HomeMy WebLinkAboutC-9524-1 - PSA for Fleet Electrification and Vehicle Charging Master Plan1
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l� PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
FLEET ELECTRIFICATION AND VEHICLE CHARGING MASTER PLAN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 14th day of February, 2024("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and STANTEC CONSULTING SERVICES INC., a New York corporation ("Consultant"),
whose address is 410 17th Street, Suite 1400, Denver, CO 80202, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant for development of a fleet electrification and
vehicle charging master plan ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 15, 2026, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion. Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
and
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal, if any. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure by
Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable, items and subconsultant fees, shall not exceed
One Hundred Two Thousand Five Hundred Dollars and 00/100 ($102,500.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
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4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Pamela Bailey -Campbell
to be its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
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9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
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of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
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Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
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constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
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City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Pamela Bailey -Campbell
Stantec Consulting Services Inc.
300-10220 103 Avenue NW
Edmonton, AB T5J OK4
Canada
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
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ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 _S� -2�4
By:
ar n
AT'
Dal
go
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Z % 21 /-xl-L'
By:
Gr cea
. Leung
C nager
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date:
Signed in Counterpart
Bv:
Pamela Bailey -Campbell
Senior Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
_•UNe .= WIF31.2 Ke-1101M
CITY ATTORNEY'S OFFICE
Date: 2 -
L �' '-
By: J"' C
arpn C.-harp
City Attorn6.
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date:
r
By. 1'40�
amela B' ey-C pbell
Senior Principal
[END OF SIGNATURES]
Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
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1.1 FLEET COMPOSITION AND UTILIZATION
Stantec will work closely with the City and relevant City departments to develop a fleet inventory,
understand the vehicle utilization, and develop a data collection plan. Understanding the utilization
of the City's fleet will be one of the cornerstones for this study. Data collection can be supported
via surveys directed to vehicle custodians or by utilizing GPS trackers in the fleet to better project
the daily mileage of each vehicle in the fleet, enabling identification of key locations where electric
vehicles (EVs) could potentially charge during the day. The purpose of this task is to develop an
understanding of current operations and the fleets that will need to be decarbonized.
Additional fleet information may consist of the following items:
Asset inventory and state of good repair
Planning documents
Fleet/asset replacement schedules and fleet operational data
Vehicle operating information, such as operating mileage and hours, fuel consumption and/or
fuel economies, fuel types, and dispatching logistics
Medium- and heavy-duty fleet data as reported to CARB
Facility location data, including site plans
Utility information including facility utility costs and electrical usage
Fueling information, including location of fueling facilities, volume consumed, and fuel costs
Supplemental Task: it is understood that the City currently has telematics installed on 25 vehicles
as part of a pilot project. The ZEVDecide tool (discussed in greater detail in Task 1.3) relies on
driving cycles as a major input. A driving cycle is a speed versus time profile that is used to
simulate vehicle performance, and consequently, energy use. To supplement the available data
that will be used to model the vehicle types, for an additional fee, Stantec can collect real life data
on a representative subset of the City's vehicles through the use of GPS data loggers (also known
as trackers). The loggers will record actual operational performance data that will subsequently
be used to create custom driving cycles to capture topography, GPS coordinates, average driving
speed, and stop -frequency to create an acceleration and grade profile.
1.2 ZEV TECHNOLOGY REVIEW
Stantec will develop a report on the existing and available transition options for all the types of
vehicles that the City operates, including the technical specifications that are relevant to assess
how feasible these options are to satisfy operational needs, such as battery size, range, towing
capacity, torque, and capacity to support auxiliary equipment. Such market scan will also include
current purchase prices (when available), associated charging equipment required to operate the
vehicles, maintenance considerations, expected useful life, and salvage value. Since is likely that
not all vehicles will have an equivalent for replacement at this point in time, a ZEV demand
projection for the City's fleet that accounts for the statewide mandate and industry trends will be
developed. Because predicting future change always includes some components of uncertainty,
our demand projections will include a baseline of matching statewide mandates, as well as low
and high scenarios reflecting region -specific data.
1.3 USAGE ANALYSIS
Once the different vehicle options available for transitioning to ZEV had been identified, it's
important to understand if the current technology is in fact a feasible solution to the operational
needs of the City's fleet. To do so, Stantec will conduct fleet modeling (where applicable) to predict
ZE fuel economy, energy requirements, and expected operational range based on driving cycle
data to understand the fit of ZE alternatives to the City's fleet operations. Meaning, through
modeling, Stantec will be able to predict if the current ZEV technology can satisfy the operational
needs of each vehicle in the fleet. The modeling will be conducted with Stantec's proprietary tools,
ZEVDecide, that incorporate vehicle specifications and operating parameters to emulate fuel
economy and state of charge of ZEVs. Factors like idling time, auxiliary equipment use, and
temperature all play an important role in battery utilization or fuel consumption and can be
accounted for within ZEVDecide. Modeling will be performed to the extent possible, based on
available and reliable vehicle specifications, as not all assets, like forklifts, for instance, require
modeling to predict the power requirements for charging. The modeling will be used to inform the
transition feasibility, potential fleet size and configurations, charger specifications and
requirements, operational parameters, and facility power loads. Once the modeling is complete,
if multiple technology types are feasible alternatives for different classes of City vehicles or assets,
Stantec will conduct a multiple criteria evaluation analysis that compares different criteria or
elements of each alternative. The criteria can include rough order of magnitude (RoM) cost
analysis, site constraints, operator capabilities, technology maturity, and so on. The goal is to
evaluate different scenarios, decide which scenario is preferred, and then further develop in detail
the recommendations, conceptual design, and phasing strategy.
1.4 VEHICLE REPLACEMENT SCHEDULE
Based on the modeling results, Stantec will identify vehicle types best suited for immediate
transition to hydrogen or EV. ZEVs present operational opportunities beyond reduced emissions
but not all vehicle classes have market available options equip for municipal demands. Taking a
phased approach, vehicles that are anticipated to eventually have viable zero -emission options
will be slated for transition when these vehicles are expected to be market available. Within this
phased approach, conversations with the City Fleet Management staff and current replacement
plan for the fleet will inform Stantec's recommendations to consider existing fleet replacement
cycles, a vehicle's anticipated useful life, and any additional impacts to vehicle replacement.
Stantec will review and identify federal, state, and local policy frameworks that may inform or
dictate the timing of ZE transition to incorporate into the strategy and schedule for ZE transition,
namely the Advanced Clean Fleets regulation. Providing experience in developing transition plans
for other agencies under similar regulation, Stantec will work with the City to identify the best route
towards transition to take. An important part of this step will be to identify and outline potential
barriers to electrification, such as equivalent vehicle types that are unavailable or do not meet the
operational needs of the City. Related to this will be the identification of potential exemptions for
certain vehicles under the CARB regulations, including identifying when and in what cases
exemptions are allowed, and how the City would go about applying for an exemption.
Stantec will also develop language and guidelines for workforce training considerations as the
City's fleet transitions to ZEVs. The deployment of a new propulsion technology will require new
training procedures for operators and maintenance staff, and being able to identify these early on
will help to make the transition smoother. While many ZEV manufacturers offer training on the
safety, operations, and maintenance of vehicles, additional training may be required beyond what
is provided by the OEM. Identification of training requirements and additional training methods
will be outlined for the chosen technology type.
Based on the market scan results, Stantec will have identified the applicable electric vehicle
charging equipment options and provide indicative costs. Charging equipment and estimated
costs will be organized in a phased manner that aligns with the fleet replacement schedule
outlined in Task 1.4. Furthermore, Stantec will conduct a virtual site assessment of all current
locations where the City fleet is operated and maintained from to complete the infrastructure
improvements recommendations to meet electrical needs for charging equipment. This
assessment will identify the current conditions of the sites and the future charging infrastructure
needs to support the replacement schedule of ZEV formulated in the prior task. The charging
equipment options and required modifications will be dictated by aspects such as:
The power modeling results that will identify if the current charging options will provide the
adequate charge during the time available for each vehicle type. For example, if vehicles that
serve through various shifts only have 4hrs available of downtime, is likely that a fast charger (60
kW) will be needed as opposed to a Level 2 charger.
The power modeling developed using ZEVDecide will also inform the peak power requirements
at each site and the energy demand needed to support the fleet
Identify Codes and Standards such as ADA accessibility, landscaping, or other code
enhancement issues. Also, review compliance with pertinent codes and standards, including
NFPA 2, NFPA 30A NFPA 70/NEC, California Fire Code Chapter 23
11 Resiliency planning, including recommendations on elements like backup generators, storage,
and solar panels
High-level site concept plans/drawings identifying vehicle parking, charger location, electrical
upgrades, and other structural/facility upgrades and modifications for the four facilities
Review site configuration to determine if any of the existing facilities will need to be
removed/relocated to make room for new hydrogen equipment (if applicable)
Required level of service during emergencies
EV fleet projections and deployment timeline
Identify locations of the main electrical distribution panels.
Review site conditions and assess potential areas for equipment placement, including setback
distances
Early engagement with the power generation group to identify power supply limitations and
timeline for required modifications
Engagement and coordination with SCE regarding electrical supply availability
Assess the feasibility of public and staff charging at City properties, as there is an opportunity
to help offset the cost of transitioning as public EV charging stations can qualify for additional
CFS credits.
In the event that it is determined through modeling that the four City sites will be insufficient to
fully support electrified fleet operations, Stantec will identify the additional power requirements
needed for offsite charging resources, such as at other public charging stations, through
partnerships with other organizations, or at other city -owned properties.
�Nf NTI"' r �"PJ�10 F9.I�IDINt IJR.fF5 ASSESSi I_Fj,J
3.1 INCENTIVE PROGRAMS & GRANT FUNDING
Identifying sources of funding is an essential, and perennial concern for all fleet managers.
Stantec will provide a fulsome review of the possible avenues for applicable funding incentives
and other competitive funding sources available to the City.
Our funding specialists will evaluate details about the funding source, requirements for accessing
the funding and the likelihood of the project qualifying for the funding. For each funding source
our specialists will create categories for the likelihood of the scenario being funded through the
identified source as `low,' `medium,' or `high'.
3.2 ADDITIONAL INCENTIVES
Experienced with supporting agencies supplement the cost of ZE transition, Stantec will estimate
the revenue potential from Low -Carbon Fuel Standard (LCFS) credit program though electricity
use. Considering the challenge of navigating this marketplace, recommendations on best
practices will be provided. Under the LCFS, fuels with a carbon intensity below the program
standard generate credits. The more low carbon intensity fuel used, the more credits are
generated and sold, with one LCFS credit equivalent to one metric ton of CO2 reduction. LCFS
credit values fluctuate with market changes, so an estimated LCFS credit value will be developed,
which will constitute the basis of the calculations. Along with annual energy consumption data,
Stantec will be able to estimate the number of LCFS credits and the net value to the City.
In the scenario where hydrogen proves viable for the electrification of the City's fleet, Stantec will
consider the revenue avenues most advantageous for the City. While LCFSs for hydrogen are
collected by the manufacturer, the City may be able to negotiate lower fuel costs because of this.
If the City implements hydrogen, Stantec when designing a hydrogen fueling station could scale
it for public use, providing an additional stream of revenue to offset the cost. Another option that
can be explored is partnering with OCTA to coordinate hydrogen fueling at one of OCTA's
facilities; Stantec helped OCTA develop their zero -emission bus rollout plan, and can utilize our
knowledge of OCTA's plans for onsite hydrogen fueling stations to understand if this is a viable
pathway. In the past, we have worked with transit agencies in Ventura County to coordinate
shared hydrogen fueling infrastructure between different transit agencies. The findings from this
task will be documented in the Final Master Plan to be developed in Task 4.
f"ASK 4. DEVELOP AND PRESENT FLEET
Ir'q r1rI 1r)N PLAN
4.1 FINAL REPORT
To concisely tie together the entire scope of the project, the Stantec team will prepare a detailed
Fleet Electrification and Vehicle Charging Master Plan report that outlines the recommended
strategies and actions for transitioning to an electric fleet. Stantec will prepare a draft report for
City review and comment. Following this, Stantec will revise the draft report based on comments
and issue a Final Master Plan for City Council review and adoption.
Analy Castillo, our Project Manager, will take the lead on the final reports to ensure all
deliverables are being met and clearly stated throughout the entire report and will develop a
proposed outline for the City's approval. Our team also understands the critical importance of the
delivery of the project and its findings; accordingly, Analy and the entire Stantec Team will work
closely with the City to develop a PowerPoint presentation and executive summary that can be
utilized for various presentations and meetings. The final reports will include an executive
summary and the main body of the report will be organized in a logical manner which includes all
previously described tasks and deliverables, taking into consideration other findings,
assessments, evaluations, conclusions, and strategies uncovered over the course of the project.
A clear rationale for the recommended charging or fueling infrastructure sites will be provided,
which will be supported by a compelling business case and a summary of associated operating
and capital costs for the transition to ZEVs. The final report will also include a greenhouse gas
analysis that details year -by -year carbon emissions reductions resulting from the fleet transition,
AQMD compliance considerations for infrastructure and fleet plans, and will note any
electrification related utility infrastructure challenges.
The executive summary of the report will be comprehensive in nature, including a high-level
overview of the project process, overview of the CARB Advanced Clean Fleets regulation and
implications, modeling results, ZEV fleet phasing plan, charging and infrastructure considerations,
financial implications, potential funding sources, and other significant findings from the project
assessment. The executive summary and Final Report will provide the City with a clear roadmap
to successfully transition their municipal fleet to ZEVs.
4.2 IN -PERSON PRESENTATION
Stantec will develop a PowerPoint presentation to accompany the Final Master Plan, and will
attend an in -person City Council meeting to present the Master Plan. Stantec's PM and any other
additional support staff deemed necessary will be in attendance to be able to answer any
questions the City Council or other stakeholders may have.
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services Inc. Page B-1
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Stantec Consulting Services Inc. Page C-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Stantec Consulting Services Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Stantec Consulting Services Inc. Page C-3
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Stantec Consulting Services Inc. Page C-4
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