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HomeMy WebLinkAbout04825 - AQMD SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CV PARTICULATE MATTER REDUCTION PROGRAM SMOG PM10 AB2766 DMV FEE POLLUTION Pa.-e 1 of 1 Kathie Hart From: Carrie Rovney Sent: April 10, 2009 4:55 PM To: Kathie Hart Subject: RE: A4825 South Coast Air Quality Management Dist- Implementing Ab2766 Funds Air Pollution Reduction Projects S44,529 YES you may close This was for purchase of CNG Vehicle and to stabilize the parking lot at DeMuth Park. Carrie x8160 From: Kathie Hart Sent: Friday, April 10, 2009 2:38 PM To: carrie.rovney@palmsprings-ca.gov Cc: Jay Thompson Subject: A4825 South Coast Air Quality Management Dist- Implementing Ab2766 Funds Air Pollution Reduction Projects $44,529 This agreement expired on 2007. May T ask you for it's status? OK to close?????????? Thx! V44i Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E- Tahquitz Canyon Way Palm Springs,CA 92262 T" (760) 323-8206 1 iEl) (760) 322-8332 E Kothie.Hart@Palm5pringsCA.gov 04/14/09 Contract No. MS03026C 1 South Coast Modification Air Quality Management District South Coast Air Quality Control District(SC AQMD) Amendment C - A4825 This modification consists of 3 pages. City Manager approved 05-31-06 1. RECITALS -- --A. The South Coast Air Quality Management District (hereinafter "AQMD") and the City of Palm Springs (hereinafter "CONTRACTOR") have previously executed a Contract No. MS03026 for the purchase of one pickup truck, paving road shoulders and stabilizing a parking lot; and modified by Contract No. MS03026A and Contract No. MS03026B to extend the term of Contract. B. CONTRACTOR is requesting and the MSRC approves of an extension to term of Contract to complete the shoulder paving project. CONTRACTOR is waiting to receive authorization from Caltrans to proceed with construction. Therefore, a modification to this Contract is necessary to extend the date by which performance must be completed. 2. MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to AQMD, as follows: A. The term of this Contract is extended for an additional period commencing June 12, 2006 and terminating March 11, 2007. B. Attachment 1C - Statement of Work, attached hereto and included herein by this reference, supersedes the original Statement of Work. C. All other provisions of the above-referenced Contract shall remain in full force and effect. SOUTH COAST AIR QUALITY M1ANAGEM I DISTRICCT ClZX OF PALM SPRINGS Barry R.Wallerstein.P Env., Executive Officer Name: Af Vto /f, W2 Title: Gii r ��An/fIG° ;Q �J Date: t � �l L Date: /"/Q y t I APPROVED AS TO FORM: Kurt R.Wiese,District Counsel 1 � By: - / (/ o //Modification 15 December 2004 1 Attachment 1 C - Statement of Work City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026C Project Description CONTRACTOR will purchase one pickup truck for use in dust control inspection and oversight activities, pave roadway shoulders and stabilize an existing dirt parking lot for the purpose of reducing emissions of particulate matter (PM,o). Statement of Work CONTRACTOR shall complete the following tasks as specified below and in Attachment 3, Supporting Documents - Site Map: A. Purchase one CNG pickup truck for use in dust control inspection and oversight activities. B. Pave, including construction of six inch high asphalt berms, the existing dirt roadway shoulders on Avenida Caballeros (from Arenas Road to Tahquitz Canyon Way) in the City of Palm Springs. C. Chemically stabilize the existing dirt parking lot at De Muth Park, east of the Youth Center in Palm Springs (minimum 60,000 square feet). A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. CONTRACTOR shall be reimbursed according to the costs stated in Attachment 2 - Cost Schedule. Project Schedule (based on date of Contract execution) Tusk Start Completion Order Pickup Truck Month 12 Month 13 Take Delivery and Place Pickup Truck in Month 13 Month 16 Service Shoulder paving and parking lot stabilization Site Design & En ineerin Month 7 Month 11 Construction Month 4719 Month 2-535 Interim Report Month 17 Month 17 Final Report Month 2636 Month 2-737 Hardware: One CNG pickup truck. Attachment 1C — Statement of Work City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026C Reports Interim Report: A concise interim report shall be submitted at the approximate halfway point in the overall project schedule. At a minimum, the interim report should address the following topics: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. An interim report that does not comply wily be returned to the CONTRACTOR as inadequate. Final Report: A Final Report shall be submitted by the CONTRACTOR in the format provided by AQMD staff. Report shall include, at a minimum: a) an executive summary; and b) a detailed discussion of the results and conclusions of this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future PMJ0 mitigation projects. In the event the CONTRACTOR files for bankruptcy or becomes insolvent or discontinues this project, the following items revert to the AQMD for disposition into the AB 2766 Discretionary Fund account: none 2 oouu a (,oast Air Uuality Management District (AQMD) Amendment B AGREEMENT #4825 MO 7439, 2-14-04 Attachment 1 B — Statement of Work City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026B Project Description CONTRACTOR will purchase one pickup truck for use in dust control inspection and oversight activities, pave roadway shoulders and stabilize an existing dirt parking lot for the purpose of reducing emissions of particulate matter (PM,o). Statement of Work CONTRACTOR shall complete the following tasks as specified below and in Attachment 3, Supporting Documents — Site Map: A. Purchase one CNG pickup truck for use in dust control inspection and oversight activities. B. Pave, including construction of six inch high asphalt berms, the existing dirt roadway shoulders on Avenida Caballeros (from Arenas Road to Tahquitz Canyon Way) in the City of Palm Springs. C. Chemically stabilize the existing dirt parking lot at De Muth Park, east of the Youth Center in Palm Springs (minimum 60,000 square feet). A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. CONTRACTOR shall be reimbursed according to the costs stated in Attachment 2 — Cost Schedule. Project Schedule (based on date of Contract execution) Task Start Completion Order Pickup Truck Month 12 Month 13 Take Delivery and Place Pickup Truck in Month 13 Month 16 Service Shoulder paving and parking lot stabilization Site Design & Engineering Month 7 Month 11 Construction Month @17 Month -1-525 Interim Report Month 1417 Month a 1-17 (Final Report Month 4626 Month 4-727 Hardware: One CNG pickup truck. Contract No. MS03026B South Coast Modification LM Air Quality Management District This modification consists of 2. pages. 1. RECITALS A. The South Coast Air Quality Management District (hereinafter "AQMD") and the City of Palm Springs (hereinafter "CONTRACTOR") have previously executed a Contract No. MS03026 for the purchase of one pickup truck, paving road shoulders and stabilizing a parking lot; and modified by Contract No. MS03026A to extend the term of Contract. B. CONTRACTOR needs additional time to complete the project due to delays in receiving authorization to proceed on the CMAQ PM-10 Phase 5 Projects. Therefore, a modification to this Contract is necessary to extend the date by which performance must be completed. 2, MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to AQMD, as follows: A. The term of this Contract is extended for an additional period commencing June 12, 2005 and terminating June 11, 2006. B. Attachment 1B - Statement of Work, attached hereto and included herein by this reference, supersedes the original Statement of Work. C. All other provisions of the above-referenced Contract shall remain in full force and effect. SOUTH COAST AIR QUALITY MANAGEME T DISTRICT CITYLM SPRINGS By: /Ln Bar R.Wallerstein, D, n xecutive Officer Name: Title: ly _;7 Date: 2_ �J � ✓ IC6 Date: Jusre 2r �9000 APPROVED AS TO FORM: APPROVED BY CITY COUNCIL Kurt R.Wiese, District Counsel By: //Modification 15 December 2004 1 �yF�I.a�S� ,�14�ie.����,,; .ri�y.,-e e . , � �.' L dad F�. 'Sq' . dk MSRC e°Fp 44'7 Reduction Review�rColmmittee M�Poutioni��F9/y�/UCH June 22, 2005 George F. Farago Associate Civil Engineer City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Farago: Please find enclosed one copy of Amendment `B" to contract#MS03026 for your files. Please call me if you have any questions regarding this amendment. Sincerely, Matthew Mackenzie MSRC Contracts Administration (909) 396-2164 Encl 21865 East Copley Drive, Diamond Bar, California 91765 909/396-2479 or 396-3043 _ fax 909/396-3682 City of Palm Springs Public Works and Engineering Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Phone: (760) 323-8253 Fax: (760) 322-8360 Memo Date : July 19, 2005 To : Kathie Hart, Chief Deputy City Clerk From : George F. Farago, Associate Civil Engineer Subject : MSRC Contract #MS03026 We are sending you a copy of the executed Amendment "B" to Mobil Source Air Pollution Contract #MS03026 for your file . If you have questions please call me at ext . 8743 . South Coast Contract No. Mso Modification Air Quality Management District South Coast Air Quality Management District (AQMD) Amendment "A" AGREEMENT#4825 MODIFICATION TO CONTRACT CM signed 11-16-04 This modification consists of 2 pages. 1. RECITALS A. The South Coast Air Quality Management District (hereinafter "AQMD") and the City of Palm Springs (hereinafter "CONTRACTOR") have previously executed a Contract No. MS03026 for the purchase of one pickup truck, paving road shoulders and stabilizing a parking lot. B. CONTRACTOR needs additional time to complete the project due to unforeseen delays in receiving authorization to proceed on the CMAQ PM-10 Phase 5 Projects. Therefore, a modification to this Contract is necessary to extend the date by which performance must be completed. 2. MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to AQMD, as follows: A. The term of this Contract is extended for an additional period commencing December 12, 2004 and terminating June 11, 2005. B. All other provisions of the above-referenced Contract shall remain in full force and effect. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF PALM SPRINGS By: By: B, r;-R.N/allerstei D.E v„ xecutive Officer ,Javian+y• Aeez I I r Mana9 Date: \ 1 I Date: APPROVED AS TO FORM: Barbara Bairdkunsel BY: I 'o ific 7January2003 1 Attachment 1A— Statement of Work City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026A Project Description CONTRACTOR will purchase one pickup truck for use in dust control inspection and oversight activities, pave roadway shoulders and stabilize an existing dirt parking lot for the purpose of reducing emissions of particulate matter (PM10). Statement of Work CONTRACTOR shall complete the following tasks as specified below and in Attachment 3, Supporting Documents — Site Map: A. Purchase one CNG pickup truck for use in dust control inspection and oversight activities. B. Pave, including construction of six inch high asphalt berms, the existing dirt roadway shoulders on Avenida Caballeros (from Arenas Road to Tahquitz Canyon Way) in the City of Palm Springs. C. Chemically stabilize the existing dirt parking lot at De Muth Park, east of the Youth Center in Palm Springs (minimum 60,000 square feet). A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. CONTRACTOR shall be reimbursed according to the costs stated in Attachment 2 — Cost Schedule. Project Schedule (based on date of Contract execution) Task Start Completion Order Pickup Truck Month 512 Month 713 Take Delivery and Place Pickup Truck in Month 713 Month 4-016 Service Shoulder paving and parking lot stabilization Site Design & Engineering Month 47 Month 411 Construction Month 39 Month 915 Interim Report Month 511 Month 511 Final Report Month 4016 Month 4417 Hardware: One CNG pickup truck. Contract No. M803026 I % South Coast AirQuality Management District AQMD Q v t`; CV Particulate Matter Reductior AGREEMENT #4825 MO7439, 2-4-04 COACHELLA VALLEY PARTICULATE MATTER REDUCTION PROS n„ ,. . . F 1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and the City of Palm Springs (hereinafter referred to as "CONTRACTOR") whose address is 3200 East Tahquitz Canyon Way, Palm Springs, California 92262. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State). AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act. B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD. C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR 's Coachella Valley Particulate Matter Reduction Program Application dated December 6, 2002. 3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. W12,omw Contract No. MS03026 5. REPORTING A. PROGRESS REPORTS - A concise Interim Report will be submitted at the approximate halfway point in the overall project schedule. The Interim Report should include the following topics, at a minimum: a) tasks completed; b) issues or problems encountered; c) resolutions implemented; and d) progress to date. Any modifications, whether already implemented or planned, to the project description/statement of work, project costs, or project schedule, should be highlighted in the Interim Report. B. FINAL REPORT - CONTRACTOR shall provide AQMD with a comprehensive final report prior to the end of the Contract term. The final report shall be subject to review by the MSRC and approval by AQMD. One letter-size paper copy and one electronic version in Microsoft Word format shall be provided to AQMD. The final report shall be complete and include illustrations and graphs, as appropriate, to document the work performed and the results thereof under this Contract. 6. TERM - The term of this Contract is for ten (10) months from the date of execution by both parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD prior to the termination date. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up to an additional six months at no additional cost. Term extensions greater than six months must be reviewed and approved by the MSRC. 7. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause 13 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 8. EARLY TERMINATION — This Contract may be terminated early if the vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized, and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. 9. INSURANCE - Prior to the start of this Contract, CONTRACTOR shall furnish evidence of workers' compensation insurance in accordance with California statutory requirements and liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions 2 007/-3 Contract No. MS03026 thereof. AQMD shall be named as an additional insured on such liability policy and thirty (30) days written notice of modification of any such insurance shall be given by CONTRACTOR to AQMD. Such modification is subject to preapproval by AQMD. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 10. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 11. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Forty-Four Thousand Five Hundred Twenty Nine Dollars ($44,529) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 Attn: Cynthia Ravenstein, MSRC Contract Administrator C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachment 1 is completed and proof of completion is provided to AQMD. If the project described in Attachment 1 is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a Final Report detailing the project goals and accomplishments. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the project described in Attachments 1, 2, and 3 of this Contract. F. If, at the completion of the Project described in Attachment 1, the actual amount of AB 2766 Funds utilized in performance of the project is less than the amount described in Attachment 2, the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 100% of the actual AB 2766 Fund amount expended for the project. 12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. 3 7fiV Contract No. MS03026 B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by- case basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 13. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: Cynthia Ravenstein, MSRC Contract Administrator CONTRACTOR: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: George F. Farago 14. EMPLOYEES OF CONTRACTOR A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain workers'compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. 4 "7 �57 Contract No. MS03026 D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 15. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, of seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in each such subcontract language similar to this clause. 16. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the prior written consent of the other, and any attempt by either party to do so shall be void upon inception. 17, NON-EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 18. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 19. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 20. 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. 21. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 7/<P 5 Contract No, MS03026 22. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 23. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 24. PRECONTRACT 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, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 25. 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 AQMD'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 all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 26. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures. Requests to expend funds above the Contract value stated in Clause 11A must be approved prior to the expenditure of additional funds. CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 27. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. ww7447 Contract No. MS03026 IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF PALM SPRINGS By: off/�` � -41 , �/�/ L ��i '%' ^�• e s D .William A.Burke,Chai mr an Governing Board 13 Date: �C U C� Date: k, ATTEST: AIQiy6 oVw ICY THE CI'^PY rL'WHaL Saundra McDaniel,Clerk of the Board r� B���9 APPROVED AS TO FORM: Barbara Baird,District Counsel ,,- p APPROVED AS TO FORM By: I V 0° VL L CRY Atwrnw l/MSRCCoachellaValleyPMRedProgram pate 21 1E 23Apri12003 Im 7 Attachment 1 — Statement of Work City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026 Project Description CONTRACTOR will purchase one pickup truck for use in dust control inspection and oversight activities, pave roadway shoulders and stabilize an existing dirt parking lot for the purpose of reducing emissions of particulate matter (PMIO). Statement of Work CONTRACTOR shall complete the following tasks as specified below and in Attachment 3, Supporting Documents — Site Map: A. Purchase one CNG pickup truck for use in dust control inspection and oversight activities. B. Pave, including construction of six inch high asphalt berms, the existing dirt roadway shoulders on Avenida Caballeros (from Arenas Road to Tahquitz Canyon Way) in the City of Palm Springs. C. Chemically stabilize the existing dirt parking lot at De Muth Park, east of the Youth Center in Palm Springs (minimum 60,000 square feet). A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. CONTRACTOR shall be reimbursed according to the costs stated in Attachment 2 — Cost Schedule. Project Schedule (based on date of Contract execution) Task Start Completion Order Pickup Truck Month 6 Month 7 Take Delivery and Place Pickup Truck in Month 7 Month 10 Service Shoulder paving and parking lot stabilization Site Design & Engineering Month 1 Month 4 Construction Month 3 Month 9 Interim Report Month 5 Month 5 Final Report I Month 10 Month 11 Hardware: One CNG pickup truck. Attachment 1 — Statement of Work City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026 Reports Interim Report: A concise interim report shall be submitted at the approximate halfway point in the overall project schedule. At a minimum, the interim report should address the following topics: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. An interim report that does not comply will be returned to the CONTRACTOR as inadequate. Final Report: A Final Report shall be submitted by the CONTRACTOR in the format provided by AQMD staff. Report shall include, at a minimum: a) an executive summary; and b) a detailed discussion of the results and , conclusions of this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future PM10 mitigation projects. In the event the CONTRACTOR files for bankruptcy or becomes insolvent or discontinues this project, the following items revert to the AQMD for disposition into the AB 2766 Discretionary Fund account: none 07 NO 2 Attachment 2 — Cost Schedule City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026 Cost Breakdown MSRC CMAQ Other Purchase Category Costs Funds Funds Total Cost Applied Purchase CNG pickup $16,750.00 $0 $16,750.00 $33,500.00 truck Shoulder Paving Site design & $573.00 $4,427.00 $5,000.00 engineering Construction $6,587.00 $50,838.00 $57,425.00 Administrative & $869.00 $6,706.00 $7,575.00 inspection Parking Lot Stabilization Site design & $1,500.00 $1,500.00 $3,000.00 engineering Construction $16,000.00 $16,000.00 $32,000.00 Administrative & $2,250.00 $2,250.00 $4,500.00 inspection Total $44,529.00 $61,971.00 $36,500.00 $143,000.00 CONTRACTOR shall be reimbursed according to the amounts stated above upon submission of: A. Proof of vehicle delivery, vehicle acceptance, and placement of vehicle into service; and B. Verification that shoulder paving and parking lot stabilization are complete. At a minimum, acceptable verification shall consist of: • report(s) signed by a responsible official certifying that the paving and stabilization have been completed as described in Attachment 1 — Statement of Work, and specifying the dates and locations on which these activities occurred; and • invoice(s) from the subcontractor(s): o performing the paving; and o performing the stabilization; or • if CONTRACTOR's employees will be performing the paving, receipts for purchase of the materials 7/ 3 Attachment 3 — Supporting Documentation City of Palm Springs Hereinafter Referred to as CONTRACTOR Contract Number MS03026 The supporting documents attached hereto as Attachment 3, represent obligations of the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or obligations by the AQMD or granting any rights to third parties against the AQMD. 1. Certificate of Insurance 2. Site Map 4 SAN RAFAEL ROAD �y1p' 1 O PALM SPRINGS curvmr cwe .o w FRANCIS DRIVE 10 pP'e�n� 9C� VERONA MCTO an ROAD VISITORp �2� o PARK RACQUET CLUB ROAD ¢ wPBRMAnBN CENTER Z °P a N z o � 1 < w 'S OL o U VISTA CHINO ROaD 111 10 < '¢ 0 z 3 > w ¢ � J o w °ssERr HOSPITAL z � TACHEVAH ROAD O1 a OF PALM S A� RU1H MARCr PARK TAMARISK ROAD I� Z GD U Do ALEJO ROAD 111 cqC I FORN�P AMADO ROAD ctt"ALL O o c°rvVENnBN p CENTER � w TAHQUITZ CANYON WAY o J LR ARENAc PAW SPRINGS ] Q U w LR BARISTO ROAD PROJECT PALM SPRINGS o w PAIN sPRlNcs pULICE BEPi PALM SPRINGS LOCATION lO °"s°"GGL 10 aIVERsmE ccunTr REGIONAL AIRPORT RAwm ROAD Ic°umHcusE WARM SANDS � � Y m SUNNY DUNES ROAD oQ SUNNY DUNES ROAD 0a w o¢ ow o'o MESQUITE AVE. u` w CENTER MESQUITE AVE. 0@IUTH w PARK TEN0 8CI soNORA ROAD At PROJECT a PALM SPRINcs =a LOCATION 20 CULRSE PALM SPRINGS COIF CLUB HOUSE J0 NR oP4 CgNyON pR�MP o r z u, 5U Z J > 6 a 0 0 o MGKEREE PROJECT LOCATIONS: STABLES (1 AVENIDA CABALLEROS (FROM ARENAS RD. TO NOT TO SCALE TAHQUITZ CANYON WAY) CANYON 5°Uni Q� CCBNTRY CLUB O2 DEMUTH PARK PARKING LOT (EAST OF THE P HURRAY YOUTH CENTER) BOGERT SITE MAP 7 A13 TRAIL ACANTO DRIVE CITY OF PALM SPRINGS, CALIFORNIA llate. 1/29/2004 Time: 9:50 AM TO : G 91 (7E0) 322-8323 Page: 001-002 _ DATE IMMODIYYYY} ACORD,. CERTIFICATE ATE F LIABILITY INSURANCEOW29/2004 PRODUCER (909)793-7.373 FAX(909)798-{298 7fT----T--HIIS,CERTIFICATEIS I.S'KIED AS A MATTER OF INFORMATION Davis 6 Graeber Insurance Services, Inc. wI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 470 E. Highland Ave. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 40 '— Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIC4 INSURED City o PaTDI S,arini7c ^ INSURB7 k The Inns Co Of the State of PA 32DO E TifiIIIRit,rn; II•ISUREFR . Palm Springs, Ck 92263-2743 ImSURIRc. _._...............__._,m._._._._.._._._.,.__,....=._ _--._.-- .�_,..._..� ,..... INSURQt E.___.._-- COVERAGES THE POLICIES OF INSURANCE LISTED Er.I_CW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DCiCLn1 ENT WITH RESPECT TO WHICH TH.S CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED SF'THE P.UGIEES DESC721FIED HEREIN IS SUBJECT TO ALL THE TERMS,E:.GLU&)N 3 AND CONDITIONS OF SUCFI POLICIES.AGGREGATE LIhIITS:iiIOWP:114F.Y'HAVE BEEN IRe'DL4;ED SY°NJI�CLA!MIS. I.Ng DD' PJLIOII FFF_CTIVIE POLIDYISY.FIRAPCaI -----_ TYPE OF INSURANCE POLICY h'JMBER ^A [1Flil<(n�VbfDGf-'YJ IDnrcv LIMITS GENERAL LIABILITY EACH OCCURRENCE $ — COMMERCIAL GENERAL LIABLIT'( DHMAGETORENTED S ^_— MSS( ODCP.L_ CLAIMS MADE 0OCOUR MED EXP(AnyVY onene OP ocrson) S PEP.BOPIAL&ADV INJURY $ __....�...._,.�,_..,..........._ GEI,IERALP.�_GRFGA.TF__._.. .____._.._.�.. GEN'L P.CGREG,4TE LIII{R F.PI1 1ES PEd PRODUCTS.Col4PInP ACG POLICY J RT 110C .._._...._._ —�..._.�.._..e._.._, —.___ AUTOMOBILE LIABILITY �. �. COMBINED SINGLE LIMIT ANY AUTG � (En accident) ALL OWNED HGTCB j BO(�ILYIDIJUR-----_ y------_-_-- SC4IEDULED?V1GG III{II BOPIL INJ HIREDAU-C!i BOLILYINJURY ,11 NON-WAIIEU AWGIS (Poi aooidanL) PR PERT(DAMAGE m (Pe:atcidanry GARAGELIABILIT'r ' AU'O ONLY-EA ACCIDENT I ANVAUX OTFERTHAR EA ACC $ AU'O GNLr AGG S EXCESSIUMGRELuALIALF_BV ^ 11� �.�.._,p......,...,I ralT^ p,�E,Jj)'^Lli;'Q'I,I,/20'ID;' 07/01/21004 EACHOCCURRENCE �- 9 10,000,iDIDO X OCCUR 1-ICLAIMSYALE AGGREGATE � 8 10,D010,000 A --, DEDUCTIBLE X RE"IEMION_S 300,0110' WORKERS COIdPENSATIDN APIO Vb'C STATTU- Imo' DTH- WORKE SCa4f`ENNA/ �'.•T_.T•�^•.^ �ISIEY:MLI ITSS_�R ANYPROPRIETORR'ARTNER'G)TCIITI'VEi EL EACLIACCIDi_C! 3 OFFICERIMFLABER D.CUJDED't E L DISEASE,EA FMPLOYFE $ UM,desadbe undo, 1 IS PROVISIONS b.11,1 a_ I .._. _ E.L DISEASE-POLICY LIMB DESCRI FOP ONZ, LGI PROVISIONS e: CVP14RP - co:alclleL Ite MO,t1,el Ide¢oletion Program dditional insured incTulxud per policy CUPID, .as rypired by contract *Special Excesy Liability for Public: Suitities, covering Auto, General Liability, Law Enforceimant fi'n ublic Official Liability 10 Day Notice of Cancellation for non payment of premium CERTIFICATE HOLD I,,_..... _..—..___._.—......._..._.,,. _,....—�._._._. .,_,..,. .._.,I IIG.... ... ............__..._......A..,. .,._.�...,.._._._._,_..,.M__...... ifl :ANC �,..,.�....__...,�.._..se.......,.......�.._....�......�._,,.I; EE.PJI,111OAP SHOVLD AIJY(IF TH(t49DIIi S'D�7HEIEJPDLCIFS GF_CFlNCELLcO BEFIDRFaHF_ EXPIRATION DATE THEREOF THE ISSIJING INSURER WILL ENDEAVOR TO MAIL. South Coast Air Quality Mana'[pemeal: Pistricl 30,DAYS INRI rTEN NOTICE TO THE CERTIHOATEHOLDERNAPEED TOTHELEFT, MSRC Contract Administrator BUT FAILURE TO MAIL SUCH AIOTICF.SHdLL IASPOSEIIQOBLIGATICNQRI.IABILITY 21865 Ecst CGpley Drive OFAN✓+(IIIII IJPONTf{EINSURER ITSA EIJTS Uii REPRESEN1A1I11ES. ^ Diamond F':[r, CA 93.765 AUTHORIZzUREPRESENTATIV= ACORD 25(2001108) (DACORD CORPORATION 1988 1. .t. , li/9i c004 TIMe: 9:50 AM TO : 91(7E0) 322-8323 Page: 002-002 NPORTANT If the certificate holder is an ADDITIONAL INSJRED, the policy(Jes) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WANED, subject to the terms-and conditions of the policy, certain policies may require an endorsement A statement on this certificate does rot confer rights to the certificate holder in feu or such endorsoment(s). DISCLAIMER The Certifica,e of Insurance on the reverse s de,or this form does not constitute a contract between thee issuing ir�surer(s). authcu;7 ed Fsore*entative or producer, and the certlfiosre fielder, nor doe.:K affirmatively or negatively amend, extend or alter thr overage afforded by the oolicies listed thereon. ACDRD25(200,I/08) m�._._._._.......___....�.m._..�.._.,..........._..._._,..�........,�,�._.�._...._._..�.�_..,_........�._._.,...�.....,.�...��._.__....._. uace: 112012004 Time: 10:02 f-,M To ; R 91(730) 322-8323 _ Wage: 001-002 BCORQ� CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER (909)793-2373 FAX (909)798-6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis A Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 470 E. Highland Ave. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER Tli_COVERAGE AFFORDED BY THE POLICIES BELON, I P.O. Box 40 . Redlands, .�..__., Redlands, CA 92.�73 INSURERS AF=ORCING COVERAGE NAIC# INSURED Clty a INSURERA Nat] Union Fire Ins Co of PA 3200 E. TahHNita INSDRE—S '— ---'_� Palm Springs, CA 92263-2743 INSURERc�`��_•�`_._._�_.--_._......._..a.�._,. ._._ u•IsuRER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AI30VE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERIM CR CONDI T;ON OF ANY CONTRACT OP.OTHER DOCUMENT WITH RESPECT YO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD' TYPF_CF INSURAN_C_E POLICY NUM BER, PCLICY=FFECI ME Fq.ICY I:l'FIRATIOPI Dhil'S GENERAL LIABILITY _ --_•� EALH OCCURRENCET S COMMERUAL6ENERAL LIARILFY OAI,ACETORF_IITu*p- P13FWSE$JD s" ur3s" {— CLAIMS MADE p lGCOIR N1EU EIP(Any anc oelscn) $ I PERSONAL&AD"INJURY S .__.._._M.- GENERALAGCREGATE S GFN'LAGGRE_CATE LIIWF&T'LIESPER: PRC.DUCTS ONP;OPAGG __— PoTICY AUTOMCBILF:.UAMI.II Y me COI SINGLE LIME' S ANY AV i C (Ea acrr 0 ALL OWNED AUTOS BpLJLYINJUP.1` SCHEDULED AV LCS II (Pe'peracn) HIREiDAU105 i T BCLILV IPI,IVRY 3 NON-0ViIVEGAUTO. (Per amitlenP PRIYPER11 DAMACE _.�..............._....._.,..__ _�.. ..._...__... (Pe.aaitlerlU_�... .___._�_. GARAGE LIABILITY j A'FOCIJL) E ACCIDENT $ API1'ALT0 OTFrER iH4N ^.EA ACC SI AUT O OrIC'' AGO EXCESSAIMBRELLN LIABILITY ^- -^ �. — _.._ EN H OCCURRENCE R ^_ OCCUR CLAT7S MPDC AGGREGATE 5 •- --_„ DEDUMIELE REIENTIPN 9 ¢ �_ .�__. WORKERS CoWEINSATIONANO j 3757J.4Z Q7 Ql Aye QID3 Q7 Ql 2C'G'4 X I wG STATU- OTH- EMPLOYERS'LIABILIIY t , / J YLIM TS R A ANYPROPRIEIOR i'LR?IER•EX-CUTI'iE E.LEACHACCIDENi 5 _1,OI)0.00 OFFICER(MEMBER bCCI UOEDI E L DISEASE.EA.EMPL OYEE % 1,000,000 M yec,describe under SPECIAL PROb151014S balr.��✓TA. a EL DIBEA�E-PIX.ICV IIMIr 3 J��OQn,IA,}I(fQ OTHER -� t r DESCRIPTION OFOPERATIIXV^'LOCATIONSIVEHCLESIEXGLUSiONSACBEOBY0400iSrP4ENTISPECIALPRC49SIU?AIR e: Operations of tyre lbamrJ .TLmaulrelrd - CVFM.RP Retention: $,1,000,0A00 Rac.9e Ac:cideNt% 31,V00,009 Each Erplayee For Dimease orkers Compensation L-.Imit of Liala'ili'tlr:$Cl!S,R1474t,BCIf.I IE.ich Arciclent('b25,QOQ,000 Each Einplah'rue roar DiseaSle 10 Day Notice of Cancella'rcion for naui payment of premium CERTIFICATE HOLDER �. .�~ CANCELLA_TION��_�_�_���__•�_ HOUL D ANR OF TIDE AEPVE OGSGHIEEU PULIUIES BE CANCELLED BEFURE 1'HE EXPIRATION DATE LHF.RECF,T!iB hSSUI'IG INSUREF.IMLL ErJDEAYOR iO MFNI. South] Coast Air Quallty Managepi,4it Oivr:ri rl *30 DAVS IVRIIIEN NO"I9ETO THECERTIFICATE iOLDEFI NAMED TOTRB LEFT, MSRC Contract ),Wministrator EUT r-tNLORB TC ryIAIL SVCIi NDiICE eH VLL IMPGSE PIO OBLIGATION OP,Lb1BILIT'r 21865 Ea.St. Copley Drive CF ANYKINO UPON I'HE INSURER,ITS AGENTS OR REPRESENTATIVES ^� Diamond Bar, CA 91763 AUTHORIZED REPRESENTATIVE ,f'f _ Ross lanes ARLR ACORD 25(2001/08) __....._._._,,._.... _....._,....".._._ ..,_, ._.._.A_.,.......,...,�.,._...._�._._,— ©ACORD CORPORATION 135& llate: 1/z. /2004 Time: 10: 02 .AM To : R 5.1 (760) 322-6323 Page: 002-002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be-ndorsea P,statement on this: certificate does nat confer riphta to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I)IS 1.AlMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insorer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD25(2001lOA) CONTRACT ABSTRACT �j- Contract Company Name: South Coast Air Quality Management District (AQMD) Company Contact: Matt Mackenzie Summary of Services: MSRC Discretionary Fund Contract Price: $44,529.00 Funding Source: MSRC Contract Tenn: 1 I months Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian Contract Approvals Council/Co",.,,unit .nede, ',...weiit February 4, 2004 Agene3f Approval Date: Minute Order/Resolution Number: 7439�-----, Agreement Number: /M, 033026 \ Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: - MSRC \\� Mobile Source Air Pollution Reduction Review Committee March 4, 2004 George F. Farago U Associate Civil Engineer `` ?ry'i? City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Farago: Enclosed is a fully executed AB 2766 Discretionary Fund contract for your records. The contract number is MS03026. Please include your contract number on ALL correspondence sent to the AQMD when referencing this project. Please address all correspondence to: Mr. Matt Mackenzie/AB 2766 South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 (909) 396-2164 Fax (909) 396-3682 Included in this letter you will find copies of the MSRC's policies and procedures for progress reporting and contract modifications, samples of progress reports and invoices you will be submitting during the contract term, and a copy of the final report format. Please read this information carefully and keep it in your contract file for future reference. Progress Reports Progress reports should contain all pertinent inforniation related to contract performance during the specified period. Informative progress reports are critical as they are used to evaluate the overall performance tinder the contract. MSRC staff also uses them as a tool for determining if any MSRC action needs to be taken due to problems or delays. If for some reason you need to extend the tern of your contract or change the scope of the project, it is very important that you record this in your progress reports and notify us immediately. Do not change your project/contract without prior approval of the MSRC. Please refer to the Statement of Work in your contract to determine if your reporting frequency is monthly or quarterly. Quarterly reports are used for contracts with a long lead-time, for example, buying vehicles or the conversion of vehicles. This basically covers the Alternative Fuels categories, which includes Public Transit Fleets, School Bus Fleets, and Fleet Acquisitions. Monthly reporting is typically used for TCM and all other 21865 East Copley Drive, Diamond Bar, California 91765 ❑ 909/396-2479 or 396-3043 1 fax 909/396-3682 City of Palm Springs 2 categories. Exceptions to the monthly reporting rule may be considered if contract milestones are not triggered for a long length of time. Note: All heavy-duty contracts include a supplemental requirement for Aimual Reports. Please refer to the Schedule of Deliverables for further details. This reporting requirement is in addition to the Monthly/Quarterly and Final Reports and extends beyond the expiration date of the contract. All vehicle purchase and fueling station contracts include the requirement to apply MSRC decals to MSRC-fimded vehicles and/or fueling stations. A decal order form is attached for this purpose. It is your responsibility to order the appropriate number and type of decals when your vehicles arrive. A spreadsheet is used by Contracts staff to track the timely submission of progress reports. This spreadsheet is submitted to the MSRC-TAC and the MSRC for their review on a monthly basis. Be aware that failure to provide the required documentation of progress will delay the payment of any invoices that are submitted on the contract and can result in termination of your contract. You will find the "Policy to Terminate Contracts Due to Lack of Progress/Response by Contractors" and a sample progress report in Attachment A. Please refer to the Contract for reporting guidelines. Contract Modifications Any requests for contract modifications must be submitted to the AB 2766 Contract Administration staff in writing. Requests must be submitted by the first Monday of the month or at least ten days prior to the monthly MSRC-TAC meeting (typically held on the second Thursday of each month). The procedure for presenting your request to the MSRC for approval and the processing of subsequent paperwork takes approximately six to eight weeks to complete. Upon receipt, your request will be presented to a subcommittee for evaluation. The subcommmittee will present its recommendation to the MSRC-TAC, and the TAC will make a recommendation to the MSRC. The MSRC will grant final approval or disapproval of the request. Any contract changes made without prior approval of the MSRC will be at the contractor's own risk. If the MSRC does not approve the change, the contractor will not be reimbursed for any costs incurred as a result of the unapproved change. The "Policy for Contract Modifications" is included as Attachment B. Invoicing Funds are dispersed on a reimbursement basis. Supporting documentation of individual charges in excess of $250 is required for all AB 2766 expenditures. Co-fimding expenditures are also tracked. You must document any co-funding expended for the billing period when invoicing for AB 2766 funds. You must also expend your co- funding in a manner that is proportionate with your expenditure of MSRC funds. If you cannot provide supporting documentation for co-funding you may send a statement certifying that the funds were spent as stated on the invoice and that proof of this expenditure can be produced if audited. This statement must be signed by someone who can authorize funding commitments. City of Palm Springs 3 Attachment C provides you with the MSRC Standard Invoice which must be used by all contractors. It is also available in electronic format and will be emailed to you upon request. Note that it does not preclude the need for documentation showing hourly rates, receipts, etc., when necessary. Refer to your contract for specific guidelines. The AQMD'S payment of invoices shall be subject to the following limitations and requirements: • LABOR - Costs invoiced to AQMD must be listed by rate, number of hours, and professional category and must be in conformance with those set forth in Attachment 3 - Cost Schedule. • EQUIPMENT, MATERIAL, SUPPLY COSTS, SUBCONTRACTORS AND OTHER CHARGES - Costs must be itemized by CONTRACTOR. Supporting documentation must be provided for all individual charges. CONTRACTOR'S failure to provide receipts shall be grounds for AQMD'S nonpayment of such charges. AQMD may reduce payinents on invoices by those charges for which receipts were not provided. Final Reports Per the contract, a comprehensive final report shall be provided to the MSRC prior to the end of the contract term. The final report shall be subject to review and approval. The final report shall be complete, on letter-size paper and in electronic Microsoft Word format, and include illustrations and graphs, as appropriate, to document the work performed and the results thereof under this contract. The final report will also contain, in detail, the reduction of mobile source air pollution emissions resulting from the project's implementation. Please submit your report in a sturdy binder, as it will be placed in the AQMD's library for use as reference material. The final report format can be found in Attachment D. I hope this letter answers most of your questions. Please feel free to call me at (909) 396-3269 to discuss any problems or concerns you may have. Sincerely, ince r el y,,, 9 Cynthia Ravenstein MSRC Contracts Administrator Enclosures: Executed Contract Policy to Terminate Contracts Progress Report Template Policy on Contract Modification MSRC Standard Invoice MSRC Final Report Format MSRC Decal Order Form -� MSRC `4- Mobile Source Air Pollution Reduction Review Committee POLICY ON CONTRACT MODIFICATIONS SCOPE CHANGES, EXTENSIONS, AND COST REALLOCATIONS 1. Contract extensions or scope changes may be requested on AB 2766 Discretionary Fund contracts. Contractors should submit requests in writing, using the Modification Request Form, to the Contract Administrator's office. Reasons for the request should be well documented by the Contractor. The Contract Administrator will present the requests to both the MSRC-TAC and the MSRC for consideration and approval. 2. Contract extensions and scope changes must be submitted by 9.a.m. on the first Monday of the month to be considered by the MSRC-TAC and MSRC for that month. Requests received after the first Monday of the month will be considered at the following month's MSRC-TAC and MSRC meetings. Late extension requests for contracts expiring prior to the following months MSRC-TAC meeting, must include a discussion of the compelling reasons for the untimely submission of the request. Such requests will be considered on a case-by-case basis by the MSRC - TAC. 3. Extension requests and scope changes will be considered by the MSRC-TAC and MSRC on a case-by-case basis. An option clause shall be included in all contracts that will allow MSRC staff the ability to extend a contract an additional six months at no cost to the MSRC or the contractor. All subsequent extensions will be brought to the MSRC for its consideration. If a contract extension or scope change is for the contractor's convenience, the MSRC shall have the discretion to request a downward adjustment in the contract price, an additional task, an additional report or seek other legal consideration as a condition of granting the extension or scope change. Situations defined as convenience are problems or delays caused by internal management or administration, for example, failure to submit progress reports or final reports in a timely manner, failure to aggressively monitor the project, and extensions merely to exhaust unexpended funds. A delay due to problems with the delivery or manufacturhlg of equipment or vehicles and circumstances beyond the control of the contractors will not be considered as changes for the contractor's convenience. Documentation of delays will be required. The MSRC shall have the discretion to seek legal consideration for extension or requests granted under these circumstances. 21865 East Copley Drive, Diamond Bar, California 91765 ,a 909/396-2479 or 396-3043 U fax 909/396-3682 4. Any contract changes made without prior approval of the MSRC will be at the contractor's own risk. If the MSRC does not approve the change, the contractor will not be reimbursed for any costs incurred as a result of the unapproved change. 5. The contractor is responsible for properly monitoring the project and should notify the Contract Administrator immediately if the Contractor feels the project is in jeopardy of falling behind schedule or problems arise. 6. Requests for extensions must be received in writing by the Contract Administrator 60 days prior to the close of the contract. The approval process for contract extensions and scope changes takes approximately six weeks. If a request is made within 60 days of the end date of the contract, the contract may expire prior to review and approval of the request. If this situation occurs, the contractor must stop work until the time extension is approved. In the event the extension is not approved the contractor must consider the end date of the contract term and may not bill for work done after this date. Adop[ed May 25, 1995 Amended November 18, 1999 (a:s c:p olicyzevised9 9.do c) 2 MSRC Mobile Source Air Pollution Reduction Review Committee Attachment A Policy to Terminate Contracts Due to Lack of Progress or Response by Contractors The intent of this policy is to discourage Contractors from failing to provide documentation of progress made on AB 2766 Discretionary Fund projects. It is the intent of the MSRC to ensure that work is completed pursuant to the work statement set forth in the respective contracts. hi the event that progress is not made without adequate justification by the Contractor and subsequent approval by the MSRC, the MSRC may recommend that the contract be tenninated and funds be reallocated to other projects. MSRC contracts require all contractors to submit progress reports within 15 days of the end of the reporting period (quarterly or monthly based upon the type of project). Under this policy failure to submit progress reports within the allotted time may be considered a material breach and subject the contract to termination. If the Contractor fails to subm t progress reports as required by the contract, the following Shall occur: If after seven (7) days past the progress report due date, the Contractor fails to submit progress reports as required by the contract Contracts Staff will notify the Contractor in writing of the delinquency and request that the progress report be submitted within seven (7) days of the written notice. For Monthly Reports: If the CONTRACTOR fails to submit a progress report for the second consecutive month, the Contracts Administrator shall send a second written notice indicating that two previous progress reports are due and that they must be submitted within 15 days. If the CONTRACTOR fails to provide a report for a third consecutive month, the AQMD's Contracts Manager shall provide written notice to the CONTRACTOR to cure the delinquency within 15 days of the notice or be subject to termination within 30 days. For Quarterly Reports: If the CONTRACTOR fails to submit a progress report, the Contracts Administrator shall send a written notice indicating that the progress report is due and that it must be submitted within 15 days. If the Contractor does not respond within the allotted time, the AQMD's Contracts Manager shall provide written notice to the CONTRACTOR to cure the delinquency within 15 days of the notice or be subject to termination within 30 days. Also, if the CONTRACTOR has a history of non-consecutive (three or more occasions) delinquent progress reports this may be considered a material breach of the contract and be grounds for hmnediate termination of the contract. For example, if progress reports are submitted in such an inconsistent and sporadic fashion as to indicate a lack of compliance with this contract provision (e.g., progress report submitted one month, skipping several months thereafter). In addition, if a contract is terminated as a result of this policy, the direct contractor involved will not be eligible to apply for AB 2766 Discretionary Funds for two program years. Adopted 3/23/94 Amended 11/18/99 Attachment A Quarterly (or monthly) Progress Report For Reporting Period of Contract No. AB 2766/XXX.XX (Contractor's Name) Contract Period - March 15, 2001 through June 30, 2005 Task 1 Vehicle Procurement/Design and Engineering A bus bid specification was prepared detailing vehicle design and performance parameters, as well as technical quality assurance, and warranty requirements. Percent Completed this Reporting Period: 0% Percent Complete 100% Task 2 Bid Process An Invitation for Bid (IFB)package was issued to perspective bus manufacturers of alternative fuel buses. (Contractor) reviewed and evaluated all Requests for Approved Equals submitted by each bus manufacturer. Bid opening was May 30, 2001. Percent Completed this Reporting Period: 0% Percent Complete 100% Task 3 Pre-Production Meetings Pre-Production Meetings began in June of 2001, and were completed in August of 2001. Construction of the prototype bus has begun. Percent Completed this Reporting Period: 0% Percent Complete 100% Attachment A Task 4 Protype Bus Production Contractor had in place an inspection team consisting of one Warranty and Equipment Mechanic and one Supervisor as required by the production process. The pre-production prototype bus was completed in October, 2001. Percent Completed this Reporting Period: 0% Percent Complete 100% Task 5 Bus Production Contractor has in place an onsite manufacturing inspection team which monitors production quality and conformance to bus specifications. Once the production buses are completed and presented for acceptance, the inspection team will approve documents to allow for purchase and payment of buses. Percent Completed this Reporting Period: 25% Percent Complete 25% Task 6 Service Preparation Contractor has established a bus acceptance team to prepare new buses for service. Each new bus is safety checked, cleaned, and function tested prior to being placed into revenue service. Percent Completed this Reporting Period: 13% Percent Complete 13% Task 7 Vehicle Performance Evaluation New buses are assigned to designated service operating divisions for introduction into Contractors fleet. Perfonmance of vehicles is monitored and warranty provisions of the contract are administered. This process is on-going throughout the life of the bus and has no completion date. The following percentages indicate buses presently in revenue service. While a number of new buses have been placed in service, any performance evaluation at this Attachment A point would be premature. The buses, however,have not exhibited arty evidence of major problems or concerns. Percent Completed this Reporting Period: 2% Percent Complete 2% Issues During Current Reporting Period: 1. Engine performance issues related to stalling have been addressed by the manufacturer. The result has been a new engine electronic control module (ECM) software release. In addition, testing is underway on a prototype fuel pressure regulator. 2. Congestion at the fueling site was resolved by the addition and subsequent agreement for use of a new fueling site adjacent to the central terminal. Work Planned for Next Reporting Period: 1. Operational Evaluation of the in-service fleet will begin. 2. Contractor will continue to work with bus manufacturer and the engine manufacturer to resolve any performance, reliability, or preventive maintenance issues that may arise. 3. Contractor will also continue to work with the bus manufacturer to resolve various issues related to the in-service fleet. 4. Engineering staff will continue with the full-time inspection and acceptance process at the production facility. For additional information or questions, please contact: iti s ZI 6tL+ iIVVU i.A Pg_of Contract No. AB 2766 Invoice No. Please Attach All Required Documentation Contractor Name For Period of Task/Sub-Task MSRC Allocated Amount MSRC Expense This Period MSRC Cumulative Co-Funding This Period' Co-Funding Cumulative TOTALS $0.00 $0.00 $o.ao $0.00 $o.00 *Co-funding mustbe expended proportionately with MSRC funds. In lieu of submitting supporting co-funding documentation with invoice, CONTRACTOR certifies that co-funding required by contract was expended in direct support of tasks invoiced. Documentation to support this statement will be made available to District staff of the AB 2766 independent auditor upon request. Signature Letter of Certification This letter certifies that (entity) has received the vehicles that have been partially funded through the above-mentioned AD2766 Discretionary Fund Contract and those vehicles have been tested and placed into regular service. Further, (entity) agrees that it will comply with the terms of the Contract, and specifically, the vehicles provided shall accrue at least 85% of their annual mileage or engine hours of operation within the geographical bounds of the South Coast Air Quality Management District (SCAQMD). Additionally, vehicles replaced under this contract shall either be scrapped or removed from service within SCAQMD. Signature Date Please submit with all invoices for vehicle reimbursement. lV1Oblle SDL!!"CE Attachment D / Air Pollution Reduction Review Committee Final Report Format for AR 2766 Discretionary Fund Contracts Each page of the report must be legible and suitable for photo reproduction. Use single or one and one-half spacing. Do not double or triple space. All pages shall be of standard size (8112 x 11). The title page should be numbered consecutively. Photo redaction is not acceptable for tables or figures, these should be presented on consecutive 8ia x 11 pages with each page containing one portion of the larger chart. Color presentations are acceptable, printing should be in black. Do not include corporate identification on any page of the Final Report, except on the title page. The Final Report and anyApvendices must be bound in a three (?) ring binder. Format details are as follows: Title Page - Include contract number, project title, contractor organisation, and date, and include the statement: "Prepared for the Mobile Source Air Pollution Review Committee (MSRC) under theAB 2766 Discretionary Fund Work Program. Abstract- The abstract shall indicate the purpose and scope of the work undertaken, the work performed, results obtained, and conclusions. The abstract mast provide a short discussion of the emissions benefits (with numerical benefits) of this contract compared to the benefits contemplated in the proposal. The purpose of the abstract is to provide the reader with useful information and with a means of determining whether the complete document should be included for study. A brief statement should indicate whether this project has developed or retained jobs. Because of the subsequent processing of abstracts for bibliographic purposes, avoid usage of non-English or special characters and inferior or superior figures (subscripts, formulas, etc.). The length of the abstract should be about 200 words. Ac!cnowled;ernents - Only this section shall contain acknowledgments of key personnel and organizations who were associated with the project. The last paragraph shall be as folloivs: "This report was submitted in fulfillment ofAB 2766/ (contract number) and(project title) by (contractor organization) under the (partial) sponsorship of the Mobile Source Air Pollution Reduction Review Committee (MSRC). Work was completed as of(date) 21865 East Copley Drive Diamond Bar California 91765 909/396-2479 or 396-3043 fax 909/396-36t32 Disclaimer- The following statement is to appear near the front of the report: "The statement and conclusions in this report are those of the contractor and not necessarily those of'the Mobile Source Air Pollution Review Committee (MSRC) or the South Coast Air Quality Management District (,iCAQMD). The mention of commercial products, their sources or their uses in connection with material reported herein is not to be construed as either an actual or implied endorsement of such products." Table of Contests List Figarres - This is an optional item where there are fewer than five illustrations. List o Tables - This is an optional item where there are fewer than five tables. S'ui+nmaty and Conclusi ns - This is an important part of the report. It is one of the sections that will he read most frequently. This section should begin with the statement of what was done and why, and how it was done. Major results of the study should then be presented using clear, concise statements. A discussion must be included describing the emissions benefits derived from this contract. This jnust include quantitative benefits not simply a qualitative statement that benefits were achieved. Recommendations - Ilse clear, concise statements to state recommended future actions and,further study that may be required. Borly���ort a) Scope, purpose and background of the project, description of the various phases of the project, theoretical approach to the solution of the problem and the limitations to the work. b) Design, construction, operations or evaluation phase or experimental phase, materials, equipment, instrumentation and methodology, including data and results. c) Diseussion - Detailed description and analysis ojF the work performed during the course of the project that led to the conclusions. Identify innovations or development of new technigzres or processes. Include a discussion of how this project providedjob development or retention and whether products leading from this project will create new jobs. Where, appropriate, include a discussion of cost projections and economic analyses. cl) Emissions Renem - Detailed description of the benefits proposed compared with the benefits achieved by this project. This section must be quantified to include pollutants reduced, trips reduced, etc., so that the reader may determine the air quality benef is of this project. 2 Procedures - Explain/describe the experimental procedure used to conduct the project. Discuss successes and failures. The purpose of this section is to allow a subsequent project to benefit from both your successes and failures. References - Use consistent references which are jell citations to work referenced throughout the report and references to closely related work, background material, and publications which offer additional information on aspects of the work. An option of the author is to list these at the end of the chapter with citation, or list together in a separate section following the body of the report. List of Inventions Reported and Published- If any inventions have been reported, or any publications or pending publications have been produced as a result of the project, list the titles, authors, journals or magazines, dates of publication and identifying numbers which will assist in locating such information in this section. Glossary of Ternzs�thb,evictions and Svmbols - When more than,five of these items are used in the text of the report, prepare a listing of all with explanations and definitions. Every abbreviation and symbol will always be defined on its first appearance in the report with a parenthesized symbol. The total count of employed symbols and abbreviations in the report text does not consider entries in tables or callouts and legends in figures which should be self-contained Measurements in the reports will be expressed in metric units; however, for the convenience of engineers and other scientists accustomed to using the British System of units, the values may be given in British units as well in parentheses after the value in metric units. The expression of measurements by both systems is especially encouraged for engineering reports. Appendices - Related or additional material too bulky or detailed to include within the discussion portion of the report shall be placed in appendices. The appendices shall be made a part of the report, with consecutive page numbers, If the cppendices are too large for inclusions in the report, they shall be collated, and bound, as a separate document with separate page,numbers. The CONTRACTOR shall determine how appendices are to be included in the Final Report. If a -report has more than one appendix, each is to be designated with a capital letter and page numbers are still continuations of the body of the report, r l;Fmo/f.rn�ry llfmi,mJA/13/9N1 3 nnsRc DECAL ORDER FORM Mobile Source—Air Pollution Reduction Review Committee The MSRC is proud of the partnership we have with the Clean Air Community. We believe that anyone contributing to the cause of clean air should be just as proud. If you would like to advertise your efforts toward cleaning the air we breath by placing an MSRC "Clean Air" decal on one or more of your alternative fuel vehicles, please complete and submit this request to: Mobile Source Air Pollution Reduction Review Committee c/o South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Please indicate the following: Number of decals with black lettering (for placement on light colors) Number of decals with white lettering (for placement on dark colors) Note: All decals are 6"x 8" and come with a clear background. Mail decals to: Name: Organization: Street Address: City/State/Zip: MSRC cannot accept responsibility for damage to paint or other vehicle surfaces arising from application or removal of these decals. Mobile Source Air Pollution,..�.,,., DECAL ORDER FORM Reduction Review Committee The MSRC is proud of the partnership we have with the Clean Air Community. We believe that anyone contributing to the cause of clean air should be just as proud. If you would like to advertise your efforts toward cleaning the air we breath by placing an MSRC "Clean Air" decal on one or more of your alternative fuel vehicles, please complete and submit this request to: Mobile Source Air Pollution Reduction Review Committee c/o South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Please indicate the following: Number of decals with black lettering (for placement on light colors) Number of decals with white lettering (for placement on dark colors) Note: All decals are 6"x 8" and come with a clear background. Mail decals to: Name: Organization: Street Address: City/State/Zip: MSRC cannot accept responsibility for damage to paint or other vehicle surfaces arising from application or removal of these decals.