BOARD MEETING DATE: September 9, 2005
AGENDA NO. 30

Mobile Source Air Pollution Reduction Review Committee

SYNOPSIS:

Below is a summary of key issues addressed at the MSRC’s July 21 and August 25, 2005 meetings. The MSRC’s next meeting is September 22, 2005, at 1:30 p.m. in Room CC8.

RECOMMENDED ACTION:

Receive and file.

Jeri G. Voge
Sr. Deputy District Counsel/
Legal Liaison to the MSRC

Minutes

Minutes from the May 26, 2005 and June 23, 2005 meetings were unanimously approved. They are attached for your information (Attachment 1).

FY 2005-06 Conceptual Work Program

For FY 2005-06 the MSRC has designed a two-phase Conceptual Work Program. On July 21 and August 25, 2005, the MSRC took several actions, ultimately approving $12.875 million for the first phase of the FY 2005-06 AB 2766 Discretionary Fund Conceptual Work Program, which consists of the following elements.

• Alternative Fuel Infrastructure Funding Opportunities Program PA #P2006-07 ($2.5 million);
• Diesel Exhaust After-Treatment Retrofit Program PA #2006-05 ($1.25 million);
• Local Government Match Program PA #2006-06 ($3 million);
• Continuation of CNG School Bus Incentives Program ($2 million), which will be implemented by modifying existing contracts with previously qualified vendors.
• Efficiency Freeway Service Patrol Program ($3.95 million), which will be implemented by issuing sole-source contracts to the four county transportation commissions
• Regional Vanpool Program Extension ($175,000), which will be implemented by modifying the existing contract with TransVironmental Solutions Inc.

In addition to the above, the MSRC approved two separate elements as part of the FY 2005-06 Work Program, the amounts for which are not included in the $12.875 million above. Specifically, the MSRC exercised an option clause for FY 2004-05 services to extend performance for its Outreach Coordinator, The Better World Group, in the amount of $22,361, and modified the contract with its Technical Advisor to add an additional $30,000 ($15,000 for each fiscal year Work Program) to bring on board additional part-time staff through a subcontract.

On September 9, 2005, the AQMD Board will consider the first phase of the FY 2005-06 Conceptual Work Program, including release of three Program Announcements, as well as the FY 2005-06 option with The Better World Group for outreach coordinator services, and the contract modification with Mr. Gorski, authorizing augmentation and approval of a subcontractor, as part of both the FYs 2005-06 and 2006-07 Work Programs.

FY 2004-05 Work Program

At its May 24, 2005 meeting, the MSRC approved funding additional diesel exhaust after-treatment projects; they subsequently learned that Yucaipa Bus Services had requested funding for an additional ten particulate filters totaling $85,000, which were not included during the consideration of the backup lists. Yucaipa was previously awarded $68,000 for eight particulate filters. On July 21, 2005, the MSRC unanimously approved augmenting Yucaipa’s initial award, which was approved by the AQMD Board on February 4, 2005, for a new total award of $153,000 for up to 18 filters. On September 9, 2005, the AQMD Board will consider this award increase as part of the FY 2004-05 Work Program.

FY 2002-03 Work Program

Clean Energy was awarded a contract for $250,000 to install a publicly accessible CNG refueling station at 7171 Romaine Street at the Southern California Gas Hollywood base. Subsequent to the award, negotiations with the site owner could not be completed. On March 25, 2004, the MSRC approved a new site for this station, but unfortunately negotiations for the second site also fell through. At this time Clean Energy has requested a contract modification for the site to be moved to a third location in Los Angeles, which is about two miles away from the current site or about three miles away from the original site in the proposal. On July 21, 2005, the MSRC approved in a 6-0 vote, a contract modification with Clean Energy to move the site location for a second time.

Concurrently, the MSRC also approved a one-year, no-cost contractual term extension for this contract, #MS03063.

The City of Claremont was awarded a $173,300 contract to purchase three heavy-duty natural gas vehicles and install a natural gas refueling station. The contract expired before all work could be completed or any billing received. On August 25, 2005, the MSRC unanimously approved a new/replacement contract for the City of Claremont in the amount of $173,300 for this work.

On September 9, 2005, the AQMD Board will consider the above contract modification and new/replacement contract as part of the FY 2002-03 Work Program.

FYs 2001-02 and 2002-03 AB 2766 Discretionary Fund Biennial Audit

AB 2766 requires any agency that receives fee revenues subvened to the AQMD from the Department of Motor Vehicles to be subject to an audit once every two years. The sixth biennial audit has been completed. For the Discretionary Fund portion of the funds awarded by the MSRC, the scope of the audit included ten proposals randomly selected from the Work Programs awarded by the MSRC in FYs 2001-02 and 2002-03. There were no findings, and the MSRC unanimously received and filed this audit report.

Revised Policies for Contract Modifications & Closing Contracts

The MSRC adopted two policies for contract modifications and closing contracts. The first delineates the types of contract modifications (or scope changes) its Contracts Administrator can execute without seeking MSRC approval and clarifying which types would require approval by the MSRC (and in some cases the AQMD Board). For example, the revised policies now allow the MSRC’s Contracts Administrator to execute a contract modification substituting a LNG vehicle for a CNG vehicle so long as the emissions reductions or costs do not change. This policy was adopted to reduce workload and provide greater flexibility. The second establishes that final reports must be received before the contract end date, and all invoices must be received no later than 90 days following the end date. The second policy was adopted to address suggestions from the AQMD’s Finance Department and ensure timely closure of complete contracts. A copy of the policies will be posted on the MSRC’s new website at http://www.cleantransportationfunding.org.

Received and Approved Final Reports

The MSRC unanimously received and approved two final reports, as follows:

1. City of Los Angeles Contract #AB02011, which provided $945,000 towards the purchase of 42 LNG refuse trucks; and
2. City of Ontario Contract #MS04001, which provided $35,082 towards the purchase of two CNG refuse trucks.

All final reports are filed in the AQMD's library and a two-page summary of each closed project can be viewed in the electronic library on the MSRC's new website at http://www.cleantransportationfunding.org.

Contract Modification Requests

The MSRC considered several contract modification requests and took action, as follows:

1. For TransVironmental Solutions Contract #AB02029, which provides $294,200 for implementation of the Guaranteed Ride Home Program, approval of a minor cost schedule reallocation between tasks;
2. For City of Rancho Mirage Contract #ML03010, which provides $50,000 towards the purchase of three medium-duty and one heavy-duty natural gas vehicles, approval to substitute one heavy-duty CNG dump truck for two medium-duty CNG vehicles instead and a one-year contractual term extension;
3. For City of Cathedral City Contract #MS03031, which provides $79,036 to install wind break fencing and stabilize earthen slopes under the Coachella Valley PM10 Reduction Program, approval of a one-year, no-cost contractual term extension;
4. For Clean Energy (Pending) Contract #MS04054, which was awarded in the amount of $250,000 to install a CNG station in Mission Viejo, denial of a station location change, with encouragement to re-apply for funding in the next work program;
5. For California Bus Sales (CBS) Contract #MS05002, which provides $420,000 to implement the Alternative Fuel School Bus Buydown Program, denial of a funding increase in the amount of $180,000, in light of additional $2 million funding to be allocated to existing vendors including CBS in the FY 2005-06 Conceptual Work Program;
6. For San Bernardino Associated Governments Contract #MS03051, which provides $375,000 to implement new or expanded freeway service patrols, approval to change some beat parameters and a 17-month, no-cost contractual term extension;
7. For City of Palm Desert Contract #MS03068, which provided $42,339 to perform soil stabilization and install wind fences under the Coachella Valley PM10 Reduction Program, approval of a six-month, no-cost contractual term extension; and
8. For Johnson|Ukropina Contract #MS05004, which provides $1 million to implement a follow-on "Pick-A-Day, Any-Day" Ridesharing Marketing Campaign, approval to reallocate funds between tasks and cost elements.

The MSRC also terminated negotiations with three proposers from awards made as part of the FY 2003-04 Work Program due to their unresponsiveness in returning required paperwork to execute a contract. They are as follows: 1) County of Los Angeles, Department of Public Works, (Pending) Contract #ML04025, which was awarded in the amount of $20,000 towards the purchase of a LPG airport sweeper; 2) County of Los Angeles, Department of Beaches and Harbors, (Pending) Contract #ML04022, which was awarded in the amount of $255,000 towards the purchase of five CNG vehicles and installation of a CNG station at Will Rogers Beach; and 3) County of Los Angeles, Department of Beaches and Harbors, (Pending) Contract #ML04023, which was awarded in the amount of $205,000 towards the purchase of three CNG vehicles and installation of a CNG station at Zuma Beach. The funds allocated to these projects will revert to the AB 2766 Discretionary Fund for re-allocation in a future work program.

Contract Administrator Report

The MSRC's AB 2766 Contract Administrator provides a written status report on all open contracts from FY 1999-00 through the present. This Contract Administrator Report is attached for your information (Attachment 2).

Attachments (EXE 449kb)

1 – Approved May 26, 2005 & June 23, 2005 Minutes
2 – Contract Administrator Report

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