HomeMy WebLinkAboutItem 4.07 CaEnergyBatteryBackup CITY CLERK FILE # 600-50
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 1, 2002
SUBJECT: Agreement with California Energy Commission for Battery Backup
System (BBS) Grant Funds
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution Approving Agreement
2) Budget Change Form (New Revenue Source)
3) Agreement
RECOMMENDATION: ~L/' 2 I~/Q ~ 1~) Adopt resolution approving agreement
<~ Approve budget change
FINANCIAL STATEMENT: The total Capital Improvement Project budget for installation of
Traffic Signal Battery Backup Systems at eight intersections is
$146,150. The approved grant, which funds 70% of the cost of the
battery backup units only, is for $22,400. The project is budgeted in
the General Fund with the expectation of receiving partial funding
through this grant. The net effect of the project to the General Fund
is $123,750.
DESCRIPTION: On May 21, 2002, the City Council authorized Staffto apply for
grant funding toward the cost of battery backup systems (BBS) for several major intersections. Staff has
received notification that this grant funding has been approved. The California Energy Commission has
provided an agreement containing terms and conditions that will be applied to the grant. This agreement
has been reviewed and approved by the City Attorney's office. The deadline date to remm the agreement
to the Energy Commission is October 3rd.
The traffic signal battery backups area safety feature proposed for eight of the City's more heavily
traveled intersections. These units will allow the intersections to continue to operate for approximately
two hours in the event of a power failure.
As noted in the Financial Statement above, the total budget for the Capital Improvement Project is
$146,150. This project includes converting all of the yellow indications, pedestrian "walk" indications,
and programmed visibility signal heads to light emitting diodes (LED) at the subject intersections so that
the signals will be fully functional when running on battery power. Other costs include advertising,
COPIES TO:
ITEM NO. __~
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markup and labor costs, and contract inspection thrOugh Alameda County. The grant funding is calculated
as follows:
Total maximum cost allowed for battery backup units (material only) $ 4,000
Multiplied by 8 intersections x 8
Total BBS cost: $32,000
x 70%
Maximum grant funding at 70% of cost: $22,400
The eight intersections proposed to receive BBS units are:
Dublin Boulevard/San Ramon Road
Dublin Boulevard/Regional Street
Dublin Boulevard/Vil~e Parkway
Dublin Boulevard/Dougherty Road
Hacienda Drive/Hacienda Crossings
Dublin Boulevard/Tassajara Road
Amador Valley Boulevard/San Ramon Road
Amador Valley Boulevard/Village Parkway
The existing BBS at Dublin Boulevard/Hacienda Drive currently operates in flashing red mode and is
proposed to be converted to full operation; however, the grant will not fund improvements to existing BBS
systems.
The agreement outlines a number of conditions relating to contract compliance with certain State and
Federal laws that are already a standard part of the City's bid documents. In addition, there are quarterly
reporting requirements regarding the stares of the project, and a final report required at the end.
Staff is proceeding to develop plans and specifications for the work. The project cannot be advertised until
this agreement has been signed by both parties.
Staff recommends that the City Council adopt the resolution approving the agreement and approve the
budget change form (new revenue source).
RESOLUTION NO. - 2002
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH
CALIFORNIA ENERGY COMMISSION
FOR GRANT FUNDING
WHEREAS, in May of 2002, the Dublin City Council approved application for grant funding
related to traffic signal battery backup systems; and
WHEREAS, the California Energy Commission has notified the City that the grant funding has
been approved; and
WHEREAS, the California Energy Commission requires that an agreement be executed whiCh
contains terms and conditions for the grant;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the
agreement for Grant Number BBS-02K-026, the term of said agreement being from August 14, 2002, to
August 31, 2003.
~ BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 1 st day of October, 2002. ~
AYE S:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
gAmiscproj~bbs[reso cec agrt
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
__ From Unappropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
(If Other than General Fund, Fund No - Within Same Department Activity
x From New Revenues Between Departments (City Council Approval Required)
Other
Name: Name: California Energy Commission Grant $22,400.00
Account #: 001-555-016
Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
ASD/Fin Mgr '/--~.~_~c( ~'L----r.~~ Date:
Signature
REASON FOR BLrDGET CHANGE ENTRY: Establish new revenue account for grant funding related to
Traffic Signal Battery Backup Capital Improvement Project.
City Manager: Date:
Signature
As approved at the City Council Meeting on: Date:
Mayor: Date:
Signature
Posted By: Date:
Signature
GAFREDWORDIBudget Change Form battery backup grant.doc
STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION
~RAN~' AGREEMENT
CEC t46 (Rev. 7/91)
This agreement is official notification of a grant award from the California Energy Commission. The attachments listed below are
incorporated as part of this grant agreement.
RECIPIENT GRANT NUMSER
City of Dublin BBS-02K-026
ADDRESS TERM
100 Civic Plaza, Dublin, CA 94568 8/14/02 - 8/31/03
CEC PROJECT MANAGER =HONE
California Energy Commission, David Rubens (916) 651-9857
ADDRESS
1516 9th St.-MS-26, Sacramento, CA 95814
PROJECT DESCRIPTION
This project involves the installation of New Battery Backup Systems (BBS) for traffic signals using light
emitting diodes (LED).
CEC: $ 22,400.00
PROGRAM I =UND TITLE
Battery Backup Systems for Traffic Control I Renewable Energy Loan Loss
Reserve Fund
AMOUNT ENOUMBERED 'TENt I CHAPTER STATUTE FISCAL YEARo 2/03
$ 22,400.00 3360-601-8100 6XX 01
MATOH SHARE PURPOSE OF EXPENDITURE
$118,900.00 Matching Grant Program to Provide Battery Backup for Traffic Control Signal
TOTAL OPTIONAL USE
$141,300.00 4400-702-44011
I hereby certify upon my own personal knowledge that budgeted funds are available for the pedod and purpose stated above
SIGNATUREOFACOOUNTING¢~ (~/~%.(~ ,'~ ('~
The undersigned parties have read the a~chmen~s to t is~greement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION RECIPIENT
ATTACHMENTS TITLE
1. Terms and Conditions
2. Work Statement
3. Budget GRANT NOT SUBJECT TO DGS APPROVAL
4. Resolution PER ATTORNEY GENERAL OPINIONS
5. Special Conditions '
GL-36
TERMS AND CONDITIONS
FOR BATTERY BACKUP SYSTEM GRANTS
AWARD # BBS - 02K- 026
TERMS AND CONDITIONS
TABLE OF CONTENTS
SECTION PAGE NO.
1. Grant Agreement ....................................................................................................................... 1
2. AttacN'nenrs and References ..................................................................................................... 1
3. Funding Limitations .................................................................................................................. 2.
4. Due Diligence ............................................................................................................................ 2
5. Products ..................................................................................................................................... 2
6. Reports ....................................................................................................................................... 2
7. Legal Statement on Reports and Products ................................................................................ 4
8. Amendments ............................................................................................................................. 4
9. Contracting and Procurement Procedures ................................................................................ 4
10. Bonding and Insurance .............................................................................................................. 5
11. Permits and Clearances ............................................................................................................. 6
12. Equipment ......................................................................................... : ....................................... 6
13. Termination ............................................................................................................................... 6
14. Travel and Per Diem ................................................................................................................. 6
15. License ....................................................................................................................................... 7
16. Standard of Performance ........................................................................................................... 8
17. Payment of Funds ...................................................................................................................... 8
18. Fiscal Accounting Requirements ............................................................................................ 10
19. Indemnification ....................................................................................................................... 11
20. Disputes ............................................................................................................................... '.... 11
21. Workers' Compensation Insurance ......................................................................................... 13
22, General Provisions .................................................................................................................. 13
23. Certifications & Compliance .................................................................................................. 15
AWARD # BBS - 02K - 026
TERMS AND CONDITIONS
1. Grant Agreement
This project is being funded with a grant ~from the California Energy Commission
(Commission). Funding for this project was authorized by Senate Bill No. 84XX,
Chapter 6, Statutes of 2001, and consists of funds from the Renewable Energy Loan Loss
Reserve Fund.
This Agreement is comprised of the grant funding award, the Terms and Conditions, and all
attachments. These Terms and Conditions are standard requirements for grant awards. The
Commission may impose additional special conditions in this grant Agreement which
address the unique ctmumstances of this project. Special conditions that conflict with these
standard provisions take precedence.
The Recipient shall sign all six copies of this Agreement and return five signed packages to
the Commission's Grants and Loans Office within 30 days. Failure to meet this requirement
may result in the forfeiture of this award. When all required signatures are obtained, an
executed copy will be returned to the Recipient.
Commission-funded work cannot begin prior to the Agreement term date. This Agreement
is not effective until it is signed by all parties.
2. Attachments and References
The following are attached and hereby expressly incorporated into this Agreement.
· Work Statement.
· Budget.
· Resolution of'the Recipient or Local Jurisdiction Governing Body (if applicable).
Resolution 0fthe California Energy Commission (if applicable).
· Special Conditions
The Office of Management and Budget (OMB) Circular identified below is incorporated by
reference as part of this Agreement. These Terms and Conditions and any Special
Conditions take precedence over the circulars and/or regulations. The OMB Circular is used
to help guide the administration of the award when questions arise during the course of
performance of the award. The Conmaission reserves the right to use as much or as little of
each circular or regulation it deems necessary to administer the award in good faith and
consistent with prudent fiscal management of public funds. OMB Circulars may be
accessed on the OMB web site at www.whitehouse.gov/omb/circulars/index.html or by
calling the Office of Administration, Publications Office, at (202) 395-7332.
· OMB Circular A-87: Cost Principles for State, Local and Tribal Governments.
BBS~T&C Non Fed Grant Boilerplate-rev.3-29-02 1 08/22/02
' ' AWARD # BBS - 02K - 026
3. Funding Limitations
Any federal, state, and local laws and regulations applicable to your project not expressly
listed in this A~eernenr are incorporated herein as part of this Agreement.
4. Due Diligence
The Recipient is required to take timely actions which, taken collectively, move this project
to completion. The Commission Project Manager will periodically evaluate the schedule for
completion of Work Statement tasks. If the Comn-fission Project Manager determines (1)
the Recipient is not being diligent in completing the tasks in the Work Statement or (2) the
time remaining in the funding award is insufficient to complete all project work tasks not
later than the Agreement term date, the Project Manager may recommend to the Policy
Committee of the Commission (Committee) that this Agreement be terminated, and the
Committee may, without prejudice to any of its remedies, terminate this Agreement.
5. Products
Products are defined as any tangible item specified in the Work Statement. Unless
otherxvise directed, draft copies of all products identified in the Work Statement shall be
submitted to the Commission Project Manager for review and comment. The Recipient
will subnqit an original and two copies of the final version of all products to the
Conmfission Project Manager.
6. Reports
a. Progress Reports
The Recipient shall submit progress reports to the Commission Project Manager as
indicated in the Special Conditions or Work Statement. At a minimum, each
progress report shall include the following:
Work Statement: This section should include a brief restatement of the approved
tasks in the Work Statement and a report on the status of each. Included should be a
discussion of any products due and whether or not the project is progressing
according to schedule. This section also should include a discussion of any problems
encountered, proposed changes to the tasks in the Work Statement, and anticipated
accomplishments in the upcoming quarter.
Financial Status: This section should include a narrative report comparing costs to
date with the approved Budget. The report should state whether or not the project is
progressing within the approved Budget and discuss any proposed changes.
Additional Information: Additional information required in .the progress reports
may be specified in the Work Statement or Special Conditions.
I3BS-T&C Non Fed Grant Boilerplate-rev.3-29-02 2 08/22/02
AWARD # BBS - 02K - 026
b. Final Reports
A draft final report shall be submitted to the Commission Project Manager no later
than 60 days prior to the end of the Ageement term. At a minimum, the report shall
include:
· Table of Contents.
· Abstract.
· A brief summary of the objectives of the project and how these objectives
~vere accomplished.
· Any findings, conclusions, or recommendations for follow-up or ongoing
activities that might result from the successful completion of the project.
· A statement of future intent of the grant Recipient to maintain or further
develop the project.
· A Payment Request form for the final payment (including any retention).
· Any additional information specified in the Work Statement or Special
Conditions.
The Commission Project Manager will review the draft report. The Recipient will
incorporate applicable comments and submit the final report (the original and two
copies) to the Commission Project Manager.
Upon receipt of the final report, the Commission Project Manager shall ensure that
all work has been satisfactorily completed.
c. Rights in Reports
The Commission reserves the fight to use and reproduce all reports and data
produced and delivered pursuant to this Agreement, and reserves the fight to
authorize others to use or reproduce such materials. Each report becomes the
property of the Commission
d. Failure to Comply with Reporting Requirements
Failure to comply with the reporting requirements contained in this award will be
considered a material noncompliance with the terms of the award. Noncompliance
may result in ~vithholding of future payments, suspension or termination of the
current award, and withholding of future awards. A willful failure to perform, a
history of failure to perform, or unsatisfactory performance of this and/or other
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 3 08/22/02
AWARD # BBS - 02K - 026
financial assistance awards, may also result in a debarment action to preclude future
awards.
7. Legal Statement on Reports and Prodacts
No product or report produced as a' result of work funded by this program shall be
represented to be endorsed by the Commission, and all such products or reports shall
include the following statement:
LEGAL NOTICE
This document ;vas prepared as a result of work sponsored by the California Energy
Conmfission. It does nor necessarily represent the views &the Energy Commission, its
employees, or the State of California. The Commission, the State of California, its
employees, contractors, and subcontractors make no ;varranty, express or implied, and
assume no legal liability for the information in this document; nor does any party represent
that the use of this information will not infringe upon privately owned rights.
& Amendments
Changes to the Work Statement, changes to specific line items in the budget, or both, may
be made under certain conditions. Such changes must not alter the original scope or purpose
of the project or program as proposed in the grant application. Such changes must not
appreciably affect the value of the project or program. Work Statement changes and/or
cumulative transfers among budget line items that exceed 10 percent of the grant award
require advance ~vritten approval of the Commission Project Manager and Grants and Loans
Office. All requests must be submitted directly to the Commission Project Manager in
writing and include a description of the proposed change, revised attachment(s), and the
reasons for the change. If the change is approved, the affected sections of the Agreement
will be amended and signed by the Commission Project Manager, Grants and Loans Office,
and the Recipient's author/zed representative.
9. Contracting attd Procurement Procedures
This section provides general requirements for an agreement between the Recipient and a
third party ("subcontractor").
The Recipient is required, where feasible, to employ contracting and procurement practices
that promote open comPetition for all goods and services needed to complete this project.
Recipient shall obtain price quotes from an adequate number of sources for all subcontracts.
Subcontracting criteria are specified in the applicable OMB Circulars and/or federal
regulations incorporated by reference in this Agreement. The Commission will defer to the
Recipient's own regulations and procedures as long as they reflect applicable state and local
laws and regulations and are not in conflict with the minimum standards specified in this
Agreement and any OMB Circulars and/or federal regulations incorporated by reference in
this Agreement.
BBS-T&C Non Fed Grant Boi: :rplate-rev.3-29-02 4 08/22/02
' ' AWARD # BBS - 02K - 026
Upon request, the Recipient must submit to the Commission Project Manager a copy of all
solicitations for services or products required to carry out the terms of this Agreement,
copies of the proposals or bids received, and copies of subcontracts executed. If a specific
subcontractor was identified in the original grant application and the grant was evaluated
based in part on this subcontractor's qualifications, then prior written approva! from the
Commission Project Manager is required before substituting a new subcontractor.
The Recipient is responsible for handling all contractual and administrative issues arising
out of or related to any subcontracts it enters into under this Agreement.
All subcontracts must incorporate all of the folloxving:
· A clear and accurate description of the material, products, or services to be procured
as well as a detailed budget and timeline.
· Provisions which allow for administrative, contractual, or legal remedies in
instances where subcontractors violate or breach contract terms, and provide for
such sanctions and penalties as may be appropriate.
· Provisions for termination by the Recipient including termination procedures and
the basis for settlement.
· Language conforming to the "Nondiscrimination" provision in this Agreement.
· Any additional requirements specified in the OMB Circulars incorporated by
reference in this Agreement.
· The Standard of Performance provisions specified in this Agreement.
Audit provisions regarding record retention specified in this Agreement.
· Language conforming to the "Indemnification" provision in this Agreement.
· Lang,/age conforming to the "License" provision in this Agreement.
Failure to comply with the above requirements may result in the termination of this
Agreement.
10. Bonding and Insurance
The Recipient will follow its own bonding and insurance requirements relating to bid
guarantees, performance bonds, and payment bonds without regard to the dollar value of the
subcontract(s) as long as they reflect applicable state and local laws and regulations and are
not in conflict with the minimum standards specified in the OMB Circulars incorporated by
reference in this Agreement.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 5 08/22/02
AWARD # BBS - 02K - 026
I1. Permits and Cleara~tces
The Recipient is responsible for ensuring all necessary permits and environmental
documents are prepared and clearances are obtained from the appropriate agencies.
12. Equipment
Title to equipment acquired by the Recipient with grant funds shall vest in the Recipient.
The Recipient shall use the equipment in the project or program for which it was acquired
as long as needed, ~vhether or not the project or program continues to be supported by grant
fitnds and shall not encumber the property without Commission Project Manager approval.
When no longer needed for the original project or pro,am, the Recipient shall contact the
Commission Project Manager for disposition instructions.
Recipient should refer to the OMB Circulars and/or federal regulations incorporated by
reference in this Agreement.
13. Tertnination
This project may be terminated for any reason set forth belo~v.
a. With Cause
In the event of any breach by the Recipient of the conditions set forth in this
Agreement, the Commission Policy Committee may, without prejudice to any of its
legal remedies, terminate this Agreement for cause upon five (5) days written notice
to the Recipient.
b, Without Cause
The Commission Policy Committee may, at its option, terminate this Agreement
without cause in whole or in part, upon ~ving tlzirty (30) days advance notice in
writing to the Recipient by certified mail, return receipt requested. In such event, the
Recipient agrees to use all reasonable efforts to mitigate the Recipient's expenses
and obligations hereunder. Also in such event, the Commission shall pay the
Recipient for all satisfactory services work performed and expenses incurred within
30 days after such notice of tenrtination which could not by reasonable efforts of the
Recipient have been avoided, but not in excess of the maximum payable under this
Agreement.
14. Travel and Per Diem
For purposes of payment, Recipient's headquarters shall be considered the location of the
Recipient's office where the employees assigned responsibilities for this award are
permanently assi~ed. Travel expenditures not listed in this section cannot be reimbursed.
BBS-T&C Non Fed Grant Boil erplate-rev.3-29-02 6 08/22/02
Travel not listed in the Budget section of this Agreement shall require prior written
authorization from the Commission Project Manager. Recipient shall be reimbursed for
authorized travel and per diem up to, but not to exceed, the rates allowed nonrepresented
state employees. A copy of the current allowable reimbursement rates can be obtained by
contacting the Coffin-fission's Grants and Loans O f'fice at (916) 654-4381.
Travel expense claims must detail expenses using the allowable rates, and Recipient must
sign and date the travel expense claim before submitting the travel expense claim to the
Commission for payment. Expenses must be listed by trip including dates and times of
departure and return. Travel expense claims and supporting receipts and expense
documentation shall be attached to the Recipient's Payment Request. A vehicle license
number is required when claiming mileage, parldng, or toll charges. Questions regarding
allowable travel expenses or per diem should be addressed to the Commission Project
Manager.
15. License
The Commission shall be granted a no-cost, nonexclusive, nontransferable, irrevocable
~vorldwide license to use or have practiced for or on behalf of the State of California
inventions developed hereunder and patents or patent applications derived fi'om such
inventions. Recipient must obtain agreements to effectuate this clause with all persons or
entities obtaining ownership interest in the patented subject inventions.
The Commission makes no claim to intellectual property that existed prior to this
Agreement and was developed without Commission funding. If applicable, the Recipient
gives notice that the items listed in the Intellectual Property attachment or exhibit have been
developed without Commission funding and prior to the start of this Agreement. This list
represents a brief description of the prior developed intellectual property. A detailed
description of the intellectual property, as it exists on the effective date of this Agreement,
may be necessary if Commission funds are used to further develop the listed intellectual
property. This information will assist the parties to make an informed decision regarding
intellectual property rights.
The Commission shall be granted the no-cost use of the technical data first produced or
specifically used in the performance of this Agreement.
The Commission shall be granted a royalty-free nonexclusive, irrevocable, nontransferable
worldwide license to produce, translate, publish, use and dispose of, and to authorize others
to produce, translate, publish, use and dispose of all copyrightable material first produced or
composed in the performance of this Agreement.
BBS-'I'&C Non Fed Grant Boilerplate-rev.3-29-02 7 08/22/02
AWARD # BBS - 02K - 026
16. Standard of Perforntance
Recipient, its subcontractors and their employees, in the performance of Recipient's work
under this award shall be responsible for exercising the degree of skill and care required by
customarily accepted good professional practices and procedures used in the Recipient's
field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work
that requires re-perfom~ance of the work, as directed by Commission Project Manager, shall
be borne in total by Recipient'and not the Commission. The failure of a project to achieve
l~he performance goals and objectives stated in the Work Statement is not a basis for
requesting re-performance unless the work conducted by Recipient and/or its subcontractors
is deemed by the Cornmission to have failed the foregoing standard of performance.
In the event Recipient/subcontractor fails to perform in accordance with the above standard:
(1) Recipient/subcontractor will re-perform, at its own expense, any task which was not
performed to the reasonable satisfaction of the Commission Project Manager. Any
work re-performed pursuant to this paragraph shall be completed within the time
limitations originally set forth for the specific task involved. Recipient/subcontractor
shall work m~y overtime required to meet the deadline for the task at no additional
cost to the Commission;
(2) The Commission shall provide a new schedule for the re-performance of any task
pursuant to this paragraph in the event that re-performance of a task within the
original time limitations is nor feasible; m~d
(3) The Commission shall have the option to direct Recipient/subcontractor not to re-
perform any task which ,,vas not performed to the reasonable satisfaction of the
Commission Project Manager pursuant to application of (1) and (2) above. In the
event the Commission directs Recipient/subcontractor not to re-perform a task, the
Commission and Recipient shall negotiate a reasonable settlement' for satisfactory
work performed. No previous payment shall be considered a waiver of the
Commission's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the
Commission may have under law.
17. Payment of Funds
a. Payment Requests
The Recipient may request payment from the Commission at any time during the
term of this Agreement although it is preferred that payment requests be submitted
with the progress reports.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 8 08/22/02
AWARD # BBS - 02K - 026
Payments will generally be made on a reimbursement basis for Recipient
expenditures, i.e., after the Recipient has paid for a service, product, supplies, or
other approved budget item. No reimbursement for food or beverages shall be made
other than allowable per diem charges.
As a general rule, advance payments are not allowed. The Commission, at its sole
discretion, may honor advance payment requests if warranted by compelling need.
Advance payments shall only be made upon the satisfaction of conditions intended
to protect gq'ant funds from loss or misuse, including (1) depositing all advance
payments into a separate interest-earning account; (2) reporting interest earned on
advance pa3qnents to the Commission Project Manager; (3) the accounting of all
advance payments within a timeframe specified by the Grants and Loans Office; (4)
retunfing all unused advance payments and interest or portion thereof, within 60
days of the termination of this Agreement; and (5) other conditions as specified by
the Grants and Loans Office.
Funds in this award have a limited period in which they must be expended. Al1
Recipient expenditures must occur prior to the end of the term of this Agreement.
b. Documentation
All payment requests must be submitted using a completed Payment Request form
(Exhibit A). This form must be accompanied by an itemized list of all charges and
copies of all receipts or invoices necessary to document these charges for both
Commission and match share. Any payment request that is submitted without the
itemization will not be authorized. If the itemization or documentation is
incomplete, inadequate, or inaccurate, the Commission Project Manager will inform
the Recipient and hold the invoice until all required information is received or
corrected. Any penalties imposed on the Recipient by a subcontractor because of
delays in payment will be paid by the Recipient.
c. Release of Funds
The Commission Project Manager will not process any payment request during the
Agreement term until the following conditions have been met:
All required reports have been submitted and are satisfactory to the
Commission Project Manager.
· All applicable special conditions have been met.
All a~propriate pemfits or permit waivers from governmental agencies have
been issued to the Recipient and copies have been received by the
Cormnission Project Man ager.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 9 08/22/02
· All products due have been submitted and are satisfactory to the
Commission Project Manager.
· Other prepayment conditions as may be required by the Commission Project
.Manager have been met. Such conditions will be specified in writing ahead
of time, if possible.
d. Retention
It is the Conmqission's policy to retain 10 percent of any payment request or 10
percent of.the total Commission award at the end of the project. After the project is
complete the Recipient must submit a completed payment request form requesting
release of the retention. The Commission Project Manager will review the project
file and, when satisfied that the terms of the funding Agreement have been fulfilled,
will authorize release of the retention.
e. State Controller's Office
Payments are made by the State Controller's Office.
l& I~¥scal Accounting Requirements
The Recipient shall review and comply with the administrative requirements outlined in the
applicable sections of the OMB circulars and/or federal regulations incorporated as part of
the funding Agreement. The OMI3 circulars and/or federal regulations are supplemented
with the following requirements:
a. Accounting and Financi al Methods
The Recipient shall establish a separate ledger account or fund for receipt and
disbursement of Cormziission funds for each project funded by the Commission.
Expenditure details must be maintained in accordance with the approved budget
details using appropriate accounting practices.
b. Retention of Records
The Recipient shall retain all project records (including financial records, progress
reports, and payment requests) for a minimum of three (3) years after the project has
been formally concluded, or final payment received, whichever is later, unless
otherwise specified in the funding Agreement.
Records for nonexpendable personal property acquired with grant funds shall be
retained for three years after its final disposition.
BBS-T&C Non Fed Grant Boilerplate-rcv.3-29-02 l 0 08/22/02
c. Audits
Upon written request from the Commission, the Recipient shall provide detailed
documentation of all expenses at any time throughout the project. In addition, the
Recipient agrees to allow the Commission or any other agency of the state, upon
written request, to have reasonable access to and the right of inspection of all
records that pertain to the project during the term of this Agreement and for a period
of three (3) years thereafter. Further, the Recipient agrees to incorporate an audit of
this project within any scheduled audits, when specifically requested by the state.
Recipient agrees to include a similar fight to audit in any subcontract.
Recipients m'e strongly encouraged to conduct annual attdits in accordance with the
single audit concept. The Recipient should provide two copies of the independent
audit report and any resulting comments and correspondence to the Commission
Project Manager within 30 days of the completion of such audits.
d. Match or Cost Share (match)
If the Budget includes match, the Recipient's commitment of resources, as described
in this Agreement, is a required expenditure for receipt of Commission funds. Grant
funds will be released only if the required match percentages are expended. The
Recipient must maintain accounting records detailing the expenditure of the match
(actual cash and in-kind services) and provide complete documentation of
expenditures as described under "Payment of Funds."
19. Indemnification
The Recipient agrees to indemnify, defend, and save harmless the state, its officers, agents,
and employees from any and all claims and losses accruing or resulting to Recipient and to
any and all contractors, subcontractors, materialmen, laborers, and any other person, firm, or
corporation furnishing or supplying work, services, materials, or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm, or corporation ~vho may be injured or damaged by the
Recipient in the performance of this Agreement.
20. Disputes
In the event of a dispute or grievance between Recipient and the Commission regarding this
Agreement, the following two-step procedure shall be followed by both parties. Recipient
shall continue with responsibilities under this Agreement during any dispute.
a. Commission Dispute Resolution
The Recipient shall first discuss the problem informally with the Commission
Project Manager. If the problem cannot be resolved at this stage, the Recipient must
direct the grievance together with any evidence, in writing, to the Commission
Grants and Loans Officer. The grievance-must state the issues in the dispute, the
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 1 1 08/22/02
AWARD # BBS - 02K - 026
legal attthority or other basis for the Recipient's position and the remedy sought. The
Commission Grants and Loans Officer and the Program Office Manager must make
a determination on the problem within ten (10) working'days after receipt of.the
~vritten communication from the Recipient. The Grants and Loans Officer shall
respond in writing to the Recipient, indicating a decision supported by reasons.
Should the Recipient disa~ee with the Grants and Loans Officer decision, the
Recipient may appeal to the second level.
The Recipient must prepare a letter indicating why the Grants and Loans Officer's
decision is unacceptable, attaching to it the Recipient's original statement of the
dispute with supporting documents, along with a copy of the Grants and Loans
Officer's response. This letter shall be sent to the Executive Director at the
Commission within ten (10) working days from'receipt of the Grants and Loans
Officer's decision. The Executive Director or designee shall meet with the Recipient
to review the issues raised. A written decision signed by the Executive Director or
designee shall be returned to the Recipient within twenty (20) working days of
receipt of the Recipient:s letter. The Executive Director may exercise the option of
presenting the' decision to the Commission at a business meeting. Should the
Recipient disagree with the Executive Director's decision, the Recipient may appeal
to the Commission at a regularly scheduled business meeting. Recipient will be
provided with the current procedures for placing the appeal on a Commission
Business Meeting Agenda.
b. Mutual Agreement for Arbitration
Should the Commission's Dispute Resolution procedure described above fail to
resolve a dispute or grievance to the.satisfaction of the Recipient, either party may
seek to have the dispute or grievance resolved through binding arbitration. Both
parties must consent before submitting the dispute to arbitration. The arbitration
proceeding shall take place in Sacramento County, California, and shall be governed
by the commercial arbitration rules of the American Arbitration Association (AAA)
in effect on the date the arbitration is initiated. The dispute or grievance shall be
resolved by one (1) arbitrator who is an expert in the particular field of the dispute
or grievance. The arbitrator shall be selected in accordance with the aforementioned
commercial arbitration rules. If arbitration is mutually decided by the parties,
arbitration is in lieu of any court action and the decision rendered by the arbitrator
shall be final (not appealable to a court through the civil process). However,
judgement may be entered upon the arbitrator's decision and is enforceable in
accordance with the applicable law in any court having jurisdiction over this
Agreement. The demand for arbitration shall be made no later than six (6) months
after the date of the termination of this Ag-reement, irrespective of when the dispute
or grievance arose, and irrespective of the applicable statute of limitations for a suit
based on the dispute or grievance.
[]BS-T&C Non Fed Grant Boilerplate-rev.3-29-02 1 2 08/22/02
AWARD # BBS - 02K - 026
The cost of arbitration shall be borne by the parties as follows:
i) The AAA's administrative fees shall be borne equally by the parties;
ii) The expense of a stenographer shall be borne by the party requesting a
stenographic record;
iii) Witness expenses for either side shall be paid by the party producing the
witness;
iv) Each party shall bear the cost of its own travel expenses;
v) All other expenses shall be borne equally by the parties, unless the arbitrator
apportions or assesses the expenses otherwise as part of his or her award.
At the option of the parties, any or all of these arbitration costs may be deducted
from any balance of Agreement funds. Both parties must agree, in writing, to utilize
Agreement ftmds to pay for arbitration costs.
If the parties do not mutually agree to binding arbitration, the sole forum to resolve
the dispute is State court.
21. Vr'orkers' Compensation Inst~rance
a. Recipient hereby warrants that it carries Worker's Compensation Insurance for all of
its employees who will be engaged in the performance of this Agreement, and
agrees to furnish to the Commission Project Manager satisfactory evidence of this
insurance at any time the Commission Project Manager may request.
b. If Recipient is self-insured for worker's compensation, it hereby warrants such self-
insurance is permissible under the laws of the State of California and agrees to
furnish to the Commission Project Manager satisfactory evidence of this insurance
at any time the Commission Project Manager may request.
22. General Provisions
a. Governing Law
It is hereby cmderstood and agreed that this Agreement shall be governed by the
laws of the State of California as to interpretation and performance.
b. Independent Capacity
The Recipient, and the agents and employees of the Recipient, in the performance of
this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State of California.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 13 08/22/02
AWARD # BBS ~ 02K - 026
c. Assig-nment
Without the written consent of the Commission in the form of a formal written
amendment, this Agreement is not assig~nable or transferable by Recipient either in
whole or in part.
d. Timeliness
Time is of the essence in this Agreement.
e. Unenfm'ceable Provision
In the event that any provision of this Agreement is unenforceable or held to be
unenforceable, then the parties agree that all other provisions of this Agreement
have force and effect and shall not be affected thereby.
f. Waiver
No waiver of any breach of this Agreement shall be held to be a waiver of any other
or subsequent breach. All remedies afforded in this Agreement shall be taken and
construed as cumulative, that is, in addition to every other remedy provided therein
or by law.
g. Assurances
The Commission reserves the right to seek further written assurances from the
Recipient and. its team that the work of the project under this Agreement will be
performed consistent with the terms of the Agreement.
h. Change in Business
(1) Recipient shall promptly notify the Commission of the occurrence of each
of the following:.
(a) A change of address.
(b) A change in the business name or ownership.
(c) The existence of any litigation or other legal proceeding affecting the
project.
(d) The occurrence of any casualty or other loss to Project personnel,
equipment or third parties of a type commonly covered by insurance.
(e) Receipt of notice of any claim or potential claim against Recipient
for patent, copyright, trademark, service mark and/or trade secret
infringement that could affect the Commission's rights.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 14 08/22/02
AWARD # BBS - 02K - 026
(2) Recipient shall not change or reorganize the type of business entity under
~vhich it does business except upon prior written notification to the
Cominission. A change of business entity or name change requires an
amendment assigning or novating the Agreement to the changed entity. In
the event the Commission is not satisfied that the new entity can perform as
the original Recipient, 'the Commission may terminate this Agreement as
provided in the termination paragraph.
i. Survival of Terms
It is understood and' agreed that certain provisions shall survive the completion or
termination date of this Agreement for any reason. The provisions include, but are
not limited to:
· "Pa3qnents o f Funds"
· "Equipment"
· "Change in Business"
· "Disputes"
· "Termination"
· "Audit"
· "Indemnification"
· "License"
· "Fiscal Accounting Requirements"
23. Certifications& Compliance
a. Federal, State & Local Laws
Recipient shall comply with all applicable federal, state and local laws, rules and
regulations.
b. Nondiscrimination Statement of Compliance
During the performance of this Agreement, Recipient and its subc6ntractors shall
not unlawfully discriminate, harass or allow harassment, against any employee or
applicant for employment because of sex, sexual orientation, race, color, ancestry,
religious creed, national origin, disability (including HIV and AIDS), medical
condition (cancer), age, marital status, and denial of family care leave. Recipient
and its subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free of such discrimination and
harassment. Recipient and its subcontractors shall comply with the provisions of
the Fair Employment and Housing Act (Government Code Sections 12990 et seq.)
and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the
Fair Employment and Housing Commission implementing Government Code
Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
BBS-T&C Non Fed Grant Boilerplate-rev. 3-29-02 1 5 08/22/02
AWARD # BBS - 02K - 026
California Code of Regulations are incorporated into this Agreement by reference
and made a part of it as if set forth in full. Recipient and its subcontractors shall
give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other Agreement.
The Recipient shall include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under this Agreement.
c. Drug Free Workplace Certification
By si=o-ning this Agreement, the Recipient hereby certifies under penalty of perjury
under the laws of the State of California that the Recipient will comply with the
requirements of the Drug-Free Workplace Act of 1990 (Government. Code Section
8350 et seq.) and will provide a drug-free workplace by taking the following
actions:
i) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations as required by Government Code Section 8355(a).
ii) Establish a Drug-Free Awareness Program as required by Government Code
Section 8355(b) to inform employees about all of the following:
· The dangers of drug abuse in the workplace;
· The person's or organization's policy of maintaining a drug-free
workplace;
· Any available counseling, rehabilitation, and employee assistance
programs; and
· Penalties that may be imposed upon employees for drug abuse
violation s.
iii) Provide, as required by Government Code Section 8355(c), that every
employee who works on the proposed project:
· Will receive a copy of the company's drug-free policy statement;
· Will agree to abide by the terms of the company's statement as a
condition of employment on the project.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both, and the Recipient
may be ineligible for any fiXure state awards if the Commission determines that any
of the following has occurred: (1) the Recipient has made false certification, or (2)
violates the certification by failing to carry out the requirements as noted above.
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 16 08/22/02
AWARD # BBS - 02K - 026
Recycling Certification
The Recipient shall certify in writing under penalty of perjury, the minimum, if not
exact, percentage of recycled content, both post consumer waste and secondary
waste as defined in the Public Contract Code, Sections 12161 and 12200, in
materials, goods, or supplies offered or products used in the performance of this
Agreement, regardless of whether the product meets the required recycled product
percentage as defined in the Public Contract Code, Sections 12161 and 12200.
Recipient may certify that the product contains zero recycled content.
e. Child Support Compliance Act (Applicable to California Employers)
For any Agreement in excess of $100,000, the Recipient acknowledges that:
i) It recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laxvs relating to
child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment
..... orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
ii) To the best of its knowledge is fully complying with the earnings
assignrnent orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California
Employment Development Department.
f. Americans With Disabilities Act
By signing this Agreement, Recipient assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101, et seq.), which
prohibits discrimination on the basis of disability, as well as applicable regulations
and guidelines issued pursuant to the ADA.
g. Union Activity
By signing this Agreement, the Recipient hereby certifies that Recipient will not use
grant funds for m~y expenses to assist, promote, or deter union organizing. Any
Recipient that makes expenditures to assist, promote, or deter union organizing shall
maintain records sufficient to show that state funds have not been used for those
expenditures. (Govermnent Code Section 16645.2)
BBS-T&C Non Fed Grant Boil erplate-rev.3-29-02 17 08/22/02
AWARD # BBS - 02K - 026
EXHIBIT A
PAYMENT REQUEST FORM
BBS-T&C Non Fed Grant Boilerplate-rev.3-29-02 1 8 08/22/02
' STATE OF CALIFORNIA CALIFORNIA ENERGY COMMISSION
FiNANOIAL STATUS REPORT OR PAYMENT REQUEST Payment RequestNo.:
Grant
CEC211-(a) (Re,/. 1/0])
[/lslruction$ are olt the reverse
Recipient Type of Request Amount of this Request
{Name and Address) Reimbursement
Status Report Only $
Release Retention
Period Covered by this Request Funding History
Funds Requested to Date: $
to Funds Received to Date:
Grant No. Recipient ID No. Approved Project Term Expenses to Date: $
Funds on Hand:
Interest Earned to Date: S
to
EN E RGY COM M I SS ION SHA RE Expenses Expenses Obligations Remaining
Line Item Budget this Period to Date Not Yet Paid Balance
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Construction
Other
Indirect
TOTAL
MATCH SHARE Expenses Expenses Obligations Remaining
Line Item Budget this Period to Date Not Yet Paid Balance
Personnel
Fringe Benefits
Travel
Equipment
SuppIies
Contractual
Construction
Other
Indirect
TOTAL
GRAND TOTAL
RECIPIENT CERTIFICATION ENERGY COMMISSION USE ONLY (-NS-)
1 certify to the best of my knowledge and belief that this report is correct and complete and all Amount Authorized
outlays and obligations are for the purposes set forth in the funding Agreement. No grant fnnds
will be used to assist, promote, o,' deter union organizing.
Signature of Authorized Certifying Officer Date Retentioi: Yes No
Type or Print Name and Title Phone Fiscal Year
ENERGY COMMISSION APPROVALS Appropriation Code
Commission Project Manager Date ACCOUNTING OFFICE USE ONLY
Commission Program Manager Date Retention
Grants Office Dale Amount Scheduled
T & C -Form CEC 21 la 19 July 2001
INSTRUCTIONS
Payment Request No.: Begin xvith the number 1 on your Interest Earned to Date: Show all interest earned on
first payment request and consecutively number each previously advanced funds.
subsequent payment request. The last payment request
should include the notation, "Final." Line Items: The following budget categories apply to all
expenditures invoiced.
Recipient (Name and Complete Address): Same as
"Recipient" on the Grant Agreement. Address should · Budget: Show by line item the budget as shown in the
include the city, state, and zip code. Grant Agreement.
Type of Request: Indicate if this is a "Reimbursement" or · Expenses this Period: Show by line item the actual
"Status Report Only." Be sure to provide backup payments made by the Recipient during the period
documentation. If no funds are being requested, check covered by this report.
"Status Report Only."
· Expenses to Date: Show by line item the cumulative
Amount of this Request: This line shows the amount total of all expenses from the beginning of the project
currently being requested. Indicate the amount being through and including the period covered by this
requested, report.
Period Covered by this Report: The time period covered · Obligations Not Yet Paid: Show by line item all'
by this request. The first day of the period should be the day funds obligated on purchase orders, contracts, etc. for
after the last day covered by your previous report. Example: which you have received an invoice but have not yet
1/14/94 to 3/31/94. paid.
Grant No.: Same as "Grant Number" on the Grant · Remaining Balance: Show by line item the funds
Agreement. This is the eight digit code assigned by the available for expenses or obligations. "Budget" minus
Energy Comm/ssion (example 961-93-000). "Expenses to Date" minus "Obligations Not Yet Paid"
equals "Remaining Balance."
Recipient ID No.: This space is for an account number or
other identifier that may be assigned by the Recipient Certification: Name, title and signature of authorized
(optional). certifying official (usually the grant Recipient's project
manager).
Approved Project Term: This is the entire project period
beginning with the date the project starts through the end Submit original and one copy to:
date. This date should match the "Term" on the Grant
Agreement unless you have received.a term extension. California Energy Commission
Accounting Office
Total Fnnds Requested to Date: Show the total of all 1516 Ninth Street, MS # 2
funds requested from the Energy Corm~xission prior to this Sacramento, CA 95814
request.
Funds Received to Date: Show the total amount of funds
received from the Energy Commission prior to this request.
"Funds Requested to Date" minus any retention withheld"
equals "Funds Received to date".
Total E~penses to Date: ~Show the total expenses from the
beginning of the project tba'ough and including the period
covered by this report. This amount should be the same as
the "Grand Total" expenses to date.
Funds on Hand: This should be filled in only if you have
received any advance funds from the Commission. If you
have, show the balance of funds received. ("Funds Received
to Date" minus "Expenses to Date" equals "Funds on
Hand.")
T & C -Form CEC 2 [ I a 20 July 2001
Exhibit C-2
Battery Backup Systems
Work Statement and Schedule
New Installations: LED Traffic Intersections
BBS-02K-026
1. Submit executed governing body resolution to the Energy Commission.
Product: Resolution
Due Date: Prior to any payments made by Energy Commission.
2. Release bid documents for materials and labor.
Product: A copy of the bid specifications for the system and cabinet.
Due Date: 120 calendar days after execution of grant agreement.
3. Select system vendor and/or contractor.
Product: A copy of the winning proposal.
Due Date: 30 calendar days after release of bid doc~tments.
4. Prepare and sign an agreement with the vendor and/or contractor.
Produ ct: A copy of the executed agreement.
Due Date: 30 calendar days after selection of the vendor and/or
contractor.
5. Install the system and begin operation.
Product: Written notification of the installation and operation.
Due Date: 60 calendar days after signing a~eement.
6. Prepare and submit quarterly~progress reports in accordance with Section 6 of
these grant terms and conditions.
Prod uct: Quarterly progress reports.
Due Date: Progress reports are due quarterly by the 15th Of each month
following the end of each calendar quarter during the term
of this agreement. Progress reports shall adhere to the
~'ollowing schedule:
Grant term begins August 14, 2002 Progress Reports are due:
1 st Quarter: 8/14/02-9/30/02 '10/15/02
2no Quarter: 10/1/02-12/31/02 '1/15/03
3~ Quarter: 1/1/03-3/31/03 4/1/03
4th Quarter: 4/1/03-~/30/03 7/1/03
Special Conditions
21
Exhibit C-2
Battery Backup Systems
Work Statement and Schedule
Ne~v Installations: LED Traffic Intersections
BBS-02K-026
7. Prepare and submit a final report in accordance with the requirements in Section 6
of the grant terms and conditions. In addition, the final report shall include a
summary of each BBS installation, the number of systems installed, and any
problems that xvere encountered during the performance of this agreement.
Product: Final Report
Due Date: 60 days after the installation and operation of all systems
authorized under this agreement.
Special Conditions
22
CEC NEW BATTERY BACKUP SYSTEM
TABLE A-2
NEW BATTERY BACK UP SYSTEMS ....... TRAFFIC INTERSECTION INFORMATION
'l'n~truotions For Completing The Below Table. Please Fill Columns A- I~ All The Other Columns Will Be ~
Automatically Calculated. If You Cannot Load This Spreadsheet Electronically, Contact David Rubens at
916-651-9857 Or E-Mail Him At drubens~energy.state.¢a.us
COLUMN A:Thts Is The City Where The Intersection Is Located. If The Intersection Is In The Unincorporated Areas Of A County, Then Leave This Column Blank.
COLUMN B:Enter The County Where The Intersection Is Located.
COLUMN C:Enter The Intersection Location, Such As The Name Of The Cross Streets.
COLUMN D: Indicate Whether There Are Any LED Signals At This Intersection.
COLUMN E: Indicate The Maximum Number Of Vehicles That Travel Through This Intersection Daily
COLUMN F: Indicate The Number Of Accidents Per Million Vehicles Per Year
COLUMN G: Indicate Whether The Intersection Is Within One Mile Of An Elementary, Middle Or High School.
COLUMN H: Indicate Whether The Speed Of The Approach Traffic On Each Cross Street Greater Than Or Equal To 45 Miles Per Hour.
COLUMN I: Indicate Whether The Intersection Has Accessible Or Pre-Emption Controls
J. CRITERIA 1:
). ARE THERE LED F. NUMBER OF '1. IS THE SPEED OF I. DOES THE BASED ON
TRAFFIC SIGNALS AT INJURY THE APPROACH NTERSECTION HAVE NUMBER OF
tHIS ACCIDENTS PER~- 13,,18 INTERSECTION TRAFFIC ON EACH PRE-EMPTION OR VEHICLEa~DAY
NTERSECTION? E.~NUMBER OF MILLION VEHiCleS ,WITH!N~I.OMILE OF A STREET.~=46 MPH? OTHER CONTROLS? MAX POINTS = 6
CITY * l, COUNTY (Y/N) VEHICLES/DAY PER YEAR K~I28CHOO~L? (Y/N) (Y/N) 'i ''" .... (Y/N)
Oublin Alameda Dublin BlvdJSan Ram Y 5512( ' N ' ' y
Dublin Blvd./Regional Y 41110 y N y
Dublin BlvdJVillage Pi Y 42262 y N y
Dublin BIvd./Doughe~ y 70443 y N y
Dublin Blvd./Taasajar; Y 30173 N y
Amador Vly/Village Pk Y 36525 1 Y N y
Amador Vly/San Ram( Y 42896 0 Y y
Hacienda/Hacienda Xi 21323 0 Y 4
0
0
0
0
0
Battery Backup Systems for Traffic Control
City of Dublin, BBS-02K-026
New Installations
Match Share Budget
Line Item Grant Recipient Match Total:
Personnel $0 $0 $0
*Design & Project Management
(160 hours ~$43.75/hr=$7,000)
Ginger Russell, Admin. Analyst [l
Fringe $0 $0 $0
*(30%=$3,000)
Travel $0 $0 $0
Equipment $22,400 $0 $22,400
($4.000/unit x 8 intersections x 70%)
Supplies $0 $0 $0
Contractual $0 $35,334 $35,334
Contract inspection, Alameda Co. Signals (80 hrs ~ $I00)
Contractor equipmenr procurement and installation cost ($27,334 inclusive)
Construction $0 $0 $0
Other $0 $$83,566 $83,566
City paid portion of BBS $9,600
Yellow LED & PV head conversion (City expense) $43,610
BBS upgrade for l existing intersection (City expensed $3,000
Printing and advertising expense $I, 000
Conthzgency cost for tmforesee~z conditions $26,356
Indirect $0 $0 $0
Total $22,400 $118,900' $141,300
'Note, the City's capital project budget does not include salaries and benefits as these are paid from the operating
budget.
The total estimated cost of this project is S151,300. The City of Dublin's General Fund will be
contributing $128,900 to the project.
24
BBS-02K-026
RESOLUTION NO: 02-0814-05
STATE OF CALIFORNIA
STATE ENERGY RESOURCES
CONSERVATION ANTI DEVELOPMENT COMMISSION
RESOLUTION- RE: Battery Backup System Grants
WHEREAS. pursuant to Public Resources Code Sections 25403~8. the State Energy
Resources Conservation and Development Commissmn (Energy Commission) is authorized to
provide grants to local governments for battery backup systems for traffic signals using light
emitting diodes; and
WI-IEREAS.-in order to be eligible for this grant, a local government must meet the
Battery Backup Pro.am requirements contained in the grant application; and
WHEREAS. the Energy Commission staff has reviewed all applications and has identified
projects that meet the program requirements; and
THEREFORE BE IT RESOLVED. the Energy Commission approves the staff
recommendations for grants to be awarded to local governments as indicated in Tables A and B;
and:
FURTHER BE IT RESOLVED, that the Energy Commission authorizes the Executive
Director or his designee to consider and approve any requests from the grant recipients for
additions, deletions, or modifications to the project, provided as modified, the project remains
eligible for financial assistance and does not require any additional money.
Dated: August 14, 2002 STATE ENERGY RESOURCES
CONSERVATION AND
DEVELOPMENT COMMISSION
WILLIAM J. KI~ESE
Chairman
25
TABLE A
Existing BBS Grant Summary Sheet
City of Chino $22 496 $6 000
City of Claremont $22 841 $4 200
City of Corona $81 175 $14 400
· $106 451 $23 324
City of Elk Grove $40 339 $10 800
City of Encinitas $172 800 $48 222
City of Escondido $85 678 $21 000
City of Fontana $327 981 $86,400
City of Fremont $398 723 $17 864
City of Hayward $39,956 $7,830
City of Huntington Beach $22,549 $6,764
City of Laguna Niguel $325,839 $59,850
City of Lakewood $68,807 $17,052
City of Lompoc $92,400 $15,600
City of Milpitas $173,422 $40,800
City of Mission Viejo $136,007 $29,856
City of Paramount $167,790 $42,000
City of Poway $195,707 $45,600
City of Rancho Cucamonga $526,917
City of Rancho Mirage $113,550
$84,850 $23,879
City of Sacramento, Public Works $57,324 $11,040
City of San Diego $237,955
City of San Marcos $73,386
City of Temecula $100,245 $25 200
$24,596 $6 457
City of Vacaville $90,400 $20 821
City of Victorville $1,872 $1 872
City of Vista $7.3,587 $17 548
City of Westlake Village $190,986 $14 378
City of Westminster $226,990 $41 041
County of El Dorado $2,900 $870
County of Kern $59,417 $38,456
County of Marin $74,71.2' $9,600
County of Sacramento $377,916 $101,859
County of San Diego $505,680 $134,400 ce
Monterey County Dept. of Public Works $65,500 .
Town of Moraga $11,550 ~.~
$16,300 $3,150
· - TABLE B
New BBS Summary Grant Sheet
:.~:~'~;~.!~,;..~.:i.'~..~ ,%!¢, '.. ~...: ~:~ ~,.,,. ~ ,~ '~,...' ' '..~, .~ -.~. :~ ~......,,..~ .-.-.:..~....:.~ ~.. ,.., ..~......o ,~.-~..,~ ...... .~.,.,,~r~. ~:.,~. .0
City and County of San Francisco $556,000 $254,800
City of Antioch $51,093 $19,944
City of Adesia $71,600 $37,660
City of Atwater $24,000 $9,800
City of Baldwin Park $82,800 $36,540
City of Bell $25,200 $14,210
City of Brisbane $10,800 $6,090
City of Buena Park $127,558 $61,180
City of Burbank $88,000 $53,200
City of Ceres $55,000 $30,800
City of Chula Vista $850,000 $281,960
City of Claremont $30,891 $14,035
City of Clovis $30,891 $7,350
City of Commerce $210,500 $103,320
City of Concord $52,000 $26,950
City of Code Madera $18,000 $8,120
City of Costa Mesa $118,665 $113,664
City of Culver City $65,205 $42,000
~ City of Cupertino. $86,400 $37,352
--4 City of Cypress $26,100 $14,700
City of Dinuba $4,000 $2,450
City of Dublin $141,300 $22,400
City of El Cajon $60,000 $42,000
City of Escondido $158,504 $103,600
City of Garden Grove $77,500 $29,925
City of Gilroy $45,900 $23,940
City of Hayward $75,871 $40,320
City of Highland $98,400 $10,800
City of Huntington Beach $416,000 $291,200
City of Imperial Beach $11,120 _ $5,320
City of Indio $68,000 $45,220
City of Inglewood $200,000 $89,600
City of La Mesa $198,355 $124,320
City of La Mirada $52,650 $31,850
City of Lancaster $123,480 $73,500
CitY of Larkspur $25,200 $9,643
City of Live Oak $5,398 $2,800
City of Livermore $145,000 $58,240
City of Lomita $28,200 $14,234
CEC r .....
TABLE B
New BBS Summary Grant Sheet
Cty of Lynwood I "'130 00" I ,
. ~, , u $57,050
City of Mill Valley $21,600 $19.285
City of Mission Viejo $306,000 $142,240
City of Montebello $250,000 $142,380
City of Monterey $35,200 $20.006
City of Monterey Park $543,926 $105.560
City of Moreno Valley $118,000 $49,000
City of National .City $35,000 $12,250
City of Novato $111,600 $46.284
City of Orange $204,000 $129,640
City of Palmdale $275.000 $95,550
City of Palo Alto $50,400 $28.420
City of Pico Rivera $42,500 $29,120
City of Pleasant Hill $50,000 $1§,600
City of Pleasanton $83,025 $70,525
City of Rancho Santa Margarita $166,975 $66,500
City of Redondo Beach $183,600 $103,530
City of Roseville $503,100 $330,400
City of Salinas $30,774 $14,700
City of San Buenaventura $88,000 $56,000
City of San Luis Obispo $40,000 $25,200
City of San Marcos $173,844 $86,800
City of San Rafael $91,200 $30,240
City of Santa Barbara $204,820 $204,820
City of Santa Fe Springs $117,096 $91,840
City of Santee $116,252 $70,470
City of Sausalito $32,400 $18,270
City of Sebastopol $8 000 $5,600
City of South Gate $104,000_ $72,800
City of Sunnyvale $458,900 $271,600
City of Temecul a $162,400 $101,805
City of Thousand Oaks $311,100 $124,9~0
City of Torrance $252,050 $145,6.00
City of Victorville $17,472 $17,472
City of Vista $105,995 $52,374
City of West Covina $302,110 $119,104
City of Yorba Linda $263,200 $109,200
City of Yuba City $79,923 $47,040
TABLE B
New BBS Summary Grant Sheet
Coun~ of Contra Costa $120,000 $44,800
Coun~ of El Dorado $75,600 $40,600
Coun~ of Marin $7,200 $5,600
Coun~ of San Luis Obispo, Dep. Of F $40,000 $26,600
County of Santa Clara $1,000,000 $287,140
Coun~ of Ventura $105,000 $33,320
Los Angeles Coun~of Public Works $410,000 $170,800
Town of Apple Valley $104,670 $44,100
Town of Loomis $14,400 $4,060
Town of Mora~a $29,500 $9,800
, . BBS-02K-026
RESOLUTION NO. :58 - 02
A RESOLUTION OF ~ crrY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZE~G APPLICATION TO CAI,II~ORNIA ENERGY COMMISSION
FOR GRANT FUNDING 'RELATED TO TRAFFIC SIGNAL
BATTERY BACKUP SYSTEMS
WHEREAS, pursuant to Public Resources COde Section 25403.8, the State Energy Resources
Conservation and Development Commission (Energy Commission) is authorized to provide grams to city,
county, or city and county governments for battery.backup systems for tra~c signals; and
WHEREAS, in order to be eligfble for funding, the battery backup systems must be used in
conjunction with light emitting diode.traffic signals;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes
the City to apply for funding from the Califomia Energy Commission for battery backup systems operating
with light emitting diode traffic signals.
BE IT FURTHER RESOLVED that if recommended for funding by the California Energy
Commission, the City Council of the City of Dublin authorizes the City to accept a grant up to $21,280.
BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized and
empowered to execute in the name of the City of Dublin all necessary documents to implement and carry
out the purpose of this resolution and to undertake all actions necessary.to undertake and complete the
energy efficiency project.
PASSED, APPROVED AND ADOPTED this 21st day of May, 2002.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ATTEST: ~// .... ~Mayor
'~ City Clerk
g: k~genrnisc bresobbs
G:~CC-MTGSk2002-qtr2~41'LS-21-O2ireso-traffic aignaLdoc (Item 4.4)
30
BBS-02K-026
Special Conditions
Battery Backup Systems (BBS)
New Installations: LED Traffic Intersections
1. Resolution
The recipient must provide to the Energy Commission (Commission) a signed
resolution (or signed certified copy of same) authorizing acceptance of this
agreement. The resolution shall also designate the person by title who is
authorized and empowered to execute in the name of the agency all contracts,
agreements, and amendments necessary to implement and carry out the project
as defined by this agreement. This resolution must be submitted to the Energy
Commission be_fore any payments are made to the agency for work authorized ....
under this agreement.
2. Products
The Commission project manager must receive 2 copies of the required products
as indicated in the Work Statement, Exhibit C-2. The Commission project
manager may contact the recfpient, a-s needed, to get clarification or request
additional information on any product. Electronic copies may be acceptable for
certain documents that do not'require an original signature. The Commission
project manager shall determine if the documents are acceptable for electronic
transmittal.
3. Payment of Funds
a. Conditions for Grant Payment: The Commission will provide grants to
supplement the cost of purchasing BBS for LED traffic signal intersections
as described in Section 15 of the Grant Application. The Commission will
authorize progress payments for the BBS that have been installed and are
operational. Prior to payment, the Commission reserves the right to:
1) A pre- and post inspection;
2) Verify that all the projects have been installed and are operational;
3) Verify that each installed system correlates with the intersections
indicated in the grant award;
4) Verify that the specifications for each installed system correlates with
the specifications contained in Appendix B of the grant application;
5) Verify that the Commission grant is not used to supplement the cost of
a project already funded by an IOU;
6) Verify that the Commission grant incentive does not include labor for
these BBS installations as described in Section 15 of the Grant
Application.
Special Conditions, 08/29/02 Page 1
, ~. ,, BBS-02K-026
b. Situations for Denial of a Payment Request: Grant payments, either in
whole or in part, will not be made in the event of any of the following'
1) The equipment purchased does not meet the requirements specified in
Appendix B of the Grant Application.
2) The recipient fails to provide the required documentation. This
documentation includes, but is not limited to, the requirements listed in
grant ag reement.
3)The recipient requests reimbursement for labor.
4) A random audit or technical analysis conducted by the Commission or
its' designated representatives determines that the installed project does
not meet the terms and conditions of the grant agreement.
Special Conditions, 08/29/02 Page 2