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HomeMy WebLinkAboutContract 58082-CA1CSC No. 58082-CA1 12/14/23 City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 CC Forth Worth City Attorney’s Office ELECTRONICALLY DELIVERED, RECEIPT OF DELIVERYAND SIGNATURE REQUESTED Re: Request for Consent to Assignment of Site-Exclusive Electric Vehicle Charging Station Services Agreement (CSC No. 58082) Ladies and Gentlemen Reference is made to Services Agreement CSC No. 58082 (the “Agreement”), dated 9/7/22, by and between OBE Power Networks 1, LLC (“Provider”), and City of Fort Worth. (“City”). In connection with an internal reorganization of our corporate group intended to facilitate expansion of the EV charging network and the financing of certain projects, we are writing to notify you that, effective on or about 12/15/2023 we intend to assign and delegate to the wholly owned subsidiary of Provider, OBE Assets, LLC (“Assignee”), a Florida limited liability company, the Agreement CSC No. 58082, including all of Provider's duties, obligations and rights under the Agreement CSC No. 58082 (the “Assignment”). In accordance with Section 9.1 of the Agreement, Provider hereby requests your consent to the Assignment. Please sign the enclosed copy of this letter to acknowledge the City’s consent and return it, via email, to: Alejandro Burgana, Managing Director OBE Power Networks 1, LLC aburgana@obepower.com In the interest of time, we ask that you send us the signed consent by 12/15/23. If you have any questions regarding the Assignment or this request for consent, please direct them to Alejandro Burgana, Managing Director, OBE Power Networks 1, LLC, via email at aburgana@obepower.com. We appreciate your assistance and thank you in advance for your prompt attention to this matter. Very truly yours, OBE POWER NETWORKS 1, LLC (Provider) By: Alejandro Burgana, Managing Director Date: 12/15/2023 OBE ASSETS LLC (Assignee) By: Alejandro Burgana, Managing Director Date: 12/15/2023 [City of Fort Worth signatures follow] By: William Johnson (Jan 2, 2024 10:08 CST) Name: William Johnson Title: Assistant City Manager Date: City: ACCEPTED AND AGREED: CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Aziz Rahman Title: Engineering Manager City Secretary: By: Name: Jannette S. Goodall Title: City Secretary Contract Authorization: M&C: M&C 22-0347 / May 10, 2022 Form 1295#: 2022-862381 By: Name: Matthew A. Murray Title: Assistant City Attorney Approved as to Form and Legality: Name: Lauren Prieur Title: Director, TPW Approval Recommended: City of Fort Worth, Texas Mayor and Council Communication DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0347 LOG NAME: 20ELECTRIC VEHICLE CHARGING STATION INFRASTRUCTURE SUBJECT (CD 2, CD 8, and CD 9) Authorize Execution of Agreements with CSG EV, LLC and OBE Power Networks 1 LLC for New Electric Vehicle Charging Stations at Selected Sites on Publicly Accessible City Right-of-Way and Off-Street Parking Lots RECOMMENDATION: It is recommended that the City Council authorize execution of agreements with CSG EV, LLC and OBE Power Networks 1 LLC to fund, design, install, operate, and maintain new electric vehicle charging stations at selected sites on publicly accessible City right-of-way and off-street parking lots with an initial seven-year term and options to renew for up to two (2) three-year renewal periods. DISCUSSION: On February 21, 2017, the City Council approved Mayor and Council Communication (M&C) No. C-28116, launching an Electric Vehicle Charging Station Pilot Program through a collaborative effort of the Economic Development, Property Management, and Transportation and Public Works (TPW) Departments and authorizing an agreement with Revitalize Charging Solutions, Inc. for the installation and maintenance of an electric vehicle charging station at the Guinn School. After the agreement ended in February of 2019, the Property Management Department recommended developing an official, City-wide program through a competitive, public process (Informal Report No. 10257). In March of 2021, TPW began the process of establishing an electric vehicle (EV) charging station program. The program seeks to deploy a sustainable, City-wide EV charging station network to support the growing EV market. The program should also lead to lower emissions and further the City's air quality goals. The EV program is also anticipated to position the City at the forefront of the EV market transformation. The EV program will utilize private investments, leverage federal and state funding sources, generate revenue for the City, provide publicly-accessible EV charging stations for the City's citizens, and improve livability in the City. In September of 2021, City staff issued a Request for Proposals (RFP) for the design, installation, operation, and maintenance of publicly- accessible electric vehicle charging infrastructure on City-owned property or right-of-way (RFP No. TPW 2021). The goal of the program is to partner with one or more companies to provide a phased expansion of EV charging station infrastructure throughout the City. Potential locations for the charging stations include curbside metered parking spaces, off-street parking lots in the Central Business District, the Cultural District, the Medical District, libraries, the zoo, airports, public parks, community centers, and City-owned parking garages. The RFP was advertised in the Fort Worth Star-Telegram and forwarded to various vendors, consulting firms, and interested parties, both locally and nationally. The proposed agreements have no requirement for the expenditure of City funds. The companies shall be solely responsible for funding the EV charging stations through charging and advertising fees and through other funding sources such as loans, grants, rebates, or other incentives. In October of 2021, the City received proposals from six companies. A selection committee comprised of members from TPW Transportation Management, TPW Parking Management, the Economic Development Department, and Downtown Fort Worth, Inc. reviewed and ranked the proposals and selected four companies to interview. Based on the submitted proposals and interviews, the selection committee ranked the proposals and recommends awarding non-exclusive contracts to the two top firms: CSG EV, LLC, a subsidiary of Carbon Solution Group, LLC (CSG), and OBE Power Networks 1 LLC (OBE). Company Total Score Rank CSG EV, LLC 8.11 1 OBE Power Networks 1 LLC 7.49 2 Volta Charging 7.23 3 Select Maintenance 6.66 4 Blink 6.45 5 Livingston Energy 6.39 6 CSG and OBE will provide Alternating Current Level 2 EV charging stations and Direct Current Fast EV charging stations for public use. Seven sites have been selected for each company, for an initial total of fourteen EV charging station sites. Each company will install and maintain one or multiple charging stations at their selected sites. A list and a map of the selected sites is included as an attachment to this M&C. The companies will cover the design, installation, and ongoing maintenance of the EV charging stations for the entire term of the agreement. CSG and OBE will, at their sole expense, ensure that the EV charging stations contain separately-metered electricity supply and will be listed as the customer of record for each meter. If the City elects to allow the companies to connect to an existing City meter, the companies will reimburse the City for any electricity usage. Each company will be solely responsible for monitoring EV charging station usage and for collecting all revenue generated from charging fees and advertising fees. Each company has agreed to pay to the City 10% percent of all gross charging revenue and 40% of any gross advertising revenue generated by the EV charging stations. CSG and OBE will issue the revenue share payment to the City annually and the revenue share will be deposited in the Parking Fund. The revenue impact to the City includes converting metered parking spaces to EV charging station spaces. The project is scheduled to begin in May 2022. The initial term of these agreements is seven years with two three-year renewal options at the City's descretion. The project is located in COUNCIL DISTRICTS 2, 8, and 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and execution of the contracts, funds will be deposited into the Municipal Parking Fund. The Transportation and Public Works Department (and Financial Management Services) are responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Expedited Tanya Brooks 7861 Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE: Authorize Execution of the Notice of Assignment of OBE Power Networks 1 LLC for Electric Vehicle Charging Stations. M&C: 22-0347 CPN: CSO: DOC#: RG DOCUMENTS FOR CITY MANAGER’S SIGNATURE: All documents received from any and all City Departments requesting City Manager’s signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: YES No RUSH: YES No SAME DAY: YES No NEXT DAY: YES No ROUTING TO CSO: YES No Action Required: As Requested For Your Information Attach Signature, Initial and Notary Tabs Signature/Routing and or Recording Comment File TPWContracts @FortWorthTexas.gov at ext. 7233 for pick up when completed. Return To: Thank you! Date: To: Name Department Initials Date Out 1. Aziz Rahman TPW - Signature MAR 2. Rajnish Gupta TPW – Initial RG 3. Anna Benavides TPW – Initial B 4. Martin Phillips TPW – Initial 5. Lauren Prieur TPW - Signature LLP 6. Matthew Murray Legal – Signature MM 7. William Johnson CMO - Signature 8 Ronald Gonzales CMO - Initial 9 Jannette Goodall CMO - Signature 10. Allison Tidwell CSO - Initial 11 Aziz Rahman TPW – Initial 12.