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HomeMy WebLinkAboutC32520 - Citys Electric Charging Stn Upgrade Contract No. C32520 CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: Approve Grant Agreement with ClipperCreek, Inc. for Upgrade of the City's Electric Charging Station and Authorize that MSRG Grant Funding be re-directed to implement a Community Program to Install Electric Charging Stations/Units SUBMITTED BY: Frankie Riddle, Director of Special Programs APPLICANT: City of Palm Desert ClipperCreek, Inc. 6416 Corsini Place Rancho Palos Verdes, CA 90275 Phone: (310) 832-7171 DATE: January 24, 2013 CONTENT: Agreement Recommendation By Minute Motion, 1. Approve Agreement with ClipperCreek, Inc.; 2. Authorize the Mayor to enter into an Agreement with ClipperCreek, Inc.; 3. Authorize the installation of electric charging units at the Parkview Building; and 4. Authorize staff to utilize MSRC Grant funds to implement a Community Electric Charging Station Program at commercial locations within the City. Discussion City staff was approached by Patricia Kwon of South Coast Air Quality Management District (SCAQMD) and Len Fein, Southwestern Region Distributor of ClipperCreek to discuss the installation of electric charging units at the Parkview Building for Supervisor John Benoit. During the meeting, it was noted that the City's Electric Charging Station could be upgraded with ClipperCreek Level 2 CS Series Electric Vehicle Supply Equipment (EVSE) Charging Units through the Reconnect California Grant Program offered through the California Energy Commission, Department of Energy (DOE). However, since this grant program is in its final stages, there is only a very short window of opportunity for the City to participate. The Agreement must be submitted and approved by ClipperCreek and the DOE by February 15, 2013. As a result, the Agreement is being submitted to City Council and the other two agencies concurrently. If approved by all agencies, the project would then need to be completed by March 15, 2013. The installation of the electric charging units at the Parkview Building is not part of this project. SCAQMD has $20,000 that will be utilized to undertake the installation of these units. The City may have to expend AB2766 funds to complete this project. However, there is approximately $258,000 available within this account and is being proposed to be utilized as part of the community program to install additional units throughout Palm Desert. Contract No. C32520 STAFF REPORT RECONNECT CALIFORNIA GRANT APPROVAL AND REDIRECTION OF MSCR FUNDING JANAURY 24, 2013 PAGE 2 In addition, the recently awarded Mobile Source Air Pollution Reduction Review Committee (MSRC) funding could be redirected to a Community Program that City Council directed staff to look into after the City's Electric Charging Station Project was completed. This would allow the City to not only update its facility, but also expand the program out into the community focusing on I-10 and Monterey, I-10 and Washington, Hwy 111 corridors, EI Paseo, and major shopping complexes (i.e., Desert Crossing, Wal-Mart and Sam's Club, Costco, etc.) for potential community partners. Since the City was already underway with a project to upgrade the Charging Station through the MSRC grant award in the amount of$77,385, Council needs to approve the re-direction of funds and project focus. Since this is a 50/50 match grant, the plan was to utilize AB2766 funds for the balance of the project for a total estimated project budget of $154,770, which would still be the case; however, the project focus would instead be installation of charging units within the community. Since the Reconnect California Grant only covers removal and installation of existing charging units, the City's Electric Charging Station would not have the installation of the DC Fast Charging Unit/Level 3 (charges vehicles in 15—30 minutes). In addition, staff contacted Ms. Cynthia Ravenstein, MSCR Contract Administrator, to determine if the awarded MSRC grant funds could be utilized on an alternative project. According to Ms. Ravenstein, the City may utilize the MSRC grant funds to implement the Community Program and the Reconnect California Grant could be utilized as part of the match required by MSRC, as well as AB2766 Funds. Fiscal Analvsis There will be no negative impact to the City's General Fund. Funding for the projects are through the Reconnect California Grant, MSRC Grant, and the City's AB2766 funds. Submitted By: CTI`Y COUNCIL A�1`ION Frankie iddle, Director of Special Programs AppROVED DENtEn RECEIVED OTHER Reviewe . MEETI G DATE � — �� AYE5s - NOES: Pau ibson, Director of Finance ABSENI; � - ABSTAIN: Ap oval: VERIFIED BY: � Original on File with City erk's Office � n M. Wohlmuth, City Manager RECONNECT CALIFORNIA CHARGE STATION AND INSTALLATION AGREEMENT Site Owner: Site Location: (Charging Site) As an existing public electric vehicle charge station site owner("Site Owner"), Site Owner is being provided an opportunity to upgrade one or more electric vehicle charge stations("Charge Stations")to the new SAE-J1772TM standard (CS-40, manufactured by ClipperCreek, Inc. ("CCI") )to be installed by its Program Partners, under the Reconnect California Program (the "Program").The Program has been funded in part under the terms of PON-09-006 from the California Energy Commission ( CEC ). In order „ „ for Site Owner to receive its Charge Station upgrade and installation,Site Owner agrees to all of the following terms and conditions: 1. Grant Recipient: ClipperCreek, Inc. Auburn,CA-Grant Recipient and Program Manager CCI Program Partners: 3D Datacom of Rancho Cordova, CA- Installer EV Connect, Inc. of Culver City, CA- Installer Tom Dowling, Folsom, CA—Coordinator 2. Charge Stations. Site Owners Charge Station upgrade is set forth in this section. CCI Model Number CS-40 Number of Charge Stations: Exhibit"A"to this Agreement sets forth the specific Charge Station(s) and the location(s) in which the Charge Stations are to be upgraded and installed. 3. Shipment and Delivery. CCI will pay for the cost of standard delivery charges of the Charge Stations to Site Owner's locations. CCI shall choose the method by which Charge Stations are to be delivered. 4. Installation. (a) Installation of the Charge Stations will be performed by CCI Program Partners. Site Owner agrees to indemnify and hold harmless, CCI, CCI Program Partners, and their officers, directors, employees, shareholders from all losses, costs, expenses, claims and/or other charges incurred by any of them as a result of the failure by Site Owner to observe each of the applicable reporting, auditing and other requirements. 5. Warranty.The Charge Stations will be covered by the terms of CCI's and CCI Program Partners' standard product and installation warranties, respectively,for a period of one (1)year from the date of installation.Should Site Owner wish to obtain an extended product or installation warranties, Site Owner should contact CCI Program Partners for a description of applicable terms and conditions. 6. Additional Products and Services. In the event that Site Owner desires to purchase additional Charge Stations and/or related products or services,this transaction will be handled outside of this agreement. 1 7. Access to the Public. All of the Charge Stations will be installed in a manner and in locations that make them available for access and use by the general public.The Charge Stations and the facilities, in which they are located, shall be kept clean and in good repair. Site Owner agrees to maintain appropriate signage that clearly and prominently identifies and,where appropriate, provides directions to the Charge Stations so that they may be easily located by drivers of electric vehicles. Site Owner shall promptly call CCI Program Partners, in order to arrange for the repair of any non-functioning Charge Stations. 8. Representations and Warranties.Site Owner represents and warrants to CCI and CCI Program Partners that: (i) Authority--Site Owner has the power and authority to enter into and be bound by this Agreement and to authorize the replacement or installation of the Charge Stations and any other electric vehicle charge products or services at the location(s) (the "Locations") set forth in Exhibit "A"; (ii) No Violation With Existing Site Owner Electrical Supply or Other Agreements--Site Owner assumes all responsibility that the electrical usage of the Charge Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease,to which Site Owner is a party; (iii) Installation of Charge Stations Will Not Violate Any Other Agreements or Laws--Site Owner will not install or attach, or allow to be installed or attached, Charge Stations on or to infrastructure not owned by Site Owner without proper authority or consent, and will otherwise observe all applicable governmental or other restrictions(whether by agreement or otherwise) applicable to the Locations; and (iv) Compliance Laws--Site Owner will comply with all applicable laws. 9. Further Representations and Warranties for Tenants. If the Charge Stations are to be installed at one or more locations at which Site Owner is a tenant rather than the owner thereof, Site Owner represents and warrants to CCI that Site Owner has received all consents from its landlord(s)that are necessary for the installation of the Charge Stations in a manner that does not violate its lease. Site Owner shall promptly reimburse CCI for any costs incurred by it, any of its Authorized Distributors or Certified Network Contractors, including, without limitation, reasonable attorneys fees, as a result of the installation of Charge Stations in violation of this section. 10. Publicity.Site Owner agrees to permit CCI and CCI Program Partners to use its name, in a manner reasonably approved by Site Owner, for purposes of publicizing the Program. For these purposes CCI and CCI Partners will inform Site Owner, in writing, at least ten (10) days, or less(if mutually agreed by Site Owner and CCI and CCI Partners), prior to using Site Owners name or its intent to do so, and will provide Site Owner with copies of any press releases, advertisements or other promotional materials in which Site Owner's name is to be used for review and approval. Site Owner's consent to such use will be presumed if Site Owner does not object within five (5) days of receipt of notice from CCI and CCI Partners under this section. 11.Access (i) Charging Site Location. CCI and CCI Program Partners are hereby granted access to the Site Location,sufficient notice,to perform the site evaluation and subsequent upgrade of the EVSE units at the Site Location. 2 (ii) Electrical Panel. Charging Site is aware and agrees that the upgrade project will require CCI and CCI Program Partners to have access to the electrical panel supporting the EVSE(s)and hereby agrees to make someone available to allow such access to the electrical panel as required access and authorization. (iii) Additional Upgrades. If more than one site visit is required, i.e., not all EVSE(s) are upgraded at the same time, to accommodate, smart grid upgrades or data collection Site Owner agrees to provide the same access for each visit. (iv) Removed EVSEs. Site Owner agrees to allow CCI and CCI Program Partners to dispose of any existing EVSEs that require removal in a lawful mannor or recycled, if applicable, as they determine. (v) Data Collection. CCI and CCI Program Partners are hereby granted access to the Charging Site location for the purpose of the collection of data, which shall remain anonymous related to the EV Driver. Access shall be unrestricted except as herein stated: _No access from 5:00 p.m. — 8:00 a.m.. Mondav thru Fridav and weekends, unless prior written approval has been obtained. (vi) Smart Grid Upgrades. CCI and CCI Program Partners are hereby granted access to the Charge Site location and corresponding electrical panel, upon sufficient notice, for the purpose of performing the initial site evaluation, charging station upgrade and subsequent smart grid module installation. (vii) Public Database. Charge Site grants CCI and CCI Program Partners permission to make the Charging Station Location and upgrade information publicly available through electronic databases. 12. No Amendment or Modification. No modification, amendment or waiver of this Agreement shall be effective unless in writing and either signed or electronically accepted by the party against whom the amendment, modification or waiver is to be asserted. 13. Waiver. CCI and CCI Program Partners failure at any time to require Site Owner's performance of any obligation under this Agreement will in no way affect the full right to require such performance at any time thereafter. CCI and CCI Program Partners failure to exercise any of its rights provided in this Agreement will not constitute a waiver of such rights. No waiver will be effective unless in writing and signed by a CCI and CCI Program Partners authorized representative.Any such waiver will be effective only with respect to the specific instance and for the specific purpose given. 14. Applicable law.This Agreement will be construed, and performance will be determined, according to the laws of the State of California without reference to such state's principles of conflicts of law and the state and federal courts of California shall have exclusive jurisdiction over any claim arising under this Agreement. 15. Insurance. CCI and CCI Program Partners shall maintain, at it's own expense during the term of this Agreement, Workers' Compensation & Employer's Liability, or ensure that it's Agents provide the same insurance specified below with respect to it's employees, contractors or subcontractors accessing the Charging Site location pursuant to this Agreement. 3 Without limiting Program Partners' indemnification of Agency, and prior to commencement of Work, Program Partners shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to Agency. General liabilitv Insurance: Program Partners shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Automobile Liability Insurance: Program Partners shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Program Partners arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than$1,000,000 combined single limit for each accident. Workers' Compensation Insurance: Program partners shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Program Partners shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents,employees and volunteers. Umbrella or Excess liabilitv Insurance Program Partners may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Program Partners shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that • would otherwise have applied proves to be uncollectible in whole or in part for any • reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form"to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies OTHER PROVISIONS OR REQUIREMENTS Proof of Insurance: Program Partners shall provide certificates of insurance to Agency as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement or workers' compensation. Insurance certificates and endorsement must be approved by Agency's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency at all times during the term of this contract. Agency reserves the right to require complete, certified copies of all required insurance policies,at any time. 4 Duration of Covera�e: Program Partners shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Program partners, his/her agents, representatives, employees or sub-consultants. A�encv's Ri�hts of Enforcement; In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by Agency will be promptly reimbursed by Program Partners, or Agency will withhold amounts sufficient to pay premium from Program Partners payments. In the alternative,Agency may cancel this Agreement. Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. Waiver of Subro�ation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Program Partners or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Program Partners hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its sub-consultants. Enforcement of Contract Provisions (non estoppel). Program Partners acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Program partners of noncompliance with any requirement imposes no additional obligat.ions on the Agency nor does it waive any rights hereunder. Specifications Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive,or to the exclusion of other coverage,or a waiver of any type. Notice of Cancellation: Program Partners agrees to oblige its insurance agent or broker and insurers to provide to Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten [10] day notice is required) or nonrenewal of coverage for each required coverage. Additional Insured Status: General liability policies shall provide, or be endorsed to provide, that Agency and its officers, officials, employees, and agents shall be additional insureds under such policies.This provision shall also apply to any excess liability poliFies. Self-Insured Retentions: Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Agency. 5 Timely Notice of Claims: Program Partners shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Program Partners's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Additional Insurance: Program Partners shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. (ii) CCI and CCI Program Partners shall not be required to maintain any employment related insurance for any employee, contractor or agent of Site Owner, whether or not said person is engaged in the Initial Upgrade or Access. 16. Regulations and Instructions. (i) CCI and CCI Program Partners agrees at all times comply with all federal, state and local laws, ordinances, rules and regulations applicable to electronic vehicle charging units in California. (ii) Site Owner agrees at all times to comply with all federal, state and local laws,ordinances, rules and regulations applicable to hosting an electronic vehicle charging site in California. Site Owner shall indemnify and hold harmless, CCI and CCI Program Partners from any 3�d party claim arising from or relating to the real property at the Charging Site used by the EV Drivers use of the Charging Site. (iii) CCI and CCI Program Partners shall only permit personnel properly instructed in the characteristics and safe handling methods associated with installation and data collection of the charging units. 17. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. 18. Counterparts.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which,taken together, shall constitute but one and the same document. CLIPPERCREEK,INC. Installer AWARDEE By: By: By: Name: Name: Name: ' Jason France Title: Title: Title: Chief Executive Officer 6 EXHIBIT"A" DESCRIPTION OF AWARDED CHARGE STATIONS AND INSTALLATION LOCATIONS Charge Station Model Number Installation Location CS-40 73-510 Fred Waring Dr. Palm Desert,CA 92260 7