BOARD MEETING DATE: June 12, 1998 AGENDA NO. 14
PROPOSAL:
Approve MSRC Projects within FY 1997-99 Work Program Including School/Transit Bus and TCM Projects, EV Infrastructure Planning/ Implementation Consultant, EV Infrastructure Incentive, and Subvention Fund Match Projects; Authorize MSRC the Ability to Adjust Up to 5%; and Authorize Execution of Agreements
SYNOPSIS:
As part of the FY 1997-99 Work Program, MSRC issued seven RFPs in December 1997 for school and transit bus projects, on-road & off-road heavy-duty diesel projects, and four categories of TCM projects, and another RFP in February 1998 for an EV Infrastructure Planning and Implementation Consultant. Except for the On-Road & Off-Road RFP that includes a streamlined application process through June 30, all of the RFPs closed in late March. In addition, the Subvention Fund Match Programs application period ended March 3, 1998. At this time the MSRC requests Board approval of several School/Transit Bus & TCM projects, CEC's EV Infrastructure Incentive Program, and Subvention Fund Match Program projects. The MSRC also requests authority to adjust the project costs up to 5%; and authority to execute agreements.
COMMITTEE:
Mobile Source Air Pollution Reduction Review Committee, May 28, 1998, Unanimously Approved
RECOMMENDED ACTION:
- Approve eight transit bus projects, two school bus vendors for participation in the CNG bus buydown program, eleven transportation control measure projects including the high-occupancy toll lanes demonstration, the EV Infrastructure Planning and Implementation Consultant, and the sole-source contract with California Energy Commission for the EV Infrastructure Incentive Program, as stipulated in Attachment 1, as part of the FY 1997-99 AB 2766 Discretionary Fund Work Program.
- Approve projects submitted by local governments in the application process for the Local Government Subvention Fund Match Program from the first year of the FY 1997-99 AB 2766 Discretionary Fund Work Program.
- Authorize MSRC the ability to adjust up to an additional 5%, as necessary, the funding of individual projects included in the attachments; and authorize MSRC to withdraw approval of individual projects in cases where bidders are not able to successfully negotiate a contract, the funds saved to apply to other work programs.
- Authorize the Chairman of the Board to execute agreements with the proposers as set forth in this Board letter and attachments for the FY 1997-99 Work Program.
Mayor John Longville
Chair, MSRC
Background
In September 1990 Assembly Bill 2766 (Sher) was signed into law (Health & Safety Code Sections 44220-44247) authorizing the imposition of an annual $4 motor vehicle registration fee surcharge to fund the implementation of programs exclusively to reduce air pollution from motor vehicles. AB 2766 provides that 30 percent of the surcharge subvened to the AQMD be placed into an account to be allocated pursuant to a work program developed and adopted by the MSRC and approved by the AQMD Governing Board.
The Governing Boards April 11, 1997, approval in concept of the two-year, $26 million [ Adjusted to $35 million using turn-back funds and additional interest income.] FY 1997-99 AB 2766 Discretionary Fund Work Program included funding solicitations in FYs 1997-98 and 1998-99. Elements for funding in FY 1997-98 for the first year of the FY 1997-99 Work Program included the Local Government Subvention Fund Match Program; three TCM Programs for Smart Shuttle Services, Student Education Projects and Market-Based Incentive Programs; and a Research and Development Program. Except for the Match Program, all contracts have been executed for FY 1997-98 awards.
The $6.5 million Local Government Subvention Fund Match Program, through a simplified application process, provides a 25% match to cities and counties within the AQMDs jurisdiction that receive AB 2766 City Subvention Funds and meet eight eligible match categories. The program is designed to encourage cities and counties to implement projects that have a high potential for reducing motor vehicle emissions. The program encourages partnerships among local and community entities that can submit project proposals to their respective city or county. The application timeframe was originally established at six months from May 15 through November 15, 1997, but was extended through March 3, 1998 (as noted in Outreach Section, which follows). Funds have been allocated on a first-come, first-serve basis. All projects must still be completed by June 30, 1999, and match monies will be paid on a reimbursed basis only. Proposals for this program that were received by the deadline are still being processed for eligibility and will be submitted to the Board as their eligibility is determined. (This request includes 26 applications for project approval.)
The second year funding of the FY 1997-99 AB 2766 Discretionary Fund Work Program included the release of seven RFPs in December 1997 for heavy-duty school and transit buses and other on-road and off-road heavy-duty vehicles, three TCM categories, and high occupancy toll (HOT) lanes demonstrations, and the release of another RFP in February 1998 for an EV Infrastructure Planning and Implementation Consultant. A description of these solicitations is as follows:
1) Heavy-Duty Alternative Fuels Program ($9.475 million):
2) TCM Program (sharing $1.5 million):
3) HOT Lane Demonstration Projects RFP #9798-17 ($0.5 million) - provides a maximum of $250,000 funding for projects that cost-effectively demonstrate HOT Lanes (e.g. HOV lanes that are made available, for a fee, to single occupant vehicle drivers and/or carpools with fewer than the required number of passengers).
4) EV Infrastructure Planning and Implementation Consultant for the EVCharge Program RFP #9798-29 ($125,000) to obtain a Project Consultant for the second phase of EV infrastructure planning and implementation, known as the EVCharge Program. The Consultant will develop an EV Infrastructure Strategic Plan and an application package, process guidelines and outreach materials to use in the implementation of the program. Once the Strategic Plan, the application package, and process guidelines have been approved by the MSRC, the Consultant will oversee deployment of the EVCharge Program. This effort will include working with prospective site owners for funding of public EV charging stations and acting as program monitor to ensure proper installation and operation.
Except the On-Road & Off-Road RFP that remains open until June 30, 1998, the above-mentioned seven RFPs are provided for informational purposes as Attachments 4-10.
Outreach
In accordance with the AQMDs Procurement Policy and Procedure, a public notice advertising these RFPs and soliciting proposals was published on two different days in the following publications:
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1. The Antelope Valley Press |
10. Korea Central Daily |
19. Philippine News |
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2. Black Voice News |
11. La Opinion |
20. Precinct Reporter |
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3. Chinese Daily News |
12. La Voz |
21. Rafu Shimpo |
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4. Daily News |
13. Los Angeles Daily News |
22. Riverside Press Enterprise |
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5. Eastern Group Publications |
14. Los Angeles Sentinel |
23. San Bernardino Sun |
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6. El Chicano |
15. Los Angeles Times |
24. Santa Clarita Signal |
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7. El Chicano |
16. M/W/DVBE Source |
25. State of California Contracts |
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8. Inland Empire Hispanic News |
17. Orange County Register |
Register |
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9. Inland Valley Daily Bulletin |
18. Palm Springs Desert Sun |
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Additionally, potential bidders were identified using the AQMDs own electronic listing of certified minority vendors and the AQMDs Purchasing mailing list. Copies of the RFP/RFQ were mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations; and placed on the Internet at AQMDs Web site [http://www.aqmd.gov, "Business & Job Opportunities" icon] and AQMDs 24-hour telephone message line for bidders at (909) 396-2724.
In addition to the AQMDs standard practice indicated above, the MSRC sent a brochure announcing these funding opportunities to more than 2,000 interested parties on the MSRCs mailing list. A separate announcement for the EV Infrastructure Planning and Implementation Consultant was mailed to this same interested parties mailing list.
For the Subvention Fund Match Program the MSRC sent a 33-page information packet regarding the application process to every city and county within the AQMDs jurisdiction that participates in the AB 2766 Subvention Fund Program. In addition, the FY 1997-99 MSRC Work Program information brochure, which describes all of the FY 1997-99 Work Programs funding opportunities, including the subvention fund match program, was mailed to each of the 2,000+ interested individuals and entities which are contained in the MSRCs mailing data base.
In addition, other outreach workshops were held. These workshops were jointly sponsored by the MSRC, the AQMD, and the Solis Group, who are the contract consultants retained by the AQMD to provide assistance in presenting AB 2766 Subvention Fund Program Workshops and technical assistance to local governments regarding their subvention fund spending plans. Two such workshops were conducted, one in Orange County in cooperation with the Orange County Council of Governments on Thursday, May 29, 1997, and another in cooperation with the Southern California Gas Company at their Energy Resource Center in Downey on Thursday, June 5, 1997. Oral presentations were made and hard copy materials
were distributed to attendees regarding the MSRCs Local Government Subvention Fund Match Program at each workshop.
On October 30, 1997, letters were sent from the MSRC Chair John Longville to all city mayors and council members, all city managers, and all AB 2766 city coordinators, advising that the Match Program application deadline was extended, one time only, through March 3, 1998, and encouraging cities to apply. The letters also included information on whom the cities should contact for technical and administrative assistance in preparing the applications. A notice advising of the extended application deadline was also included in the January 1998 issue of the Advisor.
Bidders Conferences
Approximately 375 copies of the seven RFPs released in December 1997 were mailed to interested parties in addition to those copies of the RFPs mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations. Approximately 100 potential proposers attended a non-mandatory Bidders Conference convened on Wednesday, January 14, 1998, at 9:00 a.m. To further assist potential bidders, the MSRC also conducted two technical workshops on these seven RFPs on Tuesday, January 27, and Thursday, January 29, 1998. Both technical workshops were well attended and quite successful.
A Bidders Conference was also convened on Tuesday, March 3, 1998, for RFP #9798-29 for the EV Infrastructure Planning and Implementation Consultant for the EVCharge Program and was attended by nine potential proposers. Forty-eight copies of this RFP were mailed to interested parties in addition to those copies of the RFPs mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations.
The MSRC conducted a Bidders Conference for the Local Government Subvention Fund Match Program in conjunction with other FY 1997-98 funding solicitations in the AQMD Auditorium on Wednesday, May 21, 1997. Approximately 100 interested individuals attended the Bidders Conference. During the same afternoon, the MSRC held a Technical Workshop for the potential Local Government Subvention Fund Match Program participants, which was attended by approximately 125 individuals representing local government agencies. For the last several months during their daily outreach efforts, Intergovernmental Affairs staff have been advising local government officials, at both elected and staff levels, about the MSRCs Local Government Subvention Fund Match Program.
Bid Evaluation
Thirty-eight proposals were received in response to the RFPs when final bidding closed at 5:00 p.m. on Tuesday, March 24, 1998, for the Transit & School Bus and TCM RFPs and on Tuesday, March 31, 1998, for the EV Infrastructure Planning and Implementation Consultant.
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RFP Name & Number |
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Alternative Fuel Transit Bus RFP #9798-15 |
8 |
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CNG School Bus Buy-Down Program RFP #9798-14 |
2 |
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Bicycle Projects RFP #9798-19 |
13 |
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Videoconferencing Projects RFP 9798-18 |
6 |
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Land-Use Strategies RFP #9798-16 |
5 |
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HOT Lane Demonstration Projects RFP #9798-17 |
2 |
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EV Infrastructure Planning & Implementation Consultant RFP #9798-19 |
2 |
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TOTAL |
38 |
The MSRC directed its Technical Advisory Committee to form evaluation subcommittees to review, evaluate, score and rank the 38 proposals, using the guidelines and evaluation criteria within each RFP, and develop a funding recommendation for its consideration in the form of two lists. One list included all fundable proposals and the second list included all proposals not recommended for funding (regardless of monies available). On May 28, 1998, the TAC presented its recommendations to the MSRC, and the MSRC received public comment from prospective bidders. By the conclusion of the May 28, 1998 meeting, the MSRC adopted the second year funding projects for the FY 1997-99 AB 2766 Discretionary Fund Work Program.
Panel Composition
The evaluation subcommittees, assisted by the MSRCs Technical Advisor Ray Gorski, consisted of the following individuals:
Proposition 209 Compliance
On August 28, 1997, Proposition 209 went into effect when a stay of enforcement was lifted. Proposition 209 prohibits granting of preferential treatment based upon race, ethnicity, color, sex or national origin in the operation of public employment, public education, or public contracting. Proposition 209 does not address disabled veteran business enterprises. On October 10, 1997, the Districts Board adopted an Interim Contracting & Purchasing Policy and Consultant Selection Policy. The Interim Policy eliminates the granting of preference points based upon race or gender and only requires a good faith effort to subcontract with minority and women-owned businesses if subcontracts are to be let, when contracts are funded in whole or in part by EPA grant funds. Proposition 209 does not prohibit actions necessary to maintain eligibility for federal funding. However, the MSRC does not receive any federal funding. On October 23, 1997, the MSRC adopted a Proposition 209 Compliance Policy that eliminates preference points based upon race, ethnicity, color, sex or national origin, and awards preference for disabled veteran business enterprises and local businesses, where appropriate. The contract awards are based on current policies. However, any preference points did not affect the projects recommended for approval in this Work Program, so these projects can be awarded as recommended.
Proposal
This action is to request Board approval of Transit Bus proposals, two qualifying bus vendors for the CNG bus buydown, proposals in three TCM categories, a HOT lane proposal, the EV Infrastructure Planning and Implementation Consultant, an EV Infrastructure Incentive Program with the California Energy Commission (CEC), and the latest applications received by local governments for the Subvention Fund Match Program as part of the FY 1997-99 AB 2766 Discretionary Fund Work Program.
The MSRC recommends funding eight transit bus projects, two qualifying bus vendors for the bus buydown, one land-use strategies project, two videoconferencing projects, seven bicycle projects, one HOT lanes project, and one proposal for the EV Infrastructure Planning and Implementation Consultant, as stipulated in Attachment 1. A total of 22 projects totaling $12,818,629 are recommended for funding. Attachment 1 includes spreadsheets on the projects recommended for funding, including a summary sheet for each individual project except the vendors for the bus buydown. Of the 22 projects, two are school bus vendors qualifying to participate in the MSRCs CNG School Bus Buydown Program. These vendors will work with school districts to procure and place up to 70 CNG buses. Overall the second year funding of the FY 1997-99 Work Program reduces approximately 3,269 total tons of pollutants at an average $10,000 per ton (or $5 per pound) cost-effectiveness. The MSRCs cost leveraging is approximately $5,000 per ton of pollutant removed.
There are cases in which the full amount requested is not recommended for funding and additional monies may not be available from other sources to the bidder, in which case a reduced scope of work will be negotiated. In those cases where the proposed funding level was reduced by the MRSC, and the proposer cannot come to terms on a reduced scope of work, the MSRC requests the authority to rescind the funding commitment for that proposer and retain that portion of the AB 2766 discretionary funds in the Discretionary Fund account. The MSRC also requests the authority to adjust funds allocated to each project by up to 5% of the project funding specified in this portion of the FY 1997-99 AB 2766 Discretionary Fund Work Program. The AQMD Board for prior work programs previously granted this authority.
The MSRC has also been participating on a Statewide EV Stakeholders Committee, the purpose of which is to coordinate EV incentive programs implemented statewide, and to propose a statewide coordinated approach to the introduction of EVs into the state. The Committee has recognized that a significant barrier to a consumer purchasing or leasing an EV is the cost to install EV infrastructure at ones place of residence. Although auto manufacturers have been assisting in defraying the cost to purchase or lease the actual charging equipment for residences, the installation costs can range from $500-$1,500 and are currently the financial responsibility of the consumer. Surveys in the EV arena indicate that the charger installation costs negatively influence a consumers decision to purchase an EV.
To address this issue, the Statewide EV Stakeholders Committee has endorsed a statewide incentive program for the installation of EV infrastructure. The CEC is proposing to co-fund up to 40% ($500 per installation) and administer a statewide EV Infrastructure Incentive Program to defray the cost of EV charging infrastructure installation at residences for new purchases or leases of EVs. The auto manufacturers will contribute up to 40% ($500 per installation). For new EV purchases or leases in the South Coast Air Basin the MSRC will provide co-funding up to 20% ($250 per installation). As part of its ZEV/ULEV Program within the FY 1997-99 Work Program, at its May 28, 1998 meeting the MSRC approved a maximum of $250,000 to the EV Infrastructure Incentive Program for this region. A sole-source contract with the CEC in the amount of $250,000 will be executed for the MSRCs regional contribution to the EV Infrastructure Incentive Program. This sole-source award could result in an additional 1,000 EV purchases or leases in the South Coast Air Basin. Attachment 2 provides detailed information on the program.
Section VIII(B)(2) of the AQMDs new Procurement Policy and Procedure, adopted January 9, 1998, identifies four major provisions under which a sole-source award may be justified. This request for sole-source award is made under provision B.2.d.: Other circumstances exist which in the determination of the Executive Officer require such waiver in the best interests of the AQMD. Specifically, B.2.d.(1): Projects involving cost sharing by multiple sponsors. The CEC program is a jointly sponsored statewide incentive that implements a coordinated approach to the introduction of EVs into the state. The MSRC has been asked to provide co-funding towards this jointly sponsored statewide incentive program for the South Coast Air Basin. The CEC is willing to provide administration and oversight of this program at their cost and have extensive experience in administering similar programs in the past.
For the Subvention Fund Match Program included in the first year of FY 1997-99 Work Program, the following 26 applications were received by the March 3, 1998 deadline and have qualified for match funds based on the eligible categories established for the program.
The application process and eligible match categories were established by the MSRC, and the MSRCs Contract Administrator has reviewed each application for compliance with the program. To date, 97 projects totaling $2,671,552 in MSRC match funding have met program requirements (total includes those above). A spreadsheet listing these projects, including MSRC match and subvention funding by county, is provided with this request as Attachment 3.
Finally, the MSRC requests the Boards approval to authorize the Chairman of the Board to execute agreements with the proposers as set forth in this letter and the attached spreadsheets.
Resource Impacts
Health & Safety Code Section 44243(2)(c) requires the AQMD to deposit the discretionary fund revenues "in an account to be used, pursuant to Section 44244, to provide grants to fund projects for the exclusive purpose of reducing air pollution from motor vehicles." Since the monies for these RFPs will be drawn from this special fund, there would be no fiscal impact on the AQMDs operational budget.
1 - Work Program Spreadsheets and Project Summary Sheets
2 EV Infrastructure Incentive Program
3 Match Fund Spreadsheet
4 CNG School Bus Buydown Program RFP #9798-14
5 Alternative Fuel Transit Bus Program RFP #9798-15
6 Bicycle Projects RFP #9798-19
7 Videoconferencing Projects RFP #9798-18
8 Transit-Oriented Development Land-Use Strategies RFP #9798-16
9 HOT Lane Demonstration Projects RFP #9798-17
10 EV Infrastructure Planning and Implementation Consultant RFP #9798-29
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