HomeMy WebLinkAbout29-Public Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution authorizing the
execution of a purchase order to
Wondries Ford for the purchase of eight
(8) CNG vehicles for various Divisionsl
Departments
From: Lynn Merrill, Director
Date June 14, 2fjR I GIN A L
Meeting Date: June 21, 2004
Synopsis of Previous Council Action
Recommended Motion:
Adopt resolution
-?:.~
Contact person Lynn Merrill, Director
Phone:
5140
Supporting data attached:
Ward:
All
FUNDING REQUIREMENTS:
Amount: $214,941.13
Source: $ 52,645.24
635-341-571 Motor Vehicles
$ 62,434.04
527-412/413-5701 Refuse Funds
$ 19,861.85
132-431-5701 Sewer Funds
Grant Funds from MSRC: $ 80,000.00
City Portion:
$134,941.13
Finance:
Council Notes:
~'" -.!*2e:!l4-Z Cl3
Agenda Item No. ~
(;/.;11/0C;
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of a purchase order to Wondries Automotive for
the purchase of eight (8) CNG vehicles for various Divisions/ Departments.
Background:
On January 5, 2004 the Mayor and Common Council approved Resolution No. 2004-2,
endorsing a grant application under the Mobile Source Air Pollution Reduction Review
Committee by 2003/04 Local Govemment Match Program. The purpose of this grant
is to provide funds to local jurisdictions to assist in the purchase of alternative fuel
vehicles. The MSRC Local Government Match Program has a maximum allowable
amount of $10,000 per vehicle.
The City has identified eight vehicles that meet the City's criteria for replacement, which
are on the approved FY2003/2004 vehicle replacement list. "As part of an on-going
process of replacing worn out and higher maintenance cost City vehicles, the Fleet
Division hand-picked and identified light duty vehicles that were at least seven years
old, that had at least 100,000 miles or were known to have major mechanical problems
that necessitated replacement. As stated in the attached AQMD contract Exhibit 1,
16. Scrapping of Old Vehicles, "Any AB2766 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". Therefore, the vehicles to be replaced
will be retired and placed in surplus for auction.
Upon approval ofthis request, four (4) F-150 Ford Pick-Up trucks will be used to replace
existing Refuse Supervisor pick-ups, one (1) F-150 Ford Pick up will replace a Parks
and Recreation vehicle and one (1) F-150 Ford Pick up will replace a Facilities vehicle.
One (1) Cargo Van will be used for the new Sewer Line Camera Inspection Van, and
one (1) Passenger Van will be used to replace the existing Police Department Crime
Prevention Van.
There are no Ford dealers in the City of San Bernardino that are certified to sell CNG
vehicles. Fleet staff approached Wondries Automotive of Alhambra for a negotiated
purchase of the following altemative fuel vehicles. Wondries Automotive supplied their
on-staff grant writer to write the MSRC grant for the City at no cost to secure the City
$80,000 in funding to aid in this mandated purchase.
Earlier this Fiscal Year the Fleet Division purchased four Medium-Duty diesel vehicles
for various departments. In order to comply with SCAQMD Rule 1191, the purchase of
those four Medium Duty diesel vehicles must be offset by the purchase of eight (8)
altemative fueled vehicles rated as SULEV's (super ultra low emissions vehicle). See
attached Exhibit 1, Match Program and application. Currently Ford is the only
Manufacturer that produces a SULEV rated pick up truck and van.
.
.
Assianed Year Veh# Make/Model Mileaae Condition Reolaced With
PS/Refuse 1995 #200 Ford Ranger PU 106,888 *Econ burden Ford F150 PU
PS/Refuse 1995 #201 Ford Ranger PU 138,292 *Econ burden Ford F150 PU
PS/Refuse 1995 #205 Ford Ranger PU 158,753 *Econ burden Ford F150 PU
PS/Refuse 1995 #483 Ford Ranger PU 105,476 *Econ burden Ford F150 PU
Facilities 1985 #606 Chevy PU 175,630 *Econ burden Ford F150 PU
Parks/Rec 1989 #706 Dodge PU 179,743 *Econ burden Ford F150 PU
Police Dep. 1988 #2010 Dodge Pass. Van 108,312 *Econ burden
PS/Sewer New Ford Cargo Van
Financial Impact:
The total costfor all eight vehicles is $214,941.13. Grantfunds would provide $10,000
for each vehicle, for a total of $80,000 in grant funds. The remaining funding will come
from a combination offunds available in the Refuse Fund, Sewer Fund, and Vehicle
Replacement Fund:
Refuse:
(2) 1995 F-150 Ford Pick-Up Trucks
(2) 1995 F-150 Ford Pick-Up Trucks
Grant Funds 123-xxx-5701
Refuse Fund 527-412-5701
Refuse Fund 527-413-5701
Total
Sewer:
(1) New Ford Cargo Van
Sewer Fund 132-431-5701
Grant Funds 123-xxx-5701
Total
Fleet Vehicle ReDlacement Fund:
(1) 1985 Chevy Pick-Up
(for Facilities Management)
Fleet Fund 635-341-5701
Grant Fund 123-xxx-5701
(1) 1989 Dodge Pick-up
(for Parks & Recreation)
Fleet Fund 635-341-5701
Grant Fund 123-xxx-5701
(1) 1988 Dodge Passenger Van
(for Police Department)
Fleet Fund 635-341-5701
Grant Fund 123-xxx-5701
Total
Grand Total
Recommendation:
Adopt Resolution.
$ 31,217.02
$ 31,217.02
$ 40.000.00
$102,434.04
$19,861.85
$10.000.00
$29,861.85
$15,608.51
$10,000.00
$15,608.51
$10,000.00
$21,428.22
$10.000.00
$82,645.24
$214,941.13
o.
o
o
"
1
2
t(Q)~V
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER
TO WON DRIES FORD FOR THE PURCHASE OF EIGHT (8) CNG VEHICLES FOR
VARIOUS DIVISIONSI DEPARTMENTS.
3
4
5
6
7
8 endorsing application under the Mobile Source Air Pollution Reduction Review
9
10
11
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,
Committee by 2003/2004 Local Government Match Program.
SECTION 2. That Wondries Ford has offered a negotiated purchase of eight (8)
12 CNG vehicles for various Divisions/Departments.
13
14
15
16
17
18 /1/
19 /1/
20 /1/
21
22 /1/
23
24
25 /1/
26 /1/
27 /1/
28
SECTION 3. The Purchase Order shall reference this Resolution No.2004-_
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.
/1/
/1/
Ylo ~ Z/j
~/Z-!/o~
June 15. 2004
o
I
2
3
4
5
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE ORDER
TO WON DRIES FORD FOR THE PURCHASE OF EIGHT (8) CNG VEHICLES FOR
VARIOUS DIVISIONSI 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
6 meeting thereof, held on the
day of
, 2004, by the
7 following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9
10
11
12
13
ESTRADA
LONGVILLE
MCGINNIS
DERRY
o 14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
o
Rachel G. Clark, City Clerk
19
20
21
22
23
24
25
26
27
28
The foregoing resolution is hereby approved this
,2004.
day of
Approved as to
Form and legal content:
Judith Valles, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
May 18, 2004
o
o
()
EXHIBIT 1
FYOJ/04 .'r/SRC Discre,iofttJry FIUU/
Local GOI'emmenl Malc' Prol"'"
.
rill
><
South Coast
Air Quality Management District
ALTERNATIVE FUELS LOCAL GOVERNMENT MATCH PROGRAM CONTRACT
1. 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 ....
2. RECITALS
A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in
c 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's 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 perlorm under the terms of this
Contract.
FYOJI04 MSRC Discr~'iona'Y Fund
Local Government March Program
o (~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.
0EPORTING
A. PROGRESS REPORTS - A concise Interim Reporl 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.
('~
o 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.
o
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 uPo.n 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 non breaching 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.
o
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.
FYOJ/04 MSRC DilCreliotfa'Y FwuJ
Local Governnlf!lIl Match Program
o 10. REFUELING STATION OPERATIONAL AVAILABILITY - [USE FOR INFRASTRUCTURE PROJECTS
ONL YI 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 Percentage of MSRC Funds to be
ObIioation T ermlnalion Occurs Reimbursed
Within Year 1 100%
Between Years 1-2 80%
Between Years 2-3 60%
Between Years 3-4 40%
Between Years 4-5 20%
After Year 5 0%
o
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.B, 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 Percentage of MSRC Funds 10 be
Obligation Termination Occurs 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.
o
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 ($1,000,000).
CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions
thereof. AQMD shall be named as an additional insured on such liability policy and thirty (30) days
written notice of modification of any such insurance shall be given by CONTRACTOR to AQMD. Such
modification is subject to preapproval by AQMD. If CONTRACTOR fails to maintain the required
insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional
insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to
CONTRACTOR.
o
o
o
f:YOJ/04 MSRC Discntiofltll)' FlUId
Locol Govemment Match Program
INSURANCE [OPT/ON B] - CONTRACTOR is permissibly self-insured and will maintain self-insurance
in accordance with applicable provisions of California law as evidenced by certificate of self-insurance
in Attachment 4, herein. CONTRACTOR shall maintain such coverage during the term of this Contract
and any extensions thereof. If CONTRACTOR fails to maintain the required insurance coverage,
AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill
CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR.
12. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its
officers, employees, agents, representatives, and successors-in-interest against any and all loss,
damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and
successors-in-interest may incur or be required to pay by reason of any injury or property damage
caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of
this Contract.
,
13.'~PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of ... Dollars ($...) upon completion of the
project on a reimbursement basis. Any funds not expended upon early contract terminaUon 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 fumished 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 IdentificaUon 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 AS 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 AS 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 AS 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.[OPTlONAL]
14. MOBILE SOURCE EMISSION REDUCTION CREDITS IMSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds
, may be generated and/or sold.
o
o
o
FYOJ/04 MSRC Discre/ionary Fund
Local Go\.ernment 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 AS 2766-MSERCs.
CONTRACTOR would then receive the balance of the MSERCs not associated with AS 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 AS 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 AS 2766 projects which remove or retire a
vehicle(s) from fleet service as a direct result of AS 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: ...
...
o
o
o
FrOJ/()4 .u$RC Discretionary Fund
Local Go\'trnmeru MaId Prorram
***
Alln: ***
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 stale 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, privtleges. 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 term 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.
FroJIOJ .\.JSRC Discrelionary Fund
LOC:(l1 Go\'ernment Match Progt'tlm
o
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, direcUy 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 anyone 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.
o
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, Califomia.
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.
o
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
CqNTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and
o
o
o
FYOJI04 ,t,fSRC DiscnliollGry Fund
Local GoVt!nrment 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:
By:
Norma J. Glover. Chairman of the Board
Dale:
Dale:
ATTEST:
Jackie Dix. Clerk of the Board
By:
APPROVED AS TO FORM:
Barbara Baird, District Counsel
By:
MSRCLocaIGovMalch( 12/12/03)
.
Ol!li
South Coast
Air Quality Management District
Contract No. ABL0207A
ModiflCiltion
This modification consists of 2 pages.
1. RECITALS
A. The South Coast Air Quality Management District (hereinafter 'AQMD") and the City of San
Bemardino (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 LNGILCNG fueling
station, due primarily to environmental concerns raised by elected officials. Contractor had to
review altemative 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.
o
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:
By:
Barry R. Wallerstein, D. Env., Executive Officer
Date:
Dale:
APPROVED AS TO FORM:
Barbara Baird, District Counsel
By:
o
/lModifica
7January2003
1
o
o
()
Attachment 1 A - Statement of Work and Project Schedule
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
AB 2766 Contract Number L0207 A
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 November, 2003 May, 2004
Approvals
Issue Station Construction RFP and award June,2004 June,2004
Contract
Station Installation/Construction June,2004 December, 2004
Station Operation TestinglTraining 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.
o
.
FrOJIO. MSRC DjJ<"'~ FIIItd
:"oca: Go\.-ernm~nl MaId""""'"
Title: Fleet Manaaer
Fax #: _ (909) 384.
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:
Address:
Citv of San Bernardino
182 S. Sierra Way
San Bernardino, CA
Don Johnson
! ~
COntact Person:
Telephone Number:
5013
(909) 384-5220
E-Mail Address:
johnson_ do@ci.san-bemardino.ca.us
o B. Please answer the following questions:
o
YES NO
1. Are you submitting a Joint Application with other Cities/Counties?
2. If .Ves", are you authorized to act of behalf of all participants?
o
o
3. If "Ves", please provide the names of all other project participants.
Please designate if the other participants are public agencies or
private entities:
Public
a)
b)
c)
d)
o
o
o
o
lEI
o
Private
[]
[]
[]
[]
YES NO
4. If you answered .Ves" to questions 1 and 2, above, have you
attached a letter from each entity designating a lead agency and
authorizing that agency to act on behalf .of the other participants?
[]
[]
o
o
o
FYOJI04 MSRC DiscreliOlta", FWII/
LoclIl Go..'ernmenl Maid Prv,,.,,,
.
EXHIBIT B
PROJECT DESCRIPTION/STATEMENT OF WORK
Purchase of Medium and Heavy-Duty A/ternative Fue/ Vehicles
(Return this page as part of your Match Program application only if you are applyinfl 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).
, .
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 vens.
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 direcUy. 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.
1. Do all vehicles satisfy the requirements specified in Section I.E.2?
2. Total Number of Medium Duty Vehicles: 8
3. Total Number of Heavy Duty Vehicles: 0
YES
lEI
NO
c::J
FYOJIO< MSRC DlscTOli1M1117 F_
Loc:'! GOYemmelf' MtJldI Pror-
o
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 SY FUNDING CATEGORY AMOUNT
1. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE
~ ~URCHASES FROM EXISTING UNALLOCA TED BALANCE: $ 0
"
2. AB 2766 SUBVENTION FUNDS APPLIED TO ALL VEHICLE
PURCHASES FROM FUTURE YEAR ALLOCATION (FY 200212003): $ 0
3. LOCAL FUNDS APPLIED TO ALL VEHICLES PURCHASES
(E.g. MEASURE A, MEASURE C): $ 134.941.13
4. TOTAL AB 2766 SUBVENTION FUNDS AND LOCAL FUNDS
0 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): $ 80.000
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: $ 214.941.13
C. Please list all funding sources other than AS 2766 Subvention Funds or MSRC Match Funds:
NON-AS 27661MSRC FUNDING SOURCES AMOUNT
a) $
b) $
c) $
TOTAL "OTHER" PROJECT CO.FUNDING: $
0
F rOl104 MSRC Dis<rctifnu117 FIIIId
Loced GOl.'tfnment Mad Prv,,.,,.
o
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.
o
MEDIUM DUTY VEHICLE PURCHASE COSTS (PLEASE LIST EACH VEHICLE INDIVIDUALLY):
1. F-150 FORD PICKUP $ 25,608.51
2. F-150 FORD PICKUP $ 25.608.51
3. F-150 FORD PICKUP $ 25.608.51
4. F-150 FORD PICKUP $ 25.608.51
5. F-150 FORD PICKUP $ 25.608.51
6. ~ c F-150 FORD PICKUP $ 25.608.51
','
7. E-350 PASS VAN $ 31.428.22
8. E-350 CARGO VAN $ 29.861.85
TOTAL MEDIUM DUTY VEHICLE PURCHASE COSTS: $ 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 $/I<iOUR = $
2. LABOR HOURS x $/HOUR = $
TOTAL DIRECT LABOR COSTS: $
OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS:
TOTAL OTHER DIRECT COSTS:
$
$
1.
ADMINISTRATIVE COSTS:
$
TOTAL PROJECT COST:
$ 214.941.13
(), PLEASE NOTE THAT THE TOTAL PROJECT COST REFLECTED IN SUBSECTIONS 8 AND D.
ABOVE. SHOULD BE CONSISTENT.
o
o
o
FYOJI04 MSRC DisCreliolla"Y FUlld
Local GOllemnrenl Maleh Pro,,,,,,.
EXHIBIT 0
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
___.____ __________0__
Tasl<,2 - 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 ATP + 7 months ATP + 7 months
------------------------------- ------------------------ ----
Task 5 - Conduct Refueling Training with new vehicl ATP + 8 months ATP + 8 months
_____.______.__._..___~.______ _,._"_...__.... __.__.._._.. _______._____..___,_.___ .__ ...._._n._._.__..___n ___...___
--_._---_._--~-----,_._._._-_. ...-.-- .-..-----.--.-..--.'.'...---..-.---..'----.-- -.--
____ ___._________ ..__._______._____.___..__ __._.__m..____... ___.._......_._..____._.'"_._ ..._ _. ......___..__.___.._ .. _.. ".__.._.._.__
._..__._.__. ..__._._____.____.. ____ ___._._ ~. _~._..._...__ ._.__,,___. _______ ._..._...._.___.__._..~.._ ._..__m.__. ._.._._ ..... ___ ...._._ ..__ ______
________________._._____.____.._________.__._ ______._.___._m___.~. ._.__._ ._._.______ ___~_.__.__._.__..
----_._-----_._--~._----~--_.._.__.__..-_._-_.._----._-_.._---. ---- ---.-------.-----...---.-....-. --------_..~.- -.--.-..-..----
-------------------- -------
If a separate milestone schedule is attached, please label the attachment "Exhibit 0: Project Milestone
Schedule" and include in your application package.
FYOJIO-I MSRC DiscreliOlltlry FUlfd
Local GO\'erflMent MalCh Pro,,,,,,.
o
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-cluty 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;
o
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 a
Vehicle Make & Fuel Engine Vehicle Vehicle Annual Annual
Model & Life Vehicle Hours of
- Model Type Horseoower (yearsl Duty Cycle Mileaoe Ooeratlon
1 FORD F-150 CNG 5.4L V-8 8 Maint. 10,000 1.200
PICKUPS 225 HP .. Trucks
-- - ------- -.. --'.
2 FORD E-350 CNG 5.4 V-8 275 7 Maint Vans 10,000 1200
VANS HP
-- - - ---..
3
----- ------,- --.
4
._- ------- --- ------'-- --
5
-- -- -
6
___n_ --- --
7
8
.--
9
-- -- ,---- ---- ---. -- ---
10
o
10
o
o
FYOJI04 MSRC DiscreliQIIGry Fwtd
LOC;;j Go\.trllmen, Mal(JJ PrO,NUft
EXHIBIT F
CERTIFICATE OF INSURANCEI
LETTER OF SELF INSURANCE
All MSRC contractors are required to provide a Certificate of Insurance naming the South Coast PJr
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.
(da,t!)
'.
MSRC Contracts Administrator
South Coast Air Quality Management District
21865 East Copley Drive
Diamond Bar, Califomia 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 andlor 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.