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HomeMy WebLinkAbout25I - AGMT - ELECTRIC VEHICLE CHARGERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2013 TITLE: AGREEMENT WITH CLIPPER CREEK INC. FOR DELIVERY AND INSTALLATION OF EIGHT ELECTRIC VEHICLE CHARGERS UNDER THE CALIFORNIA ENERGY COMMISSION "RECONNECT CALIFORNIA" PROGRAM I AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Clipper Creek Inc. for delivery and installation of eight electric vehicle chargers under the State-funded California Energy Commission "Reconnect California" Program, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's Finance and Management Services Agency Fleet Division has adopted a 5-Year Alternative Energy Strategic Plan. The objective of the plan is to incorporate alternative sources of energy for its fleet such as electricity. The goal of the Strategic Plan is to increase the proportion of Alternative Fuel Vehicles (AFVs) in the City fleet from 5% in 2011 to 85% in 2016 by gradually retrofitting or replacing fleet equipment. The Strategic Plan proposes to develop electric, propane, biodiesel (B20), and ethanol (E85) fueling stations to be used by City fleet operators, Santa Ana residents and the community at large. The Fleet Division presently operates Compressed Natural Gas (CNG) and hydrogen fueling stations in addition to gasoline and diesel pumps. However, these facilities are exclusively for City fleet operations. Under the Clipper Creek Inc. (CCI) agreement, CCI will deliver and install eight chargers at four designated City locations at no cost to the City. The chargers will then become City-owned assets free and clear of any obligations to the California Energy Commission (CEC) or CCI and would be available for public use. The chargers are manufactured by CCI and purchased by CEC for distribution across the state under the "Reconnect California" Program. CEC pays all charger procurement, delivery and installation costs. Charger recipients are required to provide and pay for the electrical infrastructure to power new chargers. This type of infrastructure costs between $3,000 and $10,000 per charger depending on location and includes dedicated 40- ampere breakers, conduits, wiring, concrete casing, and anchor bolts. Replacement chargers for legacy units do not incur these costs as legacy units already have the required infrastructure in place. 251-1 Agreement with Clipper Creek Inc. for Electric Vehicle Chargers August 5, 2013 Page 2 of 2 Since the agreement pertains to new charger installations, as opposed to legacy replacements, the City is required to provide and pay for the electrical Infrastructure. FMCS will procure contractors to build the electrical infrastructure and pay for the costs utilizing a combination of City and grant funds from Air Quality Management District. Staff recommends approval of the agreement to enable the City to be placed on the priority list of chargers to be distributed this fiscal year. FISCAL IMPACT The electrical vehicle chargers are funded by the California Energy Commission "Reconnect California" Program. There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director, Finance & Management Services Agency Attachment: Clipper Creek Inc. Agreement 251-2 RECONNECT CALIFORNIA CHARGE STATION AND INSTALLATION AGREEMENT Site Owner: City of Santa An Site Location: See Exhibit A (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 subcontractor "CCI 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: 8 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. Cost for Installation. Installation of the Charge Stations will be performed by CCI's subcontractors --CCI Program Partners. City will pay CCI's subcontractors (CCI Program Partners) to install the Charge Stations an amount not to exceed $80,000.00. 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) 251'3 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. 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) 25124 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 will be granted access to the Site Location, upon receipt of sufficient notice, in order to perform the site evaluation and subsequent upgrade of the EVSE units at the Site Location. (ii) Electrical Panel. Site Owner 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. (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 upon receipt of sufficient notice. (iv) Removed EVSEs. Site Owner agrees to allow CCI and CCI Program Partners to dispose of the removed EVSEs as they see fit. (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: _(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. Site Owner 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. 251-15 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. (i) CCI and CCI Program Partners shall maintain, at its own expense during the term of this Agreement, Workers' Compensation & Employer's Liability. In accordance with the provisions of Section 3300 of the Labor Code, CCI and CCI Program Partners, are required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, CCI and CCI Program Partners agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: • Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. • Certificates of insurance shall be furnished to the City upon execution of this Agreement in a form approved by the City Attorney. (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. (iii)CCI and CCI Program Partners shall maintain, at its own expense during the term of this Agreement, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. (iv) Commercial General Liability Insurance. CCI and CCI Program Partners shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CCI and CCI Program Partners operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 16. Indemnification. 251-46 Except for gross negligence or willful misconduct of the City, its officers, employees, agents, volunteers and representatives, CCI hereby assumes liability for and agrees to defend (at City's option), indemnify, protect and hold harmless City and, its officers, employees, agents, volunteers and representatives from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the City arising out of or encountered in connection with this agreement or the performance of the work, including but not limited to death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of CCI or its subcontractors, its officers, agents, employees. 17. Regulations and Instructions. (i) CCI and CCI Program Partners agrees at all times to 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. 18. 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. 19. Assignment. Site Owner may not assign any of Site Owners rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of CCI. 20. 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. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this day of August, 2013. CITY OF SANTA ANA KEVIN O'ROURKE City Manager CLIPPERCREEK, INC JASON FRANCE Chief Executive Officer 25127 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose Sandoval Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director of Finance and Management Services 251-b EXHIBIT "A" DESCRIPTION OF AWARDED CHARGE STATIONS AND INSTALLATION LOCATIONS Charge Station Model Number ClipperCreek CS-40 (2) Installation Location City Hall: Civic Center 20 Civic Center Plaza Santa Ana CA 92702 ClipperCreek CS-40 (2) City Hall: Ross Annex 20 Civic Center Plaza Santa Ana CA 92702 ClipperCreek CS-40 (2) Corporate Yard 220 E. Daisy Avenue Santa Ana CA 92703 ClipperCreek CS-40 (2) "The Santiago" Arts District 201 East 3rd Street Santa Ana CA 92701 251 J9 251-10