BOARD MEETING DATE: September 11, 2009
AGENDA NO. 5

PROPOSAL:

Execute Contracts for FY 2008-09 “Year 11” Carl Moyer Memorial Air Quality Standards Attainment Program and Surplus Off-Road Opt-In for NOx Provision of State In-Use Off-Road Vehicle Regulation

SYNOPSIS:

On May 1, 2009, proposals were received in response to the program announcements that were issued for the “Year 11” Carl Moyer Air Quality Standards Attainment Program and the SOON Provision of the State In-Use Off-Road Vehicle Regulation. These actions are to execute contracts under the Carl Moyer Program and the SOON Provision in an amount not to exceed $23,593,629 from the Carl Moyer Program SB 1107 Fund.

COMMITTEE:

Technology, July 24, 2009. Less than a quorum was present for the discussion of this item; the Committee members present communicated their concurrence and recommended that this item be forwarded for Board consideration.

RECOMMENDED ACTIONS:

  1. Authorize the Chairman to execute the following contracts under the Carl Moyer Program SB 1107 Fund (32):
    1. AA Equipment Rentals for the repower of one single engine scraper in an amount not to exceed $96,433;
    2. Brian L. Yeager for the repower of one single engine scraper in an amount not to exceed $113,726;
    3. Chaparral Grading for the repower of one grader in an amount not to exceed $95,074;
    4. Clark & Sons Equipment for the repower of four single engine scrapers in an amount not to exceed $400,100;
    5. Clark & Sons, Inc. for the repower of one wheel dozer in an amount not to exceed $92,460;
    6. J.V. Blade Rental for the repower of one grader in an amount not to exceed $87,939;
    7. Lou Kingma Equipment Rental for the repower of one single engine scraper in an amount not to exceed $109,395;
    8. Miller Blades for the repower of one grader in an amount not to exceed $105,895;
    9. P. Riley Enterprises for the repower of three single engine scrapers in an amount not to exceed $293,430;
    10. Prowater Equipment/Jerry Jetton for the repower of two single engine scrapers in an amount not to exceed $243,426;
    11. R.J. Ortiz Scraper Rental for the repower of two single engine scrapers in an amount not to exceed $273,613;
    12. SSC Construction for the repower of one crane in an amount not to exceed $80,177;
    13. Underground Equipment Services for the repower of one dual engine scraper in an amount not to exceed $159,799;
    14. American Marine Corp-Marine for the repower of two main and two auxiliary engines of a marine vessel in an amount not to exceed $134,504;
    15. US Water Taxi for the repower of four main and one auxiliary engines of two marine vessels in an amount not to exceed $468,320;
    16. Millennium Marine for the repower of six main and five auxiliary engines of three marine vessels in an amount not to exceed $2,152,605;
    17. Dana Wharf Sportfishing for the repower of two main and one auxiliary engines of a marine vessel in an amount not to exceed $146,191;
    18. Ashley & Wegener for the repower of one main and one auxiliary engines of a marine vessel in an amount not to exceed $107,744;
    19. Long Beach Anglers for the repower of one main and one auxiliary engines of a marine vessel in an amount not to exceed $107,744;
    20. Seal Beach Anglers for the repower of one auxiliary engine of a marine vessel in an amount not to exceed $29,144;
    21. Toronado Sportfishing for the repower of two main and one auxiliary engines of a marine vessel in an amount not to exceed $186,344;
    22. MV Gail Force for the repower of two main engines of a marine vessel in an amount not to exceed $99,360;
    23. Curtin Maritime Corp for the repower of one main engine of a marine vessel in an amount not to exceed $197,410;
    24. Liquid Coast Highway for the repower of two main engines of a marine vessel in an amount not to exceed $233,760;
    25. Harbor Breeze Corp. for the repower of four main engines of two marine vessels in an amount not to exceed $432,620;
    26. Ultra Sportfishing for the repower of two main engines of a marine vessel in an amount not to exceed $190,160;
    27. Freelance Sport Fishing for the repower of two main engines of a marine vessel in an amount not to exceed $210,160;
    28. Victory Sportfishing for the repower of two auxiliary engines of a marine vessel in an amount not to exceed $56,128;
    29. Catalina Passenger Service for the repower of two main engines of a marine vessel in an amount not to exceed $602,534;
    30. The Jankovich Company for the repower of four main and three auxiliary engines of two marine vessels in an amount not to exceed $605,057;
    31. Harbor Dockside for the repower of eight main and six auxiliary engines of four marine vessels in an amount not to exceed $629,756;
    32. Sause Brothers for the repower of 12 main engines of six marine vessels in an amount not to exceed $1,565,818;
    33. Carnival Cruise Lines for a shore power project for two marine vessel in an amount not to exceed $5,000,000;
    34. Miller Blades for the retrofit of five graders in an amount not to exceed $82,023;
    35. Newman Backhoe Service for the retrofit of two loaders and six backhoes in an amount not to exceed $58,867;
    36. Disneyland Resort for the retrofit of two tractors and one crane link belt in an amount not to exceed $39,807;
    37. City of Long Beach for the retrofit of three tractors, two mowers, and one backhoe in an amount not to exceed $46,375;
    38. Fastrack Rentals for the retrofit of two tractors in an amount not to exceed $41,607;
    39. Martin Produce for the purchase of nine transport refrigeration units (TRUs) with electric standby, and for the retrofit of four TRUs in an amount not to exceed $65,157;
    40. Martin Brothers Trucking for the purchase of 12 TRUs with electric standby, and for the retrofit of 16 TRUs in an amount not to exceed $117,925.
  1. Authorize the Chairman to execute the following contracts under the SOON Provision of the State in-use off-road vehicle regulation from the Carl Moyer Program SB 1107 Fund (32):
    1. Bill Higgins, Inc. for the repower of two single engine diesel scrapers in an amount not to exceed $211,333;
    2. CalPortland Company for the repower of two rubber-tired loaders in an amount not to exceed $213,552;
    3. Coburn Equipment for the repower of eight dual engine scrapers, and three rubber-tired dozers in an amount not to exceed $2,001,603;
    4. County Sanitation District of Los Angeles for the repower of two dual engine scrapers, and two rubber-tired loaders in an amount not to exceed $617,981;
    5. F.S.T. Sand & Gravel, Inc. for the repower of three off-highway trucks in an amount not to exceed $549,114;
    6. Fine Grade Equipment for the repower of one single engine scraper, and two graders in an amount not to exceed $238,817;
    7. Griffith Company for the repower of one single engine scrapers in an amount not to exceed $41,068;
    8. Lee & Stires for the repower of five dual engine scrapers, five single engine scrapers, one crawler tractor, and one grader in an amount not to exceed $1,701,237;
    9. Miller Blades for the repower of five graders in an amount not to exceed $372,558;
    10. Miller Equipment Company for the repower of four single engine scrapers, and two graders in an amount not to exceed $537,050;
    11. Orange County Waste & Recycling for the repower of two dual-engine scrapers, two crawler tractors, and one rubber-tired dozer in an amount not to exceed $1,055,705;
    12. Riverside County Waste Management Department for the repower of one dual engine scraper, and one rubber-tired loader in an amount not to exceed $217,043;
    13. William Kanayan Construction for the replacement of one rubber-tired loader in an amount not to exceed $77,981.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

This is the eleventh year of the Carl Moyer Program and is the fifth year of the program with a long-term source of funding generated under SB 1107 and AB 923. For the FY 2008-09 “Year 11” Carl Moyer Program, CARB has allocated $29,740,049 under SB 1107 to the AQMD, comprised of $28,253,047 in project funds and $1,487,002 in administrative funds. In addition, $5,295,593 is required from the AQMD as its local match.

On February 6, 2009, the Board approved the release of Program Announcement #PA2009-06 to solicit proposals for the “Year 11” Carl Moyer Program. On November 7, 2008, the Board had also approved the release of Program Announcement PA #2009-03 to solicit off-road projects under the SOON Provision. On May 1, 2009, both program announcements closed. A total of 126 proposals were received under the Carl Moyer Program requesting approximately $39.1 million in funding, and a total of 27 proposals were received under the SOON Provision requesting approximately $15.4 million in funding. The new on-road alternative fuel truck purchase and diesel truck retrofit projects for $6,065,287 were approved by the Board on July 10, 2009, due to the CARB private fleet regulation’s compliance timelines.

Table 1 shows the details of the available funds from returned projects, and Table 2 shows the total amount of funds currently available under SB 1107 and AB 923, including unused and returned funds and interest dollars generated in the Carl Moyer Program Fund that can be used to fund projects.
 

Proposal

This action is to approve the recommended projects as outlined in Table 3, under the Carl Moyer Program in an amount not to exceed $15,758,587 from the Carl Moyer Program 1107 Fund (32). Total NOx and PM reductions from the recommended projects are approximately 253 tons/year and 9.0 tons/year, respectively. This action is also to approve the recommended off-road projects, as outlined in Table 4, under the SOON provision in an amount not to exceed $7,835,042, from the Carl Moyer Program SB 1107 Fund (32). Total NOx reductions from the recommended projects is approximately 127.3 tons/year.

Table 5, summarizes staff’s recommendation for the Carl Moyer Program and the SOON Provision awards in disproportionately impacted areas under the requirements of AB 1390. The total amount of projects funded in disproportionately impacted areas is $17,861,199, while the total amount of projects funded solely based on cost-effectiveness is $5,732,430. In summary, 76% of the projects are in disproportionately impacted areas.

All the applications have been evaluated according to CARB’s Carl Moyer Program guidelines released on April 22, 2008. The two project contracts for the TRU purchases with electric standby will only be executed after CARB’s approval on a case by case basis. The remaining balance of the available funds will be awarded to projects under the SOON Provision for applications under the Program Announcement PA #2010-01, that will close on November 6, 2009.
 

Funding Distribution

Funding for projects has been recommended based on the priorities of the “Carl Moyer Program Guidelines under SB 1107 & AB 923” adopted by the Board on July 8, 2005. The priorities of the guidelines are:

  • Goods Movement (no less than 40%)
  • Environmental Justice (no less than 50%)
  • Cost Effectiveness
  • Low Emission Engine/Vehicle Preference
  • Early Commercialization of Advanced Technologies/Fuels
  • Fleet Rules
  • School Buses

The Board’s allocation of funds for the Fleet Modernization Program and the implementation of the Proposition 1B Goods Movement Program should satisfy the goods movement objective. Approximately 76% of the award dollars are recommended for projects under the Environmental Justice category in disproportionately impacted (DI) areas. In the evaluation process, staff recommended cost-effective proposals in the DI areas first with 50% of the available funding based on their ranking as described below. The remaining qualified DI proposals with all other qualified proposals were then recommended for funding based on cost-effectiveness only.
 

Disproportionate Impact (DI) Point Ranking

The requirements of AB 1390 are implemented according to the following criteria.

  1. All projects must qualify for the Carl Moyer program by meeting the cost-effectiveness limits established in the RFP;
  1. All projects were evaluated according to the following criteria to qualify for funding under DI requirements:
    1. Poverty Level: All projects in areas where at least 10% of the population falls below the Federal poverty level based on the year 2000 census data, are eligible to be included in this category, and
    2. PM Exposure: All projects in areas with the highest 15% of PM concentration will be eligible to be ranked in this category. The highest 15% of PM concentration level is 46 micrograms per cubic meter and above, on an annual average, or
    3. Air Toxics Exposure: All projects in areas with a cancer risk of 1,000 in a million and above (based on MATES III estimates) will be eligible to be ranked in this category.

The maximum score is comprised of 40 percent for poverty level and 30 percent each for PM and toxic exposures. Special circumstances exist in some areas, such as the Ports of Long Beach and Los Angeles where there are no residents within the ports, poverty ranking could not be established. In this case, the poverty ranking from the adjacent on-shore areas were extended to the port since these populated areas are directly impacted by port activities.
 

Outreach

In accordance with AQMD’s Procurement Policy and Procedure, a public notice advertising the RFP/RFQ and inviting bids was published in the Los Angeles Times, the Orange County Register, the San Bernardino Sun, and Riverside County Press Enterprise newspapers to leverage the most cost-effective method of outreach to the entire South Coast Basin.

Additionally, potential bidders may have been notified utilizing AQMD’s own electronic listing of certified minority vendors. Notice of the RFP/RFQ was mailed to the Black and Latino Legislative Caucuses and various minority chambers of commerce and business associations, the State of California Contracts Register website, and placed on the Internet at AQMD’s Web site (http://www.aqmd.gov). Information was also available on AQMD’s bidder’s 24-hour telephone message line (909) 396-2724.
 

Benefits to AQMD

The successful implementation of the Carl Moyer Program and the SOON provision will provide direct emissions reductions for both NOx and PM as required by the programs. Since the vehicles and equipment funded under this program will operate for many years, the emissions reductions will provide long-term benefits.
 

Resource Impacts

Funding for the Carl Moyer Program and the SOON Provision shall not exceed $15,758,587, and $7,835,042, respectively from the Carl Moyer Program SB 1107 Fund (32). There will be sufficient funds in the Carl Moyer Program Fund for these activities.
 

Attachment (DOC, 117k)

Table 1 – Carl Moyer Projects Returned Funds
Table 2 – Carl Moyer Program Available Funds
Table 3 – Recommended Carl Moyer Program Awards
Table 4 – Recommended SOON Provision Awards
Table 5 – Funding Distribution of Recommended Carl Moyer Program and SOON Provision Awards


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