HomeMy WebLinkAbout16-Public Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Public Services
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an Agreement and issuance of a
Purchase Order in the amount of
$81,300 to GEO-CAL Incorporated of
San Bernardino for the purchase and
installation of a vapor recovery system
for the City's gasoline fuel island as
required by AQMD Rule 461.
From: Ken Fischer, Director
Date: February 9, 2009
Meeting Date: February 17, 2009
Synopsis of Previous Council Action:
Recommended Motion:
1) Adopt Resolution.
j:~=
Signature
Contact person: Don Johnson, Fleet Manager Phone: 5220
Supporting data attached:
Staff Report, Resolution, Vendor
Service Agreement and Attachment "1", "2"
& "3"
Ward:
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FUNDING REQUIREMENTS:
Amount:
$81 ,300
Source:
FY 08-09
Account No. 635-341-5706
(Alterations &Renovations)
Finance:
Council Notes:
&sa Zt>(;')9~..29
Agenda Item No. ~ (p
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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 execution of an Agreement and issuance of a Purchase Order in the amount of
$81,300 to GEO-CAL Incorporated of San Bernardino for the purchase and installation
of a vapor recovery system for the City's gasoline fuel island as required by AQMD Rule
461.
Background:
California State law requires that "all retail and non-retail gasoline dispensing facilities
(GDF) with underground storage tanks be equipped with a certified Phase II Enhanced
Vapor Recovery System." The deadline for this requirement is April 1, 2009. This
requirement is necessary to further reduce emissions/smog of gasoline vapors, which
contain toxic compounds. According to notification provided by AQMD, failure to
comply by the applicable deadline will result in closure of the gasoline dispensing
operation and may result in significant penalties. The South Coast Air Quality
Management District (AQMD) is required to implement and enforce this State
requirement (Attachment "1 ").
The City was notified on July 24, 2008 by State regulatory agencies that a Compliance
Plan was due by October 1, 2008 to ensure compliance with this requirement. Staff
completed the Compliance Plan forms and they were submitted to AQMD by the
October 1, 2008 deadline.
On November 25, 2008, Public Services staff sought proposals for the purchase and
installation of a vapor recovery system for the City's gasoline fuel island. Notices of
bids were mailed to nine (9) vendors. All interested vendors were required to attend a
mandatory job walk on Tuesday, December 9, 2008 at the Fleet Division Office located
at 182 S. Sierra Way, San Bernardino. Six (6) vendors attended the job walk.
Proposals were due by 3 p.m. on Thursday, January 8, 2009. Three (3) bids were
received.
GEO-CAL Incorporated of San Bernardino was determined to be the lowest bid. The
bid requested pricing for the purchase and installation of a vapor recovery system. The
vendor, their business location, and their price are listed below:
Name
1. GEO-CAL Incorporated
2. Environmental Project Services
3. EFS West
4. Inland Petroleum Equipment
5. Slunaker Construction
6. P.F. Services
7. Spencer & Jones
8. R.Y. Rodriguez Incorporated
9. WSK & Sons
Location
San Bernardino, CA
San Bernardino, CA
Valencia, CA
Bloomington, CA
Riverside, CA
Upland, CA
Colton, CA
Ontario, CA
Yucaipa, CA
Bid Price
$ 81,300
$151,140
$198,000
Non-responsive
Non-responsive
Non-responsive
Non-responsive
Non-responsive
Non-responsive
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report- Continued
GEO-CAL Incorporated is being recommended to purchase and install the vapor
recovery system. Attached is a cost proposal and task description of services that
GEO-CAL Incorporated will provide (Attachment "3").
Staff recommends that GEO-CAL Incorporated be issued a Purchase Order in the
amount of $81,300 for the purchase and installation of a vapor recovery system for the
City's gasoline fuel island as required by AQMD Rule 461. GEO-CAL Incorporated is a
local vendor. The work is expected to be completed by the April 1 , 2009 deadline.
Financial Impact:
Staff anticipated the cost for the purchase and installation of the vapor recovery system
to be approximately $80,000, and staff budgeted accordingly. However, due to recent
cost increases in materials and supplies, staff will need an additional $1,300 to
complete the project. Fleet will transfer the additional $1,300 from its current
operational FY 08-09 budget to cover the difference.
Recommendation:
1) Adopt Resolution.
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $81,300 TO GEO-CAL
INCORPORATED OF SAN BERNARDINO FOR THE PURCHASE AND
INSTALLATION OF A VAPOR RECOVERY SYSTEM FOR THE CITY'S GASOLINE
FUEL ISLAND AS REQUIRED BY AQMD RULE 461.
WHEREAS, GEO-CAL Incorporated submitted the lowest bid for the purchase
and installation of a vapor recovery system for the City's gasoline fuel island as
required by AQMD Rule 461;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City a Vendor Service Agreement between the
City of San Bernardino and GEO-CAL Incorporated, a copy of which is attached
hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as
16 though set forth at length.
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SECTION 2. Pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a Purchase Order to GEO-CAL Incorporated in
the amount of $81,300.
SECTION 3. The Purchase order shall reference this Resolution No.
2009
and shall read, "GEO-CAL Incorporated for the purchase and
23 installation of a vapor recovery system for the city's gasoline fuel island."
24 SECTION 4. The authorization to execute the above referenced Purchase
25 Order and Agreement is rescinded if the Agreement is not executed by both parties
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within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $81,300 TO GEO-CAL
INCORPORATED OF SAN BERNARDINO FOR THE PURCHASE AND
INSTALLATION OF A VAPOR RECOVERY SYSTEM FOR THE CITY'S GASOLINE
FUEL ISLAND AS REQUIRED BY AQMD RULE 461.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
, 2009, by the
day of
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
. BRINKER
14 VACANT
KELLEY
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16 JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2009.
day of
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
J es F. Penman
i Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of February 2009, by
and between Geo-Callncorporated ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the CITY is obligated to comply with South Coast Air Quality
Management District Rule 461, a copy of which is attached hereto and incorporated herein as
Attachment "1"; and
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase and installation of a vapor
recovery system for the City's gasoline fuel island; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for purchase and installation of a vapor recovery system for the City's
gasoline fuel island.
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in the City
performance specifications attached hereto as Attachment "2" and as described in its bid dated
January 23, 2009, attached hereto, marked Attachment "3" and incorporated herein by this
reference as fully as though set forth at length.
Exhibit "A"
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2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $81,300 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be for a period of one (1) year.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omISSIonS. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit "A"
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respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit "A"
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employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Geo-Callncorporated
P.O. Box 9493
San Bernardino, CA 92427
Telephone: (909) 880-1146
Contact: Henry Olivier
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
Exhibit "A"
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] 1. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
]2. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIOns.
Exhibit "A"
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
GEO-CAL INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
,2009
VENDOR.
Dated:
By:
Its:
,2009
CITY OF SAN BERNARDINO
Dated
By:
City Manager
Approved as to Form:
By:
James F. Penman, City Attorney
Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of February 2009, by
and between Geo-Cal Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the CITY is obligated to comply with South Coast Air Quality
Management District Rille 461, a copy of which is attached hereto and incorporated herein as
Attachment "1"; and
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the purchase and installation of a vapor
recovery system for the City's gasoline fuel island; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for purchase and installation of a vapor recovery system for the City's
gasoline fuel island.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in the City
performance specifications attached hereto as Attachment "2" and as described in its bid dated
January 23, 2009, attached hereto, marked Attachment "3" and incorporated herein by this
reference as fully as though set forth at length.
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2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $81,300 to provide and perform those
products and services described in Section I above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be for a period of one (I) year.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
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respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any'notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Geo-Cal Incorporated
P.O. Box 9493
San Bernardino, CA 92427
Telephone: (909) 880-1146
Contact: Henry Olivier
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph,
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11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provIsIons.
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
GEO-CAL IN CORPORA TED
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated:
Dated
,2009
VENDOR.
By:
Its:
,2009
CITY OF SAN BERNARDINO
By:
City Manager
Approved as to Form:
By:
Ja
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F. Penman, City Attorney
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ATTACHMENT "1"
SOUTH COAST
AIR QUALITY MANAGEMENT DISTRICT
21865 COPLEY DRIVE, DIAMOND BAR, CA 91765
; , (909) 396-2000 Website: htto:/Iwww.aamd.aov
l~
AQMD Rule 461 Advisorv No. 01-08
Critical Deadline to Install
Phase II Enhanced Vapor Recovery Systems
AND
Recent Amendments to Rule 461 - Gasoline Dispensing Operations
Slate of Califomia law requires that all retail and non-retail gasoline dispensing facilities (GDF) with underground storage tanks be
equipped with a certified Phase II Enhanced Vapor Recovety system. The deadline for this slate requirement is April 1, 2009. This
requirement is one of several in the State's Enhanced Vapor Recovety (EVR) program designed to further reduce emissions of gasoline
vapors which contain toxic compounds and which contnbute to the formation of atmosphenc ozone (smog). Failure to comply by the
applicable deadline will result in closure of your gasoline dispensing operation and may result in significant penalties. As the
regional air pollution control agency, the South Coast Air Quality Management Distnct (AQMD) is responsible for implementing and
enforcing these Slate requirements.
Presently, the California Air Resources Board (CARB) has certified two Phase II EVR systems:
1. Balance Systems - Vapor Systems Technologies, Inc.(VS1)
2. Vacuum Assist System - Franklin Fueling Systems IncJHealy
At this time the likelihood of any additional certified system being commercial~ available in time to meet the up-coming Apnl 2009
installation deadline is doubtful.
Amended Rule 461
To ensure time~ compliance with this state requirement, the AQMD adopted amendments to Ruie 461 on March 7, 2008 to require a
Compliance Plan if equipment upgrades are not completed by October 1,2008. Highlights of the amendments to the Rule are:
1. The Compliance Plan Requirements, which lists deadlines for the follOWing incremental steps towards completion of Phase II
EVR upgrades:
a. Application submittai
b. Installation contract
c. Equipment order
2. Pertormance and re-verification testing schedule revisions
3. Testing contractor requirements
4. Certiflication for contractors and operators
5. Delay to year 2012 EVR implementation on E85 and ORVR fleets.
Of course we strongly suggest reading the entire Rule for a full knowledge of all the requirements. Should you have questions, pleese
call the Rule 461 Hotline (866)770-9140
Compliance Pian Form
A form has been developed to collect information required for the submittal of a compliance plan. In addition, an informational sheet has
been compiled to help guide the preparation of the compliance plan. Both documents are attached. The Compliance Plan along with an
application (Form 400-A, which can be obtained at htlp:/Jwww.aqmd.gov/permitlFonmspdf!BasiclAQMDF0rrn400-A.pdf) and a plan fee of
$224.60 must be submitted to AQMD on or before October 1,2008.
Public Meetinq
A public meeting is also scheduled on August 7, 2008 to help answer any question GDF operators may have. The meeting will be held
at the AQMD Headquarters in Diamond Bar. Details regarding the planned meeting are on the back of this page.
d. Equipment installation
e. Testing contract
f. Equipmenttesting
Attachment "2"
SAN BERNARDINO GASOLINE FUEL DISPENSING ISLAND
ENHANCED VAPOR RECOVERY PHASE II SYSTEM INSTAllATION
PERFORMANCE SPECIFICATIONS
Introduction
The City of San Bernardino operates and maintains a gasoline fuel-dispensing island.
The gasoline fuel-dispensing island is adjacent to Pershing Street on the west side of the
Public Works Yard. The gasoline fuel-dispensing island is located between the diesel fuel
island and the LNG/CNG fuel-dispensing island. It is important that there be minimum
disruption of gasoline fuel dispensing island operation. It is also important that there be no
disruption of service from the diesel fuel dispensing island and the LNG/CNG fuel-
dispensing island. The City conducts $100,000 in daily business and depends upon the
use of these facilities to ensure service to our customers is not disrupted.
The fuel island maintenance facility must be upgraded to comply with Rule 461 as issued
by the South Coast Air Quality Management District (AQMD).
The following presents elements of and a discussion of the Scope of Work to be followed
during the modifications of the gasoline fuel-dispensing island.
The contractor shall be responsible for delivering a complete "turnkey" project, including
the configuration, permitting, civil improvement to the site, equipment procurement and
installation, start-up and testing, commissioning, and training of City personnel. The
Contractor shall be responsible for ensuring that the. design of the equipment complies
with all codes and regulations in effect at the time of permitting. The Contractor shall
provide all necessary instruction, service and operating manuals as well as a complete set
of AutoCAD 2000 based "as built" drawings in both electronic format and hard copy. The
Contractor shall provide a one-year full warranty on materials and labor covered under this
proposal.
The purpose of this document is to describe the equipment and services that the City of
San Bernardino requires. The Contractor is to design and install a Healy type ISD (In
Station Diagnostics) capable Phase II Evaporative Vapor Recovery System to meet
AQMD Rule 461 Requirements. System to include new Veeder Root ISD capable,
monitoring equipment in a weatherproof cabinet adjacent to existing electrical panels
located at the LNG/CNG fueling facility. Healy tank to be inside an approved enclosure.
Any and all requirements to upgrade existing equipment to be included in bid. It is the
responsibility of the Contractor to understand and comply with all applicable municipal,
county, state, and federal codes, laws, ordinances, standards, rules and City of San
Bernardino supplements in force at the time of facility permitting as noted above.
The contractor shall propose a timeline for completion of the project as part of the
submittal. Major milestones shall be identified. Total project completion is not realized
1
until the improvements are fully operational and in compliance with the appropriate state,
local, or federal guidelines, codes, laws or regulations.
Certain preliminary documents have been prepared for this project. These include a site
layout and a preliminary list of tasks (scope of work). Every effort has been made to
provide accurate information. Should significant conflicts between these written
specifications, the preliminary design drawings, code requirements, standard industry
practices, and/or available equipment be identified by the Contractor, the Contractor shall
notify the City of San Bernardino in writing immediately upon discovery.
EXISTING SITE CONDITIONS
The gasoline fuel-dispensing island is located between two other dispensing facilities.
The diesel fuel-dispensing island is located to the south and the LNG/CNG fuel-dispensing
island is located to the north of the gasoline fuel-dispensing Island. The gasoline fuel-
dispensing island has two pumping stations with two fuel nozzles each. The system is
operated using a two key "Gas Tracker" system. This system employees a pedestal at the
fuel island that requires the vehicle operator to insert a vehicle key and then a personal
key to authorize the pumping of fuel. Use of this system will not change with the
installation of the vapor recovery system.
Several tasks must be accomplished as part of this project,
They are:
Task 1- Design and Permitting
This document only provides a performance specification for the facility modifications.
Detailed design of the proposed work and the specifications for all equipment and systems
and submission of the design to the appropriate approving authorities (Building
Department, Fire Department, etc.) is required.
Task 2 - Engineering
The Contractor shall provide all engineering and design services required to produce a full
set of construction drawings and corresponding specifications which are sufficient for plan
check. All design, construction and as-built drawings shall be supplied in AutoCAD ReI.
2000 and be provided to the City in both hard copy and CD-ROM format. These drawings
shall be sufficiently detailed to pass through the permit review process including the City
Building Department, the San Bernardino Fire Department, meet requirements established
by the California Air Resources Board and any other jurisdictions having authority. The
design documents shall contain all relevant information for the construction and
development of the project. The drawings and specifications shall be used to purchase all
materials and equipment and to subcontract portions of this projection. After the facility is
completed and commissioned, the Contractor shall supply a completed set of "As Built"
drawings to the City in the form of "red-line" additions to the original drawings as well as
"reCADDed" prints reflecting the red-line changes in AutoCAD REL.2000.
2
The overall design shall be the responsibility of the Contractor. The final drawing package
shall be sufficient to meet the requirements of the City of San Bernardino Development
Services Department and Fire Department and may include, but not be limited to:
. Title Sheet (with site-location map)
. Overall Site Plan
. Excavation and Demolition Plan
. Site Equipment Arrangement Plan and Details
. Foundation Plans and Details
. Miscellaneous Civil Details (Fencing, Bollards, Walls, Etc.)
. Electrical One-Line Diagram
. Site Electrical Plan and Details
. Panel Schedule and Conduit and Wire Schedule
. Lighting Plan and Details
. Site Grounding Plan and Details
. Electrical Hazardous Area Plan
. Site Gas and Fire Detection Plans and Details
. Safety Control System Logic Diagrams
. Safety Signage Plan and Details
. Piping and Instrumentation Diagram (P&ID)
. Site Mechanical Plan and Details
. Mechanical Piping and Installation Details
Plans may be combined as appropriate.
The specifications in the package may include but not be limited to:
. Installation Specifications - General Terms & Conditions
. Installation Specifications - Concrete Foundations
. Installation Specifications - Electrical/Lighting
. Installation Specifications - Instrumentation
. Equipment Specifications - Vapor Recovery Equipment and Controls
. Equipment Specifications - Safety Systems
. Installation Specifications - Mechanical Equipment
. Installation Specifications -- Piping
. Installation Specifications - Painting
. Installation Specifications - Security Fencing and Walls
The Contractor's final detailed drawings shall be sealed and signed by a California-
registered Professional Engineer (PE) appropriately disciplined for the work described on
the respective sheets.
3
Task 3- Construction
Construction of the site will be accomplished to realize the minimum disruption to usage of
the gasoline fuel-dispensing island and no disruption to either the LNG/CNG fuel island or
the diesel fuel island. Contractor shall estimate the total number of construction days
required to complete and commission the new vapor recovery system. Contractor shall
coordinate work activities as necessary to allow City operations to continue undisturbed to
the maximum extent possible. Off-hour and or weekend work will be considered if it will
reduce the impact on City operations.
Task 4- Documentation
In accordance with code requirements the Contractor shall provide a complete set of
documentation for operation and maintenance for each component installed that requires
operation and/or maintenance. The contractor shall design and build the proposed project
using the provisions of AQMD Rule 461 National Fire Protection Association (NFPA) 30
CARB Executive Orders as well as any other related state or local regulations requiring
modification to gasoline dispensing stations to meet vapor recovery requirements. These
documents contain specific language concerning the design of the facility and the
Contractor shall provide documentation that is both complete and code compliant.
The Contractor shall provide written certification that the delivered equipment meets the
design specification and has been tested according to good engineering practices and
complies with all applicable code requirements.
Two complete sets of the following documentation shall be delivered to the City at the
times indicated:
. Operation Manual(s): After commissioning and acceptance of the system.
. Maintenance Manual(s): After commissioning and acceptance of the system.
. Emergency Response Procedures: At commissioning and one week prior to the start
of training of operations supervisory personnel.
. Test and Inspection Reports: A binder containing all test and inspection results and
certifications shall be provided at commissioning completion.
. Permit Package: Copies of all approved construction and operating permits for this
project will be provided as time of station commissioning.
. Code Compliance Certification: The acceptance by the City of the Code Compliance
Certification for the improvements. This compliance document shall certify that the
installed vapor recovery system meets all applicable codes and regulations.
. As Built Report: A California Registered Engineer shall complete and stamp the As-
Built Report ("Record Drawings") for this project. The As-Built Report shall consist of a
complete set of the full size Mylar prints and all related electronic files for this project.
The Contractor shall prepare and submit to the City a clean copy of a marked-up (in
red) set of contract drawings depicting changes and modifications to the original
instruction drawings made during construction as well as CAD prints and electronic
files reflecting the red-line changes.
4
NOTE: Where manufacturers' manuals and leaflets are included in the above
documentation, the Contractor shall clearly indicate all information that is not relevant to
the specific equipment being supplied.
The Contractor shall be responsible for determining the adequacy of each O&M Manual
as to content, organization, equity, and adequacy. The Contractor shall deliver acceptable
manuals as reviewed by the City's Department of Facilities Management upon
commissioning completion. A three-ring binder containing all of the manufacturer's
specification sheets for each piece of equipment provided with in the facility, as well as all
tests results and certifications shall be provided at commissioning completion. Hard
copies and, where feasible, electronic files on computer diskette or CD-ROM, should be
provided within the binder. The City also requires that a "Quick Reference Manual" be
provided which lists common replacement parts, procedures for regularly scheduled
preventive maintenance routines, and a summarized troubleshooting table.
Spare Parts
Spare parts and specials tools lists shall be developed from a "recommended" spare parts
and special tools lists provided by each equipment vendor. The Contractor shall review
each equipment vendor's recommended list and adjust quantities, as necessary, with
concurrence of the City, based on site location, environment, and available maintenance
personnel. The Contractor shall work with City officials to develop a comprehensive plan
for proper storage and preservation of all spare parts and special tools.
Codes
The Contractor shall comply with all applicable codes. The appropriate government
authorities shall determine the codes that are in force and effect at the time of bidding.
The following codes are applicable to this project as of distribution of this RFP; however,
the contractor shall confirm that the cited codes are applicable at the time the construction
bid is submitted to the City.
. California Electric Code. 2007 Edition. Based on the 2005 NEC NFPA 70.
. NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages. 2008
Edition.
. California Building Code, 2007 Edition.
. California Fire Code, 2007 Edition, including CFC Chapter 22.
Note that these codes incorporate, by reference, portions of numerous other design and
building codes, which are not listed here. In addition to adhering to the applicable codes,
the Contractor shall perform the design, construction, installation and test of the vapor
recovery system with a degree of skill and diligence normally employed by professional
engineers or consultants performing the same or similar tasks. The installed vapor
recovery system shall be safe and reliable and perform as specified and intended.
5
Task 5- Signage
The Contractor shall be responsible for acquiring and installing all safety and informational
signs required for the project by City of San Bernardino and applicable CARB and AQMD
regulations.
Construction Observation/Supervision
All components and equipment shall be installed according to their respective
manufacturers' instructions and recommendations. Industry-standard practices shall
apply if no manufacturer's instructions exist.
The Contractor shall provide a construction supervisor, who will be on site to oversee all
construction activities. The Supervisor will ensure that all drawings and specifications are
followed and that the site has been constructed accordingly. Safety is the prime
consideration in any work area and the supervisor shall be responsible for ensuring that
standard safety practices, as well as OSHA regulations, are being followed at all times.
The Contractor shall provide the necessary assistance for equipment start-up and shall
ensure that any and all problems are resolved in a timely manner.
Task 6- Start-Up and Commissioning
The Contractor shall be responsible for the commissioning, start-up, adjustment,
preliminary maintenance, and checkout of all equipment and instrumentation. If any
equipment or system does not operate according to the manufacturer's specifications; this
performance specification; or the Contractor's proposal, drawings, specifications and
project submittals; the Contractor shall immediately repair or replace components until
they operate properly.
The Contractor will provide on-site engineering support to supervise the start-up and
commissioning process. Start-up will be considered complete when flow, function test,
and calibration have been satisfactorily completed. Personnel designated by the City of
San Bernardino to operate the facility shall be present during the start-up phase and, as
part of the training process, shall perform any tasks relative to their respective job titles
under the direct supervision of the Contractors engineer.
After installation is complete, Contractor shall demonstrate to the City that the systems
operate in accordance with the intent and meaning of this performance specification; the
Contractor's drawings and specifications; and the manufacturer's specifications and
recommendations. The Contractor will be required to demonstrate to the City the
successful and repeated operation of all components.
6
Testing and Inspection
Each piece of equipment shall be inspected and tested by the Contractor to the
satisfaction of the City and to verify compliance with this performance specification before
the facility is put into normal day-to-day operation.
When the equipment start-up is complete, the Contractor shall submit appropriate test
reports to the City to verify compliance as part of the documentation requirements.
Contractor must ensure all inspections required by the permitting authorities (i.e. building,
fire, county fire etc.) are completed.
Task 7- Training
The training provided by the Contractor shall include, as a minimum, the following
elements:
. An overview of the facility's design and operation
. An overview of each piece of equipment, including its function as part of the total
system
. Instruction on maintenance checks.
. Instructions on safety and emergency procedures
Warranty
The Contractor shall guarantee in writing all facility equipment and workmanship for a
period of one year, commencing after the date of final completion and acceptance of the
facility by the City. Within each response to this solicitation, Contractors shall clearly
identify those items of their proposed systems, which are generally considered "routine
maintenance items" rather than items falling within the one-year warranty required for this
project. During the first year, the Contractor shall adjust, repair, or replace any faulty
equipment or assembly covered under the warranty at no cost to the City before the final
acceptance of the facility. In cases where a specific piece of equipment is warranted by
the manufacturer for a period of more than one year, the manufacturer's warranty shall
take precedence until expiration. Emergency repair shall be performed within 24 hours of
notification through the one-year warranty period.
If the Contractor fails to perform the emergency repair within 24 hours of notification, then
the Contractor shall pay the City liquidated damages in the amount of $1,000 per each
and every day until the facility has been repaired and is fully operating. Because it is not
possible to precisely fix the damages that the City will incur the liquidated damages
specified are a reasonable estimate of those damages and do not represent a penalty.
7
Environmental & Geotechnical Engineering
Revised
Cost Proposal
Submitted by: Geo-Ca!, Inc.
4370 Hallmark Pkwy, Ste 101
San Bernardino, CA 92407
Date: January 23,2009
Submitted to: City of San Bernardino
Public Service Department
300 North "0" Street
San Bernardino, CA 92418
Project: Enhanced Vapor Recovery (Phase 11) Upgrade at San Bernardino Gasoline
Dispensing Facility, Located at 182 S. Siena Way, San Bernardino, CA
Item Task Description Cost
No.
1.0 Data collection, design plans, permit application, and $4,300.00
I nermit fees
2.0 Provide Healy tank and equipment as required for EVR $38,800.00
(Phase II) upgrade, and TLS-350 ISD capable
3.0 Installation: saw cut approx. 200' AlC and concrete, demo $31,000.00
and excavate, trenches, move vent line to location ofhealy
tank, pressure test, healy tank slab, backfill and resurface,
chain link closure, install hea!y equipment, new TLS 350,
Test and certify system, provide deliverables as required,
Clean Site.
4.0 Install Pressurized Line Leak Detection (PLLD) $2,200.00
COillnonents associated with existing "Red Jacket" Turbine.
5.0 Project Management $5,000.00
Total $81,300.00
~~-~
nry Olivi r, Vice President
Geo-Cal, Inc.
4370 Hallmark Parkway' Suite 101 . San Bemardino. CA 92407 . RO Box 9493 . San Bem...d,no. Califomia 92427 . Tel (909) 660.1146 . Fax (909) 68().1 557