Agreement ID#3777 13
Appendix D 2010-0499-53
Page 17 of 18
Appendix A
Statement of Work
Task#1: Establish CFAT(Clean Fuel Advanced Technology)III work plan.
This task includes subcontracting with Triangle J,Centralina, Upper Coastal Plain and Kerr
Tar COGS for education and outreach activities in CMAQ eligible counties. Specific
activities and goals for the 3-year statewide project will be developed through the work plan.
Specific task lists will be reviewed annually and revised as needed to achieve maximum
effectiveness and reach of education and outreach efforts.The University will also develop a
3-year work plan which will be reviewed/revised.
Deliverable:Provide a CFAT III work plan to NC DOT Planning Branch within 60 days of
contract start date. Annual revisions/updates will be provided as developed during the
project.
Task#2: Award emission reduction sub-award grants to applicants for projects located
in CMAQ eligible(non-attainment and/or maintenance)areas in North Carolina.
A minimum of one million dollars annually is budgeted for a competitive call-for-projects
solicitation process. Applicants will be awarded a"not-to-exceed"amount and will be
reimbursed after the items have been purchased/installed. All projects recommended for
funding will be CMAQ-eligible and approved by NCDOT before award by the University. A
press release announcing awards, recognizing NCDOT as project sponsor will be issued to
local media. No CMAQ funds will be utilized to administer the sub awards.
Deliverable: 1)Provide a plan for Call-for-Projects solicitation and selection process, 2)
Request concurrence from NCDOT for recommended projects and 3)Provide list of all
awarded projects and copy of media release announcing project awards. The University will
request a pre-negotiation audit fi-om the Department's F-Wernal Audit Branch for any
project-related subcontract that exceeds$30,000.
Task#3: Createlexpand outreach and educational materials.
Task includes developing and implementing an annual media outreach plan that may include
billboards;radio,TV,web/social media advertising;public service announcements; and web
design. Web based materials may include an electronic newsletter and success stories to
highlight transportation technology air quality solutions. Print materials may include fact
sheets, subject area brochures,signage,bumper stickers and other materials that convey
related messaging. Pertinent materials will be posted on www.cleantransportation.org
website.
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Appendix D 2010-0499-53
Page 18 of 18
Deliverables: 1)Provide media/outreach plan to NCDOT for review and concurrence and 2)
Provide copies of outreach materials&web pages.
Task#4: Organize and conduct outreach and educational efforts,events and training.
These efforts include: technical training,workshops,conference,stakeholder and individual
meetings and presentations. Workshops/conferences may take place in any of the CMAQ
eligible non-attainment/maintenance counties. The University will also provide CFAT
tabletop display at a minimum of 5 events.
Deliverables: 1)Develop a Technical Advisory Group(TAG) to oversee training curricula,
2)Host/Coordinate at least,four annual trainings/events/meetings, 3)Provide NCDOT
opportunity to review proposed training plans and 4)Provide copies of all event materials
(such as print invitations,program agenda and registration list)organized by the NCSC. NC
DOT will be recognized on all related materials.
Task#5: Develop and implement Mobile CARE/Green Fleet Initiative.
Task includes recruitment, annual recognition awards,establishment of rating system for
fleet best practices, and fleet tracking and commitment to implement emission reduction
technologies and practices. An advisory committee will be established to guide
implementation. Mobile CARE awards events will be conducted. These recognitions may
be stand alone occasions or held in conjunction with other events. Events may be held in
various regions such as Triangle,Triad and/or Charlotte.
Deliverable: 1)Host annual Mobile CARE(Clean Air Renewable Energy)awards, 2)
Launch a "green fleets"state initiative, 3)Provide NCDOT opportunity to review
recognition program, and 4)Provide copy of media release about Mobile CARE award
events, copies of the programs from the events, and a list of Mobile CARE Green Fleet
participants.
Task#6 Submit quarterly and final reports to the Transportation Planning Branch.
Deliverable: Quarterly report and final report summarizing awarded emission reduction
projects including project location, entity, and technology and estimated emission
reductions. Reports will also include a summary of education and outreach activities and
lesson learned
Agreement ID#3777 15