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HomeMy WebLinkAboutContract 1668-2South Coast AQMD South Coast Air Quality Management District MODIFICATION TO CONTRACT This modification consists of 9 pages. Contract No. ML14072A Modification 1. RECITALS A. The South Coast Air Quality Management District (hereinafter "SCAQMD") and City of Cathedral City (hereinafter "CONTRACTOR") have previously executed a Contract No. ML14072 to purchase one medium -duty and two heavy-duty compressed natural gas (CNG) on -road vehicles, to install bicycle racks, to implement a bicycle education program, and to install electric vehicle charging stations. B. CONTRACTOR was able to partner with other agencies, benefitting from previously created materials on bicycle education and thereby producing materials at a considerable cost savings. CONTRACTOR requested to utilize the cost savings to expand the educational program through the purchase of bicycles and bicycle safety kits at no additional cost to the MSRC. Additionally, the Contract currently allocates $23,000 for bicycle education program implementation and $18,000 for bicycle rack installation and MSRC staff recommended to reallocate Two Thousand Dollars ($2,000) from the bicycle education program implementation to the bicycle rack installation. At their meeting of June 15, 2017, the MSRC considered and approved CONTRACTOR's requests. Therefore, a modification to this Contract is necessary to modify the work. 2. MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to SCAQMD, as follows: A. Attachment 1A - Statement of Work, attached hereto and included herein by this reference, supersedes the original Statement of Work and any modifications thereof. B. Attachment 2A — Payment Schedule, attached hereto and included herein by this reference, supersedes the original Payment Schedule and any modifications thereof. C. All other provisions of the above -referenced Contract shall remain in full force and effect. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 1 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF CATHEDRAL CITY By: B Wayne Nastri, Executive Officer Name: Title: Contract No. ML14O72A Modification ded_P,ALAr_ Date: Date: APPROVED AS TO FORM: Kurt R. Wiese, General Counsel //Modffication Revised March 8, 2017 2 Attachment 1A Statement of Work City of Cathedral City Contract Number ML14072A 1. Project Elements A. Purchase CNG -fueled Vehicles: The City of Cathedral City (hereinafter referred to as "CONTRACTOR") is to purchase one medium -duty and two heavy-duty compressed natural gas (CNG) on -road vehicles, each with a 10 -year life expectancy and equipped with a dedicated CNG engine. Each medium -duty vehicle must have a gross vehicle weight rating (GVWR) greater than 8,500 pounds, while each heavy-duty vehicle must have a GVWR greater than 14,000 pounds. Each heavy-duty engine must be certified by the California Air Resources Board at, or cleaner than, the 2010 heavy-duty engine emission standards of 0.2 g/bhp-hr for oxides of nitrogen (NOx) and 0.01 g/bhp-hr for particulate matter (PM). B. Install Bicycle Racks: CONTRACTOR is also to install at least 20 bicycle racks in a minimum of 8 locations within the City of Cathedral City. Proposed locations are shown in the table below: Venue Location Number of Racks Senior Center Off Buddy Rogers Avenue 1 Civic Center Avenida Lalo Guerrero 4 Library Off Date Palm Drive 2 Panorama Park Off Avenida Maravilla 2 Century Park Off Century Drive 2 Whitewater Park Off Ocotillo Drive 2 Soccer Park Off 30th Avenue 4 Pickleball Court Off Date Palm Drive & 2nd Street 1 Boys & Girls Club Off Whispering Palms Trail 1 Dog Park & 2nd Street Park Off Buddy Rogers Avenue 1 These locations are understood to be tentative; CONTRACTOR shall notify MSRC staff of any location changes. C. Implement Bicycle Education Program: CONTRACTOR is also to develop and implement a bicycle outreach and education Program, producing/purchasing and distributing or installing as appropriate: i. At least 2,500 educational brochures with information on bike safety, health and fitness, and a map of local bike trails; ii. At least 1,000 bike helmet safety stickers; iii. Mailers about the availability of the bicycle racks (amount in standard circulation); and iv. At least two bicycle -related banners to be installed in the downtown area; and v. At least 68 bikes and at least 68 bike safety kits each consisting of one helmet and one bike repair kit. D. Install EV Charging Stations: CONTRACTOR is also to install at least four "Level II" type EV charging stations at locations within the City of Cathedral City. All stations shall be 1 Attachment 1A Statement of Work City of Cathedral City Contract Number ML14072A publicly accessible and meet current Society of Automotive Engineers 11772 standards. Proposed location is City Hall parking structure, but this is understood to be tentative; CONTRACTOR shall notify MSRC staff of any location changes. CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule. 2. Operation Requirements and Reimbursement for Noncompliance - Vehicles Vehicles are required to operate for a minimum of five years, but it is expected that the vehicles will continue to operate for their entire life expectancy. CONTRACTOR is obligated to comply with the geographical restriction requirements as follows: A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual mileage or engine hours of operation within the geographical boundaries of the South Coast Air Quality Management District for a period of no less than five (5) years from the date the vehicle enters service (new vehicles) or returns to service (repowered vehicles). Should CONTRACTOR deviate from or fail to comply with this obligation, for reasons other than those stated in the EARLY TERMINATION clause of this contract, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for the vehicle as indicated in the table below: 5 year Operations Obligation Termination Occurs Percentage of MSRC Funds to be Reimbursed Within Year 1 100% Between Years 1-2 80% Between Years 2-3 60% Between Years 3-4 40% Between Years 4-5 20% After Year 5 0% B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days from the date the vehicle ceases to operate in accordance with the geographical restriction. CONTRACTOR shall not be responsible for any reimbursement to SCAQMD if the obligation is terminated as a result from one or more reasons set forth in the EARLY TERMINATION clause of this contract. C. Should CONTRACTOR sell, lease, transfer, assign or otherwise divest itself of the vehicles during the five year period referred to above, notice shall be provided to SCAQMD no less than 30 days preceding the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale, lease, transfer or assignment shall state that the SCAQMD is an intended third -party beneficiary of the agreement and shall include the following requirement: the obligation to accrue mileage within the South Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser, lessee, transferee, successor in interest, heir or assign and shall remain in full force and effect until the expiration of the five year operation period. This obligation shall be passed down to any subsequent purchaser, lessee or transferee during this five year 2 Attachment 1A Statement of Work City of Cathedral City Contract Number ML14072A term and SCAQMD shall be an intended third -party beneficiary of any subsequent agreement. Upon receiving notice of any subsequent sale, lease, transfer, assignment or other divestiture, SCAQMD may elect to either require the reimbursement specified above, or require the subsequent purchaser, lessee, transferee or assignee to comply with the continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the vehicle entered service (new vehicles) or re -service (re -powered vehicles). Notice of SCAQMD's election of remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or assignee in a timely fashion. 3. Operation Requirements and. Reimbursement for Noncompliance — EV Charging Stations CONTRACTOR is obligated to comply with the Operational Availability requirements set forth as follows: A. CONTRACTOR commits to ensuring Level II charging stations remain operational in the original location for a period of no Tess than three (3) years from the date the station begins operations in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in the EARLY TERMINATION clause of this Contract, CONTRACTOR shall reimburse SCAQMD for a prorated share of the funds provided for fueling/charging facilities as indicated in the table below: B. The appropriate reimbursable amount shall be paid to SCAQMD within sixty (60) days from the date the station ceases operation. CONTRACTOR shall not be responsible for any reimbursement to SCAQMD if the obligation is terminated as a result from one or more reasons set forth in the EARLY TERMINATION clause of this Contract. C. The obligations of this section shall survive the expiration of the Contract and continue in full force and effect until the applicable operational availability period set forth above has been satisfied. 4. Display of MSRC Logo CONTRACTOR agrees to permanently display one MSRC decal in a prominent location on each vehicle purchased pursuant to this Contract. Decals will be provided by SCAQMD upon notification that each subject vehicle and/or station becomes operational. Decals are approximately twelve (12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if CONTRACTOR demonstrates that application of the standard decal is 3 Attachment 1A Statement of Work City of Cathedral City Contract Number ML14072A not feasible). CONTRACTOR shall maintain decal for life of equipment subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from SCAQMD and apply new decal in the same or other prominent location. SCAQMD shall not be responsible for damage to paint or other surfaces arising from application or removal of decals. 5. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the MSRC's co -funding of the vehicles, bicycle infrastructure installations and education program, and EV charging stations. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by SCAQMD staff, unless SCAQMD staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. 6. Reports Quarterly Reports: Until all vehicles are entered into service, bicycle infrastructure improvements and education program are complete, and EV charging stations are operational, CONTRACTOR shall provide quarterly progress reports that summarize the project results to date including, but not limited to: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. Progress reports that do not comply will be returned to the CONTRACTOR as inadequate. Final Report: A Final Report shall be submitted by the CONTRACTOR in thesummfformat provided by SCAQMD staff. Report shall include, at a minimum: a) an executive nd b) a detailed discussion of the results and conclusions of this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future alternative fuel, electric vehicle and bicycle transportation projects. 4 Attachment 1A Statement of Work City of Cathedral City Contract Number ML14072A 7. Project Schedule CONTRACTOR shall comply with the increments of progress identified in the following chart. The completion month for each task is based on the date of Contract execution. Task Completion Order vehicles Month 5 Order bicycle racks Month 7 Award contracts for bicycle education program Month 7 Distribute educational materials and install banners Month 948 Enter vehicles into service Month 9 Submit Public Outreach Plan Month 10 Order EV charging equipment Month 10 Complete installation of bicycle racks Month 13 Complete installation of EV charging stations Month 13 Implement Public Outreach Plan Month 16 Quarterly reports 40Quarterly until completion of project Final Report Month 4-750 5 Attachment 2A Payment Schedule City of Cathedral City Contract Number ML14072A Cost Breakdown Project Element Maximum AB2766 Discretionary Funds payable under this Contract CONTRACTOR AB2766 Subvention Funds Applied Other Funds Applied to Match Additional Project Co- Funding (not matched) Total Cost $70,000 (not to exceed Purchase CNG- $10,000 per $190,000 $330,000 fueled vehicles medium -duty and $30,000 per heavy- duty vehicle $30,000 $40,000 Install racks S -1-87A80 $20,000 $0 $187000 $ 0 $467088bicycle $40,000 $20,000 Implement Bicycle $23,000 $0 0 $23,000$0 Education $21,000 $21,000 $42,000 Program Install EV Charging $25,000 $0 $25,000 $0 $50,000 Stations Totals $136,000 $30,000 $106,000 $190,000 $462,000 No funds shall be paid to CONTRACTOR pursuant to this Contract for a project element, until the project element as described in Attachment 1 is completed and proof of completion is provided to SCAQMD. If the project element described in Attachment 1 is not completed and satisfactory proof of completion is not provided to SCAQMD, no monies for that project element shall be due and payable to CONTRACTOR. Proof of completion shall include: Vehicles o Proof of vehicle delivery, vehicle acceptance, and placement of vehicle into service o Documentation of the specific engine installed in the vehicle, including the year, manufacturer, and model 6 Attachment 2A Payment Schedule City of Cathedral City Contract Number ML14072A Bicycle Infrastructure o Representative photos; o a report signed by a responsible official certifying that the bicycle corrals and racks have been installed as described in Attachment 1; and o invoice(s) from any subcontractor(s) performing the installations. Education Program o Samples of brochures and mailers; o Representative photos of bikes and installed banners; o Receipts for the purchase of bikes and bike helmets; and o Invoice(s) from any subcontractor(s) performing banner installations and distributing materials. EV Charging Stations o Representative photos of completed stations; o a report signed by a responsible official certifying that the station has been completed as described in Attachment 1; and o receipts for equipment and/or invoice(s) from subcontractor(s) performing the installations, if any. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, as follows: • For vehicles, the amount reimbursed to CONTRACTOR shall not exceed the actual amount of AB 2766 Subvention and other funds applied, up to a maximum of $10,000 per medium -duty vehicle and $30,000 per heavy-duty vehicle; and • For the bicycle racks, Education Program, and EV charging stations, the amount reimbursed to CONTRACTOR shall not exceed the actual amount of AB 2766 Subvention and other funds applied. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. 7