HomeMy WebLinkAbout2008-269
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RESOLUTION NO. 2008-269
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION FOR
THE FY06/07 MOBILE SOURCE REDUCTION COMMITTEE FUNDING FOR
MAINTENANCE FACILITY MODIFICATIONS PROGRAM TO ASSIST IN THE
MODIFICATIONS NEEDED IN ORDER TO SERVICE AND MAINTAIN LNG AND
CNG POWERED VEHICLES INDOORS AT THE PUBLIC SERVICES DEPARTMENT
FLEET DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT ACCEPTING THE GRANT. .
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor and Common Council of the City of San
Bernardino ratifies the submittal of an application to the South Coast Air Quality
Management District to participate in the FY06/07 Mobile Source Reduction
Committee Funding for Maintenance Facility Modifications Program, in the amount of
$350,000.00 for the modifications needed in order to service and maintain LNG and
CNG powered vehicles indoors at the Public Services Department, Fleet Division.
These modifications are required in order to comply with various State and local
regulations regarding servicing of LNG and CNG vehicles indoors.
SECTION 2. The City Manager, or his designee, is hereby authorized to
execute a Contract with South Coast Air Quality Management District accepting the
grant, a copy of which is attached hereto and incorporated herein as Exhibit "A."
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July 2. 2008
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2008-269
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION FOR
THE FY06/07 MOBILE SOURCE REDUCTION COMMITTEE FUNDING FOR
MAINTENANCE FACILITY MODIFICATIONS PROGRAM TO ASSIST IN THE
MODIFICATIONS NEEDED IN ORDER TO SERVICE AND MAINTAIN LNG AND
CNG POWERED VEHICLES INDOORS AT THE PUBLIC SERVICES DEPARTMENT
FLEET DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT ACCEPTING THE GRANT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ;oint regular
meeting thereof, held on the 7th
day of July
, 2008, 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
~.4.~
Rachel G. Clark, City Clerk
The foregoing resolution is
Julv ,2008.
hereby approved this (/' TN
day of
,
0::::" ~::r
City of San Bernardino
Approved as to Form:
E~ilitiA
.'
.
South Coast
Air Quality Mana2ement District
~ Contract No. M~07025'
Clean Transportation
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LOCAL GOVERNMENT MATCH PROGRAM CONTRACT ~
II1II
1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter
referred to as 'AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the
the City of San Bernardino (hereinafter referred to as "CONTRACTOR') whose address is 182 South Sierra
Way, San Bernardino, California 92408.
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 (State). AQMD is authorized under State Health &
Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of
reducing air pollution from such vehicles and to implement the California Clean Air Act.
B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor
vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV)is required to collect
such fee and remit it periodically to AQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD
into a separate account for the sole purpose of implementing and monitoring programs to reduce air
pollution from motor vehicles.
D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the work
program by AQMD'S Goveming Board, AQMD Board authorized a contract with CONTRACTOR for
services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Match Program Application dated March 13, 2007.
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that
AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no
responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely
manner.
4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the
termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate
such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended,
AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was
inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not
relieve CONTRACTOR of its obligation to perform under the terms of this Contract.
RECEIVED
SEP 0 2 2008
FLEET DIVISION
RECEIVED
"PR ~~ 1 2008
FLEET DtVISION
Contract No. ML07025
5. REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of
Work. AQMD reserves the right to review, comment, and request changes to any report produced as a
result of this Contract.
6. TERM - The term of this Contract is for Twenty Three (23) months from the date of execution by both
parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by
amendment of this Contract in writing, or unless all work is completed and a final report is submitted and
approved by AQMD prior to the termination date. No work shall commence prior to the Contract start date,
except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed.
Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts
Administrator may extend the Contract up to an additional six months at no additional cost. Term extensions
greater than six months must be reviewed and approved by the MSRC.
7. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to
provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements
of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The
non breaching party shall have the sole and exclusive option either to notify the breaching party that it must
cure this breach within fifteen (15) days or provide written notification of its intention to terminate this
Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause
13 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The
non breaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse
CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all
noncancellable commitments incurred in performance of this Contract through the effective date of
termination for any reason other than breach.
8. EARLY TERMINATION - This Contract may be terminated early due to any of the following circumstances:
A. The vehicles or equipment become inoperable through mechanical failure of components or systems
directly related to the alternative fuel technology being utilized and such failure is not caused by
CONTRACTOR'S negligence, misuse, or malfeasance.
B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly
to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance.
9. INSURANCE - CONTRACTOR represents that it is perrnissibly 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.
2
Contract No. ML07025
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, defend, and indemnify, AQMD, its officers,
employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or
expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may
incur or be required to pay by reason of any injury or property damage caused or incurred by
CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract.
11 PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Three Hundred Fifty Thousand Dollars
($350,000) upon completion of the project on a reimbursement basis. Any funds not expended upon
early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund.
Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by
AQMD of an itemized invoice prepared and furnished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and
list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number
or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in
Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project
described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided
to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a
Final Report detailing the project goals and accomplishments.
D Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any
project cost overruns must be funded from other than AB 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the
project described in Attachments 1, 2, and 3 of this Contract.
F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or
infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual
amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated
basis as described in Attachment 2.
G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this
Contract or invoice may not be paid.
12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and/or sold.
3
Contract No. ML07025
B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the
air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which
are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or
other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of
AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and
which are subject to retirement, shall be referred to as "AB 2766-MSERCs."
C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary
Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 2766 program's contribution to the associated air quality benefits.
Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC
application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total
MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
13. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons
listed below or to other such addresses or addressees as may hereafter be designated in writing for notices
by either party to the other. A notice shall be deemed received when delivered or three days after deposit in
the U.S. Mail, postage prepaid, whichever is earlier.
AQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765-4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
CONTRACTOR: City of San Bernardino
182 South Sierra Way
San Bernardino, CA 92408
Attn: Don Johnson
14. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD.
CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of
vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain
workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered
employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or
representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services required to be performed
4
Contract No. Ml07025
under this Contract. CONTRACTOR further represents that in performance of this Contract, no person
having any such interest shall be employed by CONTRACTOR or any subcontractor.
15. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the
California Fair Employment & Housing Act (Government Code Section 12900, et sea.), the Federal Civil
Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal
Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order.
CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in
each such subcontract language similar to this clause.
16. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
local laws, ordinances, codes and regulations and orders of public authorities in the performance of this
Contract and to ensure that the provisions of this clause are included in all subcontracts.
17. 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.
18. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or
all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies
hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such
terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise
provided for herein.
19. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and
costs.
20. 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.
21. SEVERABILITY - In the event that anyone or more of the provisions contained in this Contract shall for any
reason be held to be unenforceable in any respect by a court of 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.
22. 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.
5
Contract No. ML07025
23. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
24. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of
any dispute shall be Los Angeles County, California.
25. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully
executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal
Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized
by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the
Contract.
26. 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.
27. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR,
submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures.
CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All
modifications to this Contract shall be in writing and signed by both parties.
28. 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 Statement of Work - Attachment 1,
The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by
reference herein and made a part hereof.
29. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered
and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational
and financial capacity and that the requirements and obligations under this Contract are legally enforceable
and binding on CONTRACTOR.
6
Contract No. ML07025
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 ~ [!Jd// &~
Dr. William A. Burke, Chairman, Governing Board
Br0~/AJ~
Name: DoN W, ~"',...(
Title FL.€.ii:.r r>tA-NA4iUL
agI2_~O
/
Date 7-;L~-O~
Date:
ATTEST:
Saundra McDaniel. Clerk of the Board
~~~JLJVl ~Ouv-J
By
APPROVED AS TO FORM
Kurt R. Wiese, District Counsel
BY~~
IIMSRC06Loca/GovtMatch
Updated 03112/08
7
Contract No. ML07025
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
Dr. William A. Burke. Chairman, Governing Board
By:
Name:
Title:
By
Date:
Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
APPROVED AS TO FORM:
James F. Penman,
City Attorney
By: _...
).
APPROVED AS TO FORM:
Kurt R. Wiese. District Counsel
BY~~
//MSRC06LocaIGovtMatch
Updated 03/12108
7
Attachment 1
Statement of Work
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number ML07025
Project Description
CONTRACTOR shall make modifications to its vehicle maintenance facility in orderto
accommodate the maintenance and repair of natural gas-fueled vehicles.
Statement of Work
Maintenance Facility Modifications
CONTRACTOR shall perform modifications to its maintenance facility as specified in
Attachment 3, Maintenance Facility Modification Specifications.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the facility modifications to accommodate natural gas-fueled vehicles. Acceptable
outreach may include, but is not limited to, notices. in CONTRACTOR mailings to
residents, newspaper notices, flyers, and information items at CONTRACTOR Board
meetings and community events. The Public Outreach Plan shall automatically be
deemed approved 30 days following receipt by AQMD staff, unless AQMD staff notify
CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall
implement the approved Public Outreach Plan in accordance with the Project Schedule
below.
Project Schedule (based on date of Contract execution)
Task Completion
Send out Reouest for Qualifications Month 2
Award Desioner Aooroval Month 3
Desion Month 6
Send out Request for Proposal for Month 10
Construction
Award Aooroval of Construction Month 11
Submit Public Outreach Plan Month 16
Construction Month 19
Imolement Public Outreach Plan Month 20
Quarterlv Reoorts Months 4,7,10,13,16, and 19
Final Reoort Month 21
Hardware: Motor control center, propane powered generator and fuel tank, methane
detection system, alarm system, space heaters, ventilation fans, ductwork, door motors,
and emergency lighting.
Attachment 1
Statement of Work - continued
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number ML07025
Reports:
Quarterly: Contractor shall provide quarterly Progress Reports that summarize the
project results to date including, but not limited to: equipment acquisition; achievement
of milestones; preliminary findings and recommendations for completion of contract; and
any project delays or problems encountered and recommended solutions. Progress
Reports that do not comply will be returned to the Contractor as inadequate.
Final Report: A final report shall be submitted by the CONTRACTOR in the format
provided by, and in the manner directed by, AQMD staff. Report shall include, at a
minimum: a) an executive summary; b) a detailed discussion of the results and
conclusions of this project; c) photos illustrating the project; and d) any media/outreach
materials and news clippings generated by the project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, as well as impact on near and long term altemative fuel vehicle
goals. The MSRC will provide at least 30 days' notice if CONTRACTOR will be required
to prepare and present the final report at a meeting of the MSRC.
In the event the CONTRACTOR files for bankruptcy or becomes insolvent or
discontinues this project, no items revert to the AQMD for disposition into the AS 2766
Discretionary Fund account.
2
Attachment 2
Payment Schedule
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number ML07025
Cost Breakdown
Purchase
Cate 0
Maintenance
Facility
Modifications
Total
MSRC
Costs
$350,000
Local Gov't
Funds
A lied
$404,498
Total Cost
$754,498
Reimbursement will be made only after verification of project completion. At a
minimum, acceptable verification shall consist of:
o Representative photos of completed modifications;
o a report signed by a responsible official certifying that the facility upgrades
have been completed as described in Attachments 1 and 3; and
o invoice(s) from subcontractor(s) perfonning the installations, if any.
All invoices subject to this contract must be received according to the schedule shown
in Attachment 1. An amount equal to ten percent will be withheld from each invoice and
will be released upon submission and approval of CONTRACTOR'S final report.
If, at the completion of the Project, the expenditures are less than the Total Cost amount
above, the actual amount of AS 2766 Discretionary Funds reimbursed to
CONTRACTOR shall be adjusted on a prorated basis, so that:
. the amount of AS 2766 Discretionary Funds reimbursed to CONTRACTOR shall
not exceed 50% of actual combined equipment and installation costs, including
delivery and taxes.
3
Attachment 3
Supporting Documentation
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number ML07025
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting any rights to third parties against the AQMD.
1. Maintenance Facility Modification Specifications
2. Fleet Division Area Map
3. Proof of Insurance.
4
.. .
Attachment 3
Supporting Documentation
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number ML07025
1. Maintenance Facility Modification Specifications
At a minimum, the following modifications shall be made at the CONTRACTOR'S
maintenance facility located at 182 So. Sierra Way, San Bemardino, Califomia.
Maintenance facility shall remain operational during the facility modifications.
a. Removal of current gas heaters
b. Remove existing exhaust fan systems
c. Remove overhead door motors
d. Replacement of existing electrical conduit and circuits
e. Transfer of emergency generator electrical loads
1. Physical isolation of the Heavy Equipment Bays
g. Installation of methane detection system and alarm system
h. Install new space heaters with automatic gas shutoff valves
i. Install new ventilation fans and ductwork including overpressure fans
j. Install new explosion proof door motors with automatic openers controlled
by methane sensors
k. Install emergency lighting in heavy equipment bays, powered by new
generator
I. Install motor control center for new equipment and systems specified
above
m. Install liquefied petroleum gas-powered generator, fuel tank and enclosure
to power new systems
5
"
Attachment 3
Supporting Documentation
City of San Bernardino
Hereinafter Referred to as CONTRACTOR
Contract Number ML07025
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Sa III
City of San Bernardino
Human Resourt:eSlR&k Management Oi1rision
300 N. '0' Street
San Bernardino, CA 92418
Unn livtn9StOtl
Human Resources Oirectol
Fred Wilson
City Administrator
CERTIFICATE OF INSURANCE
OR SELF-INSURANCE
In the even( o' cancelation d the self..inlutlnc:e ptOgrams or poIIdes designated below. It is the Intent or the City of San
Bemanlino to maintain 30 days' prior notk:e thereof to;
MSRC Conlnlcls_tor
South Coast Ail Quality Management District
21866 Copley Drive
Diamond Bar. CA 91765-4178
The City c1 San Bernardino oertWies IheI. the foIowing teIf-insutlnOl pIOgf'Ima or insurance polidelate In fotce:
The City of San Bernardino and the South Coast Air Quality Management DisIricl are named as
additional insured insofar as this certificate is concerned.
LIMITS OF LIABIUTY
COMPANY AND POUCY
TYPE OF COVERAGE POUCY NO. PERIOD BodilY Injury Property Damage
Complehelllive
-~ -- _1fniI. $1.000.000 ComIlIned Single LmlIs
,..... AAoo ~
.
ElauCompfehenslve
-r..-y
Incl_~
_..'
Compensation -- - SIelutoty No.,.".,..
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This certific:ale ill not valid unless counIersigned by an IIUthorized representative oIltle City 01 ~n Bef1\8fdino. RiIIt Manag8lMnt DiIfiIIIon.
lOIn Livingston i ~
Di'ectot 01 Humin Rnources rt tJ .I
F........2t 2007 ClIyofSan__ ~_ f"JI(.rrwor~
0810 A__ Signature
For inklnnation regarding the above sell-lnsurance policies. please conIad Rislc Management Div' . 3&4-5308.
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