HomeMy WebLinkAboutC-5044 - Local Government Match Program Contract #ML11045 (for Purchase of New CNG-Powered Vactor Sewer Truck)Contract No. ML11045B
South Coast
1f Modification
Air Quality Management District
MODIFICATION TO CONTRACT
This modification consists of 4 pages.
RECITALS
A. The South Coast Air Quality Management District (hereinafter "SCAQMD") and the City of
Newport Beach (hereinafter "CONTRACTOR") have previously executed a Contract No.
ML11045 for the purchase of one natural gas heavy-duty vehicle; and modified by Contract No.
ML11045A to extend the term of the Contract.
CONTRACTOR has indicated that it has taken longer than anticipated for their vendor to finalize
pricing and specifications of the natural gas heavy-duty vehicle. CONTRACTOR expects to take
delivery and place the vehicle into service in July 2015. CONTRACTOR has requested an
additional twelve-month extension to the Contract term. At their meeting of October 16, 2014, the
MSRC approved CONTRACTOR's request for additional time. Therefore, a modification to this
Contract is necessary to extend the date by which performance must be completed.
2. MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to
SCAQMD, as follows:
A. The term of this Contract is extended for an
terminating August 2, 2020.
additional period commencing August 3, 2019 and
B. Attachment 1 B - Statement of Work, attached hereto and included herein by this reference,
supersedes the original Statement of Work and any modifications thereof.
C. All other provisions of the above -referenced Contract shall remain in full force and effect.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
Contract No. ML11045B
Modification
SOUTH COAST AIR QUALITY MANAGEMENTjIDISTRICT CITY OF NEWPORT BEACH
By: By:
Barry R. Wallerstein, . v., Executive Officer Name: -t�r,tm, A. Xi .-,,-
Title: C,4,Ti ^P, -W he. "—
Date: 1 e c- 2
APPROVED AS TO FORM:
Dean D. Hughbanks, Procurement Manager
By: QD
//Modification
Revised September 18, 2013
2
Date:
AT
Lei an mwn, City CI rk
Dater — - --_
,%ZORNIPP
Project Description
CONTRACTOR will
below.
Statement of Work
Attachment 1 B
Statement of Work
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number MLI 1045B
purchase one (1) natural gas heavy-duty vehicle as specified
Vehicles
CONTRACTOR shall purchase one (1) natural gas heavy-duty vehicle, with gross
vehicle weight rating greater than 14,000 pounds and equipped with a dedicated
compressed natural gas -fueled (CNG) engine. Vehicle is required to operate for a
minimum of five years, but it is expected that the vehicle will continue to operate for its
entire life expectancy.
Vehicles
Life Expectancy
1 CNG Vacuum Sewer Cleaning Truck
12
ears
Each engine must be certified by the California Air Resources Board (GARB) at, or
cleaner than, the 2010 heavy-duty engine emission standards of 0.2 g/bhp-hr for oxides
of nitrogen (NOx) and 0.01 g/bhp-hr for particulate matter (PM).
CONTRACTOR shall be reimbursed for vehicle according to the costs stated in
Attachment 2 — Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co -funded vehicle. Acceptable outreach may include, but
is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices,
flyers, and information items at CONTRACTOR Board meetings and community events.
The Public Outreach Plan shall automatically be deemed approved 30 days following
receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public
Outreach Plan deficiency. CONTRACTOR shall implement the approved Public
Outreach Plan in accordance with the Project Schedule below.
Attachment 1B
Statement of Work — continued
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11045B
Project Schedule (based on date of Contract execution)
Task
Completion
Order vehicle
Month 4628
Submit Public Outreach Plan
Month 4-931
Take delivery and place vehicle in service
Month 2638
Implement Public Outreach Plan
Month 2-840
Quarterly reports
Months 4, 7, 10, 13, 16,
19, and -22, 25, 28, 31,
34 and 37
Final Report
Month 3042
Hardware: Natural gas -fueled vehicle as listed above.
Reports
Quarterly Reports: Until subject vehicle is entered into service, CONTRACTOR shall
provide quarterly progress reports that summarize the project results to date including,
but not limited to: tasks completed, issues or problems encountered, resolutions
implemented, and progress to date. Progress reports that do not comply will be
returned to the CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the
format provided by AQMD staff. Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions at this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, and impact of project on future alternative fuel projects.
F
Clea Transportation
Funding from the MSRC
Mobile Source Air Pollution Reduction Review Committee
December 9, 2014
Mr. Mark Harmon
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92658
Dear Mr. Harmon:
21865 Copley Drive
Diamond Bar
CA 91765
909.396.3269
fax 909.396.3682
Please find attached the executed original copy of amended Contract Number ML11045
(ML11045B) for your files. The amendment is to extend the contract for additional one
year terminating on August 2, 2020.
If you have any questions, please don't hesitate to call me at (909) 396-3101.
Sincerely,
"Rachel B. \Iblenzuela
Contracts Assistant
MSRC Contracts Administration
rachet()cleantransportationfunding.org
Attachment
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
South Coast
Air Quality Management District
MODIFICATION TO CONTRACT
This modification consists of 3 pages.
RECITALS
Contract No. ML11045A
Modification
A. The South Coast Air Quality Management District (hereinafter "AQMD") and the City of Newport
Beach (hereinafter "CONTRACTOR") have previously executed a Contract No. ML11045 for the
purchase of one natural gas heavy-duty vehicle,
B. CONTRACTOR has requested and the AQMD has approved an extension to the Contract term
due to city funding issues. Therefore, a modification to this Contract is necessary to extend the
date by which performance must be completed.
2. MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to
AQMD, as follows:
A. The term of this Contract is extended for an additional period commencing August 3, 2018 and
terminating August 2, 2019,
B. Attachment 1A - Statement of Work, attached hereto and included herein by this reference,
supersedes the original Statement of Work.
C. All other provisions of the above -referenced Contract shall remain in full force and effect.
SOUTH COAST AIR QUALITY MANAGEME T DISTRICT
By:
Bar�.Wallerstein, . E v., Executive Officer
Date: G
APPROVED A T FORM:
�►� Dean D. Hughbanks, Procurement Manager
By: C4
//Modification
15 December 2004
CITY OF NEWPORT BEACH
By: L l
Name: 'DPcv jo b,,XL%Vf
Title: C'C� M,,,,_'.IK`r
Date: 1A31) 20►Z
APP S TO FORM:
City Attdmey
. 4�W Ppb,
Aftest
City Clerk u -= J
x�
cy ,
"nae ......
Attachment 1A
Statement of Work
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11046A
Project Description
CONTRACTOR will purchase one (1) natural gas heavy-duty vehicle as specified
below.
Statement of Work
Vehicles
CONTRACTOR shall purchase one (1) natural gas heavy-duty vehicle, with gross
vehicle weight rating greater than 14,000 pounds and equipped with a dedicated
compressed natural gas -fueled (CNG) engine. Vehicle is required to operate for a
minimum of five years, but it is expected that the vehicle will continue to operate for its
entire life expectancy.
Vehicles
Life Ex
ectanc
(1) CNG Vacuum Sewer gleaningTruck
12
years __
Each engine must be certified by the California Air Resources Board (GARB) at, or
cleaner than, the 2010 heavy-duty engine emission standards of 0.2 g/bhp-hr for oxides
of nitrogen (NOx) and 0.01 g/bhp-hr for particulate matter (PM).
CONTRACTOR shall be reimbursed for vehicle according to the costs stated in
Attachment 2 — Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co -funded vehicle. Acceptable outreach may include, but
is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices,
flyers, and information items at CONTRACTOR Board meetings and community events.
The Public Outreach Pian shall automatically be deemed approved 30 days following
receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public
Outreach Plan deficiency. CONTRACTOR shall implement the approved Public
Outreach Plan in accordance with the Project Schedule below.
Attachment 1A
Statement of Work — continued
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11045A
Project Schedule (based on date of Contract execution)
Task
Completion
Order vehicle
Month 416
Submit Public Outreach Plan
Month 719
Tales deliver and lace vehicle in service
Month 4426
Implement Public Outreach Plan
Month 4628
Quarterly reports
Months 4, 7, 10, and -13,
16, 19, and 22
Final Report T
Month 48 30
Hardware: Natural gas -fueled vehicle as listed above.
-..
Quarterly Reports: Until subject vehicle is entered into service, CONTRACTOR shall
provide quarterly progress reports that summarize the project results to date including,
but not limited to: tasks completed, issues or problems encountered, resolutions
implemented, and progress to date. Progress reports that do not comply will be
returned to the CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the
format provided by AQMD staff. Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions at this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, and impact of project on future alternative fuel projects.
2
r
®flfl1f�D �O�S�Contract No. ML11045
Clean Transportation
Air Q1diAlIlly Management Districg �:"a:"tri from ,na.us�ec
P
LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter
referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the
City of Newport Beach (hereinafter referred to as "CONTRACTOR") whose address is 3300 Newport Beach
Boulevard, Newport Beach, California 92658.
2. RECITALS
A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution within
the geographical boundaries of the South Coast Air Quality Management District in the State of
California (State). AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill
(AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles
and to implement the California Clean Air Act.
B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor
vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is required to collect
such fee and remit it periodically to AQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD
into a separate account for the sole purpose of implementing and monitoring programs to reduce air
pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the work
program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for
services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Match Program Application dated May 24, 2011.
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that
AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no
responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely
manner.
4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the
termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate
such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended,
AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was
inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not
relieve CONTRACTOR of its obligation to perform under the terms of this Contract.
Contract No. ML11045
5. REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of
Work. AQMD reserves the right to review, comment, and request changes to any report produced as a
result of this Contract.
6. TERM - The term of this Contract is for seventy eight (78) months from the date of execution by both parties,
unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of
this Contract in writing, or unless all work is completed and a final report is submitted and approved by
AQMD prior to the termination date. No work shall commence prior to the Contract start date, except at
CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon
written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may
extend the Contract up to an additional six months at no additional cost. Term extensions greater than six
months must be reviewed and approved by the MSRC.
7. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to
provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements
of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The
nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must
cure this breach within fifteen (15) days or provide written notification of its intention to terminate this
Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause
15 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The
nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse
CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all
noncancellable commitments incurred in performance of this Contract through the effective date of
termination for any reason other than breach.
8. EARLY TERMINATION — This Contract may be terminated early due to any of the following circumstances:
A. The vehicles or equipment become inoperable through mechanical failure of components or systems
directly related to the alternative fuel technology being utilized and such failure is not caused by
CONTRACTOR'S negligence, misuse, or malfeasance.
B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly
to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance.
9. INSURANCE — CONTRACTOR represents that it is permissibly self-insured and will maintain such self-
insurance in accordance with applicable provisions of California law throughout the term of this Contract.
CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any
extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD
below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management
District, Attn: Risk Management Office, The AQMD Contract Number shall be included on the face of
the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the
right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the
cost thereof from any payments owed to CONTRACTOR. Minimum insurance coverages are as follows:
A. Worker's compensation insurance in accordance with either California or other state's
applicable statutory requirements.
2
Contract No. ML11045
B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and
$2,000,000 in general aggregate.
C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per
accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined
single limit for bodily injury or property damage.
10. INDEMNIFICATION — CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers,
employees, agents, representatives, and successors -in -interest against any and all loss, damage, cost, or
expenses which AQMD, its officers, employees, agents, representatives, and successors -in -interest may
incur or be required to pay by reason of any injury or property damage caused or incurred by
CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract.
11. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Thirty Thousand Dollars ($30,000) upon
completion of the project on a reimbursement basis. Any funds not expended upon early contract
termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges
shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an
itemized invoice prepared and furnished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and
list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number
or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in
Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project
described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided
to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a
Final Report detailing the project goals and accomplishments.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any
project cost overruns must be funded from other than AB 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the
project described in Attachments 1, 2, and 3 of this Contract,
F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or
infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual
amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated
basis as described in Attachment 2.
G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this
Contract or invoice may not be paid.
12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and/or sold.
M
Contract No, ML11045
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the
air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which
are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or
other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of
AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and
which are subject to retirement, shall be referred to as "AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary
Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 2766 program's contribution to the associated air quality benefits.
Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC
application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total
MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
13. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a
prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to
permanently display one MSRC decal in a prominent location on each fueling or charging station
constructed or upgraded pursuant to this Contract. Decals will be provided by MSRC upon notification that
subject fueling station equipment and/or vehicles are placed into service. Decals are approximately twelve
(12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if
CONTRACTOR demonstrates that application of the standard decal is not feasible). CONTRACTOR shall
maintain decal for life of vehicle or equipment subject to this Contract. Should any decal become damaged,
faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new
decal in the same or other prominent location. MSRC shall not be responsible for damage to paint or other
vehicle surfaces arising from application or removal of decals. In addition, all promotional materials related to
the project, including, but not limited to, press kits, brochures and signs shall include the MSRC logo. Press
releases shall acknowledge MSRC financial support for the project.
14. ACCRUAL OF MILEAGE WITHIN SOUTH COAST AIR QUALITY DISTRICT — CONTRACTOR is obligated
to comply with the geographical restriction requirements as follows:
A. Each of the vehicles funded under this Contract must accrue at least 85% of its annual mileage or engine
hours of operation within the geographical boundaries of the South Coast Air Quality Management
District for a period of no less than five (5) years from the date the vehicle enters service (new vehicles)
or returns to service (repowered vehicles). Should CONTRACTOR deviate from or fail to comply with this
obligation, for reasons other than those stated in Clause B.A., CONTRACTOR shall reimburse AQMD for
a prorated share of the funds provided for the vehicle as indicated in the table below:
4
M
C.
Contract No. ML11045
5 year Operations (Obligation
Tormination Qecurs
1 ercentage of MSRC'F-Ands
to be!Reimbursed .,
Within Year 1
100%
Between Years 1-2
80%
Between Years 2-3
60%
Between Years 3-4
40%
Between Years 4-5
20%
After Year 5
0%
The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the
vehicle ceases to operate in accordance with the geographical restriction. CONTRACTOR shall not be
responsible for any reimbursement to AQMD if the obligation is terminated as a result from one or more
reasons set forth in Clause 8.A.
Should CONTRACTOR sell, lease, transfer, assign or otherwise divest itself of the vehicles during the
five year period referred to in clause 14.A, notice shall be provided to AQMD no less than 30 days
preceding the sale, lease, transfer, or assignment is effectuated. The agreement effectuating the sale,
lease, transfer or assignment shall state that the AQMD is an intended third -party beneficiary of the
agreement and shall include the following requirement: the obligation to accrue mileage within the South
Coast Air Quality Management District shall be a continuing obligation of the subsequent purchaser,
lessee, transferee, successor in interest, heir or assign and shall remain in full force and effect until the
expiration of the five year operation period. This obligation shall be passed down to any subsequent
purchaser, lessee or transferee during this five year term and AQMD shall be an intended third -party
beneficiary of any subsequent agreement. Upon receiving notice of any subsequent sale, lease, transfer,
assignment or other divestiture, AQMD may elect to either require the reimbursement specified in Clause
14.A and 14.B, or require the subsequent purchaser, lessee, transferee or assignee to comply with the
continuing obligation to operate the vehicle for a period of no less than five (5) years from the date the
vehicle entered service (new vehicles) or re -service (re -powered vehicles). Notice of AQMD's election of
remedies shall be provided to CONTRACTOR and any subsequent purchaser, lessee, transferee or
assignee in a timely fashion.
15. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons
listed below or to other such addresses or addressees as may hereafter be designated in writing for notices
by either party to the other. A notice shall be deemed received when delivered or three days after deposit in
the U.S. Mail, postage prepaid, whichever is earlier.
AQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
CONTRACTOR: City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92658
Attn: Mark Harmon
5
Contract No. ML11045
16. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD.
CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of
vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain
workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered
employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or
representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services required to be performed
under this Contract. CONTRACTOR further represents that in performance of this Contract, no person
having any such interest shall be employed by CONTRACTOR or any subcontractor.
17. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the
California Fair Employment & Housing Act (Government Code Section 12900, of seq.), the Federal Civil
Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal
Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order.
CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in
each such subcontract language similar to this clause.
18. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or
vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract.
CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any
and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract
or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all
terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly,
CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement or similar
security instrument to secure its interests in the equipment and/or vehicles that are the subject of
the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify
AQMD within 10 business days of such filing.
19. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
local laws, ordinances, codes and regulations and orders of public authorities in the performance of this
Contract and to ensure that the provisions of this clause are included in all subcontracts.
20. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by
either party without the prior written consent of the other, and any attempt by either party to do so shall be
void upon inception.
C
Contract No. ML11045
21. NON -EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or
all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies
hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such
terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise
provided for herein,
22. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and
costs.
23. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any
delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly,
from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of
AQMD or CONTRACTOR.
24. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall
not affect any other provisions of this Contract, and the Contract shall then be construed as if such
unenforceable provisions are not a part hereof.
25. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation,
construction, or meaning of the provisions of this Contract.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
27. GOVERNING LAW - This Contract shall be construed and .interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of
any dispute shall be Los Angeles County, California.
4,'4%
28. PRECONTRACT C --4n ec?sts'incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully
executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal
Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized
by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the
Contract.
29. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR,
submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures.
CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All
modifications to this Contract shall be in writing and signed by both parties.
Contract No. ML11045
30. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to
CONTRACTOR providing services to AQMD and there are no understandings, representations, or
warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of
the provisions herein shall be binding on any party unless in writing and signed by the party against whom
enforcement of such waiver, alteration, or modification is sought. The Statement of Work - Attachment 1,
The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by
reference herein and made a part hereof.
31. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered
and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational
and financial capacity and that the requirements and obligations under this Contract are legally enforceable
and binding on CONTRACTOR.
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
By:
Dr. William A. Burke, Chairman, Governing Board
Date: _ Z ' 3? / 2
ATTEST:
Saundra McDaniel, Clerk of the Board
By, k � � �- 'Y�7
APPROVED AS TO FORM:
Kurt R. Wiese, General Counsel
By: V' ' Arl
//MSRC08LocaiGoutMatch
Updated 22 October 2008
CITY OF NEWPORT BEACH
By: e.----
Name.'-bhVtp A ,if.KP
Title: 6tTM MANA6P,2
Date: 1— 1L—"L02
Attmt
4CCWk
1—If-ly
APP VED AS TO FORM:
City Attomey ��
Project Description
CONTRACTOR will
below.
Statement of Work
Attachment 1
Statement of Work
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11045
purchase one (1) natural gas heavy-duty vehicle as specified
Vehicles
CONTRACTOR shall purchase one (1) natural gas heavy-duty vehicle, with gross
vehicle weight rating greater than 14,000 pounds and equipped with a dedicated
compressed natural gas -fueled (CNG) engine. Vehicle is required to operate for a
minimum of five years, but it is expected that the vehicle will continue to operate for its
entire life expectancy.
Vehicles
Life Expectanc
(1) CNG Vacuum Sewer Cleaning Truck
12 years
Each engine must be certified by the California Air Resources Board (GARB) at, or
cleaner than, the 2010 heavy-duty engine emission standards of 0.2 g/bhp-hr for oxides
of nitrogen (NOx) and 0.01 g/bhp-hr for particulate matter (PM).
CONTRACTOR shall be reimbursed for vehicle according to the costs stated in
Attachment 2 — Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the acquisition of the MSRC co -funded vehicle. Acceptable outreach may include, but
is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices,
flyers, and information items at CONTRACTOR Board meetings and community events.
The Public Outreach Plan shall automatically be deemed approved 30 days following
receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public
Outreach Plan deficiency. CONTRACTOR shall implement the approved Public
Outreach Plan in accordance with the Project Schedule below.
Project Schedule (based on date of Contract execution)
Task
Completion
Order vehicle
Month 4
Submit Public Outreach Plan
Month 7
Take delivery and place vehicle in service
Month 14
Implement Public Outreach Plan
Month 16
Quarterly reports
Months 4, 7, 10, and 13
Final Report
Month 18
Attachment 1
Statement of Work — continued
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11045
Hardware: Natural gas -fueled vehicle as listed above.
Reports
Quarterly Reports: Until subject vehicle is entered into service, CONTRACTOR shall
provide quarterly progress reports that summarize the project results to date including,
but not limited to: tasks completed, issues or problems encountered, resolutions
implemented, and progress to date. Progress reports that do not comply will be
returned to the CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the
format provided by AQMD staff. Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions at this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, and impact of project on future alternative fuel projects.
Attachment 2
Payment Schedule
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11045
Cost Breakdown
CONTRACTOR shall be reimbursed according to the amounts stated above per vehicle
upon proof of vehicle delivery, vehicle acceptance, and placement of vehicle into
service. Documentation of the specific engine installed in the vehicle, including the
year, manufacturer, and model, must accompany each request for reimbursement.
If, at the completion of the Project, the expenditures are less than the Total Cost amount
above, the actual amount of AB 2766 Discretionary Funds reimbursed to
CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to
CONTRACTOR shall not exceed the amount of local funds applied, up to a maximum of
$30,000 per heavy-duty vehicle.
7
Maximum AB2766
Purchase
Discretionary
Other Funds
Total Cost
Category
Funds payable
Applied
under this Contract
Heavy Duty
Natural Gas
$30,000
$290,956.75
$320,956.75
Vehicles
CONTRACTOR shall be reimbursed according to the amounts stated above per vehicle
upon proof of vehicle delivery, vehicle acceptance, and placement of vehicle into
service. Documentation of the specific engine installed in the vehicle, including the
year, manufacturer, and model, must accompany each request for reimbursement.
If, at the completion of the Project, the expenditures are less than the Total Cost amount
above, the actual amount of AB 2766 Discretionary Funds reimbursed to
CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to
CONTRACTOR shall not exceed the amount of local funds applied, up to a maximum of
$30,000 per heavy-duty vehicle.
7
Attachment 3
Supporting Documentation
City of Newport Beach
Hereinafter Referred to as CONTRACTOR
Contract Number ML11045
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting any rights to third parties against the AQMD.
1. Proof of Self -Insurance.
a "E (s;is, 0 1100111V
HUMAN RESOURCES ES %DIEPARTM ENT
Terri L. Cassidy, J.D., Director
April 13, 2011
MSRC Contracts Administrator
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
RE: Insurance Coverage
To Whom It May Concern:
The City of Newport Beach is self-insured as respects general liability and automobile liability
coverage. The City of Newport Beach has a self-insured retention (SIR) limit of $500,000 dollars
with excess coverage of $50 million dollars.
The City of Newport Beach is also self-insured as respects workers compensation coverage. The
City of Newport Beach has statutory limits and employers' liability excess coverage of $1 million
dollars.
if you have any questions regarding this letter, please contact me at (949) 644-3256.
Sincerely,
ill Camille Ortiz
Human Resources Specialist II
3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915
Telephone: (949) 644-3300 - Fax: (949) 644-3305 • www.newportbeachca.gov