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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lynn Merrill, Director
ORIGlNAL
Subject: Resolution authorizing the
Mayor of the City of San Bernardino to
execute on behalf of the City a Contract
between the South Coast Air Quality
Management District and the City of San
Bernardino for the receipt of grant funds
in the amount of $143,208 for
construction of the LNG-UCNG Fueling
station at the City Corporate Yard.
Dept: Public Services
Date August 11, 2003
Meeting Date: August 18, 2003
January 7,2002
Reso 2002-12 Ratification for submittal of application for funds
from SCAQMD $143,208
Recommended Motion:
Adopt resolution
t:.1t4
, Signature
Contact person Lynn Merrill, Director
Phone:
5140
Supporting data attached:
Ward:
3rd Ward
FUNDING REQUIREMENTS:
Amount:
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Finance:
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Council Notes: .pf!k2!tO<-<-.3l7 15 (i'5jCY5, NrJ'-f' cr /d /0., -e I~
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Vr~~ ?tD~ '2(P1
Agenda
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the
City a Contract between the South Coast Air Quality Management District and the City of
San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of
the LNG-UCNG Fueling station at the City Corporate Yard.
Background:
The South Coast Air Quality Management District has adopted various District Rules that
mandate municipalities that operate fleets of medium and heavy-duty trucks must purchase
vehicles that operate on alternative fuels such as Compressed Natural Gas (CNG) and
Liquified Natural Gas (LNG). Over the last three years, the City has been successful in
obtaining various grants totaling $1,125,952 to fund the design and construction of a LNG-
UCNG Fueling Station for the City Yard.
On January 7, 2002, the Mayor and Common Council ratified a grant application for
$143,208.00 from the South Coast Air Quality Management District as part of the
$1,125,952 in grant funds, (Attachment 1). A letter dated November 6,2002 from AQMD
transmitted the attached contract and was received by the Public Services Department on
November 7, 2002, (Attachment 2 and 3). Due to the nature of the project, it had been
determined by the previous City Engineer that this project fit the scope of a Public Works
project and this contract was forwarded to the Development Services Department for
processing and preparation of an agenda item. The contract was inadvertently filed and
was just recently discovered on July 29, 2003.
Staff contacted the AQMD Contract Administrator on August 6, 2003 and was advised that
the contract was still valid. Due to delays in the project relating to environmental issues and
concerns, the Contract Administrator advised staff to make pen and ink changes to two
pages of Attachment 1 of the contract as it relates to the Statement of Work, specifically the
dates that various actions and items would be completed. Staff made these changes to the
attached contract and is now asking for authorization to execute this contract in order to
receive this funding.
Financial Impact:
The following table summarizes the funding sources for construction of the LNG-L1CNG
Fueling Station at the City Corporate Yard:
Funding Source Funding Amount Percent of Project Cost
SAN BAG CMAQ $ 911,859 73%
MSRC Match $ 70,885 '6%
Refuse Funds $ 124,100 10%
SCAQMD RFP - P2202-f9 $ 143,208 11%
TOTAL $ 1,250,052 100%
Recommendation:
Adopt resolution.
. >
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lynn Merrill, Director
ORIGINAL
Subject: Resolution authorizing the
Mayor of the City of San Bernardino to
execute on behalf of the City a Contract
between the South Coast Air Quality
Management District and the City of San
Bernardino for the receipt of grant funds
in the amount of $143,208 for
construction of the LNG-UCNG Fueling
station at the City Corporate Yard.
Dept: Public Services
Date August 11, 2003
Meeting Date: August 18, 2003
January 7,2002 Reso 2002-12 Ratification for submittal of application for funds
from SCAQMD $143,208
Recommended Motion:
Adopt resolution
I:.;!I
Contact person Lynn Merrill, Director
Phone:
5140
Supporting data attached:
Ward:
3rd Ward
FUNDING REQUIREMENTS:
Amount:
o
Finance:
~~/dL
Council Notes: .ptaJtOcWL7 3 (6/0\ #r:l'-f; '1 /d lej -t! I~
V-t:7~~ ?rDK '2& I
Agenda
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the
City a Contract between the South Coast Air Quality Management District and the City of
San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of
the LNG-UCNG Fueling station at the City Corporate Yard.
Background:
The South Coast Air Quality Management District has adopted various District Rules that
mandate municipalities that operate fleets of medium and heavy-duty trucks must purchase
vehicles that operate on alternative fuels such as Compressed Natural Gas (CNG) and
Liquified Natural Gas (LNG). Over the last three years, the City has been successful in
obtaining various grants totaling $1,125,952 to fund the design and construction of a LNG-
UCNG Fueling Station for the City Yard.
On January 7, 2002, the Mayor and Common Council ratified a grant application for
$143,208.00 from the South Coast Air Quality Management District as part of the
$1,125,952 in grant funds, (Attachment 1). A letter dated November 6,2002 from AQMD
transmitted the attached contract and was received by the Public Services Department on
November 7, 2002, (Attachment 2 and 3). Due to the nature of the project, it had been
determined by the previous City Engineer that this project fit the scope of a Public Works
project and this contract was forwarded to the Development Services Department for
processing and preparation of an agenda item. The contract was inadvertently filed and
was just recently discovered on July 29, 2003.
Staff contacted the AQMD Contract Administrator on August 6, 2003 and was advised that
the contract was still valid. Due to delays in the project relating to environmental issues and
concerns, the Contract Administrator advised staff to make pen and ink changes to two
pages of Attachment 1 of the contract as it relates to the Statement of Work, specifically the
dates that various actions and items would be completed. Staff made these changes to the
attached contract and is now asking for authorization to execute this contract in order to
receive this funding.
Financial Impact:
The following table summarizes the funding sources for construction of the LNG-UCNG
Fueling Station at the City Corporate Yard:
Funding Source Funding Amount Percent of Project Cost
SAN BAG CMAQ $ 911,859 73%
MSRC Match $ 70,885 '6%
Refuse Funds $ 124,100 10%
SCAQMD RFP - P2202-19 $ 143,208 11%
TOTAL $ 1,250,052 100%
Recommendation:
Adopt resolution.
. >
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Attachment 1
RESOLUTION NO. 2002-12
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO FOR RA TIFICA nON OF A GRANT APPLICATION TO HELP
FUND A PUBLIC-ACCESS LNGILCNG FUELING FACILITY
WHEREAS, The South Coast Air Quality Management District (SCAQMD) has
extended a Request for Proposal for the Development of LNG Refueling Stations in
the South Coast Air Basin. This grant will provide cost-share funds to assist public
and private fleets to establish LNG-UCNG fuel dispensing facility projects for public
access in the four county areas.
NOW, THEREFORE BE IT RESOLVED that the Mayor and Common Council
of the City of San Bernardino ratify the submission of an application for a grant in the
amount of $143,208 from the South Coast Air Quality Management District to help
fund a public-access LNG/LCNG Fueling Facility.
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2002-12
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO FOR RATIFICATION OF A GRANT APPLICATION TO HELP FUND A
2 PUBLIC-ACCESS LNG/LCNG FUELING FACILITY
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
5 ~ day of January ,2002, by the following vote, to wit:
6 Council Members: AYES NAYS ABSTAIN
7 ESTRADA X
8 LIEN X
9 MCGINNIS X
10 SCHNETZ X
II SUAREZ X
12 ANDERSON ---
13 MCCMMACK --
14
ABSENT
X
X
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16
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The foregoing resolution is hereby approved this
'-('" d~~~_O(
January
,2002.
20 Approved as to
Form and legal content:
,
d' h Valles, Mayor
Cit of San Bernardino'
21
JAMES F. PENMAN,
22 City Attorney
23
24 By: ~
25 0
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Attachment 2
South Coast
Air Quality Management District
21865 E. Copley Drive, Diamond Bar, CA 91765-4182
(909) 396-2000' www.aqmd.gov
.~11
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November 6, 2002
Ms. Lynn Merrill
City of San Bernardino
Public Services Department
300 North D Street
San Bernardino, CA 92418
RE: CONTRACT NO. 03100
Dear Ms. Merrill:
Enclosed herewith are two originals of the above-mentioned contract in the amount of
$143,208 as cost-share for the purchase and installation ofa LNG-L1CNG fueling station
at your San Bernardino facility. Please have both originals signed and returned to my
attention at your earliest convenience. Once the contract is fully executed by both parties,
one original will be sent to you for your records.
If you have any questions regarding the contract, please contact me by telephone at 909
396-3237 or bye-mail at dramirez@aqmd.gov.
Respectfully,
Ckt~ 0 J2{t,Jy~~
Drue A. Ramirez
Contracts
Science & Technology Advancement
Idar
OVERNIGHT ~.
Enclosures
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REso~~rl
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-L/CNG 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- and
shall read, "Grant Funds for construction of LNG-L/CNG 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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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
meeting thereof, held on the day of , 2003, by the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2003.
day of
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: ~ T/~
o
August 28, 2003
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 California Franchise Tax Board.
C. All parties to this Contract have had the opportunity to have this Contract 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.
I
Exhibit "A"
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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
nonbreaching 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 nonbreaching 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.
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
2
Exhibit "A"
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 and/or
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%
Between 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
.
3
Exhibit "A"
.
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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
agrees 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 informed 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.
I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of
Government Code Section 6250 etseq. (Public Records Act).
4
Exhibit "A"
.
.
.
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, employees, 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 (PL 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 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
5
Exhibit "A"
e
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 jndirec~y,
from acts of God, civil or milrtary 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.
21 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 compelent 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 pan 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.
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GOVERNING LAW . This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of Ihe Slate 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 (PL 99.603) CONTRACTOR shall obtain from all
covered employees performing 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.
8. Notwithstanding paragraph A above, CONTRACTOR, in the performance of this Contract, shall not
discriminate against any person in violation of 8 use 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 sanctions 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.
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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
6
Exhibit "A"
_
-30.
_
Contract No 03100 . .. .
prior to execution of the subcontract No subcontract charges wilt 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 shalt 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.
.,.
29. PREVAILING WAGES - CONTRACTOR is alerted to the prevailing wage nequirements 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 shalt be made available to any interested party on request Notwithstanding the
preceding sentence, CONTRACTOR shalt 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
.
....
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 wriling 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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Exhibit "A"
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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
By
Norma J Glover, Chairman of the Board
By
Date
Date:
ATTEST
Jackie Dix, Clerk of the Board
By.
APPROVED AS TO FORM
Barbara Baird, District Counsel
By~~Q ~~ ~ ~V~ JS~
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Exhibit "A"
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ATTACHMENT I
ST A TEMENT OF WORK FOR
CITY OF SAN BER."\ARDINO
CONTRACTOR shall construct and operate a public access, liquefied natural gas and
liquefied/compress natural gas (LNG-L/CNG) 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-
L/CNG fueling station to meet CONTRACTOR's long-term needs as well as its other
public/private 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 of the contract. CONTRACTOR agrees that the LNG-
LlCNG station equipment shall remain within the geographical boundaries of the AQMD for the
term of this Contract.
The CONTRACTOR's proposal dated December 4,2001, in response to RFP No. P2002-19 is
hereby incorporated by reference as part of this 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
CONTRA.CTOR shall provide AQMD a copy of its solicitation for the construction of the LNG-
L/CNG 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 of the 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
pump/dispenser
. 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
C:\Documents and Senings\HPearce\Local Settings\Temporary Internet files\OLK18\City of San BernardinO 03100
SOWandPaySch,doc Exhibi t "A"
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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 of this 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 Deliverables.
C:\Documents and Settings\HPearce\Local Setlings\Temporary Internet Files\OLK18\City of San Bernardino 03100
SOWandPaySch,doc
Exhibit "A"
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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 Final Report ..............................................................December 2004
Two-Page Project Summary ....................................................................December 2004
Quarterly Progress Reports..... .......... ........ ..... ... ... ... .... ............... ...... ....... .December 2003
(Due the 10th of the following month) .....................................................November 2004
Annual Project Progress Reports. ......... ..................................................December 2005-09
(Due the 15th of the month)
C:\Documents and Setlings\HPearce'oLocal Settings\Temporary Intemet Flles\OLK28\City of San Bernardino 03100
SOWandPaySchdoc Exhibit "A"
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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 8-1/2
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.
b.
Reference to AQMD contract number and title of project.
Reporting time period (months, year).
Description of work completed during the reporting period, including a
discussion of problems encountered and how those problems were
resolved; and other relevant activities.
Color photographs in a digital format, such as .ppt. .tif, .jpg on a CD or
sent electronically, of fueling infrastructure during the reporting period.
Discussion of work planned for the next reporting period.
Discussion of project status with respect to time schedule and steps being
taken to resolve any delays.
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.
c.
d.
e.
f
a
O'
2. Three stapled copies of a final report for review, comment, and approval shall be
submitted no later than the date specified in the project milestones.
CONTRACTOR shall submit two written copies and one electronic version of the
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 of the final report
within four weeks of its receipt from CONTRACTOR. The final report shall
include, but not be limited to, the following:
a.
b.
Reference to AQMD contract number and title of project.
Project background and objectives.
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Exhibit "A"
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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 changes/optimization, other applications of the technology, and
commercialization paths); and acknowledgment of all project sponsors.
A detailed description of the scope of work.
Annual fuel throughput
Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or
sent electronically, of fully operational fueling infrastructure.
Results - a discussion of the expected project results versus what was
actually achieved.
Costs - a comparison and discussion of expected versus actual AQMD
contract costs.
Problems - a discussion of significant problems encountered during the
contract and how they were resolved.
Recommendations
d.
e.
f.
g.
h.
I.
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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.
C:\Documenls and Settings\HPearcc\Local Scttings\Temporary Internet Files\OLK1R\City of San Bernardino 03100
SOWandPaySch.doc
Exhibit "A"
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A TT ACHMENT 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-L/CNG
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.
Milestone
Payment
Fully Operational Station & Final Report
$143,208
Not-to-exceed amount
$143,208
C:\Documents and SeningslHPearce\Local Seuings\Temporary Internel Files\OLK28\City of San Bernardino 03100
SO\l./andPaySch.doc
Exhibit "A"
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Attachment 3
4Q.\fD COII/mel #
Diltt! of Publicmiul1 (as month yt!ar)
Project Title
Contractor
Prince conlrocto" unu' .\i,l'll{!c:(lI1: YlIDcuntroc!or.s
Cosponsors
list cosponsors/rom highest
con:nbillOf to lowes{
. ...~
Project Officer
:.JQAIO prop..:u mor:ngcr name
Background
This section is a brief Introduction describl:lg the
need for the technology and/or clean fuel, as
defined by rules and regu!auoJls;' !l1andates of
AQMD, ARB. EPA. DOE, ere. Ifapplicoble,
describe other [-elevant factors, sLlch as econurnlc
:S5ues. ene:-gy savings, elC
Project Objective
This section should bricfl) describe the project
objectiv'es as urigll1<1lly slated in the Board (or
EO) lcnel Jfthc objective evolved slgniflcJlltl>
dUring the cOlllraCllng procedure, it should be
noted how and why
Technology Description
This section describes the general principles of
operation and emissions control approach oftl1e
technology and/or clenn fuel involved in the
proJect.
I; applicable, discllss how the principle of
operation differs from other. currently available
eCluipment. Thls includes describing what the
"advancernent" actually is over currently available
technologIes,
Status
This sectIOn descnbes the status or progress of the
proJect. If the project was completed, provide the
d3te of compktion Zlnd note that the final repOl1 is
on file with complete technical details of the
project, Oescnbc ma}or project ner.ts, such JS
the development i testir~g de!lvery ofh3rdware (If
applic3ble), If the proJect was terminated or
ended prematurely you sull need to fiie this repoJ1
Regardless of how It ended, per sa 199 YOll must
describe any unanllcipated problems that v,'ere
encountered dunng the project, and ho,-'" they were
(or y...'ere I1ot) I'eso!ved, !f"fa:JI" proble:ns \yerc
encoLllllerecJ, tl1ls seC:IOll v.n] I be the )le;J!-1 of;he
repor1, S\liCe II would bc unlikely' th2lt f112lJor
benefits or emiSSions reductions \\ere realIzed ill J
tennlnatec: project.
PiClHre ofre:hnology thet has been srlpported
with rlQMD/Techr;%sY Ac!vancerl7ent
cosponsorship !/"app/n.a6/e The jJn:wr2,
preferably CI photogruph, shcndd cleur/}' illustrate
the technologv The sr::e 0/ (hi! image should be
aboLlt 3x3 toft thIS r,~() cO/lImn/ermar The
picture of the rechnology 'i/wuld he puslfwned on
the/rent page
Results
ThiS section sLlmm<:lrizes 311 JvailC'..bk emissions
r('sults ;:Jnd ke;' performance Cnal"JctelStlCS
Performance is meant In the broJdest tc~ms,
Including (os applicable) emissions. energy
efficiency, o~eration and mJlIltenance
requirements, overall e:l\lronmenul ;clpacls. aild
performance tl"adeoffs, The primal)' emphaSIS or
this section :s the presentZltlOn of project data.
Performance results should be summarized uS~lng
clear, graphIcal depictions whenever possible,
Graph or rable summurl2ing Ke,v pe,Ijcmnance
c!wracrensl1CS Grapl75 are prslerred ove!' !ablr?s
when puss/bfe GrClphicui da/a presented should
show the must representcl!I\'e dU[LI n/lhe
prujt'C! "s/techno!cs,T1' '5 perjornll1l1ce One graph
.vGuld he preferred, ou! no more (hem Avo dOlO
presentatIons i/1 thiS document
MeJsurec performance is :'0 be compared with the
objectives, g'J(I]s set for lhe project COlTIparisons
should focus on tJrgetccl er.1!SSlons reductions
Exhibit "A"
.
il:ldor olne:- key' performance gozds (e.g range for
e\ectrtC \e~lcles'l
T:le~e s:lou]d (llso be a brief cLscussion of
perfo:1Tlance tradeoffs. That IS. did achieving one
pcrfonnance characteristic goal, such as
er:liSSlc'ns. compromise anot1er performance
CtL3r2.ctCrlstlC. suc~ as efflcie:lCY.
Benefits
"f:-:15 se:::JOll u:,s:Zlitizes the above-noted
performance ch";"actenstlcs into pmject benefits,
e.g, reduced emissions, JJ1crcased efficiency,
reduced global warr.1ing gases, or other
environmental ~l1efits. The potential emissions
Inventory itnpa~'(ofthjs technology applied in the
South Coa.st Ail- Basin mL:st be estimated based 011
performance results of this project and some
estlll1ate of mal'lcer penetration (concisely state
assu:Tlptlons)
.
It ciearly descrihes hO\\i those actual benefits
compare With the benefits thJt were antlcipated at
the proJect's stan Be as detailed as possible,
Illcludmg discussion of o\'era!1 environmental
Impdcts ~li1d ben~rlts Address the question of
\vhcther the technology may reduce ZIn air
poliutant whlie Imp~OVlTIg (or v..'orselllng)
problems \\llth \\<lter pollutloll, solid waste, global
\\'ar:T1lTIg, :OXIC emISSIons, etc
Project Costs
ThiS brief section describes the actual costs of [he
p.ogram (AQMD's funding contnbution as well as
the overall cost sharmg) and how they compare
with the onginally projected costs of the project as
stated in the Board (or EO) letter Cost
InfofJT',ation can be presented graphIcally, in a
table, or in paragraph form This section does not
address cost effeCtlveness or cost of
commet'C la! iz;.nion
.
Commercialization and Applications
ThiS sec:ion describes the anticipated or poten/ia!
appJ Icatlons of the demonstrated technology'
and/or clean fuel. If applicable. discllss follow on
~rojects to further improve [he techr.ology. If
avZ!.iiable or applicable. dISCUSS expected costs of
comrol and cost.effectiver:ess in the context of
curremiy aV8.llable tec~,-Ilo1og~es. Cost data should
be noted as estim<1tes or projec~ions, especially
sillce T A projects are often "'first of a kmd."
Prospects for commercialization should in.::lude <l
dlscllssion of the potential size of the target or
primar)-' marker, and If there IS another' market
segr.1ent or application th<::t eQuid use the
technology, DISCUSSIon of the commercIal sta:us
of the technology should address questions such
as: (1) ho\\- close to a commercial product IS n;
(:2) what work remains to bflng it to market; (3)
when could it be made commercially avaibble and
competitIve, <lnd (4) \-\lJat barriers !'emain before
the technoiogy can be co:ntllerciaiized
For 1II0re /tj!nrmauol7 Techno/a,\!)' Advancement O/flce South Cuosr Air Qua/it'!' A/anagement Dlstl'lc{
:3/865 Copley Dl'n'e Dwmond Bur CA 9/765 9093963300 Fax 909 396 3::52
Exhibit "A"
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lynn Merrill, Director
Subject: Resolution authorizing the
Mayor of the City of San Bernardino to
execute on behalf of the City a Contract
between the South Coast Air Quality
Management District and the City of San
Bernardino for the receipt of grant funds
in the amount of $143,208 for
construction of the LNG-UCNG Fueling
station at the City Corporate Yard.
Dept: Public Services
Date August 11, 2003
S~~{J
Meeting Date: AUEjU3t W,' 2003
January 7, 2002
Reso 2002-12 Ratification for submittal of application for funds
from SCAQMD $143,208
Recommended Motion:
Adopt resolution
'~1t4
,. Signature
Contact person Lynn Merrill, Director
Phone:
5140
Supporting data attached:
Ward:
3rd Ward
FUNDING REQUIREMENTS:
Amount: 0
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the
City a Contract between the South Coast Air Quality Management District and the City of
San Bernardino 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.
Background:
The South Coast Air Quality Management District has adopted various District Rules that
mandate municipalities that operate fleets of medium and heavy-duty trucks must purchase
vehicles that operate on alternative fuels such as Compressed Natural Gas (CNG) and
Liquified Natural Gas (LNG). Over the last three years, the City has been successful in
obtaining various grants totaling $1,125,952 to fund the design and construction of a LNG-
L1CNG Fueling Station for the City Yard.
On January 7, 2002, the Mayor and Common Council ratified a grant application for
$143,208.00 from the South Coast Air Ouality Management District as part of the
$1,125,952 in grant funds, (Attachment 1). A letter dated November 6, 2002 from AOMD
transmitted the attached contract and was received by the Public Services Department on
November 7,2002, (Attachment 2 and 3). Due to the nature of the project, it had been
determined by the previous City Engineer that this project fit the scope of a Public Works
project and this contract was forwarded to the Development Services Department for
processing and preparation of an agenda item. The contract was inadvertently filed and
was just recently discovered on July 29, 2003.
Staff contacted the AOMD Contract Administrator on August 6, 2003 and was advised that
the contract was still valid. Due to delays in the project relating to environmental issues and
concerns, the Contract Administrator advised staff to make pen and ink changes to two
pages of Attachment 1 of the contract as it relates to the Statement of Work, specifically the
dates that various actions and items would be completed. Staff made these changes to the
attached contract and is now asking for authorization to execute this contract in order to
receive this funding.
Financial Impact:
The following table summarizes the funding sources for construction of the LNG-L1CNG
Fueling Station at the City Corporate Yard:
Funding Source Funding Amount Percent of Project Cost
I SAN BAG CMAO $ 911,859 73%
MSRC Match $ 70,885 '6%
Refuse Funds to be allocated $ 124,100 10%
SCAOMD RFP - P2202-19 $ 143,208 11%
TOTAL $ 1,250,052 100%
Recommendation:
Adopt resolution.
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Attachment 1
RESOLUTION NO. 2002-12
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO FOR RATIFICATION OF A GRANT APPLICATION TO HELP
FUND A PUBLIC-ACCESS LNG/LCNG FUELING FACILITY
WHEREAS, The South Coast Air Quality Management Distric;:t (SCAQMD) has
extended a Request for Proposal for the Development of LNG Refueling Stations in
the South Coast Air Basin. This grant will provide cost-share funds to assist public
and private fleets to establish LNG-UCNG fuel dispensing facility projects for public
access in the four county areas.
NOW, THEREFORE BE IT RESOLVED that the Mayor and Common Council
of the City of San Bernardino ratify the submission of an application for a grant in the
amount of $143,208 from the South Coast Air Quality Management District to help
e 14 fund a public-access LNG/LCNG Fueling Facility.
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II
2002-12
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO FOR RATIFICATION OF A GRANT APPLICATION TO HELP FUND A
PUBLIC-ACCESS LNGfLCNG FUELING FACILITY
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
5 ~ day of January ,2002, by the following vote, to wit:
6 Council Members: AYES NAYS
7 ESTRADA X
8 LIEN X
9 MCGINNIS X
10 SCHNETZ X
II SUAREZ X
12 ANDERSON ---
I3 MCCMMACK --
.:
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ABSTAIN
ABSENT
X
X
~~rk~i~
The foregoing resolution is hereby approved this ,_ 'I, dayof January ,2002,
17
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19
20 Approved as to
Form and legal content:
21
JAMES F, PENMAN,
22 City Attorney
23
24 By: ~
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Attachment 2
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t!~~ Air Quality Management District
;'.~'~ 21865 E. Copley Drive, Diamond Bar, CA 91765-4182
~~i:~i:::f'~ (909) 396-2000 . www.aqmd.gov
November 6, 2002
Ms. Lynn Merrill
City of San Bernardino
Public Services Department
300 North D Street
San Bernardino, CA 924 18
RE: CONTRACT NO. 03100
Dear Ms. Merrill:
Enclosed herewith are two originals of the above-mentioned contract in the amount of
$143,208 as cost-share for the purchase and installation of a LNG-L1CNG fueling station
at your San Bernardino facility. Please have both originals signed and returned to my
attention at your earliest convenience. Once the contract is fully executed by both parties,
one original will be sent to you for your records.
If you have any questions regarding the contract, please contact me by telephone at 909
396-3237 or bye-mail at dramirez@aqmd.gov.
Respectfull y,
q;j}clC 0 P{thUI[~-:
Drue A. Ramirez
Contracts
Science & Technology Advancement
Idar
OVERNIGHT
Enclosures
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21865 E. Copley Drive, Diamond Bar, CA 91765-4182
(909) 396-2000 . www.aqmd.gov
~"t"-l:'iIIl
August 21. 2003
Mr. Lynn Merrill
City of San Bernardino
Public Services Department
300 North 0 Street
San Bernardino, CA 92418
RE: REVISED CONTRACT NO. 03100
Dear Mr. Merrill:
Enclosed herewith are two new originals of the above-mentioned contract in the amount
of $143,208 as cost-share for the purchase and installation of a LNG-L1CNG fueling
station at your San Bernardino facility. These revised originals incorporate the self-
insurance clause in Article 7 and update the milestones and deliverable dates. Please have
both originals signed and returned to my attention at your earliest convenience. Once the
contract is fully executed by both parties, one original will be sent to you for your
records.
If you have any questions regarding the contract, please contact me by telephone at 909
396-3237 or bye-mail at dramirez@aqmd.gov.
Respectfully,
",
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(1,,~)I)H~{Y~("II\t~( _
'--J ) v,
Drue A. Ramirez j
Contracts
Science & Technology Advancement
/dar
OVERNIGHT
Enclosures
E:\tech_adv\Contracts Folder\lnfrastructure Contracts\City of San Bernardino 03100 leiter, doc
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Contract No. 03100
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 California Franchise Tax Board.
C. All parties to this Contract have had the opportunity to have this Contract 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 card stock 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.
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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
nonbreaching 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 nonbreaching 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.
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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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 and/or
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%
Between 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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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
agrees 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 informed 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.
I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of
Government Code Section 6250 et.seq. (Public Records Act).
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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 periormance 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, employees, 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 periormance of
this Contract of the restrictions contained herein and require compliance with the above.
16. NON-DISCRIMINATION - In the periormance 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 periormance 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 periormance 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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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 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.
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.
e 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 (PL 99-603). CONTRACTOR shall obtain from all
covered employees performing 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 sanctions 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.
e 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) thaI 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.
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 rale 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 10 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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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
By
Norma J. Glover, Chairman of the Board
By:
Date:
Date:
ATTEST:
Jackie Dix, Clerk of the Board
By
APPROVED AS TO FORM:
Barbara Baird, District Counsel
BY~ &. ~~ k., ~~ ~
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A TT ACHMENT 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-L/CNG) 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-
L/CNG fueling station to meet CONTRACTOR's long-term needs as well as its other
public/private partners. The new station will be designed to accommodate residential and
commercial refuse collection vehicles.
CONTRACTOR agrees that the LNG-L/CNG station shall be publicly accessible to all refuse
fleets within the basin for the entire term of the contract. CONTRACTOR agrees that the LNG-
L/CNG station equipment shall remain within the geographical boundaries of the AQMD for the
term of this Contract.
The CONTRACTOR's proposal dated December 4, 200 I, in response to RFP No. P2002-19 is
hereby incorporated by reference as part of this 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-
L/CNG fueling station. CONTRACTOR shall provide AQMD a copy of its subcontractor
agreement for AQMD review prior to proceeding with fuel site installation.
The LNG-L/CNG station will consist of the 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
pump/dispenser
. 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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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 of this Contract, the CONTRACTOR shall reimburse the AQMD a prorated share of funds
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 Deliverables.
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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 Final Report...............................................................December 2004
Two-Page Project Summary ....................................................................December 2004
Quarterly Progress Reports .. ........... ........................................................ December 2003
. (Due the loth of the following month) .....................................................November 2004
Annual Project Progress Reports. ...........................................................December 2005-09
(Due the 15th of the month)
.
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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.
b.
Reference to AQMD contract number and title of project.
Reporting time period (months, year).
Description of work completed during the reporting period, including a
discussion of problems encountered and how those problems were
resolved; and other relevant activities.
Color photographs in a digital format, such as .ppt. .tif, .jpg on a CD or
sent electronically, of fueling infrastructure during the reporting period.
Discussion of work planned for the next reporting period.
Discussion of project status with respect to time schedule and steps being
taken to resolve any delays.
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.
c.
d.
e.
f.
g.
2. Three stapled copies of a final report for review, comment, and approval shall be
submitted no later than the date specified in the project 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 of the final report
within four weeks of its receipt from CONTRACTOR. The final report shall
include, but not be limited to, the following:
a.
b.
Reference to AQMD contract number and title of project.
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 changes/optimization, other applications of the technology, and
commercialization paths); and acknowledgment of all project sponsors.
A detailed description ofthe,scope of work.
Annual fuel throughput
Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or
sent electronically, of fully operational fueling infrastructure.
Results - a discussion of the expected project results versus what was
actually achieved.
Costs - a comparison and discussion of expected versus actual AQMD
contract costs.
Problems - a discussion of significant problems encountered during the
contract and how they were resolved.
Recommendations
d.
e.
f.
g.
h.
1.
J.
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-L/CNG
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.
Milestone
Payment
Fully Operational Station & Final Report
$143,208
Not-to-exceed amount
$143,208
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Attachment 3
AQMD Col/tract #
Dllte oj PubliCi/tioll (us Illollth year)
Project Title
Contractor
Prime confractor and slgl7~,tiC[/n{ subcontractors
Cosponsors
List cosponsors/rom highest
conrnbwor 10 lowesl
.;~
Project Officer
AQ,'HD project manoger name
Background
This section is a brief introduction describing the
need for the technology and/or clean fuel, as
defined by rules and regulations / mandates of
AQMD. ARB. EPA. DOE. elc. If applicable.
describe other relevant factors, such as economic
issues. energy S;l','mgs, etc,
Project Objective
This section should briefly describe the project
objectives as originally stated in the BOJrd (or
EO) Jettel', It"the objective evolved significantly
during the contractll1g procedure, it should be
noted ho\v and \\/hy
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 Ihe principle of
operatlOn 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. If the project was completed, provide the
date of completion Zlnd note that the final report is
on file Wilh complete Iechnical delails of tee
project. Describe major project events, such as
the development i testing,l delivery of hardware (if
applicable). If the project was terminated or
ended prematurely you still need to file this report,
Regardless of how iI ended. per 5B 199 you must
describe any unanticipated problems that \-vere
encountered during the project. and how they were
(or were not) resolvctJ, If''fawl'' problems were
encountered, this section will be the heart of the
report, since it would be unlikely thal major
benefits or emissions reductions were realized in a
terminated project.
Picture of technology thot has been supported
with A Q!vfD:Technology A dvancemefll
cosponsorship, if applicable The picture,
preferahly a photograph, should clearly illustrate
the tee/molo,e)", The Sf:::.e of the Image should be
about 3x3 to fit this two column format The
picture o/the technologJ' shuuld be pOSitIOned on
[he front page
Res u Its
This section summarizes all 3vailable emissions
results and key' performance characteristics.
Performance is meant in the brolJ.dest terms,
including (as applicable) emissions, energy
efficiency, operation and maintenance
requirements, overall environmental impacts, and
performance tradeoffs. The primary emphasis or
this section is the presentation of project data.
Performance results should be summarized using
clear, graphical depictions whenever possible:
Graph or table swnmari::ing ke,v pelfor/nance
characreristics. Graphs are preferred over tables
\1ihen possible Graph/en! data presented should
show !hl.! most repre<;enwtlve dafa oj the
prOject 's/technolos,"T)!'s performance One graph
would he preferred. but no more {hCln (1.1'0 data
presentations In this document
Measured performance is to be compared with the
objectives/goals set for the project. Comparisons
should foclls on targeted emissions reductions
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and/or other key performance goals (e.g range for
electric \:ehicks)
There should also be a brief discussion of
performance tradeoffs. lhat is. did achieving one
performance characteristic goaL such as
emissions, compromise another performance
characteristic. such as efficienc:J.
Benefits
Th]s section crystallizes the above-noted
performance characteristics into proJect benefits,
e.g., reduced emissions, increased efficiency,
reduced global wanning gases. or other
environmental ~nefits. The potential emissions
inventory impactofthis technology applied in the
South Coast Air Basin must be estImated based on
performclnce results of this project and some
estimate of market penetration (concisely state
assumptions).
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It clearly describes how those actual benefits
compare with the benefits that were anticipated at
the projecr"s stal1. Be as detailed as possible,
including dlsclIssion of overall environmental
impacts <J.nd benefits. Address the question of
whethet. the technology lTlay reduce an ail"
pollutant while improving (or \....orsening)
problems \\itn water pollution, solid ViJste. global
\\-arming. toxic emissions. etc
Project Costs
This brief section describes the actual costs of the
program (AQMD's funding contribution as well as
the overall cost sharing) and how they' compare
\vith the anginally' 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
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Commercialization and Applications
ThIS section describes the ant:cipated or potential
applications of the demonstrated technology
andi'or clean fuel. If applicable. discLlss follow on
projects to further improve the technology- If
available or applicable. discuss expected costs of
cOrlITol and cost-effective:1ess in the comext of
currently available technologies. Cost data should
be noted as estimates or pro.iections, especially
since T A projects are often "first of a kind."
Prospects for commercialization should include J
discussion of the potential size of the target or
prtmary' market, and If ther'e is another market
segment or application that could use the
techno log)'. Discussion of the commercial status
of the tec~nology should address questions such
as: (1) how close to a commercial product is it;
(2) v,"hat 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 :"jonnatlOlI Technology Advance!Jlent Office. South CO(1st A I" Qualltv /'vlanagemenl District
~ 1865 Copiey Drive DlamQl1d Bar CA 9176j 9093963300 Fax 909396 3:52
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Contract No. 03100
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 California Franchise Tax Board.
C. All parties to this Contract have had the opportunity to have this Contract 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.
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.
.
.9.
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
nonbreaching 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.
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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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 and/or
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%
Between Years 3-4 40%
Between Years 4-5 20%
After Year 5 0%
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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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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 informed 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.
I. Notwithstanding the above, nothing herein is intended to abrogate or modify the provisions of
Government Code Section 6250 et.seq. (Public Records Act).
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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, employees, 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 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.
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Contract No. 03100
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 AOMD 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 indirecUy,
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
AOMD or CONTRACTOR.
23. 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
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 Slate of California Venue for resolution of
any disputes under this Contract shall be Los Angeles County, California
28. APPROVAL OF SUBCONTRACT
A. It CONTRACTOR intends to subcontract a portion of the work under this Contract, written approval of
the Iemns of the proposed subcontract{s) shall be obtained from AQMD's ExecuUve 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
h as 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
safely precautions and programs incident thereto, or for any failure of subcontractor to comply with any
local, state. or federal laws, or rules or regulations.
29. PREVAILING WAGES - CONTRACTOR is alerted to the prevailing wage requirements of Califomia Labor
Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMO'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 interesled party .
upon request, paying any applicable prevailing rates, posting copies thereof al the job site and flowing all
applicabie 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.
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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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
By:
Norma J. Glover, Chairman of the Board
By:
Date:
Date:
ATTEST:
Jackie Dix, Clerk of the Board
By
APPROVED AS TO FORM:
Barbara Baird, District Counsel
By(;~e~~ ~~v~JS~
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ATTACHMENT I
ST ATEMENT OF WORK FOR
CITY OF SAN BERNARDINO
CONTRACTOR shall construct and operate a public access, liquefied natural gas and
liquefied/compress natural gas (LNG-L/CNG) 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-
L/CNG fueling station to meet CONTRACTOR's long-term needs as well as its other
public/private partners. The new station will be designed to accommodate residential and
commercial refuse collection vehicles.
CONTRACTOR agrees that the LNG-L/CNG station shall be publicly accessible to all refuse
fleets within the basin for the entire term of the contract. CONTRACTOR agrees that the LNG-
L/CNG station equipment shall remain within the geographical boundaries of the AQMD for the
term of this Contract.
The CONTRACTOR's proposal dated December 4, 200 I, in response to RFP No. P2002-19 is
hereby incorporated by reference as part of this 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 I
Construction and Installation of Fueling Station
CONTRACTOR shall provide AQMD a copy of its solicitation for the construction of the LNG-
L/CNG fueling station. CONTRACTOR shall provide AQMD a copy of its subcontractor
agreement for AQMD review prior to proceeding with fuel site installation.
The LNG-L/CNG station will consist of the 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
pump/dispenser
. 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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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 of this Contract, the CONTRACTOR shall reimburse the AQMD a prorated share of funds
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 Deliverables.
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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 Final Report ...............................................................December 2004
Two-Page Project Summary ....................................................................December 2004
Quarterly Progress Reports..................................................................... .December 2003
(Due the 10th of the following month) .....................................................November 2004
Annual Project Progress Reports. ............................................................December 2005-09
(Due the 15th of the month)
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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- 1/2
by I I inch page, and shall include camera-ready originals.
I. 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.
b.
c.
Reference to AQMD contract number and title of project.
Reporting time period (months, year).
Description of work completed during the reporting period, including a
discussion of problems encountered and how those problems were
resolved; and other relevant activities.
Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or
sent electronically, of fueling infrastructure during the reporting period.
Discussion of work planned for the next reporting period.
Discussion of project status with respect to time schedule and steps being
taken to resolve any delays.
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.
d.
e.
f.
g.
2. Three stapled copies of a final report for review, comment, and approval shall be
submitted no later than the date specified in the project milestones.
CONTRACTOR shall submit two written copies and one electronic version of the
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 of the final report
within four weeks of its receipt from CONTRACTOR. The final report shall
include, but not be limited to, the following:
a.
b.
Reference to AQMD contract number and title ofproject.
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 changes/optimization, other applications of the technology, and
commercialization paths); and acknowledgment of all project sponsors.
A detailed description of the scope of work.
Annual fuel throughput
Color photographs in a digital format, such as .ppt. .tif, jpg on a CD or
sent electronically, of fully operational fueling infrastructure.
Results - a discussion of the expected project results versus what was
actually achieved.
Costs - a comparison and discussion of expected versus actual AQMD
contract costs.
Problems - a discussion of significant problems encountered during the
contract and how they were resolved.
Recommendations
d.
e.
f.
g.
h.
I.
J.
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 ofproject.
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-L1CNG
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.
Milestone
Payment
Fully Operational Station & Final Report
$143,208
Not-to-exceed amount
$143,208
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Attachment 3
AQ.l1D COlltract #
Date (~r Publication (as month ,rear)
Project Title
Contractor
Pr.-mt! contrac{()r uno' .\Ign~licunf subcontractors
Cosponsors
Lisl cosponsors ji-om highest
comributor fo lon-est
"
..-u.,:
Project Officer
.'I()JfO pf'o)\!cr mOI1C1-,?er name
Background
This section is a brief introduction describing the
need for the technology and,/or cJean fuel, as
de(l11ed by rules and regulations mand::lles of
AQMD, ARB. EPA, DOE, ete. II' applicable,
descr:be other relevant factors. such as economic
issul:s, energy SJVll1gs, ete
Project Objective
This section should briefly describe the project
ob,lectives as onginally stated in the Board (or
EO) lener If the objective evolved significc\J1tl)
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" ac:ually is over currently available
technologies.
Status
This sectIon describes the status or progress of the
project. If the project was compieted. provide the
d~te of compietion and note that the final report IS
on file \.vith complete technical details of the
project. Describe major project events, sllch as
the development'/ testing! delivery of hardware (if
applicable). If the project was terminated or
ended prematurely you still need to fije this report.
Regardless or how it ended. per 58 199 VOll must
describe any' unanticipated problems that v..'ere
encountered during the project. and how they' were
(or were not) resolved.. If''fatal'' problems were
encoLllltered, thIS section will be the heart of the
repon. Slllce it would be unlikely that major
benefits or emissions reductions VI'ere realized in a
terminated project.
Picture aftechnology thczt has been supported
with AQAID/Technolog} Advancemem
cosponsorship, Ijapplicahle, The picture,
preferahly a photograph. should clear!). illustrute
the tcchnolos...r'v. The see a/the Image should Oil
aboUl 3x3 lrJ fitthls two column format. The
pIcture of the technolog) should he posltlOned on
the Font page
Results
This section sUlTlmarizes all Zlvailable emissions
results nnd key' performance characteristics.
Performance is meant in the broJdest terms,
including (as applicable) emissions. energy
efficiency, operation and maintenance
requirements, overall environme:1tal impacts. and
performance tradeoffs. The primary emphasls of
this section is the presentation of project data.
Performance results should be summarized using
clear, graphical depictions \\'henever possible:
Graph ar table swnmari=tng key peljonnance
characteristics, Graphs are preferred over wbles
when possible Graphicul data presented should
shmv the most represemativ(! dUlLl of {he
pruject 's/technology '.1 performance, Glle graph
\-vauld he preferred but no more than flvO data
presentations In this document
Measured performance is to be compared with the
objectives/goals set for the project. Comparisons
should foclls on targeted emissions reductions
.
and or other key performance goals (e.g range for
elec~ric 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 efficiencJ',
Benefits
This section crY5talJizes the above-noted
performance charactenstics Into project benefits,
e.g., reduced emissions, increased efficiency.
reduced global wanning gases. or other
environmental ~nefi[s. 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 penetratlon (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 <J.S possible,
including discussion of overall environmental
Impacts and benefits. Address the question of
whether the technology may reduce an ail"
pollutant whlie improving (or wOI'sening)
problems with water pollution. solid waste. global
\.varming, toXIC emissions, etc
Project Costs
This brief section describes the actual costs of the
program (.A.QMD's funding contribution as \-vell as
the overall cost sharing) and ho\\/ they compare
vv'ith the originally projected costs of the projec: as
sta.ted 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 01' cost of
commercialization
.
Commercialization and Applications
This section describes the anticipated or potential
applicatIons of the demonstrated technology
and/or clean fuel. If applicable. discllss follow on
projects to further lJT1prove the technology If
available or applicable. discuss eX;Jected costs of
control and cost-effectiveness in the context of
currentiy aVcilable technologies. Cost data should
be noted as estimates or projections, especially
Slllce T A projects are often .'first of a kind,"
Prospects for commercialization should include a
discussion of the potential size of the target or
primary ~narket, and if there is another marker
segment or application that could use the
technolog). Discussion of the commercial status
of the technology should address questions such
as: (1) ho\.\' 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
competitjve~ and (4) what barriers remain before
the technology can be commercialized.
For 1/I0r2 mformallO/7 Technology Advancemel1l Office. South CUllS! Air Qua/lty lv!anagement District
]iS65CopfeyDnve DlamondBJr CA 91:65.909.3963300 FCLY:9093963-:52
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. . CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
~",'
September 18, 2003
Mr. Larry Watkins, Technology Advancement
South Coast Air Quality Management District
21865 E. Copley Drive
Diamond Bar, CA 91765
Dear Mr. Watkins,
At the Mayor and Common Council meeting of September 15, 2003, the City of San Bernardino
adopted Resolution 2003-261 - Resolution 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 the construction of the LNG-L/CNG Fueling Station
at the City Corporate Yard.
Enclosed are two (2) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box
1318, San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by November 14, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Si~cerel~, _. /' .-1.,
,..1)( (~/4 ({ lc .)4.:1
Michelle Taylor (/
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
South Coast
Air Quality Management District
21865 E. Copley Drive. Diamond Bar. CA 91765-4182
(909) 396-2000 . www.aqmd.gov
I!Z1.:~
October 2, 2003
Mr. Lynn Merrill
City of San Bernardino
Public Services Department
300 North D Street
San Bernardino, CA 92418
RE: REVISED CONTRACT NO. 03100
De~:
Enclosed herewith are two originals of the above-mentioned contract in the amount of
$143,208 as cost-share for the purchase and installation ofa LNG-L/CNG fueling station
at your San Bernardino facility. These originals simply replaced the signature page to
update the names of our Chairman and Clerk of the Board. Please have the new signature
pages where tagged signed and both complete originals returned to me at your earliest
opportunity. Note I also replaced the fax pages with the original pages. Once the contract
is fully executed by both parties, which should take one week upon receipt from the City,
an original will be sent to Michelle Taylor for the City's records. I apologize that
execution of this contract has been so convoluted and drawn out.
If you have any questions regarding the contract, please contact me by telephone at 909
396-3237 or bye-mail at dramirez@aqmd.gov.
R.~e/S ctfully,
C 1\ ",~
", J
Drue . Ramirez
Contracts
Science & Technology Advancement
Idar
Fed Ex
Enclosures
E:\tech _adv\Contracts Folder\Infrastructure Contracts\City of San Bernardino 03100 letter.doc
~:
:~~ South Coast
1I~< Air Quality Management District
).xc,; , 21865 E. Copley Drive, Diamond Bar, CA 91765-4182
i, ......,-_ (909) 396-2000 . www.aqmd.gov
November 6, 2003
Ms. Lynn Merrill
City of San Bernardino
Public Services Department
300 N. D Street
San Bernardino, CA 92418
RE: AQMD Contract #03100
Dear Ms. Lynn Merrill:
Enclosed please find one fully executed original of the above-mentioned contract
for the project, Purchase/Install LNG-UCNG Fueling System at San Bernardino.
Facility. Please retain this copy for your records.
Future correspondence for this contract, including invoices and progress reports,
should be sent to the attention of Contract Administrator-Technology
Advancement. If you have any questions, please feel free to contact Drue
Ramirez at (909) 396-3237 or Larry Watkins at (909) 396-3246.
:fdt
First Class
Enclosures
oo~@rnDwrn@
NOV 1 0 2003
DIRECTOR
PUBUC SERVICES
. ,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes 1- "
q-IS-O:S Item #
Nays _10
'ZUS-3 - Lfo I
\~
Resolution #
Abstain
-0
Absent G
Change to motion to amend original documents:
Rcso. # On Attachments: ~ Contract term:
-
Null/VoidAfter:ioG D"'l"' ( \1-1'-I-C3
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
0,-\,-0:'
q-II-'Y3
Date ofClerk/CDC Signature: <1- \ i:<'C'~
./
...........
Date Sent to Mayor:
Date of Mayor's Signature:
Reso, Log Updated:
Seal Impressed:
Date Memo/Letter Sent for Signature:
q-\ "';-C'~
See Attached: ../ Date Returned:
See Attached:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL No By
Ye3 No-L.. By
Yes No.-L By
Yes No ,/ By
Yes No 7 By
Copies Distributed to:
City Attorney /'
Parks & Rec.
Code Compliance Dev. Services
Police Public Services ,,/' Water
EDA
Finance
Others:
Notes:
MIS
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.l
Ready to File: _
Date:
Revised 01/12/01