HomeMy WebLinkAbout20-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL AG& IW I # V A L
From: James Sharer, Director Subject:
Resolution of the Mayor and Common Council of
Dept: Facilities Management the City of San Bernardino authorizing the City
Manager to execute a Contract between the South
Date: May 24, 2007 Coast Air Quality Management District and the City
of San Bernardino for the receipt of grant funds in
the amount of $164,481 for the construction of the
LNG/LCNG Fueling station at the City Corporate
Yard.
M/CC Meeting Date: June 4, 2007
Synopsis of Previous Council Action:
June 4, 2001 Approval of Grant applications and commitment to implementation
schedule.
January 7, 2002 Ratification for submittal of application for funds from SCAQMD $143,208
September 15, 2003 Resolution authorizing a contract between the City and the SCAQMD for
the receipt of grant funds in the amount of$143,208 for construction of the
LNG/LCNG Fueling Station at the Corporate Yard.
December 6, 2004 Resolution authorizing a contract between the City and Gladstein,Neandross
&Associates for preliminary engineering of the LNG/LCNG Fueling
Station at the Corporate Yard.
October 2, 2006 Resolution authorizing execution of a contract and issuance of a Purchase
Order to Golden Acquisition Corp. d.b.a. EFS West for the Construction,
Start-up and Commissioning of Liquefied Natural Gas/Liquefied to
Compressed Natural Gas (LNG/LCNG) Fueling Station at the City Yard in
the City of San Bernardino per Plans and Special Provisions No.11842.
Recommended Motion:
Adopt Resolution.
tgv James . Sharer
Director of Facilities Management
Contact person: James Sharer Phone: 384-5244
Supporting data attached: Staff Report, Resolution Ward(s): 3
FUNDING REQUIREMENTS: Amount: 0
Barbara Pachon
Director of Finance
Council Notes: C�
/P�so ZOO-7- / 7,? 7 l
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
City Manager to execute 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$164,481 for the
construction of the LNG/LCNG 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 Liquefied
Natural Gas (LNG). The City has been successful in obtaining various grants totaling
$1,125,900. Added to the grant funding was $124,100 from the Refuse Fund making the total
budget $1,250,000 for the design and construction of a LNG/LCNG Fueling Station at the City
Yard. The facility to store and dispense these fuels will be located at the City Yard's existing
fleet fueling station on Pershing Street.
Due to the complexity of constructing an LNG/LCNG facility the Council on December 6, 2004
approved the hiring of Gladstein, Neandross & Associates to perform the environmental and
design work for the above project over the last 18 months. On July 5, 2006, the City received
Authorization to Proceed with Construction from Caltrans and the project was advertised for bid.
The Council awarded the base bid and alternative additional scope of work to Golden Acquisition
Corp. d.b.a. EFS West for the amount of$1,728,657.00, and authorizing a 15% contingency of
$259,243.00 to cover unforeseen conditions, making the total construction costs $1,987,900.00.
Design costs (previously approved) are $153,600, making the total project budget $2,141,500.00.
Currently the total project costs are estimated at $2,141,500 ($153,600 for design and $1,987,900
for construction.) Through various funding sources, the City currently has $1,250,000 budgeted
for this project. SANBAG has granted an administrative increase of 10% in the CMAQ funds,
which will add $91,200.00 to our available funds. The remaining amount of$800,300 is funded
by the Sewer and Refuse funds in the amount of$400,150 each.
FINANCIAL IMPACT
Execution of the Contract between the South Coast Air Quality Management District and the
City of San Bernardino will reduce the burden on the Sewer and Refuse funds by $164,861.00.
RECOMMENDATION
Adopt Resolution.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE SOUTH COAST AIR QUALITY
4 MANAGEMENT DISTRICT AND THE CITY OF SAN BERNARDINO FOR
5 THE RECEIPT OF GRANT FUNDS IN THE AMOUNT OF $1641481 FOR THE
CONSTRUCTION OF THE LNG/LONG FUELING STATION AT THE CITY
6 CORPORATE YARD.
7
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
9 THE CITY OF SAN BERNARDINO AS FOLLOWS:
10
11 SECTION 1. The Mayor and Common Council hereby authorize the City Manager to
12 execute on behalf of the City a Contract between the South Coast Air Quality
13 Management District and the City of San Bernardino for the receipt of grant funds in
14 the amount of$164,481 for the construction of the LNG/LCNG Fueling station at the
15 City Corporate orate Yard. A co of the contract is attached and incorporated herein as
copy 1P
16
Exhibit A. Such Contract shall be effective only upon said Contract being fully
17
18 executed by both parties.
19 SECTION 2. Any amendment or modification thereto shall not take effect or become
20 operative until fully signed and executed by the parties and no party shall be obligated
21 hereunder until the time of such full execution. No oral agreements, amendments,
22
modifications or waivers are intended or authorized and shall not be implied from any
23
24 act or course of conduct of any party. This resolution is rescinded if the parties to the
25 contract fail to execute it within ninety (90) days of the passage of this resolution.
26
27
iu
28
D. �d
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE SOUTH COAST AIR QUALITY
3 MANAGEMENT DISTRICT AND THE CITY OF SAN BERNARDINO FOR
THE RECEIPT OF GRANT FUNDS IN THE AMOUNT OF $164,481 FOR THE
4 CONSTRUCTION OF THE LNG/LCNG FUELING STATION AT THE CITY
CORPORATE YARD.
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a
meeting thereof, held on the day of , 2007, by the
7 following vote, to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY _
14
KELLEY
15
JOHi�1SON
16
McCAMMACK
17
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of 2007.
21
22 Patrick J. Morris, Mayor
23 City of San Bernardino
24
25 Approved as to form:
26
27 )--
es F. Penman, City Attorney
28
EXHIBIT "A"
South Coast Contract No. 07149
Clean Fuels Infrastructure
Air Quality Management District
This Contract consists of 18 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 Copley Drive, Diamond Bar, California 91765-4178, and the City of San
Bernardino (referred to here as "CONTRACTOR") whose address is 300 North "D" Street, San Bernardino,
California 92148.
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.
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 Clause.
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Clean Fuels Infrastructure
4. TERM -The term of this Contract is from the date of execution by both parties to December 31, L,12, unless
further extended by amendment of this Contract in writing. No work shall commence until this Contract is
fully executed by all parties.
5. TERMINATION
A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide
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 this Contract. The non-
breaching party shall notify the breaching party that it must cure this breach or provide writter,
notification of its intention to terminate this contract and seek reimbursement under Clause 5, if
applicable. Notification shall be provided in the manner set forth in Clause 15. The non-breaching
party reserves all rights under law and equity to enforce this contract and recover damages.
B. Notwithstanding Clause 5.A., this contract may be terminated prior to completion of the term period
where the fueling station becomes inoperable, and is either not technically able to be repaired, or is
too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse or
malfeasance. CONTRACTOR shall submit written documentation supporting any basis for early
termination under this sub-Clause for the approval of the AQMD.
C. AQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty
(30) days'written notice. Once such notice has been given, CONTRACTOR shall, except as and to
the extent or directed otherwise by AQMD, discontinue any Work being performed under this Contract
and cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with
such Work, and shall use its best efforts to procure termination of existing subcontracts upon terms
satisfactory to AQMD. Thereafter, CONTRACTOR shall perform only such services as may be
necessary to preserve and protect any Work already in progress and to dispose of any property as
requested by AQMD.
D. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under Clause 5.C. Before expiration of the thirty(30)days' written notice,
CONTRACTOR shall promptly deliver to AQMD all copies of documents and other information and data
prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of
such materials, which may be retained by CONTRACTOR.
6. REFUELING STATION LOCATION OPERATIONAL AVAILABILITY & ACCESSIBILITY, AND
THROUGHPUT — CONTRACTOR is obligated to comply with the alternative-fuel refueling infrastructure
requirements set forth as follows:
A. Refueling station shall remain in the original location, operational and accessible to public and/or fleets,
for a period of not less than five (5) years from the date the station begins dispensing fuel in its
upgraded or expanded capacity.
B. In the third, fourth, and fifth years of station operation, CONTRACTOR shall meet the annual fuel
throughput requirements as set forth in Attachment 1, Statement of Work.
C. Should CONTRACTOR deviate from either of these obligations, for reasons other than those stated in
Clause 7.A, below, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided.
The prorated share for which CONTRACTOR shall be liable shall be 100% if the deviation occurs within
one (1) year of initial station operation; 80% if the deviation occurs between years one (1) and two (2);
60% between years two (2) and three (3); 40% between years three (3) and four (4); 20% between
years four (4) and five (5); and 0% after year five (5). The appropriate reimbursable amount shall be
paid to AQMD within sixty (60) days from the date of the deviation.
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Clean Fuels Infrastructure
D. The obligations of this section shall survive the expiration of the Contract and continue in full force and
effect until the applicable operational availability period set forth above has been satisfied.
7. EARLY TERMINATION—This Contract may be terminated prior to completion of the term period upon any of
the following circumstances:
A. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly
to repair, and such failure is not caused by CONTRACTOR's negligence, misuse or malfeasance.
B. CONTRACTOR shall submit written documentation supporting any basis for early termination for the
approval of AQMD.
8, REIMBURSEMENT FOR TERMINATION
A. CONTRACTOR is obligated through this Contract to construct and operate a liquefied natural gas and
liquefied/compressed natural gas fueling station as well as provide reports to AQMD for a period of five
years. Should CONTRACTOR desire to terminate this Contract prior to the end date for reasons other
than those stated in Clause 7.A, CONTRACTOR shall reimburse AQMD for a prorated share of the funds
provided under this Contract.
B. The prorated share for which CONTRACTOR shall be liable shall be 100% if the termination occurs within
one (1) year of contract execution; 80% if termination occurs between years one (1) and two (2); 60%
between years two (2) and three (3); 40% between years three (3) and four(4); 20% between years four
(4) and five (5); and 0% after year five (5). The reimbursable amount shall be paid to AQMD within sixty
(60) days of termination date. CONTRACTOR shall not be responsible for any reimbursement to AQMD
if termination results from one or more of the reasons set forth in Clause 7.A. Nothing in this Clause
entitles CONTRACTOR to payment in the event of breach.
9. INSURANCE - CONTRACTOR represents that it is permissibly self-insured and will maintain such self-
insurance in accordance with applicable provisions of California law throughout the term of this Contract.
CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any
extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD
below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management
District, Attn: Risk Management Office. The AND Contract Number shall be included 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. Minimum insurance coverages are as follows:
A. Worker's compensation insurance in accordance with either California or other state's applicable
statutory requirements.
B. General Liability insurance with a limit of at least$1,000,000 per occurrence, and $2,000,000 in general
aggregate.
C. Automobile Liability insurance with limits of at least$100,000 per person and $300,000 per accident for
bodily injuries and $50,000 in property damage, or$1,000,000 combined single limit for bodily injury or
property damage.
10. INDEMNIFICATION - CONTRACTOR agrees to hold harmless and indemnify AQMD, its officers,
employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost,
lawsuits, demands, judgments, legal fees or any other expenses which AQMD, its officers, employees,
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Contract No.07149
Clean Fuels Infrastructure
agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or
property damage arising from the negligent or intentional conduct or omission of CONTRACTOR, its
employees, its subcontractors, or its agents in the performance of this Contract.
11. PROPOSAL INCORPORATION — CONTRACTOR's proposal dated March 4, 2005 submitted in response to
Request for Proposal (RFP) #P2004-09, is expressly incorporated herein by this reference and made a part
hereof of this Contract.
12. PAYMENT
A. AQMD shall reimburse CONTRACTOR in an amount not to exceed One Hundred Sixty Four Thousand
Eight Hundred Sixty One Dollars ($164,861), as provided in Attachment 2 to this Contract, upon written
proof of equipment delivery, acceptance of the equipment, and placement of the equipment into service.
Payment shall be based on invoices for the actual cost of the fueling system and installation labor.
B. The withhold amount shall be in accordance with Attachment 2—Payment Schedule.
C. Reimbursement under this Contract shall occur within thirty (30) business days upon written proof of
equipment delivery, installation of the fueling facility, and proof that the station is fully operational. Each
invoice must be prepared in duplicate, on company letterhead, and list AQMD's Contract number, period
covered by invoice, and CONTRACTOR's Employer Identification Number and submitted to: South
Coast Air Quality Management District, Attn: Larry Watkins
13. PREVAILING WAGES — CONTRACTOR is alerted to the prevailing wage requirements of California Labor
Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's
headquarters, of which shall be made available to any interested party on request. Notwithstanding the
preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of
California Labor Code and complying with the same, including, without limitation, obtaining from the Director
of the Department of Industrial Relations the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work, making the same available to any interested party upon
request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all
applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend
and hold harmless the South Coast Air Quality Management District against any and all claims, demands,
damages, defense costs or liabilities based on failure to adhere to the above referenced statutes.
14. 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.
15. 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 ^.dicated on the return receipt card.
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Contract No.07149
Clean Fuels Infrastructure
AQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Larry Watkins
CONTRACTOR: City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Attn: James Sharer, Director Facilities Management
16. 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.
17. 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 Clause.
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 Clause.
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 Clause.
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. 07149
Clean Fuels Infrastructure
18. PUBLICATION
A. AQMD shall have the right of prior written approval of any document whicr 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 AQMD (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.
19. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical 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 Clause and shall include in
each such subcontract language similar to this Clause.
20. 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.
21. 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.
22. 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.
23. 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.
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24. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any
reason be held to be unenforceable in any respect by a court of compctent 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.
25. HEADINGS - Headings on the Clauses 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.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and'effect of an original.
27. 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.
28. CITIZENSHIP AND ALIEN STATUS
A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and
others, and that its employees performing services hereunder meet the citizenship or alien status
requirements contained in federal and state statutes and regulations including, but not limited to, the
Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all covered
employees 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 Clause A above, CONTRACTOR, in the perfo mance 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.
29. APPROVAL OF SUBCONTRACTS
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 prior
to execution of the subcontract. No subcontract charges will be reimbursed unless such approval has
been obtained.
B. An material changes to the subcontracts that affect the scope of work deliverable schedule and/or
Y 9 ( ) p
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
10 for, subcontractor's means, methods, techniques, work sequences or procedures or for the safety
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precautions and programs incident thereto, or for any failure of subcontractor to comply with any local,
state, or federal laws, or rules or regulations.
3 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 HAS BEEN INTENTIONALLY LEFT BLANK]
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Contract No.07149
Clean Fuels Infrastructure
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: By:
Dr.William A. Burke,Chairman,Governing Board Name:
Title:
Date: Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
By: APPROVED AS TO FORM:
James F. Pegman,
City Attorney
APPROVED AS TO FORM:
Kurt R.Wiese,District Counsel
By:
IlClean Fuels Infrastructure
13 October2005:Updated 6 December2005
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ATTACHMENT 1
STATEMENT OF WORK FOR
CITY OF SAN BERNARDINO
CONTRACTOR shall construct and operate a publicly accessible liquefied nat-.iral gas and
liquefied/compressed natural gas (LNG-L/CNG) fueling station. The fueling facility is at the
City of San Bernardino Municipal Service Yard, located at 182 South Sierra Way, San
Bernardino, California 92418 . 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 as well as City and County vehicles.
CONTRACTOR agrees that the LNG-L/CNG station shall be publicly accessible to all
refuse fleets within the basin on a 24-hour per day, 7-day a week basis for the entire
term of 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 annual usage for the fleets that are committed to using this station is 285,000 diesel
gallon-equivalents (DGE) of natural gas by the end of the third full year of operation.
Installation of this site will encourage the use of CNG by providing critical fueling to
CNG fleets that establish arrangements for billing and proper training for individuals
refueling natural gas vehicles.
CONTRACTOR shall perform the following tasks:
Task 1 - Construction and Installation of Fueling Station
CONTRACTOR shall construct the LNG-L/CNG fueling station per the specifications in their
proposal dated March 4, 2005, in response to RFP #P2004-09, released January 7, 2005, and
is hereby incorporated by reference as part of 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.
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 one additional dispenser 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
• One CNG dual-hose dispenser(s) capable of dispensing CNG at both 3,000 and 3,600
psi
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• LCNG storage of 30,000 standard cubic feet (SCF) combined storage with priority
sequencing
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.
The CNG facility and associated equipment will be designed, constructed, and tested in
accordance with the following codes and requirements, where applicable:
• California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 1
Unfired Pressure Vessel Safety Orders (Title 08)
• NFPA 60, Standard for Compressed Natural Gas (LNG) Vehicular Fuel Systems,
1999 Edition
• NFPA 52, CNG Vehicular Fuel Systems Code 2002 Edition
• NFPA 57, LNG Vehicular Fuel Systems Code
• NFPA 59A, Standard for the Production, Storage, and Handling of LNG
• ASME Boiler and Pressure Vessel Code, 1998 Edition (ASME Code)
• ASME B31.3, Process Piping Code, 1999 Edition. California Code of
Regulations, Title 24, Part 2, Volume 2
• Uniform Building Code, Zone 4, 1994 Edition
• NFPA 70, National Electric Code, 1999 Edition
• All other codes necessary to meet local regulatory requirements including, but
not limited to American Gas Association, American National Standards Institute,
American Petroleum Institute, American Society of Testing and Materials,
American Society of Welding, U.S. Department of Transportation, U.S. National
Fire Protection Agency, Occupational Safety and Health Association,
Underwriters Laboratories and Society of Automotive Engineers J-1616.
It is CONTRACTOR's sole responsibility to meet the above-mentioned codes,
regulations, and standards, and all others laws or jurisdictions that may apply to the
CNG fueling facility equipment, site and operations. CONTRACTOR will coordinate and
facilitate the installation of new equipment with a hazardous operations (HAZOP) and
process safety analysis programs if required by local fire department or authority having
jurisdiction (AHJ). CONTRACTOR will provide an additional process safety analysis that
is compatible with the past work and will meet the criteria set forth by the Department of
Occupational Safety and Health (DOSH), if applicable. This work shall include at the
least the following: Fire protection, fire detection, methane detection and all necessary
safety elements identified within the past and present HAZOP-process safety analysis
documents.
Task 2: Operation of LNG — L/CNG Station
CONTRACTOR commits to provide natural gas to meet the annual natural gas fueling
throughput requirement of 285,000 DGE through its station as put forth in their proposal
referenced above. If the site becomes unavailable, CONTRACTOR shall secure
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substitute sites, acceptable to the AQMD's Project Officer. CONTRACTOR shall operate
the station for at least five (5) years after the station is installed and begins dispensing
fuel. Should CONTRACTOR not meet the minimum natural gas fueling throughput or
desire to remove the fueling station to another location outside the geographical
boundaries of the SCAQMD or close the site prior to the end date of this Contract,
CONTRACTOR shall reimburse AQMD a prorated share of the funds per the terms of
the Contract. CONTRACTOR is the owner/operator of the station and agrees to
assume all liabilities associated with any equipment malfunction, station removal,
closure, or clean up. CONTRACTOR's maintenance staff shall maintain and operate on
a best-efforts basis the station on a 24-hours per day, 7-days per week schedule.
Task 3: Reporting
CONTRACTOR shall provide quarterly, annual and final reports as well as a two-page
summary as described in the Deliverables section of this Contract and Attachment 3.
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PROJECT MILESTONES
CITY OF SAN BERNARDINO
Milestone Due Date
Construction and Installation of Facility 8 months after contract
execution
Fully Operational Station plus Submittal of Final Report 12 months after contract
and Two-Page Project Summary execution
Quarterly Progress Reports 1 St quarter after contract
(Due the 1 oth of the following month) execution until Fully
Operational Station
Annual Project Reports December of the year
(Due the 15th) Station is Fully Operational
and each year thereafter
for an additional 5 years
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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. Reference to AQMD contract number and title of project.
b. Reporting time period (months, year).
C. Description of work completed during the reporting period, including
a discussion of problems encountered and how those problems
were resolved; and other relevant activities.
d. Color photographs in a digital format, such as tif, Jpg on a CD or
sent electronically, of fueling infrastructure during the reporting
period.
e. Discussion of work planned for the next reporting period.
f. Discussion of project status with respect to time schedule and steps
being taken to resolve any delays.
g. Discussion of cost status with respect to budget status and work
completed to date, costs to date, explanation of any overruns, and
steps being taken to bring costs back into line.
2. Three stapled copies of a final report for review, comment, and approval
shall be submitted no later than the dates specified in the milestones section of
this Contract. CONTRACTOR shall submit two written copies and one electronic
version of the final report, preferably on CD, 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. Reference to AQMD contract number and title of project.
b. Project background and objectives.
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C. An executive summary up to three pages in length to include a
short, definitive statement of the problem/project; objective of the
project, including emission control objectives or goals and
reference to AQMD Rules if applicable; subject of the project
including the technology demonstration site, participants, dates,
etc.; conclusions (potential emissions impact, cost implications, and
other factors); recommendations (design changes/optimization,
other applications of the technology, and commercialization paths);
and acknowledgment of all project sponsors.
d. A detailed description of the scope of work.
e. Annual fuel throughput
f. Color photographs in a digital format, such as tif, jpg on a CD or
sent electronically, of fully operational fueling infrastructure.
g. Results - a discussion of the expected project results versus what
was actually achieved.
h. Costs - a comparison and discussion of expected versus actual
AQMD contract costs.
i. Problems - a discussion of significant problems encountered during
the contract and how they were resolved.
j. Recommendations
3. Two stapled copies of an annual report, plus one electronic copy, to be
submitted annually for the term of the agreement as specified in project
milestones. This document shall be considered in the public domain, in
conformance with the California Public Records Act (Government Code Section
6250 et seq.). The annual report shall include, but not be limited to, the
following:
a. Reference to AQMD contract number and title of project.
b. Slides or photos in electronic format of:
- The natural gas fueling site.
C. A description of the operation of the fueling site including:
- Annual fuel throughput.
- Amount of natural gas purchased during the reporting period.
d. Problems - a discussion of significant problems encountered during
the year and how they were resolved.
4. CONTRACTOR shall submit a two-page project synopsis. Attachment 3
to this contract provides the format and content to be used for this synopsis. In
addition to a hard copy, CONTRACTOR shall provide the synopsis in an
electronic version, using Microsoft WORD, preferably on CD. 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
CONTRACTOR shall be reimbursed up to $164,861, or 30% of the total project
costs, whichever is less, as cost-share for the installation of a new, publicly
accessible LNG/L-CNG fueling facility located at the City of San Bernardino
Municipal Service Yard 182 South Sierra Way, San Bernardino, California
92418. Project costs are estimated at $1,399,110. CONTRACTOR shall provide
documentation of costs incurred or committed to prior to receiving cost-share
payment from AQMD. To the extent that CONTRACTOR's documented costs are
less than those projected in their proposal, AQMD's cost-share will be reduced
on a pro-rata basis. An invoice must be accompanied by supporting
documentation, including equipment delivery, installation of the fueling facility,
and proof that stations are fully operational. Final invoice shall be paid upon the
receipt and acceptance of two-page summary and final report, with a one percent
(1%) retention withheld until completion of annual reporting requirements at
conclusion of Contract.
Payment Upon Operational Station and Receipt and Acceptance $163,212
Of Two-Page Summary and Final Report
Retention (1% of not to exceed amount) $1 ,649
Not-to-Exceed Amount $164,861
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Attachment 3
AQMD Contract# Date of Publication (as month year)
Project Title
the development/testing/delivery of hardware(if
Contractor applicable). If the project was terminated or
ended prematurely you still need to file this report:
Prime contractor and significant subcontractors. Regardless of how it ended,per SB 199 you must
describe any unanticipated problems that were
Cosponsors encountered during the project,and how they were
List cosponsors from highest (or were not)resolved. If"fatal"problems were
contributor to lowest. encountered,this section will be the heart of the
report,since it would be unlikely that major
Project Officer benefits or emissions reductions were realized in a
AQMD project manager name.
terminated project.
Picture of technology that has been supported
Background with AQMD/TechnologvAdvancement
This section is a brief introduction describing the cosponsorship, if applicable. The picture,
need for the technology and/or clean fuel, as preferably a photograph, should clearly illustrate
defined by rules and regulations/mandates of the technology. The size of the image should be
AQMD, ARB, EPA, DOE,etc. If applicable, about 3x3 to ft this two column format. The
describe other relevant factors, such as economic picture of the technology should be positioned on
issues, energy savings, etc. the front page
Project Objective Results
This section should briefly describe the project This section summarizes all available emissions
objectives as originally stated in the Board(or results and key performance characteristics.
EO)letter. If the objective evolved significantly Performance is meant in the broadest terms,
during the contracting procedure, it should be including(as applicable)emissions,energy
noted how and why. efficiency,operation and maintenance
requirements, overall environmental impacts, and
performance tradeoffs. The primary emphasis of
Technology Description this section is the presentation of project data.
This section describes the general principles of Performance results should be summarized using
operation and emissions control approach of the clear,graphical depictions whenever possible:
technology and/or clean fuel involved in the
project. Graph or table summarizing key,performance
If applicable, discuss how the principle of characteristics. Graphs are preferred over tables
operation differs from other, currently available when possible. Graphical data presented should show the most representative data of the
equipment. This includes describing what the project's•/technology's performance. One graph
"advancement"actually is over currently available would be preferred, but no more than two data
technologies. presentations in this document.
Status Measured performance is to be compared with the
objectives/goals set for the project. Comparisons
This section describes the status or progress of the should focus on targeted emissions reductions
project. If the project was completed,provide the and/or other key performance goals(e.g.range for
date of completion and note that the final report is electric vehicles).
on file with complete technical details of the
project. Describe major project events,such as
There should also be a brief discussion of primary market, and if there is another market
performance tradeoffs. That is, did achieving one segment or application that could use the
performance characteristic goal, such as technology. Discussion of the commercial status
emissions,compromise another performance of the technology should address questions such
characteristic, such as efficiency. as: (1)how close to a commercial product is it;
(2)what work remains to bring it to market;(3)
when could it be made commercially available ai ..
Benefits competitive;and(4)what barriers remain before
This section crystallizes the above-noted the technology can be commercialized.
performance characteristics into project benefits,
e.g.,reduced emissions,increased efficiency,
reduced global warming gases,or other
environmental benefits. The potential emissions
inventory impact of this technology applied in the
South Coast Air Basin must be estimated based on
performance results of this project and some
estimate of market penetration(concisely state
assumptions).
It clearly describes how those actual benefits
compare with the benefits that were anticipated at
the project's start. Be as detailed as possible,
including discussion of overall environmental
impacts and benefits. Address the question of
whether the technology may reduce an air
pollutant while improving(or worsening)
problems with water pollution,solid waste,global
warming,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
with the originally projected costs of the project as
stated in the Board(or EO)letter. Cost
information can be presented graphically,in a
table,or in paragraph form. This section does not
address cost effectiveness or cost of
commercialization.
Commercialization and Applications
This section describes the anticipated or potential
applications of the demonstrated technology
arid/or clean fuel. if applicable,discuss follow on
projects to further improve the technology. If
available or applicable, discuss expected costs of
control and cost-effectiveness in the context of
currently available technologies. Cost data should
be noted as estimates or projections, especially
since TA projects are often"first of a kind."
Prospects for commercialization should include a
discussion of the potential size of the target or