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HomeMy WebLinkAbout2007-178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-178 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 LNGILCNG 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 and Common Council hereby authorize the Ciry Manager to execute on behalf of the Ciry 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 LNGILCNG Fueling station at the City Corporate Yard. A copy of the contract is attached and incorporated herein as Exhibit A. Such Contract shall be effective only upon said Contract being fully executed by both parties. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within ninety (90) days of the passage of this resolution. III 11/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council ofthe City of San Bernardino at a joint regular meeting thereof, held on the 4th day of June ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X BAXTER X BRINKER X DERRY X KELLEY X JOHNSON X McCAMMACK X Q~};. ~ ~ac'hel G. Clark. City Clerk V The foregoing resolution is hereby approved this _~ day of June ,2007. Approved as to form: 2007-178 EXHIBIT "A" . III South Coast Air Quality Management District Contract No. 07149 Clean Fuels Infrastructure 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. I 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. Contract No. 07149 Clean Fuels Infrastructure 4. TERM - The term of this Contract is from the date of execution by both parties to December 31, 2012, 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 written 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 l.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); 2 Contract No. 07149 Clean Fuels Infrastructure 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. 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 AQMD 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. 3 Contract No. 07149 Clean Fuels Infrastructure 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, 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 Califomia 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 Califomia 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. 4 Contract No. 07149 Clean Fuels Infrastructure 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 indicated on the return receipt card. AQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Larry Watkins CONTRACTOR: City of San Bemardino 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 lea~, 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 ex1ended 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. 5 Contract No. 07149 Clean Fuels Infrastructure 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). 18. 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 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 Califomia 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. 6 I Contract No. 07149 Clean Fuels Infrastructure 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 attomeys' 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. 24. 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. 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 Califomia. 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 performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b. 7 Contract No. 07149 Clean Fuels Infrastructure 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. Any material changes to the subcontract(s) that affect the scope of work, deliverable schedule, and/or cost schedule shall also require the written approval of the Executive Officer or designee prior to execution. C. The sole purpose of AQMD's review is to insure that AQMD's contract rights have not been diminished in the subcontractor agreement. AQMD shall not supervise, direct, or have control over, or be responsible for, subcontractor's means, methods, techniques, work sequences or procedures or for the safety precautions and programs incident thereto, or for any failure of subcontractor to comply with any local, state, or federal laws, or rules or regulations. 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 HAS BEEN INTENTIONAllY LEFT BLANK] 8 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: Kurt R. Wiese, District Counsel By: Ile/ean Fuels Infrastructure 13 October2005..Updated 6 December2005 9 Contract No. 07149 Clean Fuels Infrastructure IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duiy executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT By: Date: (p /~5~ 7 { ATTEST: "'"""" ~ c...,~ Qyt cChJ BY~ APPROVED AS TO FORM: Kurt R. Wiese, District Counsel BY~~ Ile/ean Fuels Infrastructure 13 Ocloher2005: Updated 6 December2005 CITY OF SAN BERNARDINO By: Name: Title: Date: 9 I#fz- IIY Ir 07 APPROVED AS TO FORM: James F. PenmaD, City Attoraey ,~ ATTACHMENT 1 STATEMENT OF WORK FOR CITY OF SAN BERNARDINO CONTRACTOR shall construct and operate a publicly accessible liquefied natural gas and liquefied/compressed natural gas (LNG-L1CNG) 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-L1CNG 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-L1CNG 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-L1CNG 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-L1CNG 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-L1CNG 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 C:\Documents and Settings\DRamirez\My Documents\Contracts Folder\lnfrastructure Contracts\City of San Bernardino LNG~LCNG Station SOW Nov06.doc J . 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 - UCNG 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 C:\Documents and Settings\DRamirez\My Documents\Contracts Folder\Infrastructure Contracts\City of San Bernardino LNG-LCNG Station SOW Nov06.doc , . 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, C:\Documents and Settings\DRamirez\My Documents\Contracts Folder\Infrastructure Contracts\City of San Bernardino LNG-LeNG Station SOW Nov06.doc . 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 and Two-Page Project Summary 12 months after contract execution Quarterly Progress Reports (Due the 10th of the following month) 1 st quarter after contract execution until Fully Operational Station Annual Project Reports (Due the 15th) December of the year Station is Fully Operational and each year thereafter for an additional 5 years C:\Documents and Settings\DRamirez\My Documents\Contracts FoJder\lnfrastructure Contracts\City of San Bernardino LNG-LeNG Station SOW Nov06.doc 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 AQMO'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. C:\Documents and $euings\DRamirezlMy Documents\Conlracts Folderllnfrastructure Contracts\City of San Bernardino LNG-LCNG Station sow Nov06.doc ,----- , . 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. C:\Documents and Settings\DRamirez\My Documents\Contracls Folder\lnfrastruClure Contracts\City of San Bernardino LNG-LeNG Station SOW Nov06.doc .J, . 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 Of Two-Page Summary and Final Report $163,212 Retention (1 % of not to exceed amount) $1.649 Not-to-Exceed Amount $164.861 C:\Documents and Settings\DRamirez\My Documents\Contracts Folder\lnfrastructure Contracts\City of San Bernardino LNG-LCNG Station SOW Nov06.doc ,', i I I , L Attachment 3 AQMD Contract # Date of Pnblication <as month year) Project Title Contractor Prime contractor and significant subcontractors. Cosponsors List cosponsors from highest contributor to lowest. Project Officer AQMD project manager name, Background This section is a brief introduction describing the need for the technology andlor clean fuel, as defined by rules and regulations / mandates of AQMD, ARB, EPA, DOE, etc, If applicable, describe other relevant factors, such as economic issues, energy savings, etc. Project Objective This section should briefly describe the project objectives as originally stated in the Board (or EO) letter. If the objective evolved significantly during the contracting procedure, it should be noted how and why, Technology Description This section describes the general principles of operation and emissions control approach of the technology andlor clean fuel involved in the project. If applicable, discuss how the principle of operation differs from other, currently available equipment. This includes describing what the "advancement" actually is over currently available technologies, Status This section describes the status or progress of the project. If the project was completed, provide the date of completion and note that the final report is on file with complete technical details of the project. Describe major project events, such as the development / testing / delivery of hardware (if applicable), If the project was temlinated or ended prematurely you still need to file this report, Regardless of how it ended, per SB 199 you must describe any unanticipated problems that were encountered during the project, and how they were (or were not) resolved, If "fatal" problems were encountered, this section will be the heart of the report, since it would be unlikely that major benefits or emissions reductions were realized in a temlinated project. Picture of technology that has been supported with AQMD/Technology Advancement cosponsorship, if applicable. The picture, preferably a photograph, should clearly illustrate the technology, The size of the image should be about 3x3 to fit this two column format. The picture of the technology should be positioned on the front page Results This section sununarizes all available emissions results and key performance characteristics. Performance is meant in the broadest terms, including (as applicable) emissions, energy efficiency, operation and maintenance requirements, overall environmental impacts, and performance tradeoffs. The primary emphasis of this section is the presentation of project data, Performance results should be summarized using clear, graphical depictions whenever possible: Graph or table summarizing key peiformance characteristics. Graphs are preferred over tables when possible. Graphical data presented should show the most representative data of the project 's/technology 's performance, One graph would be preferred, but no more than two data presentations in this document. Measured performance is to be compared with the objectives/goals set for the project. Comparisons should focus on targeted emissions reductions andlor other key performance goals (e.g. range for electric vehicles). There should also be a brief discussion of performance tradeoffs. That is, did achieving one performance characteristic goal, such as emissions, compromise another perfonnance characteristic, such as efficiency. Ben efits This section crystallizes the above-noted 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 wanning, 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 and/or clean fue\. 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 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 market, and if there is another market segment or application that could use the technology. Discussion of the commercial status of the technology should address questions such as: (I) how close to a commercial product is it; (2) what work remains to bring it to market; (3) when could it be made commercially available and competitive; and (4) what barriers remain before the technology can be commercialized.