HomeMy WebLinkAbout2003-261
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RESOLUTION NO. 2003-261
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT FOR THE RECEIPT OF GRANT FUNDS IN
THE AMOUNT OF $143,208 FOR CONSTRUCTION OF THE LNG-L1CNG FUELING
STATION AT THE CITY CORPORATE YARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
execute on behalf of said City, a Contract between the City of San Bernardino and the
South Coast Air Quality Management District for grant funds in the amount of
$143,208 for construction of the LNG-LlCNG Fueling Station to be located at the City
Corporate Yard, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by reference in its entirety.
SECTION 2. The Contract shall reference this Resolution No. 2003- 261 and
shall read, "Grant Funds for construction of LNG-LlCNG Fueling Station at City
Corporate Yard in the amount of $143,208", and shall incorporate the terms and
conditions of the Contract which is on file in the City Clerk's Office.
SECTION 3. The authorization to execute the above referenced Contract is
rescinded if not issued within sixty (60) days of the passage of this resolution.
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August 28, 2003
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2003-261
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
BETWEEN THE CITY OF SAN BERNARDINO AND THE SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT FOR THE RECEIPT OF GRANT FUNDS IN
THE AMOUNT OF $143,208 FOR CONSTRUCTION OF THE LNG-L1CNG FUELING
STATION AT THE CITY CORPORATE YARD.
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 15th day of September , 2003, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
SUAREZ x
ANDERSON x
MCCAMMACK x
The foregoing resolution
September , 2003.
KRCJ'lQJ_.J1" CJ wJu
b ( A Rachel G. Clark, City Cler~ _
(:J XJ&n~~. f.f-!J:VI(Vj [)e/))~
is tiereby approve ~')1"1l1 r -da~ of
tZL .
JAMES F. PENMAN,
City Attorney
By: L T/~
o
August 28, 20D3
2003-261
Contract No. 03100
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South Coast
Air Quality Management District
This Contract consists of 16 pages.
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (referred to
here as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and City of
San Bernardino (referred to here as "CONTRACTOR") whose address is Public Services Department, 300
North D Street, San Bernardino, California 92418.
2. 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. AQMD is authorized to enter into this Contract under
California Health and Safety Code Section 40489. AQMD desires to contract with CONTRACTOR for
services described in Attachment 1 - Statement of Work, attached hereto and made a part hereof.
CONTRACTOR warrants that it is well-qualified and has the experience to provide such services on the
terms set forth here.
B. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax
standing with the Califomia Franchise Tax Board.
C. All parties to this Contract have had the opportunity to have this CQntract reviewed by their attorney.
D. CONTRACTOR agrees to obtain the required licenses, permits, and all other appropriate legal
authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees.
3. PERFORMANCE REQUIREMENTS
A. CONTRACTOR warrants that it holds all necessary and required licenses and permits to provide these
services. CONTRACTOR further agrees to immediately notify AQMD in writing of any change in its
licensing status.
B. CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. All
reports shall be submitted in an environmentally friendly format: recycled paper; stapled, not bound;
black and white, double-sided print; and no three-ring, spiral, or plastic binders or cardstock covers.
AQMD reserves the right to review, comment, and request changes to any report produced as a result of
this Contract.
C. CONTRACTOR shall perform all tasks set forth in Attachment 1 - Statement of Work, and shall not
engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict
with duties and responsibilities set forth in Attachment 1 - Statement of Work.
D. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by
accepted professional practices and procedures subject to AQMD'S final approval which AQMD will not
unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or
otherwise defective services which require re-performance, as directed by AQMD, shall be the
responsibility of CONTRACTOR. CONTRACTOR'S failure to achieve the performance goals and
objectives stated in Attachment 1- Statement of Work, is not a basis for requesting re-performance
unless work conducted by CONTRACTOR is deemed by AQMD to have failed the foregoing standards
of performance.
2003-261
Contract No. 03100
E. CONTRACTOR shall ensure, through its contracts with any subcontractor(s), that employees and
agents performing under this Contract shall abide by the requirements set forth in this paragraph.
4. CO-FUNDING
A. CONTRACTOR shall obtain cofunding as follows: SAN BAG CMAQ, Nine Hundred Eleven Thousand
Eight Hundred Fifty Nine Dollars ($911,859) and MSRC, Seventy Six Thousand Seven Hundred Ninety Two
Dollars ($76,792).
B. If CONTRACTOR fails to obtain funding in the amount(s) referenced above, then AQMD reserves the
right to renegotiate or terminate this Contract.
C. CONTRACTOR shall provide cofunding in the amount of One Hundred Eighteen Thousand One Hundred
Forty One Dollars ($118,141) for this project. If CONTRACTOR fails to provide this cofunding, then AQMD
reserves the right to renegotiate or terminate this Contract.
5. TERM - The term of this Contract is from the date of execution by both parties to December 31,2009, unless
further extended by amendment of this Contract in writing. No work shall commence until this Contract is
fully executed by all parties.
6. 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 - Statement of Work, this failure shall constitute a breach of the Contract. The
non breaching party shall either notify the breaching party that it must cure this breach or provide written
notification of its intention to terminate this Contract. Notification shall be provided in the manner set forth in
Paragraph 12. The non breaching party reserves all rights under law and equity to enforce this Contract and
recover any damages. AQMD reserves the right to terminate this Contract at any time for nonbreach, and
for the convenience of AQMD for any reason judged sufficient by AQMD. 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.
7. INSURANCE - 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. CONTRACTOR
shall maintain such coverage during the term of this Contract and any extensions thereof. CONTRACTOR
shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Human
Resources, Workers Safety & Risk Management Unit. Include the AQMD Contract Number on the face of
the certificate. 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.
8. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, indemnify, and defend 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 as a result of the performance of this Contract.
9. PAYMENT - AQMD shall pay CONTRACTOR a fixed price of One Hundred Forty Three Thousand Two
Hundred Eight Dollars ($143,208) for station components identified in Attachment 1 - Statement of Work.
Payment shall be in accordance with Attachment 2 - Payment Schedule, attached hereto and made a part
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2003-261
Contract No. 03100
hereof. Payment shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD
of an invoice prepared and furnished by CONTRACTOR showing services performed and referencing tasks
and deliverables as shown in Attachment 1 - Statement of Work, and the amount of charge claimed. Each
invoice 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, Attn: Larry Watkins, Technology Advancement.
10. REFUELING STATION OPERATIONAL AVALlABILlTY - CONTRACTOR is obligated to comply with the
alternative-fuel refueling infrastructure Operational Availability requirements set forth as follows:
A. CONTRACTOR commits to that the refueling station remain operational and accessible to public andlor
fleets for a period of no less than five (5) years from the date the station begins dispensing fuel in its
initial capacity. Should CONTRACTOR not fulfill this obligation, CONTRACTOR shall reimburse AQMD
for a prorated share of the funds provided for the fueling facilities as indicated in the table below:
5 year Operational Availability Obligation Percentage of AQMD Funds to be
Termination Occurs Reimbursed
Within Year 1 100%
Between Years 1-2 80%
Between Years 2-3 60%
8etween Years 3-4 40%
Between Years 4-5 20%
After Year 5 0%
B. Should the station become inoperable and unable to be technically repaired or the repair would be too
costly, CONTRACTOR shall be excused from the payback provision above, provided that the technical
failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance.
C. The appropriate reimbursable amount shall be paid to AQMD within sixty (60) days from the date the
station ceases operation.
11. INTEllECTUAL PROPERTY RIGHTS - Title and full ownership rights to any software, documents, or
reports developed under this Contract shall at all times remain with AQMD. Such material is agreed to be
AQMD'S proprietary information.
A. Rights of Technical Data - AQMD shall have the unlimited right to use technical data, including material
designated as a trade secret, resulting from the performance of services by CONTRACTOR under this
Contract. CONTRACTOR shall have the right to use data for its own benefit.
B. Copyright - CONTRACTOR agrees to grant AQMD a royalty free, nonexclusive, irrevocable license to
produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in
the performance of this Contract.
12. 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. Notice shall be given by certified, express, or registered mail, return receipt
requested, and shall be effective as of the date of receipt indicated on the return receipt card.
AQMD:
South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Attn: Larry Watkins, Technology Advancement
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2003-261
Contract No. 03100
CONTRACTOR: City of San Bernardino
Public Services Department
300 N. D Street
San Bernardino, CA 92418
Attn: Lynn Merrill
13. EMPLOYEES OF CONTRACTOR
A. AQMD reserves the right to review the resumes of any of CONTRACTOR'S employees, and/or
employees of any subcontractors selected to perform the work specified here and to disapprove
CONTRACTOR'S choices. 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, its officers, employees, agents, representatives or subcontractors shall in no sense be
considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents,
representatives or subcontractors be entitled to or eligible to participate in any benefits, privileges, or
plans, given or extended by AQMD to its employees.
14. CONFIDENTIALITY - It is expressly understood and agreed that AQMD may designate in a conspicuous
manner the information which CONTRACTOR obtains from AQMD as confidential and CONTRACTOR
ag rees to:
A. Observe complete confidentiality with respect to such information, including without limitation, agreeing
not to disclose or otherwise permit access to such information by any other person or entity in any
manner whatsoever, except that such disclosure or access shall be permitted to employees of
CONTRACTOR requiring access in fulfillment of the services provided under this Contract.
B. Ensure that CONTRACTOR'S officers, employees, agents, representatives, and independent
contractors are infQrmed of the confidential nature of such information and to assure by agreement or
otherwise that they are prohibited from copying or revealing, for any purpose whatsoever, the contents
of such information or any part thereof, or from taking any action otherwise prohibited under this
paragraph.
C. Not use such information or any part thereof in the performance of services to others or for the benefit of
others in any form whatsoever whether gratuitously or for valuable consideration, except as permitted
under this Contract.
D. Notify AQMD promptly and in writing of the circumstances surrounding any possession, use, or
knowledge of such information or any part thereof by any person or entity other than those authorized by
this paragraph.
E. Take at CONTRACTOR'S expense, but at AQMD'S option and in any event under AQMD'S control, any
legal action necessary to prevent unauthorized use of such information by any third party or entity which
has gained access to such information at least in part due to the fault of CONTRACTOR.
F. Take any and all other actions necessary or desirable to assure such continued confidentiality and
protection of such information.
G. Prevent access to such by any person or entity not authorized under this Contract.
H. Establish specific procedures in order to fulfill the obligations of this paragraph.
\. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of
Government CQde Section 6250 et.seq. (Public Records Act).
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2003-261
Contract No. 03100
15. PUBLICATION
A. AQMD shall have the right of prior written approval of any document which shall be disseminated to the
public by CONTRACTOR in which CONTRACTOR utilized information obtained from AQMD in
connection with performance under this Contract.
B. Information, data, documents, or reports developed by CONTRACTOR for AQMD, pursuant to this
Contract, shall be part of AQMD'S public record unless otherwise indicated. CONTRACTOR may use or
publish, at its own expense, such information provided to AQMD. The following acknowledgment of
support and disclaimer must appear in each publication of materials, whether copyrighted or not, based
upon or developed under this Contract.
"This report was prepared as a result of work sponsored, paid for, in whole or in part, by
the South Coast Air Quality Management District (AQMD). The opinions, findings,
conclusions, and recommendations are those of the author and do not necessarily
represent the views of AQMD. AQMD, its officers, emplQyees, contractors, and
subcontractors make no warranty, expressed or implied, and assume no legal liability for
the information in this report. AQMD has not approved or disapproved this report, nor
has AQMD passed upon the accuracy or adequacy of the information contained herein."
C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of
this Contract of the restrictions contained herein and require compliance with the above.
16. 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 or mental disability and shall comply with the provisions of the
California Fair Employment & Housing Act (Government Code Section 12900 et seq.), 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.
17. 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 term
of this Contract without the consent of AQMD.
18. 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.
19. 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.
20. NON-EFFECT OF WAIVER - The failure of CONTRACTOR or AQMD to insist upon the performance of any
or all of the terms, covenants, or conditions of this CQntract, 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.
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2003-261
Contract No. 03100
21. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or interpretation of
this Contract, each party shall bear its own attorneys' fees and costs.
22. 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.
23, SEVERABILITY - In the event that anyone or more of the provisions cQntained in this Contract shall for any
reason be held to be unenforceable in any respect by a court Qf competent jurisdiction, such hQlding 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.
24. 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.
25. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
26. 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 disputes under this Contract shall be Los Angeles County, California.
27. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and
others, and that its employees performing services hereunder meet the citizenship or alien status
requirements contained in federal and state statutes and regulations including, but not limited to, the
Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all
covered employees perfQrming services hereunder all verification and other documentation of
employees' eligibility status required by federal statutes and regulations as they currently exist and as
they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and
document the continuing employment authorization and authorized alien status of employees performing
services under this Contract to insure continued compliance with all federal statutes and regulations.
B. Notwithstanding paragraph A above, CONTRACTOR, in the performance of this Contract, shall not
discriminate against any person in violation of 8 USC Section 1324b,
C. CONTRACTOR shall retain such documentation for all covered employees for the period described by
law. CONTRACTOR shall indemnify, defend, and hold harmless AQMD, its officers and employees from
employer sanctiQns and other liability which may be assessed against CONTRACTOR or AQMD, or both
in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for
employment of persons performing services under this Contract.
28. APPROVAL OF SUBCONTRACT
A. If CONTRACTOR intends to subcontract a portion of the work under this Contract, written approval of
the terms of the proposed subcontract(s) shall be obtained from AQMD's Executive Officer or designee
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Contract No. 03100
prior to execution of the subcontract. No subcontract charges will be reimbursed unless such approval
has been obtained.
B. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or
cost schedule shall also require the written approval of the Executive Officer or designee prior to
execution,
C. The sole purpose of AQMD's review is to insure that AQMD's contract rights have not been diminished
in the subcontractor agreement. AQMD shall not supervise, direct, or have control over, or be
responsible for, subcontractor's means, methods, techniques, work sequences or procedures or for the
safety precautions and programs incident thereto, or for any failure of subcontractor to comply with any
local, state, or federal laws, or rules or regulations.
2003-261
29. PREVAILING WAGES - 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.
30. 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.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
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2003-261
Contract No. 03100
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
CITY OF SAN BERNARDINO
Date:
/c)-v<3 -[)'5
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iOIIf~63
By (1I_~dy
Dr. Wilham A. Burke, Chairman, Governing Boara
ATTEST:
:~"drn~:JttC ~,C
APPROVED AS TO FORM:
Barbara Baird, District Counsel
By P \S)~ Yo1 ~.\)oVJ
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2003-261
ATTACHMENT 1
STATEMENT OF WORK FOR
CITY OF SAN BERNARDINO
CONTRACTOR shall construct and operate a public access, liquefied natural gas and
liquefied/compress natural gas (LNG-LlCNG) fueling station. The fueling facility location is at
the City of San Bernardino Municipal Service Yard, located at the intersection of Pershing and
Redick Streets in the City of San Bernardino. CONTRACTOR shall design and size the LNG-
LlCNG fueling station to meet CONTRACTOR's long-term needs as well as its other
publiclprivate partners. The new station will be designed to accommodate residential and
commercial refuse collection vehicles.
CONTRACTOR agrees that the LNG-LlCNG station shall be publicly accessible to all refuse
fleets within the basin for the entire term ofthe contract. CONTRACTOR agrees that the LNG-
LlCNG station equipment shall remain within the geographical boundaries of the AQMD for the
term ofthis Contract.
The CONTRACTOR's proposal dated December 4, 2001, in response to RFP No. P2002-19 is
hereby incorporated by reference as part ofthis Contract. Any changes or deviations from
CONTRACTOR's proposal, including but not limited to station components, will require written
approval by the AQMD Project Officer. This approval must be provided as supporting
documentation for any invoice requesting payment for station components that deviate from
those originally approved for AQMD funding.
CONTRACTOR shall perform the following tasks:
Task 1
Construction and Installation of Fueling Station
CONTRACTOR shall provide AQMD a copy of its solicitation for the construction of the LNG-
LlCNG fueling station. CONTRACTOR shall provide AQMD a copy of its subcontractor
agreement for AQMD review prior to proceeding with fuel site installation.
The LNG-LlCNG station will consist ofthe following components:
. 15,000 gallon bulk tank
. 165 psig maximum allowable working pressure, insulated to achieve a normal
evaporative rate less than or equal to 0.5 percent per day
. LNG two-stage pump providing 95 psig minimum differential pressure at 60 gpm with a
submerged pump to eliminate need for a cool down period
. LNG single hose dispenser with an average flow rate of 25 to 50 gpm, with piping and
stub-ups to add two additional dispensers at a later date as demand dictates
. Mass metering with an accuracy of plus or minus 1.5 percent and a meter on each
pumpldispenser
. Two CNG dual-hose dispenser(s) capable of dispensing CNG at both 3,000 and 3,600 psi
. 30,000 scf combined storage with priority sequencing
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2003-261
Installation including, but not limited to, utility tie-ins, start-up, debugging and stabilizing the
facility along with design, engineering, permitting, project management, training and purchasing
will be provided by CONTRACTOR.
Task 2
Operation of Station
CONTRACTOR agrees it shall operate the station for at least five (5) years after installation and
commencing to dispense fuel to fleets. Should CONTRACTOR desire to remove the station to
another location outside the geographical bounds of the AQMD or close the site prior to the end
date ofthis Contract, the CONTRACTOR shall reimburse the AQMD a prorated share offunds
per the terms of the CONTRACT. CONTRACTOR's maintenance staff shall be available 24
hours per day, seven days per week.
Task 3
Reporting
CONTRACTOR shall provide quarterly, annual and final reports as well as two-page summary
as stated in De1iverab1es.
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2003-261
PROJECT MILESTONES
CITY OF SAN BERNARDINO
Milestone
Due Date
Documentation of bid process and contractor selection .........................May 2004
to construct fueling facility
Award construction contract, submit copies of approved .......................June 2004
Construction permits, including grading building, electrical, etc.
Start construction and installation of facility ...........................................June 2004
Full operation and Pinal Report ...............................................................December 2004
Two-Page Project Summary ....................................................................December 2004
Quarterly Progress Reports..................................................................... .December 2003
(Due the 10th ofthe following month) .....................................................November 2004
Annual Project Progress Reports. ............................................................December 2005-09
(Due the 15th ofthe month)
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2003-261
Deliverables,
Including Reporting & Formatting Requirements
In addition to the deliverables set forth in the above-referenced statement of work,
CONTRACTOR shall supply the following reports to the AQMD under this Contract. Each
submitted report shall be stapled, not bound, printed in black ink, double-sided type, on an 8-112
by 11 inch page, and shall include camera-ready originals.
1. Two stapled copies of each quarterly progress report due by the 10th day of each
month following the reporting period. CONTRACTOR shall submit one copy of
each progress report to AQMD's Project Manager, and one copy to AQMD's
Contract Administrator-Technology Advancement, in conjunction with the
invoice for the same period. Each progress report shall include, but not be limited
to, the following:
a. Reference to AQMD contract number and title of project.
b. Reporting time period (months, year).
c. Description of work completed during the reporting period, including a
discussion of problems encountered and how those problems were
resolved; and other relevant activities.
d. Color photographs in a digital format, such as .ppt. .tif, .jpg on a CD or
sent electronically, of fueling infrastructure during the reporting period.
e. Discussion of work planned for the next reporting period.
f. Discussion of project status with respect to time schedule and steps being
taken to resolve any delays.
g. Discussion of cost status with respect to budget status and work completed
to date, costs to date, explanation of any overruns, and steps being taken to
bring costs back into line.
2. Three stapled copies of a final report for review, comment, and approval shall be
submitted no later than the date specified in the proj ect milestones.
CONTRACTOR shall submit two written copies and one electronic version ofthe
final report to AQMD's Project Manager and one written copy to AQMD's
Contract Administrator-Technology Advancement. This document shall be
considered in the public domain, in conformance with the California Public
Records Act (Government Code Section 6250 et seq.). Any trade secret
information may be submitted to AQMD in a separate report in which the trade
secret information is specifically identified. AQMD agrees to treat such trade
secret information in accordance with its Public Records Act guidelines relating
to trade secret information. AQMD shall complete its review ofthe final report
within four weeks of its receipt from CONTRACTOR. The final report shall
include, but not be limited to, the following:
a. Reference to AQMD contract number and title of project.
b. Project background and objectives.
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c. An executive summary up to three pages in length to include a short,
definitive statement of the problem/project; objective of the project,
including emission control objectives or goals and reference to AQMD
Rules if applicable; subject of the project including the technology
demonstration site, participants, dates, etc.; conclusions (potential
emissions impact, cost implications, and other factors); recommendations
(design changesloptimization, other applications ofthe technology, and
commercialization paths); and acknowledgment of all project sponsors.
d. A detailed description ofthe scope of work.
e. Annual fuel throughput
f. Color photographs in a digital format, such as .ppt. .tif, .jpg on a CD or
sent electronically, of fully operational fueling infrastructure.
g. Results - a discussion ofthe expected project results versus what was
actually achieved.
h. Costs - a comparison and discussion of expected versus actual AQMD
contract costs.
1. Problems - a discussion of significant problems encountered during the
contract and how they were resolved.
J. Recommendations
3. Two stapled copies of an annual report, plus one electronic copy, to be submitted
annually for the term of the agreement as specified in project milestones. This
document shall be considered in the public domain, in conformance with the
California Public Records Act (Government Code Section 6250 et seq.). The
annual report shall include, but not be limited to, the following:
a. Reference to AQMD contract number and title of project.
b. Slides or photos in electronic format of:
- The natural gas fueling site.
c. A description of the operation of the fueling site including:
- Annual fuel throughput.
- Amount of natural gas purchased during the reporting period.
d. Problems - a discussion of significant problems encountered during the
year and how they were resolved.
4. CONTRACTOR shall submit a two-page project synopsis. Attachment 3 to this
contract provides the format and content to be used for this synopsis. In addition
to a hard copy, CONTRACTOR shall provide the synopsis in an electronic
version, using Microsoft WORD. All color photographs and images shall be
embedded within the synopsis AND provided separately in digital format, such as
.ppt, .tif. or .jpg, on a CD or sent electronically.
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ATTACHMENT 2
PAYMENT SCHEDULE FOR
CITY OF SAN BERNARDINO
This is a fixed price contract. CONTRACTOR shall be reimbursed in the amount of
$143,208 as cost-share to offset the costs of purchasing and installing LNG-LlCNG
fueling systems at CONTRACTOR's site located at the intersection of Pershing and
Redick Streets. The AQMD cost-share of capital investments for storage and dispensing
equipment shall not exceed $143,208. An invoice must be accompanied by supporting
documentation, including equipment delivery, installation of the fueling facility, and
proof that station is fully operational. Final invoice shall be paid upon the receipt and
acceptance of final report.
Payment
Milestone
Fully Operational Station & Final Report
$143,208
Not-to-exceed amount
$143,208
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Attachment 3
AQMD Comracr #
Date of Puhlication (as mon/h year)
Project Title
Contractor
Prime contractor and significant subcontractors.
Cosponsors
List cosponsors from highest
contributor to lowest.
-.
"Q;C
Project Officer
AQ!vlD project manager name
Background
This section is a brief introduction describing the
need for the technology andlor clean fuel, as
defined by rules and regulations / mandates of
AQMD, ARB. EPA, DOE, etc. If applicable,
describe other relevant factors, slIch as economic
issues, energy savings, etc.
Project Objective
This section shouid briefly describe the project
objectives as originally stated in the Board (or
EO) Jetter. If the objective evolved significantly
during the contracting procedure, it should be
noted how and why.
Technology Description
This section describes the general principles of
operation and emissions control approach of the
technology and/or clean fuel involved in the
project.
If applicable, discuss how the principle of
operation differs from other, currently available
equipment. This includes describing what the
"advancement" actually is over currently available
technologies.
Status
This section describes the status or progress of the
project. lfthe project was completed. provide the
date of completion and note that the final report is
on file with complete technical details of the
project. Describe major project events, such as
the development I testing I delivery of hardware (if
applicable). If the project was terminated or
ended prematurely you still need to file this report.
Regardless of how it ended, per SB 199 you must
describe any unanticipated problems that were
encountered during the project, and how they were
(or were not) resolv<<d. [f"fatal" problems were
encountered, this section will be the hear1 of the
report, since it would be unlikely that major
benefits or emissions reductions were realized in a
terminated project.
Picture a/technology that has been supported
with AQMD/Technology Advancement
cosponsorship, (lapp/ieable. The picture,
preferably a photograph. shuuld clearly ii/astrate
the technolo,'?Jl, The si:::e a/the image should be
about 3x3 to fit this two calwnnformat. The
picture of the technology should he positioned on
the fi-ont page
Results
This section summarizes all available emissions
results and key performance characteristics.
Performance is meant in the broadest terms,
including (as applicable) emissions, energy
efficiency, operation and maintenance
requirements, overall environmental impacts, and
performance tradeoffs. The primary emphasis of
this section is the presentation of project data.
Performance results should be summarIzed using
clear, graphical depictions whenever possible:
Graph or table summarizing key performance
characteristics. Graphs are preferred over tables
when possible. Graphical data presented should
show the most representative data of the
projecl 's/technolog;y's performance. One graph
'rl'ould he preferred, but no more than two data
presenlations in this document.
Measured performance is to be compared with the
objectives/goals set for the project. Comparisons
should focus on targeted emissions reductions
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and/or other key performance goals (e.g. range for
electric vehicles).
There should also be a brief discussion of
perfonnance tradeoffs. That is, did achieving one
performance characteristic goal, such as
emissions, compromise another performance
characteristic, such as efficiency.
Benefits
This section crystallizes the above~noted
performance characteristics into project benefits,
e.g., reduced emissions, increased efficiency,
reduced global warming gases, or other
environmental ~nefits. The potential emissions
inventory impactofthis technology applied in the
South Coast Air Basin mLlst be estimated based on
performance results of this project and some
estimate of market penetration (concisely state
assumptions).
It clearly describes how those actual benefits
compare with the benefits that were anticipated at
the project's start. Be as detailed as possible,
including discussion of overall environmental
impacts and benefits. Address the question of
whether the technology may reduce an air
pollutant while improving (or worsening)
problems with water pollution, solid waste. global
wal1T1ing, toxic emissions, etc.
Project Costs
This brief section describes the actual costs of the
program (AQMD's funding contribution as well as
the oyerall cost sharing) and how they compare
with the originally projected costs of the project as
stated in the Board (or EO) letter. Cost
information can be presented graphically, in a
table, or in paragraph form. This section does not
address cost effectiveness or cost of
commercialization
Commercialization and Applications
This section describes the anticipated or potential
applications of the demonstrated technology
and/or clean fuel. If applicable. discuss follow on
projects 10 t[trther improve the technology. If
available or applicable. discuss expected costs of
comro! and cost-effectiveness in the context of
currently available technologies. Cost data should
be noted as estimates or projections, especially
since T A projects are often "first of a kind."
Prospects for commercialization should inciude a
discussion of the potential size of the target or
primary market, and if there is another market
segment or application that could use the
technology. Discussion of the commercial status
of the technology should address questions such
as: (1) how close to a commercial product is it:
(2) what work remains to bring it to market; (3)
when could it be made commercially available and
competitive; and (4) what barriers remain before
the technology can be commercialized.
For more inj(Jrmation: Techno/a.'sy Advancement qffice. South Coast Air Quality lvlanagement District
21865 Copley Dnve. Diamond Bar. CA. 91765. 909.396.3300. F'L" 909.3963252