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HomeMy WebLinkAbout2004-203G 1 2 3 4 5 9 10 it 12 13 14 15 16 17 18 211 RESOLUTION NO. 2004-203 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO WONDRIES FORD FOR THE PURCHASE OF EIGHT (8) CNG VEHICLES FOR VARIOUS DIVISIONS/ DEPARTMENTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council adopted Resolution 2004-2, endorsing application under the Mobile Source Air Pollution Reduction Review Committee by 2003/2004 Local Government Match Program. SECTION 2. That Wondries Ford has offered a negotiated purchase of eight (8) CNG vehicles for various Divisions/Departments. SECTION 3. The Purchase Order shall reference this Resolution No.2004- 203 and shall read, "P.O. No. not to exceed $214,941.13 for eight (8) CNG alternative fuel vehicles" and shall incorporate the terms and conditions of the purchase order, which is on file in the City Clerk's Office. June 15, 2004 2004-203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER TO WONDRIES FORD FOR THE PURCHASE OF EIGHT (8) CNG VEHICLES FOR VARIOUS DIVISIONS/ DEPARTMENTS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a jt. regular meeting thereof, held on the 21st day of June , 2004, by the following vote, to wit: Council Members: ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK AYES NAYS x x x X x x x ABSTAIN ABSENT Rachel G. Clark, City Clerk, '���j/' The foregoing resolution is hereby approved this -2b da of June .2004. /1 Approved as to Form and legal content: JAMES F. PENMAN, City Attorney th Valles, Mayor of San Bernardino May 18,2004 EXHIBIT 1 FY03104 .4/SRC Discretionary Fund Local Go,vernment Match Program AQMD South Coast Air Quality Management District ALTERNATIVE FUELS LOCAL GOVERNMENT MATCH PROGRAM CONTRACT PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and "` (hereinafter referred to as "CONTRACTOR") whose address is "'. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State). AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act. B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD.. C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 1 - Work Statement, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR' Alternative Fuels Local Government Match Program Application dated *". 3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. FY03104 MSRC Discretionary Fund Local Government March Program �,ONTRACTOR's BID PROCESS - CONTRACTOR shall provide AQMD with CONTRACTOR's bid process and documentation if a bid process is required to expend the funds provided to CONTRACTOR under the terms of this Contract. 6. REPORTING A. PROGRESS REPORTS - A concise Interim Report will be submitted at the approximate halfway point in the overall project schedule. The Interim Report should include the following topics, at a minimum: a) tasks completed; b) issues or problems encountered; c) resolutions implemented; and d) progress to date. Any modifications, whether already implemented or planned, to the project description/statement of work, project costs, or project schedule, should be highlighted in the Interim Report. B. FINAL REPORT - CONTRACTOR shall provide AQMD with a comprehensive final report prior to the end of the Contract term. The final report shall be subject to review by the MSRC and approval by AQMD. One letter -size paper copy and one electronic version in Microsoft Word format shall be provided to AQMD. The final report shall be complete and include illustrations and graphs, as appropriate, to document the work performed and the results thereof under this Contract. 0 TERM - The term of this Contract is from the date of execution by both parties to' , unless terminated earlier as provided for in Paragraph 8 below entitled Termination, extended by amendment of this Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD prior to the termination date. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up to an additional six months at no additional cost. Term extensions greater than six months must be reviewed and approved by the MSRC. 8. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 - Work Statement, this shall constitute a material breach of the Contract. The nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Paragraph 17 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 9. EARLY TERMINATION — This Contract may be terminated early due to any of the following circumstances: A. The vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized, and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. FY03104 MSRC Discretionary Fund Locai Government Match Program 10. REFUELING STATION OPERATIONAL AVAILABILITY — [USE FOR INFRASTRUCTURE PROJECTS ONLY) CONTRACTOR is obligated to comply with the alternative -fuel refueling infrastructure Operational Availability requirements set forth as follows: A. CONTRACTOR commits to ensuring fast -fill refueling stations remain operational and accessible to public and/or fleets for a period of no less than five (5) years from the date the station begins dispensing fuel in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in Paragraph 9.B, above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for fueling facilities as indicated in the table below: 5 year Operational Availability Obligation Termination Occurs Percentage of MSRC Funds to be Reimbursed Within Year 1 100% Between Years 1-2 80% Between Years 2.3 60% Between Years 3A 40% Between Years 4-5 20% After Year 5 0% B. CONTRACTOR commits to ensuring time -fill, single dispenser, apparatus -type stations remain operational and accessible to public and/or fleets for a period of no less than three (3) years from the date the station begins dispensing fuel in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this obligation, for reasons other than those stated in Paragraph 5.6, above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided for fueling facilities as indicated in the table below: 3 year Operational Availability Obligation Termination Occurs Percentage of MSRC Funds to be Reimbursed Within Year 1 100% Between Years 1-2 66% Between Years 2-3 33% After Year 3 0% C. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the station ceases operation. CONTRACTOR shall not be responsible for any reimbursement to AQMD if the obligation is terminated as a result from one or more reasons set forth in Paragraph 9B. D. The obligations of this section shall survive the expiration of the Contract and continue in full force and effect until the applicable operational availability period set forth above has been satisfied. 11. INSURANCE [OPTION A] - Prior to the start of this Contract, CONTRACTOR shall furnish evidence of workers' compensation insurance in accordance with California statutory requirements and liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. AQMD shall be named as an additional insured on such liability policy and thirty (30) days written notice of modification of any such insurance shall be given by CONTRACTOR to AQMD. Such modification is subject to preapproval by AQMD. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. FY03104 MSRC Discretionary Fund Locat GoWrnfnent ,Mach Program INSURANCE [OPTION B] - CONTRACTOR is permissibly self -insured and will maintain self-insurance in accordance with applicable provisions of California law as evidenced by certificate of self-insurance in Attachment 4, herein. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 12. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers, employees, agents, representatives, and successors -in -interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors -in -interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 13 PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of *** Dollars ($***) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 Attn: ***, MSRC Contract Administrator C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachment 1 is completed and proof of completion is provided to AQMD. If the project described in Attachment 1 is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a Final Report detailing the project goals and accomplishments. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the project described in Attachments 1, 2, and 3 of this Contract. F. If, at the completion of the Project described in Attachment 1, the actual amount of AB 2766 Funds utilized in performance of the project is less than the amount described in Attachment 2, the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 100% for vehicles and'*`% for infrastructure of the actual AB 2766 Fund amount expended for the project. G. An amount equal to ten percent (10°%) shall be withheld from each invoice paid. Upon satisfactory completion and final acceptance of work and the final report by AQMD, CONTRACTOR'S invoice for the 10% withheld will be released.[OPT/ONAL] 14. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. FY03104 AMC Discretionary Fund Local Goternment:Match Program B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case -by -case basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 15. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to permanently display one MSRC decal in a prominent location on each fueling or charging station constructed pursuant to this Contract. Decals will be provided by MSRC upon notification that subject fueling station equipment and/or vehicles are placed into service. Decals are approximately six (6) inches in height and eight (8) inches in width (Note: a smaller decal may be specified for electric vehicle infrastructure contracts). CONTRACTOR shall maintain decal for life of vehicle or equipment subject to this Contract. Should any decal become damaged, faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new decal in the same or other prominent location. MSRC shall not be responsible for damage to paint or other vehicle surfaces arising from application or removal of decals. 16. SCRAPPING OF OLD VEHICLES - Any AB 2766 Discretionary Fund project for the purchase of new clean fuel vehicles shall be required to scrap older, polluting vehicles which would be removed or retired from service. This clause is applicable only to AB 2766 projects which remove or retire a vehicle(s) from fleet service as a direct result of AB 2766 funding. 17. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: ***, MSRC Contract Administrator CONTRACTOR: **' £Y03/04 MSRC Discretionary Fund Local Government Malch Program xxx Attn: *** 18. EMPLOYEES OF CONTRACTOR A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 19. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et sea.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 20. SOLICITATION OF EMPLOYEES - CONTRACTOR expressly agrees that CONTRACTOR shall not, during the term of this Contract, nor for a period of six months after termination, solicit for employment, whether as an employee or independent contractor, any person who is or has been employed by AQMD during the tens of this Contract without the consent of AQMD. 21. PROPERTY AND SECURITY - Without limiting CONTRACTOR'S obligations with regard to security, CONTRACTOR shall comply with all the rules and regulations established by AQMD for access to and activity in and around AQMD'S premises. 22. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the prior written consent of the other, and any attempt by either party to do so shall be void upon inception. 23. NON -EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. FY03/04 .,VfSRC Discretionary Fund Local Governmenthfatch Program 24. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 25. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 26. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 27: HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 28. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 29. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 30. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 31. PREVAILING WAGES — [USE FOR INFRASTRUCTURE PROJECTS ONLY] CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's headquarters, of which shall be made available to any interested party on request. Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 32. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and FY03104 MSRC Discretionary Fund Local Government Match Program procedures. Requests to expend funds above the Contract value stated in Paragraph 13A must be approved prior to the expenditure of additional funds. CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 33. ENTIRE CONTRACT - This Contract represents the entire agreement between the,parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT A. By: Norma J. Glover, Chairman of the Board Date: ATTEST: Jackie Dix, Clerk of the Board ZI APPROVED AS TO FORM: Barbara Baird, District Counsel M SRCLocalGovMatch(12/12/03) South Coast Contract No. ABLO207A Modification Air Quality Management District This modification consists of 2 pages. RECITALS A. The South Coast Air Quality Management District (hereinafter "AQMD") and the City of San Bernardino (hereinafter "CONTRACTOR") have previously executed a Contract No. ABL0207 for the construction of a LNG/LCNG fueling station. B. CONTRACTOR has experienced numerous delays in the development of the LNG/LCNG fueling station, due primarily to environmental concerns raised by elected officials. Contractor had to review alternative locations before demonstrating to elected officials that the original proposed site at the City's Corporate Yard remained the most viable. Therefore, a modification to this Contract is necessary to extend the date by which performance must be completed. 2. MODIFICATION - The parties therefore agree to modify the existing Contract, at no additional cost to AQMD, as follows: A. The term of this Contract is extended for an additional period commencing January 1, 2004 and terminating December 31, 2004. B. Attachment 1A - Statement of Work, attached hereto and included herein by this reference, supersedes the original Statement of Work. C. All other provisions of the above -referenced Contract shall remain in full force and effect. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF SAN BERNARDINO By: Barry R. Wallerstein, D. Env., Executive Officer Date: APPROVED AS TO FORM: Barbara Baird, District Counsel 7January2003 Date: Attachment 1A — Statement of Work and Project Schedule City of San Bernardino Hereinafter Referred to as CONTRACTOR AB 2766 Contract Number L0207A Statement of Work CONTRACTOR shall construct LNG/LCNG fueling station as specified in Attachment 3, Supporting Documents - Fueling Station Guidelines. CONTRACTOR shall be reimbursed according to Attachment 2, Cost Schedule, after verification that station construction is complete and that station is fully operational. Project Schedule Task Start Completion Contract Execution October, 2002 Complete Station Design and Obtain Approvals November, 2003 May, 2004 Issue Station Construction RFP and award Contract June, 2004 June, 2004 Station Installation/Construction June, 2004 December, 2004 Station Operation Testing/TrainingTesting/Training December, 2004 December, 2004 Station Operation December, 2004 December, 2009 minimum Quarterly Reports October, 2002 Completion of Project Project Summary December, 2004 Hardware: LNG/LCNG Fueling Station and Equipment as specified in Attachment 3. Reports Quarterly Reports: CONTRACTOR shall monitor the project and prepare and submit quarterly progress reports. The first report is due the 15th day of the fourth month after the date of Contract execution. Quarterly reports shall include, but are not limited to achievement of milestones; equipment activity; any project delays or problems and solutions; summary and analysis of project results to date; fueling site status; preliminary findings, and recommendations for completion of project; station activity including fuel throughput for each month during the quarter (with supporting documentation) and any downtime; identification of any unexpected circumstances or potential problems with the project, especially those that may delay the project schedule; and recommendations to resolve problems. Progress Reports that do not comply will be returned to the CONTRACTOR as inadequate. FY03104.L/SRC Discretionary Fund Local Government Match Pmgrmn EXHIBIT A APPLICANT INFORMATION Purchase of Medium and Heavy -Duty Alternative Fuel Vehicles (Return this page as part of your Match Program application) A. Please provide the following applicant information in the space provided. Applicant Name: City of San Bernardino Address: 182 S. Sierra Way San Bernardino. CA ,j - Conlact Person: Don Johnson Title: Fleet Manager Telephone Number: (909) 384-5220 Fax #: _ (909) 384- 5013 E-Mail Address: johnson_do@ci.san-bernardino.ca.us B. Please answer the following questions: YES NO 1. Are you submitting a Joint Application with other Cities/Counties? O 2. If "Yes", are you authorized to act of behalf of all participants? O O 3. If "Yes", please provide the names of all other project participants. Please designate if the other participants are public agencies or private entities: Public Private a) 0 0 b) 0 (3 C) a 0 d) 0 0 YES NO 4. If you answered "Yes" to questions 1 and 2, above, have you attached a letter from each entity designating a lead agency and O O authorizing that agency to act on behalf of the other participants? FY03104 AMC Discretionary Ftatd Local Government Match Program EXHIBIT B PROJECT DESCRIPTION/STATEMENT OF WORK Purchase of Medium and Heavy -Duty Alternative Fuel Vehicles (Return this page as part of your Match Program application only if you are applying for alternative fuel vehicle match funding) A. PROJECT DESCRIPTION: Describe the proposed alternative -fuel vehicle purchase(s). For each vehicle to be purchased, please provide the following information, at a minimum: a) vehicle manufacturer and model; b) fuel type; c) engine manufacturer, model number or engine family series, and horsepower; d) gross vehicle weight; and e) primary location(s) for vehicle fueling. (Attach extra sheets as necessary). f � The City of San Bernardino intends to purchase from Ford (8) CNG dedicated vehicles including (6) F- 150 pickups and (2) CNG E-350 Vans for use as service trucks and vans for the City. These OEM vehicles with the same dedicated CNG V-8 ULEV engines as used in its % ton pickup and van series vehicles for the last several years will be used by City of San Bernardino as service vehicles within the City. The gross vehicle weight of these vehicles is 7,700 Ibs for the pickups and 8,000 Ibs for the vans. The vehicles will be housed and refueled over night at our corporate yard located on W. Sierra Way in the City of San Bernardino with our new CNG station. The vehicles will be operated by the City directly. The refueling of the natural gas vehicles will be either overnight on a time -filled arrangement via a dual compressor CNG station or via a fast fill dispenser that will complement the time fill system. YES NO 1. Do all vehicles satisfy the requirements specified in Section LE.2? O O 2. Total Number of Medium Duty Vehicles: 8 3. Total Number of Heavy Duty Vehicles: 0 FY03104 hfSRC Discretionary fund Lora Goy mment Match Pro;rmn EXHIBIT C PROJECT BUDGET Purchase of Medium and Heavy -Duty Alternative Fuel Vehicles (Return this page as part of your Match Program application only if you are applying for alternative fuel vehicle match funding) A. Please provide your Current Unallocated Subvention Fund Balance: $ 0 B. Please provide the following Alternative Fuel Vehicle Purchase Cost by Category Information: PROJECT COSTS BY FUNDING CATEGORY 1. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE ' PURCHASES FROM EXISTING UNALLOCATED BALANCE: 2. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE PURCHASES FROM FUTURE YEAR ALLOCATION (FY 2002/2003): 3. LOCAL FUNDS APPLIED TO ALL VEHICLES PURCHASES (E.g. MEASURE A, MEASURE C): 4. TOTAL AB 2766 SUBVENTION FUNDS AND LOCAL FUNDS APPLIED TO MEDIUM AND HEAVY-DUTY VEHICLE PURCHASES (SUM OF LINES 1, 2, AND 3): 5. AMOUNT OF MSRC MATCH FUNDING REQUESTED FOR MEDIUM DUTY VEHICLE PURCHASE (100% MATCH, I.E., $1 FOR $1 MATCH UP TO $10,000 PER VEHICLE): 6. AMOUNT OF MSRC MATCH FUNDING REQUESTED FOR HEAVY DUTY VEHICLE PURCHASE (100% MATCH, I.E., $1 FOR $1 MATCH UP TO $20,000 PER VEHICLE): 7. ADDITIONAL PROJECT CO -FUNDING FROM OTHER SOURCES: 8. TOTAL PROJECT COST: AMOUNT $ 134,941.13 $ 80,000 $ 214,941.13 C. Please list all funding sources other than AB 2766 Subvention Funds or MSRC Match Funds: NON -AB 2766/MSRC FUNDING SOURCES AMOUNT a) $ b) $ C) $ TOTAL "OTHER" PROJECT CO -FUNDING: $ FY03104 WRC Diseruionary Fund Loml Gowrnmenf Match Projrom EXHIBIT C PROJECT BUDGET — Continued Purchase of Medium and Heavy -Duty Alternative Fuel Vehicles (Return this page as part of your Match Program application only if you are applying for alternative fuel vehicle match funding) D. Please list all vehicle purchase project costs by Cost Element. MEDIUM DUTY VEHICLE PURCHASE COSTS (PLEASE LIST EACH VEHICLE INDIVIDUALLY): I. F-150 FORD PICKUP 2. F-150 FORD PICKUP 3. F-150 FORD PICKUP 4. F-150 FORD PICKUP 5. F-150 FORD PICKUP F-150 FORD PICKUP 7. E-350 PASS VAN 8. E-350 CARGO VAN TOTAL MEDIUM DUTY VEHICLE PURCHASE COSTS: $ 25,608.51 $ 25,608.51 $ 25,608.51 $ 25,608.51 $ 25,608.51 $ 25,608.51 $ $ 31,428.22 29,861.85 $ 214,941.13 HEAVY DUTY VEHICLE PURCHASE COSTS (PLEASE LIST EACH VEHICLE INDIVIDUALLY) 1. 2. 3. 4. 5. TOTAL HEAVY DUTY VEHICLE PURCHASE COSTS: DIRECT LABOR COSTS: 1. LABOR HOURS x $/HOUR = 2. LABOR HOURS x $/HOUR = TOTAL DIRECT LABOR COSTS: OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS: 1 TOTAL OTHER DIRECT COSTS ADMINISTRATIVE COSTS: TOTAL PROJECT COST: $ $ 214,941.13 PLEASE NOTE THAT THE TOTAL PROJECT COST REFLECTED IN SUBSECTIONS B AND D. ABOVE, SHOULD BE CONSISTENT. FY03104 MSRC Discretionary Fund Local Government Match Program EXHIBIT D PROJECT IMPLEMENTATION SCHEDUL Purchase of Medium and Heavy -Duty Alternative Fuel Vehicles (Return this page as part of your Match Program application) Please provide, either in the space outlined below or separate attached sheet, a Milestone Schedule for your proposed Match Program project. The schedule should include anticipated start and completion dates for each task, activity, or milestone identified in Exhibit B, 'Project Description/Statement of Work". The format requirements for the Project Implementation Schedule are flexible. A template is provided below: PROJECT MILESTONE START DATE COMPLETION Task 1 — Sign contract for funding sources Authority to Proceed (ATP) ATP Ta`sK2 — Prepare and issue bid package for vehicles ATP + 1 months ATP + 1 months Task 3 — Evaluate bids for vehicles and make award ATP + 1.5 months ATP + 1.5 months Task 4 — Receive CNG Vehicles into service Task 5 — Conduct Refueling Training with new vehicl ATP + 7 months ATP + 8 months ATP + 7 months ATP + 8 months If a separate milestone schedule is attached, please label the attachment "Exhibit D: Project Milestone Schedule" and include in your application package. FY03104 MSRC Discretionary Fund Local Govemment Match Program EXHIBIT E PROJECT IMPLEMENTATION DATA Purchase of Medium and Heavy -Duty Alternative Fuel Vehicles (Return this page as part of your Match Program application only if you are applying for alternative fuel vehicle match funding) A. The MSRC Technical Staff will estimate the emissions reductions attributable to the deployment of new alternative fuel medium and heavy-duty vehicles. Applicants are not required to perform emissions reduction calculations as part of their application. However, to assist the MSRC in assessing the air quality benefits of your project, please provide the following information for each medium/heavy-duty vehicle described in Exhibit B, Part 2b, Section A. Complete the Table below or attach a separate sheet a. Vehicle make and model; b. Fuel Type (CNG, LNG, LPG, etc.); C. Engine model, including horsepower; d. Estimated vehicle life; e. Vehicle duty cycle (i.e., trash collection, local delivery, etc.) f. Annual mileage within the geographical jurisdiction of the South Coast Air District; or g. Annual hours of engine operation within the geographical jurisdiction of the South Coast Air District. a b c d e F Vehicle Make & Model Fuel Type Engine Model & Horsepower Vehicle Life ears Vehicle Duty Cycle yy Annual Vehicle Mileage Annual Hours of O eraUon 1 FORD F-150 PICKUPS CNG 5.4L V-8 225 HP 8 Maint. Trucks 10,000 1,200 2 FORD E-350 VANS CNG 5.4 V-8 275 HP 7 Maint Vans 10,000 1200 3 4 5 6 7 8 9 10 FY03/04,b/SRC Discretionary fund LOCai Governrient Match Program EXHIBIT F CERTIFICATE OF INSURANCE/ LETTER OF SELF INSURANCE All MSRC contractors are required to provide a Certificate of Insurance naming the South Coast Air Quality Management District as an additional insured within forty-five (45) days of receipt of notification of a funding award. It has been the experience of the MSRC that many cities and counties within the South Coast Air District are self -insured. If your city or county is self -insured, please provide a letter to that effect with your application package. A sample self-insurance letter is included below. This sample is intended only to be representative of an acceptable letter. Your city's format and content may be different. Please refer to the requirements of the Sample Contract. (date) MSRC Contracts Administrator South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar. California 91765 Subject: Statement of Self -Insurance Dear MSRC Contracts Administrator: This is to certify that City of San Bernardino self -administers and insures, defends, settles and pays third party claims for bodily injury, personnel injury, death and/or property damage. Protection under this program is warranted to meet or exceed $1 million, combined Single Limit, per occurrence. Additionally, City of San Bernardino is permissively self -insured for Worker's Compensation under the laws of the State of California. City of San Bernardino agrees to provide the South Coast Air Quality Management District with thirty (30) days prior written notice of any changes in this program. If you need any further information regarding this risk -retention program, please contact the Risk Management Staff at (909) 000-0000. Sincerely, Risk Manager If you have questions regarding insurance, please contact the AQMD Contracts Manager via FAX at (909)396-2765.