HomeMy WebLinkAboutVW Project Funding Agreement - Grant EPA Reimbursable Costs Up to $9,000 Purchase & Install EV Charger - IDEM
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
May 11, 2021
Mr. Shawn M. Seals
Indiana Department of Environmental Management Office of Air Quality
100 North Senate Avenue
Indianapolis, IN 46204-2251
SSeals@idem.in.gov
RE: VW Project Funding Agreement
Dear Mr. Seals:
At its May 11, 2021 meeting, the Board of Public Works approved the above referenced
agreement for the grant with the EPA for reimbursable costs up to $9,000 to purchase and install
an EV charger.
Enclosed please find the original of the agreement for your signature. Please sign and
return the original agreement to lhensley@southbendin.gov. Please retain a copy for your
records.
If you have any further questions regarding this matter, please call this office at (574) 235-9251.
Sincerely,
/s/ Anne Fuchs
Anne Fuchs, Clerk
Enclosures
AF/lh
Page 1 of 12
1/21
VW PROJECT FUNDING AGREEMENT
Agreement Number VWL2-031
This Funding Agreement (“Agreement”), entered into by and between the Indiana Department of
Environmental Management (“IDEM”) and the City of South Bend, Indiana (“Grantee”), is executed
pursuant to the terms and conditions set forth herein, in accordance with the requirements of the
Volkswagen Diesel Emissions Environmental Mitigation Trust, for which IDEM is the Beneficiary Lead
Agency. In consideration of those mutual undertakings and covenants, the parties agree as follows:
1. Purpose
The purpose of this Agreement is to set forth the process whereby IDEM, as the Beneficiary Lead
Agency, directs the Trustee of the Volkswagen Diesel Emissions Environmental Mitigation Trust to make
payment in the amount of $9,000 to the Grantee for reimbursement of eligible costs of the project
(“Project”) described in Attachment A of this Agreement, which is incorporated fully herein. The funds
shall be used exclusively in accordance with the provisions contained in this Agreement, the requirements
of the Volkswagen Diesel Emissions Environmental Mitigation Trust and applicable Indiana law. The
funds received by the Grantee pursuant to this Agreement shall be reimbursement for approved Project
costs in conformance with this Agreement and for no other purpose.
2. Funding Source
The funding source for this Agreement are the funds held in the Volkswagen Diesel Emissions
Environmental Mitigation Trust for State Beneficiaries for the State of Indiana.
3. Representations and Warranties of the Grantee
The Grantee expressly represents and warrants to IDEM that the information set forth in its Funding
Application is true, complete and accurate. The Grantee expressly agrees to promptly repay all funds paid
to it under this Agreement should it be determined that it made any material misrepresentation on its
Funding Application.
4. Implementation and Reporting Requirements
A. The Grantee shall implement and complete the Project in accordance with Attachment A and the
plans and specifications contained in its Funding Application. Modification of the Project shall require
prior written approval from IDEM. If IDEM determines that the Grantee is not making adequate progress
in implementation of the approved Project in accordance with Attachment A, IDEM may terminate this
agreement.
B. The project shall conform to all requirements as detailed in the IDEM Request for Proposals
announcing the availability of EV infrastructure funds that closed on September 23, 2020, attached and
incorporated into this document as Appendix A.
C. The Grantee shall submit to IDEM written progress reports until the completion of the Project. These
reports shall be submitted in accordance with the reporting schedule contained in Attachment C and shall
contain such detail of progress or performance on the Project as is required under the terms of the
Page 2 of 12
1/21
Volkswagen Diesel Emissions Environmental Mitigation Trust. If additional documentation is required
for IDEM to meet reporting obligations under the Volkswagen Diesel Emissions Environmental
Mitigation Trust, IDEM may request such documentation as necessary at any time during the term of this
Agreement.
5. Term
This Agreement commences on date of last signatory and shall remain in effect through December 31,
2022. Unless otherwise provided herein, it may be extended upon the written agreement of the parties
and as permitted by the Volkswagen Diesel Emissions Environmental Mitigation Trust.
6. Funding
A. The Grantee shall be reimbursed in accordance with the approved Project Budget as set forth in
Attachment B of this Agreement, attached hereto and incorporated herein. The Grantee shall not change
or modify the Project costs funded by this Agreement and those funded by any local and/or private share
without the prior written consent of IDEM.
B. The disbursement of funds to the Grantee shall not be made until all documentary materials required
by this Agreement have been received and certified by IDEM as being in conformance with the approved
Project. Upon certification, IDEM will direct the Trustee to disburse funds to the Grantee from the
Volkswagen Diesel Emissions Environmental Mitigation Trust.
7. Project Monitoring by IDEM
IDEM may conduct on-site or off-site monitoring reviews of the Project during the term of this
Agreement. The Grantee shall extend its full cooperation and give full access to the Project site and to
relevant documentation to IDEM for the purpose of determining, among other things:
A. whether Project activities are consistent with those set forth in Attachment A, and this
Agreement;
B. that Grantee is making timely progress with the Project, and that its project management,
financial management and control systems, procurement systems and methods, and overall
performance are in conformance with the requirements set forth in this Agreement and are fully
and accurately reflected in Project reports submitted to IDEM.
8. Compliance with Audit and Reporting Requirements; Maintenance of Records
A. Until five years after the termination of this Agreement and in accordance with the records retention
policy, as approved by the Indiana Archives and Records Administration and located at
www.in.gov/iara/3276.htm, for EV information related to the VW trust, the Grantee shall retain, and shall
instruct its contractors and agents to preserve, all non-identical copies of all data, documents, records, or
other information (including documents, records, or other information in electronic form) in its or its
contractors’ or agents’ possession or control, or that come into its or its contractors’ or agents’ possession
or control, and that relate in any manner to the Grantees performance of its obligations under this
Agreement. This information-retention requirement, which is in accord with the VW records retention
policy developed by IDEM, shall apply regardless of any contrary institutional policies or procedures. At
any time during this information-retention period, upon request by IDEM, the Grantee shall provide
Page 3 of 12
1/21
copies of any data, documents, records, or other information required to be maintained under this
Paragraph.
B.At the conclusion of the information-retention period provided in the preceding Paragraph, the Grantee
shall notify IDEM at least ninety (90) Days prior to the destruction of any documents, records, or other
information subject to the requirements of the preceding Paragraph and, upon request by IDEM, the
Grantee shall deliver any such documents, records, or other information to IDEM.
B.Notice to Parties
Whenever any notice, statement or other communication is required under this Agreement, it will be sent
by E-mail or first class U.S. mail service to the following addresses, unless otherwise specifically advised.
A.Notices to IDEM shall be sent to:
Shawn M. Seals
Senior Environmental Manager
Indiana Department of Environmental Management
Office of Air Quality - Mail Code 61-50
100 North Senate Avenue
Indianapolis, IN 46204-2251
Phone: (317) 233-0425
Fax: (317) 233-5967
Email: SSeals@idem.in.gov
B.Notices to the Grantee shall be sent to:
Ms. Leslie Biek, PE
Assistant City Engineer
City of South Bend
227 West Jefferson Boulevard
South Bend, IN 46601
Phone: (574) 235-9323
Email: LBiek@southbendin.gov
10. Termination for Breach
A.Failure to complete the Project in accordance with this Agreement may be considered a
material breach, and shall entitle IDEM to suspend the Grantee’s participation in the
Volkswagen Diesel Emissions Environmental Mitigation Trust programs until such time as
all material breaches are cured to the State’s satisfaction.
B.The expenditure of funds other than in conformance with the Purpose of this Agreement, the
Project, or the Volkswagen Diesel Emissions Environmental Mitigation Trust may be deemed
a breach of this Agreement. The Grantee explicitly covenants that it shall promptly repay to
IDEM all funds not spent in conformance with this Agreement.
Page 4 of 12
1/21
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Page 5 of 12
1/21
Non-Collusion, Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Grantee, or that
the undersigned is the properly authorized representative, agent, member or officer of the
Grantee. Further, to the undersigned’s knowledge, neither the undersigned nor any other member,
employee, representative, agent or officer of the Grantee, directly or indirectly, has entered into or been
offered any sum of money or other consideration for the execution of this Grant Agreement other than
that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that a state
officer, employee, or special state appointee, as those terms are defined in IC § 4 -2-6-1, has a
financial interest in the Grant, the Grantee attests to compliance with the disclosure requirements
in IC § 4-2-6-10.5.
In Witness Whereof, the Grantee and IDEM have, through their duly authorized representatives, entered
into this Funding Agreement. The parties, having read and understood the foregoing terms of this
Funding Agreement, do by their respective signatures dated below agree to the terms thereof.
[Grantee] [IDEM]
By: _________________________________ By: _______________________________
_____________________________________ ___________________________________
Name and Title, Printed Name and Title, Printed
Date: _____________________________ Date: ___________________________
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Page 6 of 12
1/21
Attachment A:
Scope of Work
Duties of Grantee
1. Project Objective
The objective of this project is to provide Level 2 electric charging opportunities for vehicle owners in
and around the City of South Bend, Indiana.
2. Scope of Work
The Grantee shall do the following:
Task A: Purchase, Installation, Operation and Maintenance of Level 2 Electric Vehicle
Charging Equipment
The Grantee shall purchase, install and maintain Level 2 electric vehicle charging equipment
that meets all the technology and reporting requirements of the Indiana Statewide Electric
Vehicle Charging Network program. The Grantee, any successors, or assigns, shall own,
operate, and maintain the charging equipment, in addition to providing reporting data as
detailed in Task C of this Attachment, for a minimum of five (5) years following the start date
of fully operational equipment. This task shall include a minimum of the following:
1. The purchase, installation, operation and maintenance of one (1) Intertek or
Underwriter’s Laboratory certified compliant Level 2 electric vehicle charging
station to include at least two (2) SAE J1772 charging connections per station.
This electric vehicle charging station shall be networked with capability for
remote diagnostics, remote control of the equipment, collecting and reporting
usage data, and processing payments if fees are to be charged.
The Following Tasks are Non-Budgetary Items
Grantee shall provide the following services:
Task B: Electric Vehicle Charging Equipment and Network Coordination
1. Assist IDEM with identifying potential locations for additional charging
equipment if funding becomes available.
2. Assist IDEM with the preparation of documentation for IDEM to submit to
the Trustee, progress reports as detailed in Task C of this Attachment and
submittal a final report summarizing the results of the project.
Task C: Progress Reports
The Grantee understands that IDEM is responsible for regular reporting to the Trustee. As
such, the Grantee shall provide written progress reports as required in accordance with Section
4(C) of this Agreement unless requested otherwise. IDEM may request a progress report
Page 7 of 12
1/21
during project implementation as well as after achieving full operation of the charging
equipment. This report shall be due within ten (10) business days of IDEM request.
These progress reports will include, but are not limited to the following:
1. VW Project Funding Agreement number.
2. Physical location of electric vehicle charging equipment.
3. Completion status of project (i.e. 0% complete, 25% complete, 50% complete,
100% complete).
4. Electronic images of project location and charging equipment during
implementation.
Task D: Usage Data Reports
These usage data reports will include, but are not limited to the following:
1. Number of charging events.
2. Connect and disconnect times.
3. Start and end charge times.
4. Number of unique vehicles connected.
5. Total kWh dispensed per charging event.
6. Average kWh per charging event.
7. Peak power (kW) per event.
8. Peak power (kW) demand (kW) by month.
9. Average duration of charging events.
5. Percentage of station downtime.
Task E: Final Report
The Grantee shall submit a Final Report covering the successes and failures of this program
ten (10) business days before the expiration of this Agreement.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Page 8 of 12
1/21
Attachment B:
Project Budget
Grant Budget Details:
The Grantee is being awarded an amount not to exceed $9,000. This amount is to be paid to the
Grantee in arrears by the Trustee upon IDEM certification of fully complete and operational charging
equipment. These materials include submittal of invoice verifying purchase and installation of
equipment identified in Attachment A in addition to verification of Grantee cash match as a ratio of
award amount as detailed in the Project Budget below.
Project Budget
Description Grant Not to
Exceed Totals
Grantee No
Less than
Totals *
Project Total
Task A
The purchase, installation, operation and
maintenance of one (1) Intertek or Underwriter’s
Laboratory certified compliant Level 2 electric
vehicle charging station to include at least two (2)
SAE J1772 charging connections per station. This
electric vehicle charging station shall be
networked with capability for remote diagnostics,
remote control of the equipment, collecting and
reporting usage data, and processing payments if
fees are to be charged.
$9,000 $8,607 $17,607
Task B
$0 $0 $0
Task C
$0 $0 $0
Task D
$0 $0 $0
Task E
$0 $0 $0
TOTALS
$9,000 $8,607 $17,607
* In accordance with cash match commitments made in Funding Application, Grantee shall provide no
less than 10% of the Project Total.
Page 9 of 12
1/21
Attachment C: Project Schedule
Proposed Project Schedule
The Grantee shall perform the various duties outlined in the timeline in order to complete the program by
December 31, 2022. All schedule dates commence on the date of full Agreement execution.
Task Task Description Deliverable
Task A Locate appropriate vendors for intended
charging equipment installation
February – March
2021
Task A Coordinate and begin installation of charging
equipment
April 2021
Task A Project complete December 31, 2022
Task B (1) Assist IDEM with identifying potential locations
for additional charging equipment if funding
becomes available.
Ongoing
Task B (2)
Assist IDEM with the preparation of
documentation for IDEM to submit to the
Trustee, progress reports as detailed in Task C of
this Attachment and submittal a final report
summarizing the results of the project.
Ongoing
Task C The Grantee shall provide written progress
reports.
Ongoing
Task D Usage Data reports Ongoing
Task E Final report on project successes and failures December 31, 2022
Note: This schedule is subject to change due to purchase and/or installation schedules. Any deviation
from this schedule must be approved in writing by the state contact listed in Section 9(A).
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Page 10 of 12
1/21
Appendix A: DCFC and L2 Project Requirements
Direct-Current
Fast Charge
(DCFC) Sites
Level 2
(L2) Sites
Site Requirements
Located no more than one (1) road mile off roadways listed in
Appendix B of the original RFP. Exceptions may be
considered on a case-by-case basis provided the need for
these exceptions are clearly documented and supported.
•
Publicly visible, accessible, and available to drivers for
charging (24 hours a day, 7 days a week) • •
Sites must provide a safe, well-lighted area for users • •
Paved parking spaces to allow the maximum capacity of EVs
to be charged simultaneously • •
Appropriate signage on-site for drivers to locate charging
station from the site entrance • •
Clear signage and pavement stenciling that states the location
is for “Electric Vehicle Charging Only” • •
Equipment Requirements
DCFC site rated at a minimum of 100kW. This can be
accomplished by pairing two (2) 50kW stations in such a
manner that one (1) vehicle can obtain a minimum of 100kW
charging level, but the equipment will also charge two (2)
vehicles separately at a minimum of 50kW.
•
Each DCFC offers both CHAdeMo and SAE Combo/CCS
(Combo Charging System) compatible connectors •
Each Level 2 charger offers a J1772 compatible connector •
Charging equipment must be certified through the Nationally
Recognized Testing Laboratory (NRTL) program to
demonstrate compliance with appropriate product safety test
standards
• •
Page 11 of 12
1/21
Charging enclosure must be constructed for use outdoors in
accordance with UL50, Standard for Enclosures for Electrical
Equipment, NEMA, Type 3R exterior enclosure or equivalent
• •
A cord management system or method to eliminate potential
for cable entanglement, user injury and connector damage
from lying on the ground
• •
PAYMENTS, PRICING, & DATA
REQUIREMENTS
Universal payment system allowing multiple payment
methods to be used by charging drivers • •
Real-time pricing information displayed on the device or
payment screen •
Utilization of open standards including OCPP • •
Equipment is networked by Wi-Fi or cellular connection and
network hardware and software is maintained with the
capability for: remote diagnostics, remote start of the
equipment, collecting and reporting usage data, processing
payments, and tracking usage by the kilowatt-hour.
• •
Annual site utilization data collection • •
SPONSOR/VENDOR REQUIREMENTS
Make every effort to educate the general public of the
existence of the new charging site including registering the
site on a station locator
• •
Customer service support is available by telephone 24 hours a
day and 7 days a week and is clearly posted to assist
customers with difficulties accessing or operating the
equipment
•
Customer service support is available by telephone from 6am
to 6pm, Monday through Saturday and is clearly posted to
assist customers with difficulties accessing or operating the
equipment
•
Site development, project installation, and maintenance shall
comply with all applicable laws, ordinances, regulations, and
standards, including, but not limited to, the Americans with
Disabilities Act (ADA).
• •
Page 12 of 12
1/21
Equipment has at least a 5-year warranty with the option of
additional ongoing maintenance and support with an uptime
guarantee on the equipment of 95% or greater for the full
lifetime of the charging station
• •
Should repair be necessary, chargers shall be fully operating
within 72 hours of equipment issue/breakdown to ensure a
95% annual uptime guarantee.
•
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date May 5, 2021
Name Leslie Biek, PE Department PW
BPW Date May 11, 2021 Phone Extension
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Clara McDaniel
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name EPA
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name EV Charger Installation
Project Number 121-011
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Grant with the EPA for reimbursable costs up to $9,000 to purchase and
install an EV charger.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: