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HomeMy WebLinkAboutContract 58082-AD1FIRST ADDENDUM TO SITE-EXCLUSIVE ELECTRIC VEHICLE CHARGING STATION SERVICES AGREEMENT This FIRST ADDENDUM TO THE SITE-EXCLUSIVE ELECTRIC VEHICLE CHARGING STATION SERVICES AGREEMENT (the “First Addendum”) is entered into by and between the CITY OF FORT WORTH ("City"), a Texas home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and OBE POWER NETWORKS 1 LLC, a Florida limited liability company (“Provider”) acting by and through its duly authorized representative, each individually referred to as a “party” and collectively referred to as the “parties.” WHEREAS the City and Provider executed that certain Site-Exclusive Electric Vehicle Charging Station Services Agreement (Fort Worth City Secretary Contract No. 58082) (the “Agreement”) for the design, installation, and maintenance of publicly-accessible electric vehicle charging stations and associated infrastructure (collectively hereinafter referred to as “Electric Vehicle Supply Equipment” or “EVSE”) on City-owned property; and WHEREAS City initially selected the sites listed in Exhibit “B” of the Agreement (the “Site” for singular or “Sites” for plural) as the proposed locations for the EVSE; and WHEREAS the Agreement provides that the precise locations of the EVSE and the Sites shall be the established based upon Provider’s recommendations, proximity to electrical connections, and feedback from City staff and that the final placement of any ESVE shall subject to the City’s approval; and WHEREAS, City and Provider now wish to execute this Addendum to memorialize the Sites that have been approved by the City. NOW THEREFORE, City and Provider agree as follows: 1. Grant of Site-Exclusive License. The Sites provided in the table below have been approved by the City: No. Location Address Dual- port EV Stations EV Ports Parking Type 1 Houston Street Garage 1200 Houston Street 2 4 Off Street 2 Commerce Street Garage 1301 Commerce Street 1 2 Off Street 3 Western Heritage Garages 1400 Lansford Lane 2 4 Off Street 4 Victory Forest Community Center 3427 Hemphill Street 1 2 Off Street Houston & Lancaster 250 W Lancaster Ave 1 2 On Street 6 Como Community Center 4660 Horne Street 1 2 Off Street 7 Botanic Gardens 3220 Botanic Garden Blvd 1 2 Off Street City Hall 900 Jennings Ave 2 4 On Street Crockett & Foch 900 Foch Street 1 2 On Street 1 2nd and Jones 400 E 2nd Street 1 2 On Street 1 Meacham Airport 201 American Concourse 2 4 Off Street 1 8th and W Terrell 1700 W Terrell Ave 1 2 On Street 1 James Ave Service Center 5001 James Ave 2 4 Off Street 2. All terms and provisions of City Secretary Contract No. 58082 shall remain in full force and effect unless specifically amended. This Addendum may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronical via email shall be as legally binding for all purposes as an original signature. [signature page follows] ACCEPTED AND AGREED: City: By: ___________________________ Name: William Johnson Title: Assistant City Manager Date: ___________________ Provider: OBE Power Networks 1 LLC By: ___________________________ Name: _________________ Title: _________________ Date: ____________________ CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: ______________________________ Name: Lauren Prieur Title: Director, TPW Approved as to Form and Legality: By: ______________________________ Name: Matthew A. Murray Title: Assistant City Attorney Contract Authorization: M&C: M&C 22-0347 / May 10, 2022 Form 1295#: 2022-862381 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. By: ______________________________ Name: Aziz Rahman Title: Engineering Manager City Secretary: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary City of Fort Worth, Mayor and Texas 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 (TPV� 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 inembers 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 �� OBE Power Networks 1 LLC 7.49 �� Volta Charging 7.23 �� Select Maintenance 6.66 �� Blink 6.45 � Livingston Energy 6.39 � 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 finro 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 b� Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Tanya Brooks 7861 Expedited Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE:Authorize Execution of Agreement Addendum with OBE Power Networks 1 LLC for Electric Vehicle Charging Stations M&C:22-0347 CPN: CSO: DOC#: Date: To: Name Department Initials Date Out 1. Aziz Rahman TPW - Signature 2. Rajnish Gupta TPW – Initial 3. Anna Benavides TPW – Initial 4. Martin Phillips TPW – Initial 5. Lauren Prieur TPW - Signature 6.Matthew Murray Legal – Signature 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. 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: Attach Signature, Initial and Notary Tabs As Requested For Your Information Signature/Routing and or Recording Comment File Return To: TPWContracts @FortWorthTexas.gov at ext. 7233 for pick up when completed. Thank you!