HomeMy WebLinkAbout06477 - TERRA NOVA PLANNING & RESEARCH INC TO PREPARE RFP FOR FOUR AQMD PROJECTS Kathie Hart
From: Marcus Fuller
Sent: Wednesday, March 18, 2015 9:40 PM
To: Kathie Hart
Cc: Savat Khamphou; Carrie Rovney;Tabitha Richards
Subject: Re:A6477 -Terra Nova
yes
Marcus L. Fuller, MPA, PE, PLS
Assistant City Manager/
City Engineer
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 322-8380
Marcus.Fuller@palmsprinRs-ca.gov
On Mar 18, 2015, at 9:22 PM, Kathie Hart<Kathie.Hart@palmsprings-ca.gov>wrote:
This is an agreement for the preparation of a RFP for 4 AQMD projects.
It expired in June 2014.
OK to close this agreement?
Kathie Hari, MMC
Chief Deputy City Clerk
City of Palm 5prings 2W(760)323-8206
3200 E. Tahquitz Canyon Way B(760)322-8332
Palm Springs, CA 92262 �Kathie.Hart@PalmSarinosCA.,70
Please note that City Hall is open 8 a.m. to 6 pm,. Monda.v through Thursday,and closed on Fridays at this tame.
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CONSULTING SERVICES AGREEMENT
TERRA NOVA PLANNING & RESEARCH, INC.
THIS AGREEMENT FOR CONS LTING SERVICES ("Agreement") is made and
entered into on . W t3 , 201"y and between the City of Palm Springs, a
California charter city and municipal rporation ("City"), and Terra Nova Planning &
Research, Inc., a California corporation, ("Consultant"). City and Consultant are
individually referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
A. City requires the services of a professional environmental firm to prepare
Request for design-build proposals for the 4 AQMD Grant Projects.
B. Consultant has submitted to City a proposal to provide Request for
Proposals (RFP) preparation services to City under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as
follows:
AGREEMENT
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1. CONSULTANT-SERVICES
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1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide RFP preparation services to City as described in
the Scope of Services[Work attached to this Agreement as Exhibit "A" and incorporated
by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule
of performance and the schedule of fees. Consultant warrants that all services and
work shall be performed in a competent, professional, and satisfactory manner
consistent with prevailing industry standards. In the event of any inconsistency between
the terms contained in the Scope of Services/Work and, the terms set forth in this
Agreement, the terms set forth in this Agreement shall govem.
1.2 Compliance with Law. Consultant services rendered under this
Agreement shall comply with all applicable federal, state, and local laws, statutes and
ordinances and all lawful orders, rules, and regulations.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
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I 1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an
essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the work of this Agreement according to the agreed upon schedule of
performance set forth in Exhibit "A." Consultant shall not be accountable for delays in
the progress of its work caused by any condition beyond its control and without the fault
or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
I 3.1 Compensation of Consultant. Consultant shall be compensated and
reimbursed for the services rendered under this Agreement in accordance with the
schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not
exceed $5,650.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the
date of the invoice, no later than the first working day of such month, in the form
approved by City's finance director. Payments shall be based on the hourly rates set
forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all
expenses stated in the invoice that are approved by City and consistent with this
Agreement, within thirty(30)days of receipt of Consultant's invoice.
3.3 Channes. In the event any change or changes In the Scope of
ServicesNVork is requested by City, Parties shall execute a written amendment to this
Agreement, specifying all proposed amendments, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work
product, or work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional.services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon,
funds being appropriated by the City Council of City for each fiscal year. If such
appropriations are not made, this Agreement shall automatically terminate without
penalty to City.
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4. PERFORMANCE SCHEDULE
4.1 Time .of Essence. Time is of the essence in the performance of this
Agreement.
4.2 Schedule of Performance. All services rendered under this Agreement
shall be performed under the agreed upon schedule of performance set forth in Exhibit
"A." Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for. performance of services to be rendered
under this Agreement may be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Consultant, if
Consultant notifies the Contract Officer within ten (10) days of the commencement of
such condition. Unforeseeable causes include, but are not limited to, acts of God or of
a public enemy, acts of the government, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather.
After Consultant notification, the Contract Officer shall investigate the facts and the
extent of any necessary delay, and extend the time for performing the services for the
period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the
parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect until June 30, 2014,
unless extended by mutual written agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this
Agreement at any time, with or without cause, upon thirty (30) days written notice to
l Consultant. Where termination is due to the fault of Consultant and constitutes an
f immediate danger to health, safety, and general welfare, the period of notice shall be
such shorter time as may be determined by the City. Upon receipt of the notice of
ftermination, Consultant shag immediately cease all services except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to
I compensation for all services rendered prior to receipt of the notice of termination and
for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement, with or without cause, upon thirty (30) days written notice to
City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and
make all decisions In Its behalf with respect to the specified services and work: Nicole
Sauviat Criste, Principal. It is expressly understood that the experience, knowledge,
education, capability, and reputation of the foregoing principal is a substantial
inducement for City to enter into this Agreement. Therefore, the foregoing principal
shall be responsible during the term of this Agreement for directing all activities of
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Consultant and devoting sufficient time to personally supervise the services under this
Agreement. The foregoing principal may not be changed by Consultant without prior
written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the Director of Public
Works or his/her designee ("Contract Officer"). Consultant shall be responsible for
keeping the Contract Officer fully informed of the progress of the performance of the
services. Consultant shall refer any decisions that must be made by City to the Contract
Officer. Unless otherwise specified, any approval of City shall mean the approval of the
Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other individual or entity to perform
any services required under this Agreement without the City's express written approval.
In addition, neither this Agreement nor any interest may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required, except as otherwise specified. Consultant
shall perform all required services as an independent contractor of City and shall not be
an employee of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role; however, City shall
have the right to review Consultant's work product, result, and advice. Consultant shall
not at any time or in any manner represent that it or any of its agents or employees are
agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services in this Agreement. Consultant shall not alter the assignment of the
j following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager, the City shall have the unrestricted right to order the removal
of any personnel assigned by Consultant by providing written notice to Consultant.
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Name: Title:
j Nicole Sauviat Criste Principal
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6. INSURANCE
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Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in the attached Exhibit"B", incorporated herein by reference.
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7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless
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City, its elected officials, officers, employees, agents, and volunteers (collectively the
"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, .
demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees
(collectively"Claims"), including but not limited to Claims arising from injuries to or death
of persons (Consultant's employees included), for damage to property, including
property owned by City, from any violation of any federal, state, or local law or
ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's
performance under this Agreement. This indemnification clause excludes Claims
arising from the sole negligence or willful misconduct of the City, its elected officials,
officers, employees, agents, and volunteers. Under no circumstances shall the
insurance requirements and limits set forth in this Agreement be construed to limit
Consultant's indemnification obligation or other liability under this Agreement.
Consultant's indemnification obligation shall survive the expiration or earlier termination
of this Agreement until all actions against the Indemnified Parties for such matters
indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit
of third party Indemnified Parties not otherwise a party to this Agreement.
I 7.2 Desisrn Professional Services Indemnification and Reimbursement. If
the Agreement is determined to be a "design professional services agreement" and
Consultant is a "design professional" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Consultant shall indemnify,
defend (at Consultant's sole cost and expense), protect and hold harmless City and its
elected officials, officers, employees, agents and volunteers and all other public
agencies whose approval of the project is required, (individually "Indemnified Party;
collectively "Indemnified Parties") against any and all liabilities, claims, judgments,
i arbitration awards, settlements, costs, demands, orders and penalties (collectively
"Claims"), including but not limited to Claims arising from injuries or death of persons
(Consultant's employees included) and damage to property, which Claims arise out of,
pertain to, or are related to the negligence, recklessness or willful misconduct of
j Consultant, its agents, employees, or subcontractors, or arise from Consultant's
negligent, reckless or willful performance of or failure to perform any term, provision,
covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability
for Indemnified Claims shall .be reduced to the extent such Claims arise from the
negligence, recklessness or willful misconduct of the City and Its elected officials,
officers, employees, agents and volunteers.
B. The Consultant shall require all non-design-professional sub-
contractors, used or sub-contracted by Consultant to perform the Services or Work
required under this Agreement, to execute an Indemnification Agreement adopting the
indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition,
sub-contractors used or sub-
contracted shall require all non-design-professional
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contracted by Consultant to perform the Services or Work required under this
Agreement, to obtain insurance that is consistent with the Insurance provisions as set
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forth in this Agreement, as well as any other insurance that may be required by Contract
Officer.
B. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer reports concerning the performance of the services required by this Agreement,
or as the Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this
Agreement. Consultant shall keep such books and records as shall be necessary to
properly perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. The Contract Officer shall have
full and free access to such books and records at all reasonable times, including the
right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of City. Consultant shall deliver all above-referenced
documents to City upon request of the Contract Officer or upon the termination of this
Agreement. Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the
documents and materials. Consultant may retain copies of such documents for
Consultant's own use. Consultant shall have an unrestricted right to use the concepts
embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
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the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement. Consultant shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by City and copies shall be
promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
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Consultant covenants and agrees to submit to the personal jurisdiction of such court in
j the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the
Parties. The terms of this Agreement are contractual and the result of negotiation
between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be
construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this
Agreement are for convenience and identification purposes only and shall not be
deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City's consent to or approval of any subsequent act of Consultant. Any
waiver by either party of any default must be in writing. No such waiver shall be a
waiver of any other default concerning the same or any other provision of this
Agreement.
� 9.4 Risrhts and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative. The exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
9.5 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by City or for any amount which may become due to the
Consultant ,or its successor, or for breach of any obligation of the terms of this
Agreement.
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10.2 Conflict of Interest. No officer or employee of the City shall have any
direct or indirect financial interest in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects their
financial interest or the financial interest of any corporation, partnership, or association
in which he/she is, directly or indirectly, interested in violation of any state statute or
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regulation. Consultant warrants that Consultant has not paid or given, and will not pay
or give, any third party any money or other consideration in exchange for obtaining this
Agreement.
10.3 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or
communication that either party desires, or is required to give to the other party or any
other person shall be in writing and either served personally or sent by pre-paid, first-
class mail to the address set forth below. Notice shall be deemed communicated
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
Either party may change Its address by notifying the other party of the change of
address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
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To Consultant: Terra Nova Planning & Research, Inc.
Nicole Sauviat Criste
i 42635 Melanie Place, Suite 101
Palm Desert, CA 92211
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11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement
shall be binding unless through written agreement by all Parties.
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11.4 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law. In the
event that.any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by valid
judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement, which shall be interpreted to carry out the
1 intent of the parties.
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11.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any
rights as a third-party beneficiary or otherwise, upon any entity or person not a party to
this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges
and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
Warrant that they are duly authorized to execute this Agreement on behalf of Parties and
that by so executing this Agreement the Parties are formally bound to the provisions of
this Agreement.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates stated below.
"CITY"
City of Palm Springs
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Date: )I�l � By:
7 David J. Barakian
Director of Public Works & Engineering
APPROVED AS TO FORM: ATTEST
By:
Dougl . Holland, mes Thompson,
City Attorney City Clerk
"CONSULTANT"
Terra Nova Planning & Research, Inc.
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Date:= Z� By : oArl �l. Jrs4l
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I Date: J Do aiA 13, A'r C'2►SeE
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(se reta y
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APPROVED BY DEPARMENT HEAD
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
Courdyof `ye �,e.
:I On _ r�L�before me, — 1� �1•—
personally appeared 1 CN4 „ ''(—
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who proved to me on the basis of satisfactory evidence to
be the person(s)whose name(s)Were subsol ted to the
within Instrument and acknowledged to me that
ha/terfhey executed the sane in hiuberAheir authorized
capad(y(ies),and that by hisAwAheir sigrti4ka)on the
instrument the person(s), or the antity upon behalf of
which the person(s)acted,executed!the frnsbtwns nL
JERILYNCH•JOHNSON
Commission• 1944508 1 cerEHy under PENALTY OF PERJURY under the laws
_ Notary Public•California i of the State of Galffornia that the foregoing paragraph Is
Riverside County > true and correct.
i M Comm.Expires Jul 17,2015
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Oesortptlon of Attached Document
' 7Me or type of Document
Coma wd Data: Number of Pages;
Slgne4s)Odw Than Named Above: _--.—
Capacity(les)Claimed by Signar(s)
Signw1t Nemec. Signers Name:
Individual ❑IncIvidual _
0 Corporatealicer—Tiae(sy: ❑CorporateOfficer—TNe(sg
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EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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12 rased:iunna
Terra Nova Planning & Research has submitted a proposal to prepare a Request for
Proposals. The Request for Proposals (RFP), for design-build services for the four solar
projects awarded to the City under the AB 1318 Mitigation Fees Fund, will be the basis
for the work effort.
Understanding of the Project
The City received funding to install solar at four public facilities, and now needs to
secure contractors to design and construct the improvements. The City wishes to
develop a Request for Proposals (RFP)that allows proposers to submit on one or more
of the projects. The RFP also needs to conform to the requirements of the City's
contract with the SCAQMD.
Scope of Work
• Coordinate with City Staff to secure standard Public Works RFP template(s),
Procurement Department requirements, etc.
s Coordinate with SCAQMD Staff to assure conformance with contractual
requirements.
• Draft Request for Proposals, including description of each of the four project
sites, requirements of SCAQMD contract, reporting requirements, and options for
proposals on one or more projects. At City's discretion, include breakdown of
maximum funds available for each project.
• Submit draft RFP to City Staff for review. Incorporate changes as needed into
Final Draft RFP.
• Submit Final Draft RFP to SCAQMD per contract requirement.
j . Submit Final RFP to City Staff in Wont and PDF format, for distribution by
Procurement Department.
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Project Budget
Budget Category Amount
Internal, and Client Meetings
(Principal: 4 hours @ $165/Hour) $660.00
RFP Drafting (including one revision cycle)
(Principal: 2 hours @ $165/Hour)
(Senior. 32 hours @ $140/Hour) $4,810.00
Admin. Support (4 hours @ $45/Hour) $180.00
Total $5,650.00
Project Timeline
Draft RFP shall be submitted to City within 10 working days of receiving authorization
from City to proceed.
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EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests..(Separation.of Insureds)
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INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall
procure and maintain public liability and property damage insurance against all claims
for injuries against persons or damages 'to property resulting from Consultant's
performance under this Agreement. Consultant shall procure and maintain all insurance
at its sole cost and expense, in a form and content satisfactory to the City, and submit
concurrently with its execution of this Agreement. Consultant shall also carry workers'
compensation insurance in accordance with California workers' compensation laws.
Such insurance shall be kept in full force and effect during the term of this Agreement,
including any extensions. Such insurance shall not be cancelable without thirty (30)
days advance written notice to City of any proposed cancellation. Certificates of
insurance evidencing the foregoing and designating the City, its elected officials,
officers, employees, agents, and volunteers as additional named insureds by original
endorsement shall be delivered to and approved by City prior to commencement of
services. The procuring of such insurance and the delivery of policies, certificates, and
endorsements evidencing the same shall not be construed as a limitation of
Consultant's obligation to indemnify City, its elected officials, officers, agents,
employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance
required under this Agreement shall be as follows:
1. Comprehensive general liability and personal Injury with limits.of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000)general aggregate;
2. Automobile liability insurance with limits of at least one million
j dollars ($1,000,000.00) per occurrence;
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3. Professional liability (errors and omissions) insurance with limits of
at least one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000) annual aggregate is:
required
- X is not required;
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement,
Consultant's insurance coverage shall be primary with respect to the City and its
respective elected officials, officers, employees, agents, and volunteers. Any insurance
or self-insurance maintained by City and its respective elected officials, officers,
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employees, agents, and volunteers shall be in excess of Consultant's insurance and
shall not contribute with it. For Workers' Compensation and Employers Liability
Insurance only, the insurer shall waive all rights of subrogatlon and contribution it may
have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is
required, and if Consultant provides claims made professional liability insurance,
Consultant shall also agree in writing either (1) to purchase tail insurance in the amount
required by this Agreement to cover claims made within three years of the completion of
Consultant's services under this Agreement, or (2) to maintain professional liability
insurance coverage with the same carrier in the amount required by this Agreement for
at least three years after completion of Consultant's services under this Agreement.
Consultant shall also be required to provide evidence to City of the purchase of the
required tall insurance or continuation of the professional liability policy.
4 5. Sufficiency of Insurers. Insurance required in this Agreement shall be.
provided by authorized.insurers in good standing with the State of California. Coverage
shall be provided by insurers admitted in the State of California with an A.M. Best's Key
Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
I effecting all of the coverages required by this Agreement. The certificates and
{ endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide
complete, certified copies of all required insurance policies at any time. Additional
insured endorsements are not required for Errors and Omissions and Workers'
Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, Its officials, employees, and agents are named
as an additional insured..." ("as respects City of Palm Springs Contract No._"or "for
any and all work performed with the City"may be included In this statement).
2. "This insurance Is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. or
"for any and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the
j expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
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such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of.City, its elected officials, officers,
employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agentibroker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
7. . Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either (1) the
insurer shall reduce or eliminate such deductibles or self-insured retentions with respect
to the City, its elected officials, officers, employees, agents, and volunteers; or (2)
Consultant shall procure a bond guaranteeing payment of losses and related
Investigations, claim administration, and defense expenses. Certificates of Insurance
must include evidence of the amount of any deductible or self-insured retention under
the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
a. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
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EXHIBIT " 9
CITY OF PALM SPRINGS'
CONTRACT WITH
SOUTH COAST AIR
QUALITY MANGEMENT DISTRICT
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4037
South Coast convacrrr ABo. 1318
AB 31 fl
Air Quality Management District
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This Contract consists of 21 pages.
1. PARTIES -The parties to this Contract are the South Coast Air Quality Management District(referred
to here as "SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178,
and the City of Palm Springs (referred to here as °CONTRACTOR") whose address is 3200 East
Tahquitz Canyon Way,Palm Springs,Califomia 92262.
2. RECITALS
A. SCAQMD 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, SCAQMD is authorized to enter into this Contract under California Health
and Safety Code Section 40489. SCAQMD desires to contract with CONTRACTOR for services
described in Attachment 1 - Statement of Work, attached here and made a part here by this
reference. CONTRACTOR warrants that it is well-qualified and has the experience to provide
such services on the terms set forth here.
B. In June 2011, the SCAQMD Governing Board approved the establishment of the AB 1318
Mitigation Fees Fund (Fund 58). This special revenue fund is to be used to finance emission
reduction projects, pursuant to the requirements of AB1318 (V.M. Perez), which was codified into
law at California Health and Safety Code section 40440.14.The mitigation fees are for the transfer
of emission offsets from SCAQMD's internal offset accounts to CPV Sentinel, LLC, for the
construction and operation of the CPV Sentinel Energy power plant located in Desert Hot Springs.
CONTRACTOR was awarded a grant to implement an emission reduction project in the Coachella
Valley that will have a direct impact on the air quality and health of residents, while aiding in
regional air quality goals.
C. CONTRACTOR is authorized to do business in the.State of California and attests that it is in good
tax standing with the California Franchise Tax Board. -
D. All parties to this Contract have had the opportunity to have this Contract reviewed by their
attorney.
E. 'Equipment,° as used in this Contract, means the equipment described in Attachment 1 —
Statement of Work and funded in whole or in part by AB 1318 Mitigatlon Fees Funds, which may
include, but is riot limited to, vehicles, retrofit devices, fueling stations, and electrification
infrastructure,as applicable.
3. PERFORMANCE REQUIREMENTS
i A. CONTRACTOR agrees to obtain and maintain the required licenses, permits, and all other
appropriate legal authorizations from all applicable federal, state and local jurisdictions.and pay all
applicable fees. CONTRACTOR further agrees to immediately notify SCAQMD in writing of any
change In its licensing status which has a material impact on the CONTRACTOR's performance
under this Contract.
B. CONTRACTOR shall submit reports to SCAQMD as outtined in Attachment 1 - Statement of
Work. All reports shall be submitted in an environmentally friendly format: recycled paper,
stapled, not bound;black and white,double4ded print;and no three-ring,spiral,or plastic binders
or cardstock covers. SCAQMD reserves the right to review, comment, and request changes to.
any report produced as a result of this Contract.
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Contract No-14037
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C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Statement of Work, and shall
not engage,during the term of this Contract, in any performance of work that is in direct or indirect
conflict with duties and responsibilities set forth in Attachment 1 -Statement of Work.
D. CONTRACTOR must ensure that the project, including the Equipment to be purchased or
Installed, is in compliance with all applicable federal, state, and local air quality rules and
regulations, and that it will maintain compliance for the full Contract term.
E. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily
required by accepted professional practices and procedures subject to SCAQMD's final approval
which SCAQMD will not unreasonably withhold. Any costs incurred due to the failure to meet the
foregoing standards,or otherwise defective services which require re-performance, as directed by
SCAQMD, shall be the responsibility of CONTRACTOR. CONTRACTOR's failure to achieve the
performance goals and objectives stated in Attachment 1- Statement of Work, is not a basis for
requesting re-performance unless work conducted by CONTRACTOR is deemed by SCAQMD to
l have failed the foregoing standards of performance.
F. CONTRACTOR shall require its subcontractors to abide by the requirements set forth in this
Contract.
4. TERM - The term of this Contract is for four (4) years from the date of execution by both parties,
unless further extended by amendment of this Contract In writing.
5. TERMINATION
A. In the event any party fails to comply with any term or condition of this Contract,or fails to provide
services in the manner agreed upon by the parties, including,but not limited to, the requirements
of Attachment 1 — Statement of Work, this failure shall constitute a breach of this Contract. The
non-breaching party shall notify the breaching party that it must cure this breach or provide written
notification of its intention to terminate this contract. Notification shall be provided in the manner
set forth in Clause 15, The non-breaching party reserves all rights under law and equity to
enforce this contract and recover damages.
B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon
thirty(30) days`written notice. Once such notice has been given,CONTRACTOR shall,except as
and to the extent or directed otherwise by SCAQMD, discontinue any Work being performed
under this Contract and cancel any of CONTRACTOR's orders for materials, facilities, and
supplies In connection with such Work, and shall use its best efforts to procure termination of
existing subcontracts upon terns satisfactory to SCAQMD. Thereafter, CONTRACTOR shall
perform only such services as may be necessary to preserve and protect any Work already in
progress and to dispose of any property as requested by SCAQMD.
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under Clause 5.B. Before expiration of the thirty (30) days' written ,
notice, CONTRACTOR shall promptly deliver to SCAQMD all copies of documents and other
Information and data prepared or developed by CONTRACTOR under this Contract with the `
exception of a record copy of such materials,which may be retained by CONTRACTOR.
6, STOP WORK — SCAQMD may, at any time, by written notice to CONTRACTOR, require
CONTRACTOR to stop all or any part of the work tasks in this Contract. A stop work order may be
issued for reasons including, but not limited to, the project exceeding the budget, out of scope work,
delay in project schedule,or misrepresentations. Upon receipt of the stop work order,CONTRACTOR
shall immediately take all necessary steps to comply with the order. CONTRACTOR shall resume the
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Contract No. 14037
AB 1318
work only upon receipt of written instructions from SCAQMD cancelling the stop work order.
CONTRACTOR agrees and understands that CONTRACTOR will not be paid for performing work
while the stop work order is in effect, unless SCAQMD agrees to do so in its written cancellation of the
stop work order.
7. 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
SCAQMD below. CONTRACTOR shall furnish certificate of self-Insurance to:South Coast Air Quality
Management District,Attn: Risk Management Office. The SCAQMD Contract Number shall be
Included on the face of'the certificate. If CONTRACTOR fails to maintain the required insurance
coverage, .SCAQMD 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.
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,
8. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its
officers, employees, agents, representatives, and successorsAnAnterest against any and all loss,
damage, costs, lawsuits, claims, demands, causes of action judgments, attorneys fees, or any other
expenses arising from or related to any third party claim against SCAQMD, its officers, employees,
agents,.representatives, or successors in interest that arise or result in whole or in part, from any
actual or alleged act or omission of CONTRACTOR, its employees, subcontractors, agents or
representatives in the performance of this Contract.
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9. ON-SITE INSPECTIONS AND AUDIT- SCAQMD, or its designee(s), shall have the right to conduct
on-site inspections of the project and to audit records related to this project during the term of the
Contract and for a.period of three years thereafter, unless SCAQMD notifies CONTRACTOR that a
longer period of record retention is necessary. Upon written request from SCAQMD, CONTRACTOR
shall provide detailed documentation of all expenses incurred on the project, at any time throughout
the records retention period. CONTRACTOR agrees to include a similar right for SCAQMD to conduct
on-site inspections and audits in any subcontract.
10. RECORDS AND RECORDS RETENTION — CONTRACTOR shall maintain records related to this
project and retain these records for at least three years beyond the Contract tern.
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AB 1318
11. REPORTING REQUIREMENTS-CONTRACTOR shall submit reports in accordance with Attachment
1, attached here and incorporated herein by reference. Non-compliance with the reporting
requirements of this Contract may result in the implementation of on-site monitoring by the SCAQMD.
12. PAYMENT
A. SCAQMD shall reimburse CONTRACTOR up to a total amount of One Million One Hundred
Seventy Five Thousand Two Hundred Twenty Five Dollars ($1,175,225) In accordance with
Attachment 2—Payment Schedule, expressly incorporated herein by this reference and made a
part hereof of this Contract.
B. in no event shall the reimbursement for the total of all project costs, including all subcontractor
costs, administrative costs, and other direct and Indirect costs,exceed One Million One Hundred
Seventy Five Thousand Two Hundred Twenty Five Dollars ($1,175,225). In addition, if the actual
costs are less than this amount, SCAQMD's total reimbursement commitment will be limited to
that of the actual documented costs of the project, unless CONTRACTOR provides,.at least 30
days prior to the termination date of this Contract, a request to expand the scrape of the project up
to the not-to-exceed reimbursement level. if the request is approved by the SCAQMD Executive
Officer or his designee, the parties shall enter into an amendment to this Contract. However, no
work within the expanded scope of the project shall be done prior to execution of the amendment.
C. Any funds not expended upon early contract termination or contract completion shall revert back
to the AS Mitigation Fees 1318 Fund. Payment of charges shall be made by SCAQMD to
CONTRACTOR within thirty(30)days after approval by SCAQMD of an itemized invoice prepared
and furnished by CONTRACTOR, referencing the task completed or a percent of work
accomplished and detailing line item expenditures as listed in Attachment 2- Payment'Schedule,
and the amount of charge claimed.
D. An invoice submitted to SCAQMD for payment must be prepared in duplicate, on company
letterhead,and list SCAQMD'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
Attw Michelle White,Technology Advancement
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E. SCAQMD's payment of invoices shall be subject to the following limitations and requirements:
1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and
other charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for
equipment, material, supplies, subcontractors, and other charges shall be made at actual
cost. Supporting documentation must be provided for all individual charges (with the
exception.of direct labor charges provided by CONTRACTOR).
2. CONTRACTOR'S failure to provide receipts shall be grounds for SCAQMD's non-
reimbursement of such charges. SCAQMD may reduce payments on invoices by those
charges for which receipts were not provided.
j F. SCAQMD shall pay CONTRACTOR for travel-related expenses only If such travel is expressly set
forth in Attachment 2 - Payment Schedule of this Contract or pre-authorized by SCAQMD in
I writing. CONTRACTOR must submit final invoice no later than ninety (90) days after the
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termination date of this Contract or invoice may not be paid.
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13. SECURITY INTEREST - CONTRACTOR hereby grants SCAQMD a security interest in any and all
Equipment, including vehicles purchased in whole or in part with funding provided by SCAQMD
pursuant to this Contract.CONTRACTOR acknowledges and agrees that SCAQMD 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 SCAQMD 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 SCAQMD
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 SCAQMD within 10
business days of such filing.
14. INTELLECTUAL PROPERTY RIGHTS - Title and full ownership rights to any documents, or reports
developed under this Contract shall at all times remain with SCAQMD. Such material is agreed to be
SCAQMD proprietary information.
A. Rights of Technical Data-SCAQMD shall have the unlimited right to use technical data, including
material designated as a trade secret, resulting from the performance of services by
CONTRACTOR under this Contract. CONTRACTOR shall have the right to use technical data for
its own benefit.
B. Copyright - CONTRACTOR agrees to grant SCAQMD a royalty-free, nonexclusive, irrevocable
license to produce,translate, publish,use,and dispose of all copydghtable material first produced
or composed in the performance of this Contract.
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. Notice shall be given by certified, express,or registered
mail,return receipt requested,or by electronic mail and shall be effective as of the date of receipt. For
notices given by electronic mail, the same notice shall be sent within five (5) days by certified,
express,or registered mail, return receipt requested.
SCAQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar,CA 917654178
IAttn:Patricia Kwon,vkwon@agmd.cov
CONTRACTOR: City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: David Barakian,Daye.Baradaniftalmserings-ca.aov
11i.. INDEPENDENT CONTRACTOR—CONTRACTOR is an independent contractor. CONTRACTOR, its
officers, employees, agents, representatives, or subcontractors shall in no sense be considered
employees or agents of SCAQMD, nor shall CONTRACTOR, its officers, employees, agents,
representatives,or subcontractors be entitled to or eligible to participate in any benefits, privileges,or
plans, given or extended by SCAQMD to its employees. SCAQMD will not supervise, direct, or have
control over, or be responsible for, CONTRACTOR's or subcontractor's means, methods, techniques,
work sequences or procedures or for the safety precautions and programs incident thereto,or for any
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AB 1318
I failure by them to comply with any local, state,or federal laws, or rules or regulations, including state
1111 minimum wage laws and OSHA requirements. CONTRACTOR shall promptly notify SCAQMD of any
material changes to subcontracts that affect the Contract's scope of work,deliverable schedule,and/or
paymenticost schedule.
17. USE OF SCAQMD NAME -CONTRACTOR shall not use any name, trade name, trademark, logo,or
other designation of the SCAQMD (including contraction, abbreviation or simulation) in advertising,
publicity, promotional, or any other activities or context without the express written consent of the
SCAQMD in each case.
18. MEDIA/PUBLICATION
A. The parties shall work cooperatively on any communications to the media, including press
statements and press conferences related to this Contract. The Parties agree that
announcements, news releases and other communication materials describing the project shall
acknowledge "The project was made possible by a grant from the South Coast Air Quality
Management District AB 1318 Mitigation Fees Fund to reduce or mitigate emissions within
Coachella Valley."
B. Information, data, documents, or reports developed by CONTRACTOR for SCAQMD, pursuant to
this Contract, shall be part of SCAQMD public record unless otherwise Indicated. Upon written
approval of SCAQMD, CONTRACTOR may use or publish, at its own expense, such information,
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data,documents,or reports provided to SCAQMD. The following acknowledgment of support and
disclaimer must appear in each publication of materials, whether copyrighted or not, based upon
or developed under this Contract.
"This report was.prepared as a result of work paid for, in whole or in part, by a
grant from the South Coast Air Quality Management District (SCAQMD). The
opinions, findings,conclusions,and recommendations are those of the author and
do not necessarily represent the views of SCAQMD. SCAQMD, its officers,.
employees, contractors, and subcontractors make no warranty, expressed or
implied, and assume no legal liability for the information in this report. SCAQMD
has not approved or disapproved this report, nor has SCAQMD passed upon the
accuracy or adequacy of the information contained herein.'
C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the
performance of this Contract of the restrictions contained herein and require compliance with the
above.
19. 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 or mental disabflity and shall comply with the
provisions of the California Fair Employment & Housing Act (Government Code Section 12900 at
I 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.
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 shalt be void upon inception.
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21. NON-EFFECT OF WAIVER The failure of CONTRACTOR or SCAM 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 is filed in connection with the enforcement or
interpretation of this Contract,each party shall bear its own attorneys'fees and costs.
23. FORCE MAJEURE-Neither SCAM 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 SCAM 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 hell 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
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resolution of any disputes under this Contrail shall be Los Angeles County, California.
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28. PRE-CONTRACT COSTS -Any costs 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, the SCAQMD shad not be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures
authorized by the Contract will be reimbursed in accordance with the cost schedule and payment
provision of the Contract.
29. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens
and others, and that its employees performing services hereunder meet the.citizenship or alien
status requirements contained in federal and state statutes and .regulations including, but not
limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall
obtain from all covered employees performing services .hereunder. all verification and other
1 documentation of employees'eligibfiity status required by federal statutes and regulations as they
currently exist and as they may be hereafter.amended. CONTRACTOR shall have a continuing
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Contract No.14037
AB 1318
obligation to verify and document the continuing employment authorization and authorized alien
status of employees performing services under this Contract to insure continued compliance with
all federal statutes and regulations. Notwithstanding the above, CONTRACTOR, in the
performance of this Contract, shall not discriminate against any person in violation of 8 USC
Section 1324b.
B. CONTRACTOR shall retain such documentation for all covered employees for the period
described by law. CONTRACTOR shaft indemnify, defend, and hold harmless SCAQMD, its
officers and employees from employer sanctions and other liability which may be assessed
against CONTRACTOR or SCAQMD, or both in connection with any alleged violation of federal
statutes or regulations pertaining to,the eligibility for employment of persons performing services
under this Contract.
30. PREVAILING WAGES —CONTRACTOR is alerted to the prevailing wage requirements of California
Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the
SCAQMD's headquarters, of which shall be made available to any interested party on request.
Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the
applicability of the provisions of.California Labor Code and complying with the same,including,without
limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing
rate of per diem wages and the general prevailing rate for holiday and overtime work, making the
same available to any interested party upon request, paying any applicable prevailing rates, posting
copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its
subcontractors, CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air
Quality Management District.against any and ail claims, demands, damages, defense costs or
liabilities based on failure to adhere to the above referenced statutes.
31. SUBCONTRACTOR APPROVAL — If CONTRACTOR intends to subcontract all or a portion of the
work under this Contract, then CONTRACTOR must first obtain written approval from SCAQMD's
i Executive Officer or designee prior to subcontracting any work. Any material changes to the
suboontract(s)that affect the scope of work, deliverable schedule, and/or payment1cost schedule shall
also require the prior written approval of the Executive Officer or designee. No subcontract charges
will be reimbursed unless the required approvals have been obtained from SCAQMD.
32. TAX IMPLICATIONS FROM RECEIPT OF AB 1318 FUNDS—CONTRACTOR is advised to consult a
tax attorney regarding potential tax implications from receipt of AB 1318 funds.
33. DISCLAIMER OF WARRANTY — The decision to participate in this project and to purchase
Equipment is CONTRACTOR's decision. SCAQMD does not make any express or Implied
i warranty of merchantability,fitness for a particular purpose or otherwise, quality or usefulness
of the technology or Equipment SCAQMD will not be financially responsible or otherwise liable for
the installation or performance of the Equipment.
34, ENTIRE CONTRACT-This Contract shall include Attachments 1, 2 and 3 hereto and represents the
entire agreement between the parties'hereto.related to CONTRACTOR providing services'to
SCAQMD and thene 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.
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IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duty executed on
their behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DI ICT CITY OF PALM SPRINGS
By By: �'�
B allereten,D.Env. wOveOFficer Name: David H. Ready
Title: City
Manager
Date: Date: QLc.
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APPROVED AS TO FORM: APPROVED BY CITY COUNCIL
KurtR.Wiese,General Counsel TO fDHM
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ATTACHMENT
STATEMENT OF WORK FOR
CITY OF PALM SPRINGS
Installation of Solar Photovoltaic Roof and Parking Canopy Systems
CONTRACTOR shall design, install, and commission multiple solar photovoltaic roof
mounted and parking canopy systems at four sites for the City of Palm Springs ("CPS")
("Project") located at the following ("Sites"):
(P1) Palm Springs Visitor Center, 2901 North Palm Canyon Drive, Palm Springs
(P2) Palm Springs Fire Station #3, 590 East Racquet Club, Palm Springs
(P3) Palm Springs Train Station, 63050 Palm Springs Station Road, Palm Springs
(P4) James O. Jessie Desert Highland Unity Center, 480 Tramview Road, Palm Springs
The preliminary design of the Project indicates there will be four solar system installations for
a total of 168.06 kilowatt-dc (kW-DC). There is an annual potential incentive pay back to
SCAQMD, pending available funds with the California Public Utilities Commission (CPUC)
California Solar Initiative (CSI) Rebate program.
CONTRACTOR shall furnish the labor, equipment, material, and services required to
complete all design, engineering, permitting, construction, testing, commissioning, and
interconnection of the Project as provided by the awarded bid layout and design drawings.
CPS may, upon SCAQMD approval pursuant to Clause 31 of this Contract, subcontract any
or all of the tasks outlined in this Statement of Work and.Payment Schedule for the
installation of solar roof mounted and parking canopy systems at the four sites.
CONTRACTOR agrees xo perform the following tasks:
Task 1 —Bid Advertisement and Award
1.1 CONTRACTOR shall follow the CPS's standard practice for bidding.and awarding a
municipal public works project. CONTRACTOR shall include this Statement of Work
(SOW) in the RFP and pass SOW provisions to the subcontractor selected. This
j process includes complying with California public work contract codes and
construction laws to compile bid packages, issue an RFP for design services, assess
construction bids and verify bonds, select the lowest cost bid,and award a contract.
CONTRACTOR shall deliver a copy of the RFP prior to its release to SCAQMD.
1.2 CONTRACTOR shall ensure that each Bid application shall list itemized costs of each
bid item for the overall construction of the Project. CONTRACTOR shall provide
SCAQMD with a copy of their recommendation, the Bid application to be awarded, a
summary of bids received, and a copy of all proposals. CONTRACTOR shall consult
with SCAQMD as needed during the proposal evaluation process.
1.3 CONTRACTOR shall deliver a copy of the fully executed construction contract
between CONTRACTOR and the selected bid award to SCAQMD.
1.4 SCAQMD shall, at its discretion, incorporate the awarded bid's layout, construction
schedule and/or costs into this Contract upon written notice to CONTRACTOR. Email
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notice is sufficient for this purpose. SCAQMD reserves the right to review and/or reject
any cost that fall outside the scope of this Contract.
Task 2—Py System
2.1 CONTRACTOR shall install the solar systems identified in the original proposal, dated
June 6, 2012, submitted in response to RFP #P2012-17. Solar system designs are to
be sized to historic electric use for each site. Finalized system components and
specifications shall be based on awarded bid. The solar systems to be installed are
described below for each Site:
Total System
Existing Usage: 252,760 kWh Annual (2011)
PV Module: Pending Proposal Selection
. ..............
Inverter: Pending Proposal Selection.
Inverter Efficiency: 95% or greater
P1 Canopy System 62,320 kWh (2611 Annual Usage)
t40-space parking lot
P2 Rooftop System 65,998 kWh (2011 Annual Usage)
6,254 square feet single story flat-roof
P3 Canopy System 39,122 kWh (2011 Annual Usage)
t40-space parking t6-oversized space parking
— P4. Rooftop System 85,320 kWh (2011 Annual Usage)
12,844 square feet complex
2.2 CONTRACTOR shall obtain SCAQMD written approval of any changes to the
modules, inverters or other components specified in the original proposal
2.3 CONTRACTOR shall use all new components (photovoltaic panels and inverters) and
these components must not have been previously placed in-service in any other
location or for any other application. Rebuilt, refurbished, or relocated equipment are
not approved under this Contract.
2.4 CONTRACTOR shall use photovoltaic equipment and components that are certified by
the California Energy Commission.,
2.5 CONTRACTOR shall use photovoltaic modules and inverters that are UL-certified,
and, at minimum, certified to IEC 61215 standard(for crystalline modules) and IEC
61646 standard (for thin film).
2.6 ' CONTRACTOR shall provide SCAQMD complete results of any tests conducted on
the proposed photovoltaic panels by an independent, certified photovoltaic testing
laboratory, including but not limited to PID tests, durability tests, temperature
sensitivity tests, comparison to other photovoltaic modules, etc.
2.7 CONTRACTOR shall comply with the CPUC CSI Rebate program guidelines for the
Project; including, but not limited to: 32-month minimum usage, design factors,
generation limits, energy audits, 10-year system warranty, net energy metering,grid
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interconnection, monitorin g, inspections, maintenance, participation in CPUC CSI
Rebate program, project milestones, etc.
Task 3— Design & Engineering
3.1 CONTRACTOR shall collect the necessary site information to complete the design and
engineering of each solar system.
3.2 CONTRACTOR shall develop detailed design drawings to provide a turnkey
installation of each solar system at the four separate sites. CONTRACTOR shall use
A licensed engineer to prepare the drawings.
3.3 CONTACTOR shall schedule a licensed structural engineer to perform the necessary
calculations and analysis to ensure the solar canopy and rooftop areas are capable of
handling each solar system.
3.4 CONTRACTOR shall ensure the design and engineering of the Project is compliant
with all applicable building and electrical codes.
3.5 CONTRACTOR shall develop a detailed schedule for engineering, acquisition of
components, construction, installation and periodic monitoring, and submit this
schedule to SCAQMD prior to construction.
Task 4—Permits/Approvals
4.1 CONTRACTOR shall obtain all necessary permits/approvals for each solar system at
the four separate site locations.
4.2 CONTRACTOR shall produce the necessary drawings and specifications to obtain
building permits from the City of Palm Springs: For each site, the drawing package
shall include a module layout diagram, module mounting system diagram, single-line
electrical diagram, specification sheets for the module, inverter, and mounting system;
and any other supporting documentation required to obtain the building permit.
4.3 CONTRACTOR shall provide SCAQMD with a copy of all permits/approvals for each
site prior to construction.
4.4 to the event such permission or a permit is not forthcoming, CONTRACTOR shall
design an alternative, but equivalent solar electric system at no additional cost to
SCAQMD. SCAQMD reserves the right to terminate or renegotiate SCAQMD's
participation in the project if the alternative systems are materially different from the
systems proposed in CONTRACTOR's original winning proposal or if the alternative
systems fail to receive the CSI rebate.
4.5 CONTRACTOR shall submit the required forms and documents to initiate the.
application process for the CSI rebate for each site location.
Task 5—Southern California Edison (SCE) Utility Interconnection
5.1 CONTRACTOR, with CPS's written approval, shall select the interconnection point for
back-feeding the power from each solar system to the building's electrical panel or
I sub-panel.
5.2 CONTRACTOR shall submit an interconnection and net metering application to SCE
utility for each solar system.
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5.3 CONTRACTOR shall acquire approval from the CPS as well as SCE for final
interconnection.
5.4 CONTRACTOR shall electrically integrate each solar system to the building and SCE
grid using the CPUC Rule 21 interconnection guidelines.
Task 6 —CPUC CSI Rebate Program
6.1 CONTRACTOR shall apply to the CPUC for a rebate under its CSI Rebate program for
each solar system installed and shall bear all costs, including the payment of any
application fees required to obtain the CSI rebate.
6.2 CONTRACTOR shall provide copies of completed application forms to SCAQMD's
Project Officer prior to submittal to SCE.
6.3 CONTRACTOR must provide SCAQMD's Project Officer with a copy of the Confirmed
Reservation Notice Letter issued by SCE, for each site location, prior to construction.
6.4 CONTRACTOR shall ensure that each solar system installed by the awarded bid is
purchased, installed and put into operation by the Reservation.Expiration Date
identified in the Confirmed Reservation Notice Letter.
6.5 CONTRACTOR disclaims any interest in rebates from the CSI Rebate program and
complies with all other requirements imposed by the CPUC for obtaining rebates under
the CSI Rebate program. CONTRACTOR shall ensure that all incentive payments are
paid directly to SCAQMD.
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Task 7— Installation
7.1 CONTRACTOR is entirely responsible for the turnkey design, engineering, purchase
of equipment, and installation of each solar system.
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7.2 CONTRACTOR shall install each solar system in accordance with the awarded bid.
All bid items shall be subject to costs listed in the awarded bid, and subject to the not
to exceed amount of this Contract. Changes to cost and scheduling are subject to
Clause 31 of this Contract.
7.3 CONTRACTOR shall install each solar system in accordance with all applicable
building and electrical codes, and safety standards.
7.4 CONTRACTOR shall acquire equipment based on the engineering specifications
developed and.approved under Task 3 and 4.
7.5 CONTRACTOR shall comply with all interconnection and metering requirements of
SCE. CONTRACTOR shall follow guidelines set forth by the CPUC CSI Rebate
program for solar system; monitoring, interconnection, warranties and maintenance.
7.6 CONTRACTOR shall secure all permits, install each solar system in accordance with
approved plans.and permits, submit the interconnection application to utility provider,
obtain final approval to interconnect each solar system to the power grid, secure final
sign off and commission the system upon receipt of utility interconnect authorization.
7.7 CONTRACTOR shall ensure that each meter and performance monitoring system
meets the requirements of the CPUC CSI Rebate program.
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7.8 CONTRACTOR shall provide SCAQMD with a copy of the final interconnection
agreement and authorization for each site.
7.9 CONTRACTOR shall provide SCAQMD full access to the Sites and shall, upon
request, escort SCAQMD to review on-site work in progress.
{ Task 8—System Start-Up
1 8.1 If any etluipment or component of the solar systems; including, but not limited to: the
solar panels, inverter, solar mounting system; is found to be defective before or during
start-up, CONTRACTOR is responsible for replacing the defective component(s) at no
cost to the SCAQMD.
8.2 CONTRACTOR shall arrange for inspections for permit purposes, interconnection and
any other approval needed prior to or during construction.
8.3 CONTRACTOR shall develop a manual(s)for operation, maintenance and training,
and provide these to each site's maintenance staff.
8.4 Within 20 days of startup and acceptance testing, CONTRACTOR shall provide
training to designated CPS employees in all aspects of routine operation, maintenance
and safety of the solar and monitoring systems.
8.5 CONTRACTOR shall deliver 3 sets of"As-Built' design and engineering drawings, for
each site, within three months of start up and acceptance testing, both in hard copy
and in electronic CAD format.
Task 9 -Performance Monitorina
! 9.1 CONTRACTOR shall ensure each solar system is metered in compliance with the
CPUC CSI Rebate program requirements.
9.2 CONTRACTOR shall install a performance monitoring system that will allow real-time
j monitoring for each solar system for the life of the Project. Monitoring systems shall
track the weather conditions (temperature, wind, irradiance, etc.) and measure the
kilowatts and kilowatt-hours by the hour, day, month and year. CONTRACTOR shall
ensure the data is displayed on a website interface and viewable on this website at
any time for the life of the project. SCAQMD shall have the ability to download the data
from the website at any time.
9.3 The Performance Monitoring and Reporting Service shall be.listed with the California
Energy Commission and meet the requirements of the CPUC CSI Rebate program.
9.4 CONTRACTOR shall provide validation criteria to assess the performance of the solar
systems, once installed. CONTRACTOR shag provide validation criteria for individual
panels, strings, combiner box outputs and the inverter. Such criteria shall be based on
manufacturer specifications, PV USA Test Conditions and shall account for module
j temperature and irradiance in order to allow the SCAQMD to make the most accurate
assessment possible regarding the health of each solar system including components
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and subsystems. The validation criteria shall be provided to the SCAQMD.
Task 10—Warranties
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All warranty periods shall start from the date CPS accepts each turnkey solar system.
10.1 CONTRACTOR shall provide a 10-year System warranty, to provide for no-cost repair
and replacement of the solar systems for any expenses not otherwise covered by the
manufacturer; including all labor and workmanship per the CSl guidelines.
10.2 CONTRACTOR shall provide a 25-year manufacturer warranty on the solar modules.
10.3 CONTRACTOR shall provide a 20-year manufacturer warranty on the inverter.
10.4 CONTRACTOR shall provide a 10-year warranty on any roof or building penetrations.
10.5 CONTRACTOR shall provide SCAQMD with a copy of the installation and product
(photovoltaic modules and inverter) warranties prior to installation. The warranties
shall protect the SCAQMD against defective workmanship, system or component
breakdown, and degradation in electrical output, of no more than 15%, from the
original rated electrical output of each system over the 10 year warranty period.
10.6 CONTRACTOR guarantees that the total PV output of each solar system over the first
10 years of operation will yield at least 1550 kWh per AC-kW installed, measured as 3
\ year averaging. This guarantee assumes that the CONTRACTOR will clean the
modules at least once every six months to prevent dust and debris from accumulating
on the modules. If after the 10-year period, the-energy production is less than the
guaranteed amount, CONTRACTOR will add a corresponding number of solar
modules at its own cost to make up for the differential. This guarantee period would
start.from the date CPS accepts each turnkey solar system. Bi-annual module
cleaning status shall be included in the Progress Update report for each site.
10.7 This contract has a survivability clause, wherein the tasks described in Task 10 will
survive the contract expiration date.
Task 11 —Service and Maintenance
11.1 CONTRACTOR shall be responsible for the service and maintenance of each turnkey
solar system installed under this Contract for the first 10 years of system operation.
11.2 CONTRACTOR shall perform periodic inspections of each solar system over.the 10
year period.to ensure that each solar system is operating according to specifications
and meeting the minimum electricity production specified for the first 10 years in
subtask 10.6. Periodic inspection results shall be included in the Progress.Update
{ Report for each Site.
11.3 CONTRACTOR shall provide SCAQMD with the following:
a) Manufacturer specifications for each solar system (photovoltaic modules and
inverter),
b) Manufacturer's recommended operation, maintenance and safety procedures,
;
and
c) Maintenance contact names and phone numbers.
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DELIVERABLES,
INCLUDING REPORTING & FORMATTING REQUIREMENTS
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In addition to the deliverables set forth in the above-referenced statement of work,
CONTRACTOR shall supply the following reports to the SCAQMD under this Contract for
each site location in a combined report. SCAQMD reserves the right to change the formatting
of annual or monthly reports at any time.
1. Monthly progress report due by the 10th day of each month following the reporting
period. CONTRACTOR shall email a progress report to SCAQMD's Project Officer,
Each progress report shall include, but not be limited to, the following:
a. Reference to SCAQMD contract number and title of project
b. Reporting time period (month, year)
j C. Executive Summary
d. Project Design Status (if applicable)
e. Monthly Pay Applications for the reporting period
f. Project and/or Contract Risk Assessment
g. Current Key Issues
h. Latent Conditions Register
I. Construction
• Issues
Key Activities
Contractual Status
• Schedule Updates
j. Turnover and Completion Status
k. Bi-annual cleaning and periodic system inspection
I, Progress Photographs
m. Comments by CPS's Project officer acknowledging the progress of the project
2. CONTRACTOR shall email draft final report for review, comment, and approval by
SCAQMD no later than after 2 years of operation. CONTRACTOR shall email the
draft final report to SCAQMD's Project Officer and SCAQMD's Contract Administrator-
technology Advancement. This document shall be considered in the public domain, in
conformance with the California Public.Records Act (Govemment-Code Section 6250
et seq.). Any trade secret information may be submitted to SCAQMD in a separate
report in which the trade secret information is specifically identified. SCAQMD agrees
to treat such trade secret information in accordance with its Public Records Act
guidelines relating to trade secret information. SCAQMD shall complete its review of
the draft final report within six to eight weeks of its receipt from CONTRACTOR. The
draft final report shall include information collected for each site location, but not be
limited to, the following:
a. Reference to SCAQMD contract number and title of project
b. Project background and objectives
C. Executive summary up to three pages in length to include a short, definitive
statement of the project; objective of the project, including emission control .
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objectives or goals and reference to SCAQMD Rules if applicable; subject of
the project including the technology demonstration site, participants, dates, etc.;
conclusions (potential emissions impact, cost implications, and other factors);
recommendations (design changes/optimization, other applications of the
technology, and commercialization paths); and acknowledgment of all project
sponsors.
d. Detailed description of the scope of work
e. Findings or results of each task
f. Detailed discussion on the performance of the solar panels, inverter and issues
related to the solar mount systems. Include operational data.
g. Summary of all system testing, diagnoses, and repairs
I. Color photographs in a digital format, such as .ppt, .tif, .jpg on a CD or sent
electronically, of the solar systems as installed.
j. Results- a discussion of the expected project results versus what was actually
achieved
k. Costs -a comparison and discussion of expected versus actual SCAQMD
contract costs
I. Problems -a discussion of significant problems encountered during the contract
and how they were resolved
M. Recommendations
3. CONTRACTOR shall email.final report, incorporating SCAQMD's comments, no later
than 3 months after the draft final report. This document shall be considered in the
public domain, in conformance with the California Public Records Act (Government
Code Section 6250 et seq.). Any trade secret information may be submitted to
SCAQMD in a separate report in which the trade secret information is specifically
identified. SCAQMD agrees to treat trade secret information in accordance with its
Public Records Act guidelines relating to trade secret information.
4. CONTRACTOR shall email a 2-page project synopsis, along with the final report.
Attachment 3 to this contract provides the format and content to be used for this
synopsis. SCAQMD reserves the right to change the formatting of annual or monthly
reports at any time. In addition to a hard copy, CONTRACTOR shall provide the
synopsis in an electronic version, using Microsoft WORD. All color photographs and
images shall be embedded within the synopsis AND provided separately in digital
format, such as .ppt, .tif.,or .jpg, on a CD or sent electronically.
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ATTACHMENT2
PAYMENT SCHEDULE FOR
CITY OF PALM SPRINGS
Installation of Solar Photovoltaic Roof and Parking Canopy Systems
The cost of the entire project is estimated to be $1,175,225. There is an annual potential
incentive pay back to SCAQMD, pending available funds with the CPUC CSI Rebate
program, as described in Tasks 2.7 and 6 of the Statement of Work.
CONTRACTOR shaft be reimbursed by SCAQMD upon submittal of an itemized invoice(s) for
the purchase, installation and operation of the solar systems and data monitoring systems.
The invoice(s) must be accompanied by the supporting documentation specified below, and
the monthly progress report(s) listed under"Deliverables".
The following information is required prior to SCAQMD's final payment for the Project:
• All documents identified in Task 4, including a copy of the building permit and final
inspection sign-off, and commissioning report;
• First monthly incentive payment under the C51 rebate program;
• An itemized invoice to SCAQMD, including a cost breakdown for all equipment,
materials, labor and sales tax; and
• Cover letter from CPS confirming the delivery, installation and start of operation of the
solar systems described in this Statement of Work. This letter, on CPS letterhead,
must be signed under penalty of perjury, by the CPS senior official, with authorization
to sign, affirming the above.
Maximum Not-to-Exceed Amount to Be.Reimbursed:
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Project Milestone Expected Completion SCAQMD Funding
Not To Exceed
Site P1
#1 - Permit Approved 10/25/2013 $14,304
1 #2 - Structural Pier Foundations
j Wor Rooftop mounting structure 11/25/2013 $14,304
#3 - Canopy Structural Steel Erected & PV
Modules Installed 1/12/2014 $199,280
#4 - Inverters Installed 2/8/2014 $42,481
#5 - SCE Interconnection Agreement 3/20/2014 $7,273
#6-Commissioning of solar system
& first CPUC CSI Rebate payment 6/15/2014 $7,273
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Subtotal—P1 $284,915
Site P2
#1 - Permit Approved 10/25/2013 $15,647
#2 - Structural Pier Foundations
&/or Rooftop mounting structure 11/25/2013 $16,647
#3 - Canopy Structural Steel Erected & PV
Modules Installed 1/12/2014 $218,002
#4 - Inverters Installed 2/8/2014 $46,472
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#5 - SCE Interconnection Agreement 3/20/2014 $7,956
#6 - Commissioning of solar system
&first CPUC CSI Rebate payment 6/15/2014 $7,956
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Subtotal—P2 $311,680
Site P3
#1 - Permit Approved 10/25/2013 $9,557
#2 - Structural Pier Foundations
&/or Rooftop mounting structure 11/25/2013 $9,557
#3 - Canopy Structural Steel Erected & PV
Modules Installed 1112/2014 $133,150
#4 - Inverters Installed 2/8/2014 $28,383
#5 - SCE Interconnection Agreement 3/2012014 $4,859
#6 - Commissioning of solar system
&first CPUC CSI Rebate payment 6/15/2014 $4,859
Subtotal—P3 $190,365
Site P4
#1 - Permit Approved 10/25/2013 $19,492
#2 - Structural Pier Foundations
&/or Rooftop mounting structure 11/25/2013 $19,492
#3 - Canopy Structural Steel Erected & PV
Modules Installed 1/12/2014 $271.569
#4 -Inverters Installed 208 014 $57,890
#5 - SCE Interconnection Agreement 3/20/2014 $9,911
#6 -Commissioning of solar system
&first CPUC CSI Rebate payment 6/.15/2014 $9,911
Subtotal—P4 $388,265
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TOTAL CONTRACT NOT TO EXCEED AMOUNT $1,175,225
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ATTACHMENT
Monthly Progress Report and 2-Page Project Synopsis Templates
AB1318 Mitigation Fees Fund Monthly Project Report
[Name of Project]
[Contractor], [Contract #]
a R [Month] [Year]
Summary of Project Status (brief paragraph)
■ Progress towards specific tasks and/or deliverables
Deviations from plan
■ Technical specifications of panels and inverters,_warranties on parts and
system,O&M of the installations (provide info or update as needed]
• Major issues and Solutions
• Funds Expended either from AB1318 fund or in kind funds by task and/or.
deliverables
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r Proposed Performance or Emission Reduction Reductions including solar
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power generation(kWh per year), emission reductions for carbon dioxide,
methane,and NO,, annual savings in electricity costs,job creation impacts
j [provide info or update as needed]
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ATTACHMENT
Monthly Progress Report and 2-Page Project Synopsis Templates
. SCAQMD Contract# Date of Publication(as month year)
Project Title
the development/testing/delivery of hardware(if
Contractor applicable). if the project was terminated or
Prime contractor and significant subcontractors. ended prematurely you still need to file this report.
Regardless of how it ended,per SB 199 you must
describe any unanticipated problems that were
Cosponsors encountered during the project,and how they were
List cosponsors from highest (or were not)resolved. If"fatal"problems were
contributor to lowest, encountered,this section will be the heart of the
report,since it would be unlikely that major
Project Officer benefits or emissions reductions were realized in a
SCAQMD project manager name. terminated project.
Picture oftechnology that has been supported
Background with SCAQMD/Technology Advancement
This section is a brief introduction describing the cosponsorship, if applicable. The picture,
need for the technology and/or clean fuel,as preferably a photograph,should clearly illustrate
defined by rules and regulations/mandates of the technology. The size of the image should be
SCAQMD,ARB,EPA,DOE,etc. If applicable, about 3x3 ro frt this two column format. The
describe other relevant factors,such as economic picture of the technology should be positioned on
issues,energy savings,etc. the fronrpage
Project Objective Results
This section should briefly describe the project This section summarizes all available emissions
objectives as originally stated in the Board(or results and key performance characteristics.
EO)letter. If the objective evolved significantly Performance is meant in the broadest terms,
as applicable)emissions
during the contracting procedure,it should be including( pp ) ,energy
noted how and why.
efficiency,operation
ion and maintenance
requirements,overall environmental impacts,and
performance tradeoffs. The primary emphasis of
Technology Description this section is the presentation of project data.
This section describes the general principles of performance results should be summarized using
operation and emissions control approach of the clear,graphical depictions whenever possible:
technology and/or clean fuel involved in the
project. Graph or table summarizing key performance
characteristics. Graphs are preferred over tables
If applicable,discuss how the principle of
operation differs from other,currently available when possible. Graphical data presented should
equipment. This includes describing what the show the most representative data ofthe
e
I project&(technology's performance. One graph
"advancement"actually is over currently available
would be preferred, but rto more than two data
technologies.
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presentations in this document.
Status Measured performance is to be compared with the
objectives/goals set for the project. Comparisons
This section describes the status or progress of the should focus on targeted emissions reductions
project. If the project was completed,provide the and/or other key performance goals(e.g.range for
date of completion and note that the final report is electric vehicles).
on file with complete technical details of the
project. Describe major project events,such as
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There should also be a brief discussion of primary market,and if there is another market
performance tradeoffs. That is,did achieving one segment or application that could use the
performance characteristic goal,such as technology. Discussion of the commercial status
emissions,compromise another performance of the technology should address questions such
characteristic,such as efficiency. as! (1)how close to a commercial product is it;
j (2)what work remains to bring it to market;(3)
Benefits . when could it be made commercially available and
competitive;and(4)what barriers remain before
This section crystallizes the above-noted the technology can be commercialized.
performance characteristics into project benefits,
e.g.,reduced emissions,increased efficiency,
reduced global warming,gases,or other
environmental benefits. The potential emissions
inventory impact of this technology applied in the
South Coast Air Basin must be estimated based on
performance results of this project and some
i estimate of market penetration(concisely state
assumptions).-
It clearly describes how those actual benefits
compare with the benefits that were anticipated at
the project's start. Be as detailed as passible,
including discussion of overall environmental
impacts and benefits. Address the question of
whether the technology may reduce an air
pollutant while improving(or worsening)
problems with water pollution,solid waste,global
warming,toxic emissions,etc.
Project Costs
This brief section describes the actual costs of the
program(SCAQMD's funding contribution as
well as the overall cost sharing)and how they
compare with the originally projected costs of the
project as stated in the Board(or BO)letter. Cost
j information can be presented graphically,in a
table,or in paragraph form. This section does not
address cost effectiveness or cost of
commercialization,
Commercialization and Applications
This section describes the anticipated or potential`
applications of the demonstrated technology
J and/or clean fuel. If applicable,discuss follow on
projects to further improve the technology. If
available or applicable,discuss expected costs of
control and cost-effectiveness in the context of,
currently available technologies. Cost data should
be noted as estimates or projections,especially
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since TA projects are often"first of a kind."
Prospects for commercialization should include a
discussion of the potential size of the target or
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