HomeMy WebLinkAboutContract 1668-1 l
C C<Pi/
21865 Copley Drive
Diamond Bar
CA 91765
Clean Transportation 909.396.3269
Funding from the MSRC fax 909.396.3682
Mobile Source Air Pollution Reduction Review Committee
5i Z _ gam ` September 4, 2014
, � ,..
Ms. Deanna Pressgrove
'` City of Cathedral City
air v 68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Dear Ms. Pressgrove:
Enclosed is a fully executed AB 2766 Discretionary Fund contract for your records. The contract number is
ML14072 for the Purchase of Vehicles, Install EV Charging & Bike Racks and Education. Please include
tuj> your contract number on ALL correspondence sent to the MSRC when referencing this project. Please
}
address all correspondence to:
Rachel B. Valenzuela
South Coast Air Quality Management District/MSRC
21865 Copley Drive
Diamond Bar, CA 91765
(909) 396-3101
rachel @cleantransportationfundinq,org
Included in this letter you will find copies of the MSRC's policies and procedures for progress reporting and
contract modifications, samples of progress reports and invoices you will be submitting during the contract
term, and a copy of the final report format. Please read this information carefully and keep it in your
contract file for future reference.
Progress Reports
Please refer to the Schedule of Deliverables in your contract to determine your reporting frequency.
Progress reports should contain all pertinent information related to contract performance during the
specified period. Informative progress reports are critical as they are used to evaluate the overall
} performance under the contract. MSRC staff also uses them as a tool for determining if any MSRC action
needs to be taken due to problems or delays. If for some reason you need to extend the term of your
} contract or change the scope of the project, it is very important that you record this in your progress reports
and notify us immediately. Do not change your project/contract without prior approval of the MSRC.
Note: All vehicle purchase and fueling station contracts include the requirement to apply MSRC decals to
MSRC-funded vehicles and/or fueling stations. It is your responsibility to order the appropriate number and
F {` type of decals when your vehicles arrive/stations enter service.
MEMBER ORGANIZATIONS:California Air Resources Boarc!<• Los Angeles County Metropolitan Transportation Authority• Orange County
Transportation Authority• Riverside County Transportation Commission • San Bernardino Associated Governments • South Coast Air Quality
Management District•Southern California Association of Governments • Regional Ridesharing Agency
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A spreadsheet is used by Contracts staff to track the timely submission of progress reports. This
spreadsheet is submitted to the MSRC-TAC and the MSRC for their review on a monthly basis. Be aware
that failure to provide the required documentation of progress will delay the payment of any invoices that
are submitted on the contract and can result in termination of your contract. You will find the "Policy to
Terminate Contracts Due to Lack of Progress/Response by Contractors" and a sample progress report in
Attachment A. Please refer to the Contract for reporting guidelines.
Project Schedule and Contract Modifications
You must adhere to the project schedule in your contract. Even if your contract will not terminate for some
time, if you will not be able to meet your final deliverable dates, you must request a modification.
Any requests for contract modifications must be submitted to the AB 2766 Contract Administration staff in
writing. Requests must be submitted at least ten days prior to the monthly MSRC-TAC meeting (typically
held on the first Thursday of each month). The procedure for presenting your request to the MSRC for
approval and the processing of subsequent paperwork takes approximately six to eight weeks to complete.
Upon receipt, your request may be presented to a subcommittee for evaluation. The subcommittee will
present its recommendation to the MSRC-TAC, and the TAC will make a recommendation to the MSRC.
The MSRC will grant final approval or disapproval of the request. Any contract changes made without
prior approval of the MSRC will be at the contractor's own risk. If the MSRC does not approve the
change, the contractor will not be reimbursed for any costs incurred as a result of the unapproved
change. The"Policy for Contract Modifications" is included as Attachment B.
Invoicing
Funds are dispersed on a reimbursement basis. Original invoices must be submitted on your
company/agency letterhead. Supporting documentation of individual charges, including equipment,
materials, supplies, subcontractors and other charges, is required for all expenditures. Contractor's failure
to provide receipts shall be grounds for nonpayment of such charges.
If any billed expenses are for Contractor's direct labor, they must be detailed in terms of number of hours
by task, hourly rate, and professional category. Co-funding expenditures are also tracked. You must
document any co-funding expended for the billing period when invoicing for AB 2766 funds. You must also
expend your co-funding in a manner that is proportionate with the reimbursement sought. If you cannot
provide supporting documentation for co-funding you may send a statement certifying that the funds were
spent as stated on the invoice and that proof of this expenditure can be produced if audited. This
statement must be signed by someone who can authorize funding commitments.
For projects that involve the purchase of vehicles, a Letter of Certification should be included. It is also
available in electronic format under the "Contractor Resources" section of the MSRC website at
www.cleantransportationfunding.ofg/contractor resources.
Promotion
Your contract has an outreach requirement to promote the MSRC's co-funding of this project to the media
and/or community. Please refer to your contract to determine what outreach efforts are necessary.
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Final Reports
Per the contract, a comprehensive final report shall be provided to the MSRC prior to the end of the
contract term. The final report shall follow the MSRC's Final Report Format and is subject to review and
approval by the MSRC. You are required to submit the final report electronically via the MSRC's website at
www.cleantransportationfundinq.orq, in an Adobe Portable Document Format (PDF) document. Using the
website's on-line submission feature, you will be able to submit your final report, including photographs
required under the contract. The Final Report Format is enclosed with this letter and is also available on
the Clean Transportation Funding website under Contractor Resources.
The on-line Project Summary is a required component of the Final Report. Information you enter into the
Project Summary will be incorporated into the website's Library feature. Website visitors will be able to
access your project and use the information to research, and potentially replicate, projects that have
successfully reduced air pollution from motor vehicles. Please contact MSRC staff for guidance when
submitting the Project Summary.
I hope this letter answers most of your questions. Please feel free to call me at (909) 396-3269 to discuss
any problems or concerns you may have.
Sincerely,
V
C thia Ravenstein
MSRC Contracts Administrator
Enclosures: Executed Contract
Policy to Terminate Contracts
Progress Report Template
Policy on Contract Modification
MSRC Final Report Format
AQMD Standard Photo-Release Form
Outreach Materials
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['1' 21865 Copley Drive
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� CA 91765
Clean 1 ransportatuon 909.396.3269
Funding from the MSRC fax 909.396.3682
$ Mobile Source Air Pollution Reduction Review Committee
POLICIES
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� CONTRACTS ADMINISTRATOR RESPONSIBILITIES
FOR SCOPE CHANGES
''''''1.„5:-.-q',4,;" The Contracts Administrator shall report monthly any contract changes to the MSRC-TAC and
k rR MSRC.
!;-;,/^.-A' 1. The Contracts Administrator shall ensure that all prime contractor subcontract
agreements are executed and approved by SCAQMD Procurement Manager, or designee, prior to
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execution of MSRC contracts. If a subcontract is part of scope of work, the contractor may not
', proceed with related tasks until requisite subcontract is executed and approved by SCAQMD
x„A Procurement Manager or designee. This provision shall be included in all MSRC contracts and
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RFPs.
2. Changes in subcontractor(s) or other scope modifications which do not change the
technical nature or emissions reductions, and which do not increase the approved contract cost or
°` }' increase the funding for any vehicle or infrastructure within the contract, can be processed
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administratively by the Contract Administrator without MSRC consideration/approval.
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3. Subcontractor changes or other modifications which affect the following parameters must
be approved by the MSRC (and SCAQMD Board when required) or the project cannot proceed:
c-4; a. the technical nature of the project. Changes in the technical nature of a project
"':. can be characterized as i) changes in the technical scope; and ii) changes in the
technology proposed to be used which would result in a conflict with the terms of the
original solicitation document;
b. emissions reductions; or
c. reductions in the quantity of vehicles or items purchased, when the Work Program
- solicitation required purchase of a minimum number of vehicles, or when another
element of the contract is tied to the purchase of a minimum number of vehicles.
4. The Contracts Administrator shall ensure that potential contractors provide fully signed
memorandums of understanding (MOUs) or teaming agreements with all parties on the
w•, contractor side prior to contract execution. If for some reason, the MOU or teaming agreement is
part of the scope of work contractor shall not proceed with related tasks until such time that
�' r teaming agreements are fully signed. This provision shall be added to all MSRC contracts and
RFPs.K.
5. The Contracts Administrator shall ensure that contractor's co-funding to fund the total
cost of the project is in place prior to release of MSRC's contribution to the project. In the event
1- #f- contractor cannot provide satisfactory written evidence of co-funding the MSRC reserves the
,x.R right to terminate or renegotiate the contract. This provision shall be added to all MSRC
contracts and RFPs.
4`" r,, MEMBER ORGANIZATIONS:California Air Resources Board • Los Angeles County Metropolitan Transportation Authority• Orange County
Transportation Authority • Riverside County Transportation Commission •San Bernardino Associated Governments •South Coast Air Quality
� '
�;,� � Management District• Southern California Association of Governments• Regional Ridesharing Agency
6. An option clause shall be included in all contracts that will allow the Contracts
Administrator the ability to extend a contract up to an additional one year at no cost to MSRC
and or the contractor. All subsequent extensions shall be brought to the MSRC for its
consideration. This provision shall be added to all MSRC contracts and RFPs.
7. Cost reallocations between tasks and/or cost elements (cost categories) that do not exceed
a total cumulative amount of 15% of the contract value or a maximum of$20,000 (including the
$5,000 allowed to contractor), and which are necessary to achieve performance of the contract
scope of work will be processed administratively by the Contracts Administrator. The Contracts
Administrator will ensure that the cost reallocations do not conflict with the conditions under
which the project was awarded and ensure that the revised labor mix and hours expended allow
for proper performance of the contract. Cost reallocations over 15% of the contract value or
$20,000, or which increase or decrease the scope of work, require MSRC-TAC review and
MSRC approval.
8. Any change, which results in cost escalation beyond the approved budget, must go before
the MSRC for consideration/approval.
9. Reductions in co-funding and/or change or co-sponsors will require MSRC (and
SCAQMD Board when required) approval unless the project would still have been included
within the applicable Work Program if the reduced co-funding amount had been listed and if the
full project scope can be completed with the reduced co-funding in which case only MSRC
approval is required.
10. Any costs incurred by Work Program awardees prior to SCAQMD receipt of a fully
executed contract shall be incurred solely at the risk of the awardee. In the event that a formal
contract is not executed, neither the MSRC nor the SCAQMD shall be liable for any amounts
expended in anticipation of a formal contract.
11. If any awardee expends funds at his or her sole risk prior to receipt of a fully executed
contract and a formal contract does result, the pre-contract expenditures authorized by the
contract will be reimbursed in accordance with the cost schedule and payment provisions of the
resultant contract.
12. Information on time extensions, subcontract changes, and/or costs reallocations, which
are processed administratively, will be provided to the MSRC-TAC and MSRC for their
information in each monthly Contract Administrator Report.
Adopted 8/2/93&8/23/93;'Amended 5/23/94 for FY 1993-94 Work Program Only;Amended December 14,1995;Amended November 18,1999;Amended July 28,2005,Amended Dec 2010
2
� � 21865 Copley Drive
Diamond Bar
CA 91765
. Clean Transportation 909.396.3269
3 4 Funding from the MSRC fax 909.396.3682
Mobile Source Air Pollution Reduction Review Committee
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Policy to Terminate Contracts Due to Lack of Progress
or Response by Contractors
The intent of this policy is to discourage Contractors from failing to provide documentation of progress
made on AB 2766 Discretionary Fund projects. It is the intent of the MSRC to ensure that work is
completed pursuant to the work statement set forth in the respective contracts. In the event that progress
is not made without adequate justification by the Contractor and subsequent approval by the MSRC, the
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MSRC may recommend that the contract be terminated and funds be reallocated to other projects.
MSRC contracts require all contractors to submit progress reports within 15 days of the end of the
reporting period (quarterly or monthly based upon the type of project). Under this policy, failure to
submit progress reports within the allotted time may be considered a material breach and subject to
termination. If the Contractor fails to submit progress reports as required by the contract, the following
y,- shall occur:
If after seven (7) days past the progress report due date, the Contractor fails to submit progress reports as
required by the contract, Contract Staff will notify the Contractor in writing of the delinquency and
request that the progress report be submitted within seven (7)days of the written notice.
For Monthly Reports: If the CONTRACTOR fails to submit a progress report for the second consecutive
month, the Contracts Administrator shall send a second written notice indicating that two previous
progress reports are due and that they must be submitted within 15 days. If the CONTRACTOR fails to
provide a report for a third consecutive month, the SCAQMD's Contracts Manager shall provide written
notice to the CONTRACTOR to cure the delinquency within 15 days of the notice or be subject to
termination within 30 days.
For Quarterly Reports: If the CONTRACTOR fails to submit a progress report, the Contracts
Administrator shall send a written notice indicating that the progress report is due and that it must be
submitted within 15 days. If the CONTRACTOR does not respond within the allotted time,the AQMD's
Contracts Manager shall provide written notice to the CONTRACTOR to cure the delinquency within 15
days of the notice or be subject to termination within 30 days.
Also, if the CONTRACTOR has a history of non-consecutive (three or more occasions) delinquent
progress reports, this may be considered a material breach of the contract and be grounds for immediate
termination of the contract. For example, if progress reports are submitted in such an inconsistent and
sporadic fashion as to indicate a lack of compliance with this contract provision (e.g., progress report
submitted one month, skipping several months thereafter).
In addition, if a contract is terminated as a result of this policy, the direct contractor involved will not be
eligible to apply for AB 2766 Discretionary Funds for two program years.
Adopted 3/23/94
"Th , Amended 11/18/99
MEMBER ORGANIZATIONS:California Air Resources Board • Los Angeles County Metropolitan Transportation Authority• Orange County
Transportation Authority• Riverside County Transportation Commission •San Bernardino Associated Governments • South Coast Air Quality
Management District• Southern California Association of Governments• Regional Ridesharing Agency
Attachment A
Quarterly (or monthly) Progress Report
For Reporting Period of
Contract No. AB 2766/XXXXX
(Contractor's Name)
Contract Period — March 15, 2001 through June 30, 2005
Task 1 Vehicle Procurement/Design and Engineering
A bus bid specification was prepared detailing vehicle design and performance
parameters, as well as technical quality assurance, and warranty requirements.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Task 2 Bid Process
An Invitation for Bid (IFB) package was issued to perspective bus manufacturers
of alternative fuel buses. (Contractor) reviewed and evaluated all Requests for
Approval Equals submitted by each bus manufacturer. Bid opening was May 30,
2001.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Task 3 Pre-Production Meetings
Pre-Production Meetings began in June of 2001, and were completed in August of
2001. Construction of the prototype bus has begun.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
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Attachment A
Task 4 Prototype Bus Production
Contractor has in place an inspection team consisting of one Warranty and
Equipment Mechanic and one Supervisor as required by the production process.
The pre-production prototype bus was completed in October 2001.
Percent Completed this Reporting Period: 0%
Percent Complete 100%
Task 5 Bus Production
Contractor has in place an onsite manufacturing inspection team which monitors
production quality and conformance to bus specifications. Once the production
buses are completed and presented for acceptance, the inspection team will
approve documents to allow for purchase and payment of buses.
Percent Completed this Reporting Period: 25%
Percent Complete 25%
Task 6 Service Preparation
Contractor has established a bus acceptance team to prepare new buses for
service. Each new bus is safety checked, cleaned, and function tested prior to
being placed into revenue service.
Percent Completed this Reporting Period: 13%
Percent Complete 13%
Task 7 Vehicle Performance Evaluation
New buses are assigned to designated service operating divisions for introduction
into Contractors fleet. Performance of vehicles is monitored and warranty
provisions of the contract are administered. This process is on-going throughout
the life of the bus and has no completion date. The following percentages
indicate buses presently in revenue service. While a number of new buses have
been placed in service, any performance evaluation at this point would be
3
Attachment A
premature. The buses, however, have not exhibited any evidence of major
problems or concerns.
Percent Completed this Reporting Period: 2%
Percent Complete 2%
Issues During Current Reporting Period:
1. Engine performance issues related to stalling have been addressed by the
manufacturer. The result has been a new engine electronic control module (ECM)
software release. In addition, testing is underway on a prototype fuel pressure
regulator.
2. Congestion at the fueling site was resolved by the addition and subsequent agreement
for use of a new fueling site adjacent to the central terminal.
Work Planned for Next Reporting Period:
1. Operational Evaluation of the in-service fleet will begin.
2. Contractor will continue to work with bus manufacturer and the engine manufacturer
to resolve any performance, reliability, or preventive maintenance issues that may
arise.
3. Contractor will also continue to work with the bus manufacturer to resolve various
issues related to the in-service fleet.
4. Engineering staff will continue with the full-time inspection and acceptance process
at the production facility.
For additional information or questions, please contact:
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Letter of Certification
This letter certifies that (PLEASE TYPE IN YOUR ORGANIZATION) has received the
vehicles that have been partially funded through the above-mentioned AB2766 Discretionary
Fund Contract and those vehicles have been tested and placed into regular service.
Signature Date
Please submit with all invoices for vehicle reimbursement
5
21865 Copley Drive
A fi.
Diamond Bar
CA 91765
Clean Transportation 909.396.3269
Funding from the MSRC fax 909.396.3682
Mobile Source Air Pollution Reduction Review Committee
•
2e�
PROJECT SUMMARY (FINAL REPORT) FORMAT
For Selected AB 2766 Discretionary Fund Contracts
For contracts from Fiscal Year (FY) 2004-05 and earlier Work Programs, the Final Report
a must be submitted in both paper copy and electronic Microsoft Word formats. For
ry contracts from FY 2005-06 and later Work Programs, the Final Report only needs to be
submitted electronically. The first two numeric characters of the contract number indicate the
FY Work Program (e.g. contract#ML04999 would be from FY 2003-04).
The paper copy, if required, must be bound in a three (3) ring binder. Each page of the report must
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be legible and suitable for photo production. All pages should be of standard size (8 '/2 x 11).
Photo reduction is not acceptable for tables or figures; these should be presented on consecutive
8 1/2 x 11 pages with each page containing one portion of the larger chart. Color presentations are
acceptable; printing should be in black. Do not include corporate identification on any page of the
Final Report, except on the title page.
The Project Summary Report should include the following:
Title Page — Include contract number, project title, contractor organization, and date,
and include the statement: "Prepared for the Mobile Source Air Pollution Review
- Committee (MSRC) under the AB 2766 Discretionary Fund Work Program."
.. _ Acknowledgements — Only this section shall contain acknowledgements of key
} personnel and organizations who were associated with the project. The last paragraph
shall be as follows: "This report was submitted in fulfillment of (contract
number) and (project title) by (contractor organization) under the (partial)
sponsorship of the Mobile Source Air Pollution Reduction Review Committee
(MSRC). Work was completed as of(date)".
Disclaimer—The following statement is to appear near the front of the report:
"The statement and conclusions in this report are those of the contractor and not
necessarily those of the Mobile Source Air Pollution Reduction Review
Committee (MSRC) or the South Coast Air Quality Management District
(SCAQMD). The mention of commercial products, their sources or their uses in
connection with material reported herein is not to be construed as either an
_ ra actual or implied endorsement of such products."
MEMBER ORGANIZATIONS:California Air Resources Board • Los Angeles County Metropolitan Transportation Authority• Orange County
Transportation Authority• Riverside County Transportation Commissign • San Bernardino Associated Governments•South Coast Air Quality
�x. Management District•Southern California Association of Governments • Regional Ridesharing Agency
Y 4 r T
Summary and Conclusions
1. Scope, purpose and background of the project.
2. Detailed description and analysis of the work performed during the course of the
project that led to the conclusions. Where appropriate, include a discussion of cost
projections and economic analyses. A discussion must be included describing the
emissions benefits derived from this contract. This must include quantitative
benefits not simply a qualitative statement that benefits were achieved.
3. Use clear, concise statements to state recommended future actions and further
study that may be required.
4. To document completed project, a picture or pictures of vehicles and/or
infrastructure showing MSRC logo/decal must be included in the report. This section
shall also include copies of any media/outreach materials and/or news clippings
generated by the project.
Revised 7/2004
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[PROJECT PARTNER LETTERHEAD]
[DATE]
Cynthia Ravenstein
Contracts Administrator
MSRC
21865 Copley Drive
Diamond Bar, CA 91765
Re: MSRC Contract No. [ #
Public Outreach Plan
Dear Ms. Ravenstein:
[PROJECT PARTNER] is pleased to submit our proposed Public Outreach Plan to satisfy
the project requirements for the above-referenced contract.
Project Status
[PROVIDE A BRIEF SUMMARY ABOUT THE STATUS OF THE PROJECT]
Public Outreach Plan Components
After reviewing the attached Categories of Ideas for Public Outreach for Local
Governments and evaluating possible outreach activities, [PROJECT PARTNER] will
implement the following public outreach activities:
[List activities that will be undertaken, with explanation of planned implementation,
including timing and potential MSRC involvement.]
[PROJECT PARTNER] will document our outreach activities and provide
documentation in the form of photographs, hard-copies of flyers/public notices/news
releases, etc., and other supporting information with our final project report.
[PROJECT PARNER SIGNATURE and CONTACT INFORMATION]
Categories of Ideas for Public Outreach for Local Governments
This is a menu of sample activities that you can consider to reach out to the community
to make them aware of your agency's clean air project. Other activities that involve
promoting your project to the public also will satisfy the public outreach component of
your contract, so try to be creative with your outreach plans.
Materials
Develop written/electronic materials that describe the project and how it will benefit your
local government and your community. Examples of materials can include:
• Mailing notices to residents
• Submitting a notice or a news release to your local news media
• Distributing notices/flyers at Council/Supervisor meetings and/or community
events
• Creating a brochure or flyer to distribute in conjunction with project
• Publishing an article in an agency or city/county newsletter
• Posting information about the project on your city/county's website
• Incorporate a short video or PowerPoint presentation into employee training
materials
Events
Showcase your project at city/county or community events. If your project included the
purchase of an alternative-fuel vehicle, display the vehicle at the event. If your project
involved new infrastructure or something that cannot be easily transported to an event,
take photos of the project and display them at the event. Have a spokesperson on-hand to
talk about your project and to answer questions. Examples of events can include:
• Holding a ground-breaking ceremony/kick-off event
• Holding a grand-opening/ribbon cutting event once your project is completed
• Holding a press conference
• Participating in community Earth Day events
Partnership Opportunities
Partner with local environmental groups or community organizations to showcase your
project. Look for local organizations and community members that might have a
particular interest in your project because of the work that they do and use this
opportunity to build relationships with them to further your community's interest in
"going green" and improving air quality.
• Use clean air vehicles to support community events such as Clean Air Walks or
5K Runs
• Offer to showcase vehicle at local schools or talk to students about clean air
technologies
Presentations
Look for opportunities to promote your project and to talk about how it will benefit your
community. Designate a spokesperson to attend community events to discuss your project
I
and to have photographs and other materials on-hand to showcase the project. Examples
of presentations could include:
• Presentation to your city council/board of supervisors
• Presentation at local community meetings (e.g., Rotary, Chamber of Commerce)
• A piece about your project featured on your local government public affairs news
channel
• A video or podcast posted on your city/county's website
AQMD
STANDARD PHOTO RELEASE FORM
I hereby authorize the MSRC and AQMD to photograph, copy, publish, broadcast or otherwise distribute
photographs or likenesses of my place of business, vehicles, advertisements, promotional materials or
other work whether or not these materials are copyrighted, for use in the public service MSRC brochure,
placement on the MSRC website for informational purposes, and/or use in other MSRC outreach media.
I hold the copyright or I am the owner of the rights to the materials specified herein and am authorized to
grant the rights to such publication, reprint, broadcast or other distribution of the materials specified
herein.
If copyrighted, I grant this license and authorization for no fee and will not require any copyright attribution
for the described use for a public service and informational purpose.
I do not intend to waive any other rights to the reprint or representation or distribution of these materials
and reserve said rights.
If I require copyright attribution, I will provide notice of such copyright to AQMD/MSRC at the time this
authorization is executed.
I am empowered by and on behalf of the entity herein to consent and authorize the above-specified.
Authorized Signature
Organization
Title
Date
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