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HomeMy WebLinkAboutContract 1669-1 . 6 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 January 19, 2016 Ms. Deanna Pressgrove City of Cathedral City 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 ML16031 for the Street Sweeping Operations. Please include your contract number on ALL correspondence sent to the MSRC when referencing this project. Please address all correspondence to: Rachel B. Valenzuela ;N South Coast Air Quality Management District/MSRC 21865 Copley Drive t a< Diamond Bar, CA 91765 (909) 396-3101 rachel(c,cleantransportationfunding.orq 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 P g y 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 projecticontract 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 type of decals when your vehicles arrive/stations enter service. "= 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 2 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.cleantransportationfundinq.orq/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. 3 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.cleantransportationfunding.org, 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, i f . • 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 21865 Copley Drive 114 Diamond Bar CA 91765 � .. � Crean Transportation 909.396.3269 Funding from the MSRC fax 909.396.3682 Mobile Source Air Pollution Reduction Review Committee POLICY ON CONTRACT MODIFICATIONS .:6; ;' SCOPE CHANGES, EXTENSIONS, AND COST REALLOCATIONS tgrilCagf k° 1. Contract extensions or scope changes may be requested on AB 2766 Discretionary Fund . Contracts. Contractors should submit requests in writing, using the Modification Request 4,01W Form, to the Contract Administrator's office. Reasons for the request should be well documented by the Contractor. The Contract Administrator will present the requests to both •riflt8 the MSRC-TAC and the MSRC for the consideration and approval. MW 2. Contract extensions and scope changes must be submitted by 9:00 a.m. on the first Monday of the month to be considered by the MSRC-TAC and MSRC for that month. Requests received after the first Monday of the month will be considered at the following month's MSRC-TAC and MSRC meetings. Late extension requests for contracts expiring prior to the x following months MSRC-TAC meeting, must include a discussion of the compelling reasons VI for the untimely submission of the request. Such requests will be considered on a case-by- case basis by the MSRC-TAC. 3. Extension requests and scope changes will be considered by the MSRC-TAC and MSRC on a case-by-case basis. An option clause shall be included in all contracts that will allow MSRC staff the ability to extent a contract an additional six months at no cost to the MSRC or the contractor. All subsequent extensions will be brought to the MSRC for its consideration. If a contract extension or scope change is for the contractor's convenience, the MSRC shall have the discretion to request a downward adjustment in the contract price, an additional task, and additional report or seek other legal consideration as a condition of granting the extension or scope change. Situations defined as convenience are problems or delays caused by internal management or administration, for example, failure to submit progress reports or final reports in a timely manner, failure to aggressively monitor the project, and extensions merely to exhaust unexpected funds. A delay due to problems with the delivery or manufacturing of equipment or vehicles and circumstances beyond the control of the contractors will not be considered as changes for the contractor's convenience. Documentation of delays will be required. The MSRC shall have the discretion to seek legal consideration for extension or requests granted under these circumstances. 4. 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. 5. The contractor is responsible for properly monitoring the project and should notify the Contract Administrator immediately if the Contractor feels the project is in jeopardy of falling behind schedule or problems arise. irAVOWN,-5; 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 4i Management District•Southern California Association of Governments• Regional Ridesharing Agency 6. Requests for extensions must be received in writing by the Contract Administrator 60 days prior to the close of the contract. The approval process for contract extensions and scope changes takes approximately six weeks. If a request is made within 60 days of end date of the contract, the contract may expire prior to review and approval of the request. If this situation occurs, the contractor must stop work until the time extension is approved. In the event the extension is not approved, the contractor must consider the end date of the contract term and may not bill for work done after this date. Adopted May 25, 1995 Amended November 18, 1999 2 z � 21865 Copley Drive Diamond Bar CA 91765 Clean Transportation 909.396.3269 Funding from the MSRC fax 909.396.3682 x== Mobile Source Air Pollution Reduction Review Committee zq` 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 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 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 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. 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) a 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 , t 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 eft Ay not be eligible to apply for AB 2766 Discretionary Funds for two program years. ;> 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 eat Adopted 3/23/94 Amended 11/18/99 Attachment A Quarterly(or monthly) Progress Report For Reporting Period of Contract No. AB 2766/X0XX (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% 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% Attachment A 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 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. 2 Attachment A 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: 3 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 4 *Yx 21865 Copley Drive f , Diamond Bar CA 91765 Crean Transportation 909.396.3269 Funding from the MSRC fax 909.396.3682 a _ Mobile Source Air Pollution Reduction Review Committee PROJECT SUMMARY (FINAL REPORT) FORMAT ',F For Selected AB 2766 Discretionary Fund Contracts For contracts from Fiscal Year (FY) 2004-05 and earlier Work Programs, the Final Report must be submitted in both paper copy and electronic Microsoft Word formats. For 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 be legible and suitable for photo production. All pages should be of standard size (8 % 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 Yt : Committee (MSRC) or the South Coast Air Quality Management District (SCAQMD). The mention of commercial products, their sources or their uses in ;gilt connection with material reported herein is not to be construed as either an actual or implied endorsement of such products." t i §s MEMBER ORGANIZATIONS:California Air Resources Board • Los Angeles County Metropolitan Transportation Authority• Orange County Transportation Authority• Riverside County Transportation Commissioon •San Bernardino Associated Governments•South Coast Air Quality t ,°: Management District•Southern California Association of Governments• Regional Ridesharing Agency ter ° 3 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 Revised 6/16/06 2 [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 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 1