April 2, 2024, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
April 2, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ,M
Miguel Solano, Assistant Engineer
(858) 668-4653 or [email protected] M ~
Approval of Consultant Agreement with Frontier Energy, Inc., for the Zero Emission Vehicle Transition Assessment; RFP No. 24-012
This action will award a Consultant Agreement to Frontier Energy, Inc., to develop a plan for transitioning the City's fleet to electric vehicles for the Zero Emission Vehicle Transition Assessment project to comply with the California Air Resources Board Advance Clean Fleet Regulations.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement (Attachment A) with Frontier Energy, Inc., in the amount of $133,558.00, for the Zero Emission Vehicle Transition Assessment project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents.
Discussion:
To comply with California Air Resources Board Zero Emission Vehicle mandate and Advanced Clean Fleet Regulations, the City of Poway plans to work with Frontier Energy, Inc. to assess the current fleet replacement schedule, facilities and infrastructure and develop a plan for transitioning the City's municipal fleet to electric vehicles, with the goal of converting the majority of the City's fleet to electric vehicles by 2035, as mandated by California Law.
The California Air Resources Board's Advance Clean Fleets Regulation requires fleets operating in California to begin the transition to zero emission technology. Specific to municipal fleets, 50 percent of the total number of new vehicle purchases must be zero emission beginning in 2024, increasing to 100 percent beginning in 2027. The regulation allows cities to continue operating existing vehicles throughout their useful life. This is an unfunded mandate by the State of California.
On January 18, 2024, the Development Services Department issued a Request for Proposal (RFP No. 24-012), to develop a Fleet Electrification and Electric Vehicle Charging Plan. The City received proposals from six consulting firms. After evaluating and scoring the proposals, staff concluded 1 of 21
April 2, 2024, Item #6
Frontier Energy, Inc., is the most qualified consultant for this project. Frontier Energy, Inc., is familiar with this type of work and presented a team with specific experience with zero emission vehicle transition assessments and preparation of electric vehicle charging plans.
The project scope includes gathering the data necessary to develop the plan for transitioning the City's fleet to electric vehicles, including an analysis of charging infrastructure needs, preparation of preliminary site and design plans, cost estimates, schedules for required infrastructure improvements and coordination with SDG&E. The consultant will also present funding requirements and potential sources of alternative funding and/or incentives available to the City to help reduce the costs of the required transition.
Environmental Review:
This action to approve the consultant agreement is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The consultant's fee will be based on the scope of work as outlined in Attachment A and the not-to exceed fee of $133,558.00. There is sufficient funding available in the Zero Emission Vehicle Transition Assessment project (MN052) for this request.
Public Notification:
None.
Attachments:
A. Standard Agreement
Reviewed/Approved By:
Wen€ aserman
Assistant City Manager
2 of 21
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
April 2, 2024, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 3rd day of April, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and FRONTIER ENERGY, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to develop a plan for transitioning the City's fleet to electric vehicles for the Zero Emission Vehicle Transition Assessment project (Project);
WHEREAS, Consultant is an energy engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City.
Termination for cause shall be effected by delivery of written notice of termination to Consultant.
Such termination shall be effective upon delivery of said notice. 3 of 21 ATTACHMENT A
April 2, 2024, Item #6
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services.
The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103.
Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of21
April 2, 2024, Item #6
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Robert J. Manis, Director of Development Services
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of21
April 2, 2024, Item #6
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
6 of 21
April 2, 2024, Item #6
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity • which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 21
April 2, 2024, Item #6
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration.
Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 21
April 2, 2024, Item #6
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
9 of
21 April 2, 2024, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY FRONTIER ENERGY, INC.
By: __________ _ By: ___________ _
Chris Hazeltine, City Manager Chris White, Director
Date: ___________ _ Date: ___________ _
· ATTEST: -
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________ _
Alan Fenstermacher, City Attorney
10 of 21
April 2, 2024, Item #6
A.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
Scope
of
Services.
Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
energy
efficient
plan
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals,
which
is
included
in
this
document
as
Attachment
1,
and
incorporated
by
reference,
as
if
its
contents
were
fully
set
forth
herein.
Consultant
shall
provide
the
necessary
qualified
personnel
to
perform
the
services
.
B.
Compensation
and
Reimbursement.
City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals,
which
are
included
in
this
document
as
Attachment
2. Total
fee
is
not
to
exceed
One
Hundred
Thirty-Three
Thousand
Five
_ Hundred
Fifty-Eight
($133,558)
. Consultant's
fee
shall
include
and
Consultant
shall
be
responsible
for
the
payment
of
all
federal,
state
, and
local
taxes
of
any
kind
which
are
attributable
to
the
compensation
received
.
In
addition
to
said
consulting
fee,
Consultant
shall
be
reimbursed
for
all
reasonable
expenses,
including
lodging
,
telephone,
and
travel
(air
,
auto,
rail)
necessarily
incurred
in
performance
of
the
services.
Consultant
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.
All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25
.00).
Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.
All air
travel
shall
be
billed
at
coach
or
special
fare
rates
.
Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.
Consultant
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses
. All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred
.
C.
Term
of
Agreement.
This
Agreement
shall
commence
and
be
effective
as
of
April
3,
2024
("Effective
Date"),
and
shall
automatically
terminate
upon
completion
of
the
Project,
as
determined
by
the
City
in
its
sole
discretion,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
Upon
the
termination
of
this
Agreement,
Consultant
shall
return
to
City
any
and
all
equipment,
documents
or
materials
and
all
copies
made
thereof
which
Consultant received
from
City
or
produced
for
City
for
the
purposes
of
this
Agreement.
D.
Consultant's
Insurance.
1. Coverages: Consultant
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages
:
(a)
Comprehensive
General
Liability,
including
premises-operations,
products/completed
,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages
:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate
.
11 of
21 April 2, 2024, Item #6
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance
.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions
:
(a)
Additional
Insured
.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City
."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage
.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."
3. Insurance
Certificates
:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
To
City:
To
Consultant:
12 of
21 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Frontier
Energy,
Inc.
PO
Box
530293
Atlanta,
CA
30353
April 2, 2024, Item #6
Attachment 1
Scope of Work
The following sections are an overview of our unique approach to successfully completing the tasks in the RFP scope of work and tasks that other counties and cities have found beneficial. Tasks are not necessarily in chronological order, and some tasks need to occur simultaneously.
Task O: Project Management
Frontier will schedule and facilitate a pre-planning meeting with City staff and a kick-off meeting with the department stakeholders to clarify goals and expectations, and establish reasonable timelines and processes for data collection, document reviews, and deliverable feedback. After the meetings, Frontier will revise project plan milestones, deadlines, and tasks. Project revisions will be posted on SmartSheet, which the project manager can access. Frontier will then schedule regular project review meetings and submit monthly progress reports. We will set up a shared folder on Microsoft Teams or a platform that the City prefers.
Frontier progress reports typically show work accomplished, milestones reached, deliverable dates, planned activities, and challenges encountered.
Deliverables: Revised project plan, shared folders, monthly progress reports, and meetings; Meeting schedule, agendas, meeting materials, and meeting notes.
Task 1: Data Collection and Analysis
This task includes:
• Compiling information about existing conditions, vehicles, facilities, infrastructure, equipment, and operational activities and needs via interviews, data collection, and data transfer. • Reviewing the City's replacement schedules for near-term ACF compliance and long-term fleet electrification.
• Preparing current energy usage analysis and forecasting the energy needs for a ZEV fleet.
To collect data about Poway's existing fleet vehicles, we can set up data transfers from software programs (asset management, telematics, and GPS) and/or send our Excel data collection template. We will coordinate with department heads to gather the data that is summarized in Table 3. If that data isn't available, we can make assumptions based on duty cycles of vehicles in similar agency departments. If not completed, we can help OMWD meet the March 31, 2024, initial reporting deadline.
Table 3: Vehicle Data Collection
---I -----------------
• Ideal Vehicle Information . ' Alternative , • • ACF Required Vehicle VIN, owned or leased Vehicle ID, make, model, vehicle Make, model, vehicle type/class, fuel, type/class, fuel, owned or leased engine age
.
Date placed into service and Life cycle (years or miles) Date placed into service scheduled to be replaced
Assigned division Assigned department
Domicile address and hours parked Domicile address Required for exemption requests Monthly miles, fuel consumption, Annual miles, fuel consumption, days Odometer reading on 12/31 each hours/days in operation, maximum in operation, primary use year distance, primary use
Annual O&M cost: fuel, maintenance,
insurance, licensing, fuel Annual O&M cost: subset
infrastructure
Budgeted replacement cost Source and amount of state funding
April 2, 2024, Item #6
Frontier
will
collaborate
with
the
City
on
the
fleet
procurement
plan
for
2024
and
2025
to
ensue
ACF
requirements,
and
to
choose
the
initial
compliance
pathway
(milestone
or
traditional)
based
on
the
availability
of
market-ready
vehicles
and
the
ability
to
use
state
funding
programs
like
HVIP
and
Carl
Moyer.
By
the
end
of
the
project,
we
will
establish
systems
to
collect
and
report
annual
data,
apply
for
extensions
and
exemptions,
and
evaluate the
pros
and
cons
of
changing
compliance
pathways
.
Frontier
will
also
create
a year-by-year
ZEV
replacement
schedule
to
reach
a fully
(or
mostly)
electrified
fleet
by
a target
year
that
the
City
chooses.
For
vehicles
that
will
be
replaced
between
2024
and
2026,
we
can
recommend
makes and
models
from
our
database
of
available
and
soon-to-be
available
ZEVs.
After
2027,
we'll
recommend
a class
of
vehicle
(e.g.,
a Class
2 pick-up,
a Class
4 vocational
truck)
to
allow
for
the
flexibility
of
new
EV
makes and
models.
If
a ZEV
is
not
expected
to
be
available
within
ten
years,
we
can
recommend
other
fuels
that
California
regulations
will
accept
.
Using
the
ZEV
replacement
plan
and
the
duty
cycle
of
the
current
fleet,
we
will
calculate
the
daily
energy
needed
to
charge
a comparable
EV
at
its
parking
facility
and/or
estimate
hydrogen
demand.
We
work
with
other
water
public
agencies
and
understand
the
unique
requirements
of
vehicles
that
can
be
"on
duty"
at
a moment's
notice
and
must
operate
for
hours
(or
days)
for
repairs,
maintenance,
and
to
respond
to
emergencies.
Our
energy
calculations
consider
everyday
energy
needs
and
days
of
extreme
need.
Deliverables
: ACF
compliance
plan
and
fleet
transition
plan
are
added
to
the
digital
dashboard
.
Spreadsheets
are
linked
to
the
dashboard.
Facilities For
each
facility
or
site
that
will
support
permanent
or
mobile
charging
stations,
OKS
will
collect
and
analyze
the
following:
•
12 months
of
electric
meter
readings
•
Existing
electric
rates
and
planned
changes
•
Planned
upgrades
that
may
impact
electrical
service
•
Existing
as-built
drawings
(which
includes
but
not
limited
to
electrical
systems,
one-line
diagrams,
panel
schedules,
civil
plans,
and
parking
management
systems)
•
Output
ofonsite
PV
(if
applicable)
•
Existing
or
planned
charging
stations
(if
applicable)
•
Use
data
from
existing
fueling
infrastructure
Deliverable:
Short
memo
that
summarizes
findings
Task
2:
Infrastructure
Needs
Assessment
This
task
includes:
•
Estimating
future
energy
needs
for
charging
by
facility
•
Identifying
challenges
and
solutions
to
meet
infrastructure
improvement
timelines
•
Creating
planning
level
site
and
design
plans
for
each
facility
that
can
be
used
for
Power
Your
Drive
for
Fleets
application
•
Assessing
the
costs
and
benefits
of
energy
generation
and
storage
Using
the
data
from
the
fleet
transition
plan,
OKS
will
work
with
project
stakeholders
to
evaluate
various
charging
strategies
that
include
dedicated
chargers
(each
vehicle
has
its
own
plug),
shared
charging
(vehicles
take
turns
at
a plug),
charging
speeds
(Level
2,
slow
DC,
fast
DC),
and the
need
for
mobile
and
temporary
charging.
OKS
can
estimate
the
costs to
add
charging
in
phases
so
that
charging
stations
are
installed
slightly
ahead
of
vehicle
deployment
as
well
as
to
comply
with
Poway's budget
cycle.
Using
the
fleet
replacement
plan
in
Task
1,
OKS
will:
.
.
•
Identify
charging
infrastructure
types
(Level
1,
Level
2,
direct
current
fast
charge
[DCFC],
or
mobile
chargers)
and
numbers
of
charging
stations
at
needed
at
each
facility
•
Estimate
the
additional
electric
load
caused
by
fleet
charging
at
each
facility
and
develop
load
profiles
Page
1$14
of
21 April 2, 2024, Item #6
•
Evaluate
"smart
charging
approaches"
and
strategies
to
reduce
capital
and/or
operating
costs
that
include
shared
charging
stations,
vehicle-to-grid
and
vehicle-to-building,
and
load
or
charge
management
software
•
Estimate
capital
costs
to
buy
and
install
charging
stations,
including
the
cost
of
increasing
electrical
capacity
•
Estimate
operation
and
maintenance
costs
for
charging
stations
and software
•
As
needed,
recommend
alternative
strategies
that
may
include
using
public
charging
stations,
home-
based
charging,
or
using
hydrogen
or
other
low-carbon
fuels
DKS
will
conduct
virtual
and
physical
site
assessments
to
make
sure
that
the
facilities
can
accommodate
planned
charging
stations,
which
includes
distance
from
the
electrical
service,
capacity
of
the
panel
and
transforme1~
and
potential
improvements
to
the
parking
lot
facility.
Glumac
will
analyze
each
facility
for
potential
upgrades
or
improvements
to
increase
efficiency
and
decrease
utility
costs,
and
the
costs
and
payback
of
adding
solar
technology,
energy
storage,
controls
for
electric
load
management,
and/or
back-up
power
systems
for
resiliency.
DKS
will
produce
an
11"
x 17"
summary
sheet
for
each
facility
that
includes
the
results
of
all
data
analysis,
recommended
charging
strategy
(or
strategies),
cost
to
install
the
charging
stations
and
other
infrastructure,
and
design
recommendations
that
include
electrical
transformer
and
panel
sizing,
Figure
6. These concept
drawings
can
be
used
for
RFPs,
bids,
and
incentive
applications,
including
SDG&E's
Power
Your
Drive
for
Fleets
application.
If
desired,
OKS
can
complete
60%
and
90%
designs
with
specs,
plans,
and
designs
and
oversee
installation
of
charging
stations.
Figure
6:
Sample
DKS
summary
sheet
. -· --~
Optional
task:
Frontier
and
Glumac
can
evaluate
the
availability
of
hydrogen
for
heavy-duty
vehicles
and
can
conduct
an
economic
assessment
of
Poway's
WWT
to
produce
hydrogen
from
methane
for
its
own
use
and,
potentially,
to
sell
to
other
hydrogen
users.
This
analysis
would
align
with
California's
ARCHES
H2
Hydrogen
Hub
initiative.
-·-:
-·:
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.
• ---~
--~
--~-,
:::·~:
·:.~_:·:::··""'
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--
J
,.,
·••"
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··
"·.
:.:·~·::
~
-
, ••
•
•.
··:
·
··
·'
'•
....
Deliverables:
90%
Conceptual
Charger
Layout
Plans,
charging
strategies
and
onsite
power added
to
digital
dashboard.
:·t.: .. ~·-;··~::
-.. :·..:-··::•·'.~;;
:".-:.:::-:
~:::·; :.:.:-~--::··
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....
.... .
Task
3:
SDG&E
Coordination
This
task
includes
•
Evaluating
existing
utility-side
capacity
at
each
facility.
•
Coordinating
with
SDG&E
about
timing,
cost,
and
funding
electrical
upgrades.
...........
_.
,...
-..
····•:·
•"•
",'
•'•
•
Assisting
City
staff
with
applications
to
SDG&E
funding
programs
such
as
Power
Your
Drive
for
Fleets
and
engineering
analysis
applications.
•
Coordinating
and
attending
meetings
and
site
visits
as
needed.
In
our
other
fleet
transition
projects,
we
find
that
most
facilities
have
sufficient
power
Level
2 charging
for
a
few
vehicles,
however
that
power
quickly
becomes
constrained
as
addition
EVs
need
to
charge
every
night.
If
Poway
is
also
switching
its
facilities
from
natural
gas
to
electricity
for
space
and
water
heating,
we
need
to
include
that
electrical
load
in
the
engineering
analysis.
Glumac
will
coordinate
with
SDG&E
about
existing
and
planned
services,
and
the
costs
and
timelines
of
adding
electrical
service
at
each
facility.
Glumac
will
also
support
the
City's
application
to
SDG&E
for
funding.
SDG&E
typically
has
a lead
time
of
6-12
months
for
new
services
or
additional
load
that
might
require
upgrades
on
the
Medium
Voltage
side.
Glumac
will
coordinate
with
SDG&E
at
every
intersection
to
ensure
that
the
new
EV
services
are
brought
online
as
quickly
as
possible.
Deliverables:
Timeline
for
electrical
upgrades,
support
with
application.
Page
1~
of
21 April 2, 2024, Item #6
Task
4:
Projected
Costs
and
Barriers
to
Fleet
Conversion
This
task
includes:
•
Cost
estimates
for
EVs
and
fleet charging
infrastructure
•
Estimated
costs
of
routine
maintenance
•
Recommendations
for
personnel
scheduling
adjustments, retooling,
etc
The
Frontier
team
will
work
with
stakeholders
to
create
a phased
implementation
plan
for
ZEV
transition
that
aligns
with
City
goals
and
budget
periods
and
specifies
lead
times
for
ordering
vehicles
and
planning
for
charging
stations
. We
add
all
information
to
the
digital
dashboard,
which
can
be
used
to
budget
capital
and
operation
costs
for
vehicles
and
infrastructure.
Cost
analysis
includes:
•
Procurement
costs
of
ZEVs
by
year
and
by
department
•
Capital
costs
for
charging
stations
that
includes
construction,
materials,
and
equipment
by
phase
and
by
facility
•
Operating
costs
for
charging
stations
that
includes
energy
use,
networking
fees,
and
equipment
maintenance
by
year,
by
department,
and
by
facility
•
TCO
by
year
that
includes
potential
revenue
from
Low
Carbon
Fuel
Standard
(LCFS)
credits
and,
if
desired,
revenue
from
sharing
charging
stations
with
employees
and/or
the
public.
•
Greenhouse
gas
emission
reduction
by
year
In
addition
to
addressing
the
when,
where,
and
how
of
deploying
vehicles
and
stations,
we create
a Best
Practices
report
about
important
issues
that
include:
•
Considerations
for
adding
charging
during
renovations
or
when
moving
to
a new
facility,
and
working
with
landlords
at
leased
facilities
•
Options
for
cost
recovery
from
charging
stations:
fees
for
public/employee
use
of
a charging
stations,
and
charge-back
fees
to
departments
and
agencies
•
Adhering
to
ADA
requirements
charging
stations
•
Types
of
data
that
agencies
can
(and
must)
collect
and
analyze,
and
requirements
to
use,
share,
and
protect
the
data
•
Labor
laws,
OSHA
requirements,
IRS
guidelines,
and
other
non-vehicle
state
and
federal
regulations
to
consider
when
designing
and
deploying
ZEVs
and
ZEV
fueling
•
Vendor-provided
training
and
training
that
stakeholders
will
need
to
source,
and
types
of
training
that
all
City
staff
should
receive
about
driving
and
charging
EVs
•
Recommendations
for
tools,
equipment,
and
processes
for
maintenance
facilities
and
maintenance
staff
Deliverables:
Phased
implementation
plan,
Best
Practices
report,
TCO
incorporated
into
digital
dashboard
Task
5:
Fund
ing
Mechanisms
and
Strategies
This
task
includes:
•
Funding
requirements
for
grants
and
incentives
•
Potential
sources
of
funding
and
financing
Throughout
the
project,
the
team
will
alert
the
stakeholders
to
funding
and
financing
opportunities.
Our
goal
is
to
ensure
that
Poway
can
apply
for
a grant,
incentive,
voucher,
or
pilot
project
as
soon
as
it
becomes
available. We
also
evaluate
ownership
models
that
include
the
cost
and
revenue
of
agencies
owning
and
operating
the
charging
stations,
shared
ownership
with
a service
provider,
or
Charging
as
a Service
(or
Fleet
as
a Service)
in
which
a vendor
owns
and
operates
the
charging
stations
(and
EVs)
for
a monthly
fee
.
If
desired,
we can
analyze
and
provide
information
about
other
financing
mechanisms,
like
leasing
vehicles
and
infrastructure,
use
bond
or
bond-like
financing,
and
using
low-interest
loans from
California's
iBank
or
the
federal
government.
Page
2016
of
21 April 2, 2024, Item #6
Task
6: Phased
Ma
ster
Plan
Throughout
the
project
we
present
multiple
phasing
and
implementation
strategies
and
refine
them
with
stakeholder
input.
The
digital
dashboard
and
ACF
Compliance
Tool
enable
the
City
to
continue
to
refine
the
implementation
plan
over
time.
The
dashboard
can
be
viewed
and
downloaded as
a PDF.
The
Frontier
team
will
also
prepare
up
to
three
Power
Point
presentations
and
either
present
or
support
Poway
Staff
in
presentations
to
councils
and
commissions.
Deliverables:
Final
digital
dashboard,
up
to
three
Power
Point
presentations
PageN
of
21 April 2, 2024, Item #6
Fee Proposal
..... Proposed fee includes all costs associated with the performance of the services and assumes nine-month project that begins in April 2024. The hourly 00 o rates and number of hours are consistent with other municipal fleet projects. .....
N ..... Task
Task 1: Data S Analysis
Data collection
Fleet analysis
Facility data analysis
ZEV replacement plan and ACF compliance
Task 2: Infrastructure Needs
Physical site assessments
Charging strategies
Resiliency analysis
Conceptual drawings
Task 3: SDGSE Coordination
Evaluate capacity
Coordinate with SDG&E
Support funding application
Task 4: Costs and Barriers
Estimate capital and operating costs
Best practices report
Task 5: Funding Strategies
Funding summary
Task 6: Phased Master Plan
Digital dashboard
PowerPoints and presentations
Project Management
Not-to-Exceed Budget
Director
4 2
2 3
3 0
1 1
5 5
4 2
2 1
Sr.
Program
Consultant
65 20
25 20
6 2
2 2
1 1
10 10
2 2
23 15
8 28
Sr. Project
Coordinator
85 40
15 5
25 8
8 1
1 11
10 1
15 15
31 25
6 22
Practice
Lead
Electric
Engineers
Hours per Job Classification
I I 52 I
42 10
6 257
50 51
4 76
2 80
0 66
12 27
27 1 22
I
20 1 2
1 10 I
1 10
2 6
1 5
I
1 1
1 34
Project
Manager
9 I
I
I
I
Admin
19 Task Fee
I s21.001
$51,139
$12,631
$7,537
I
I $5,836
$10,271
I
$19,137
$133,558
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N
April 2, 2024, Item #6
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
19 of 21
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with April 2, 2024, Item #6
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
20 of 21
(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 April 2, 2024, Item #6
Cal Gov Code § 7522.56
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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