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07.P- Public Works
RESOLUTION(ID# 2040) DOC ID: 2040 © CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 10/15/2012 Prepared by: Chris Lopez, (909) 384-5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order with Three Single Year Renewal Options to Applied LNG Technologies for Liquefied Natural Gas to be Utilized by the Public Works Department Fleet Division. Financial Impact: Requested Budgeted Amount for FY 12/13: $2,567,000. Account No. 635-400-0100-5113 Account Description: Motor Fuel and Lubricants Please note that this balance is the requested amount for FY 12/13. The Fleet Division budget will be adjusted accordingly once the FY 12/13 budget is approved by Mayor and Common Council. Motion: Adopt the Resolution. CSynopsis of Previous Council Action: June 18,2012,per Resolution 2012-177,the Mayor and Common Council approved an extension of the terms and conditions of Purchase Order#212252 for a period of four months in FY 2012/13 so that staff could develop comprehensive bid specifications and begin the formal bid process for LNG fuel and maintenance of the LNG fueling stations. Background: On August 27, 2012, notices of Bid # RFQ F-13-08 (LNG Fuel and Inspection and Preventative Maintenance of Station) were sent to two vendors. Notice was also sent to the San Bernardino Area Chamber of Commerce, advertised on the City's web page, and in the San Bernardino County Sun Newspaper. No local vendors were contacted on this item as no local vendors provide this specialized service. Two bids were received; the proposed fuel and maintenance cost per vendor are listed below: Vendor Location Item Ouote/Gallon Applied LNG Technologies Westlake Village, CA Fuel $0.9554 Maintenance $500 Clean Energy Seal Beach, CA Fuel $0.994 Maintenance $1,200 Attached is the bid summary for RFQ F-13-08 (LNG Fuel and Inspection and Preventative Maintenance of Station). If this item is not approved, staff will be unable to purchase fuel for the Updated: 10/11/2012 by Georgeann"Gigi"Hanna 2040 City's fleet. City Attorney Review: Suaaortina Documents: reso 2040 (PDF) Ex. a to Reso-ALT VSA Agreement 2012 Rfq F-13-08 (PDF) Ex. 1A to VSA-LNG.A 9-19-12 (PDF) Ex. 1B to VSA-LNG.B 9-19-12 (PDF) Ex. 1C to VSA-LNG.0 9-19-12 (PDF) Bid Summary Sheet (PDF) CLEAN ENERGY.A 9-19-12 (PDF) CLEAN ENERGY.B 9-19-12(PDF) CLEAN ENERGY.0 9-19-12(PDF) F-13-08 (PDF) Vendor List (PDF) 2012-177(Reso Amending Prior VSA for LNG) (PDF) Updated: 10/11/2012 by Georgeann"Gigi"Hanna Packet Pg. 506 7.P.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE 4 YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES, INC., FOR LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS 5 DEPARTMENT FLEET DIVISION. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby 0 0. 9 authorized to execute on behalf of said City an Agreement between the City of San 0 10 Bernardino and Applied LNG Technologies, Inc., a copy of which is attached hereto, marked o 11 Exhibit"A" and incorporated herein b reference as full as thou w P Y y though set forth at length. F 12 13 SECTION 2. That Applied LNG Technologies, Inc. provides Liquefied Natural Gas v d 14 and was the lowest responsive bidder to RFQ F-13-08. Pursuant to this determination, the a a 15 Purchasing Manager is hereby authorized to issue an Annual Purchase Order, to Applied LNG Cli ° 16 Technologies, Inc., in an amount not to exceed $1,000,000 beginning in Fiscal Year ° v 17 ° 2012/2013. c 18 SECTION 3. The Purchase Order shall reference this Resolution Number and shall 19 20 read, "Applied LNG Technologies, Inc., for Liquefied Natural Gas, P.O. not to exceed 21 $1,000,000", and shall incorporate the terms and conditions of the Agreement. a 22 23 Ill 24 25 26 27 28 :'Packet Aet 507-. 7.P.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES, INC., FOR 3 LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS 4 DEPARTMENT FLEET DIVISION. 5 6 SECTION 4. The authorization to execute the above-referenced Agreement is 7 rescinded if it is not executed within ninety (90) days of the passage of this resolution. 8 O 9 /// a. N d 10 /// O O 11 12 z 13 d 14 c a 15 0 16 /// 0 17 a O 18 19 20 21 22 23 24 25 26 27 28 Packet Pg.508-_ 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER WITH THREE SINGLE YEAR RENEWAL OPTIONS TO APPLIED LNG TECHNOLOGIES FOR 3 LIQUEFIED NATURAL GAS TO BE UTILIZED BY THE PUBLIC WORKS 4 DEPARTMENT FLEET DIVISION. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and i 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of 2012, by the following vote, to wit: 8 _ Council Members: AYES NAYS ABSTAIN ABSENT O 9 ° MARQUEZ °- 10 0 11 JENKINS L v d 12 VALDIVIA ~ z z 13 SHORETT v d 14 KELLEY a Q 15 0 JOHNSON o 16 17 MCCAMMACK o N O 18 Georgeann Hanna, City Clerk 19 E 20 The foregoing resolution is hereby approved this day of 2012. 21 a 22 Patrick J. Morris, Mayor 23 Approved as to Form: City of San Bernardino 24 25 es F. Penman, City Attorney 26 27 28 PacketPg;509 7.P.b O1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 15th day of October 3 2012,by and between Applied LNG Technologies, Inc. ("VENDOR") and the City of San 4 Bernardino ("CITY"or"San Bernardino"). a 5 LD WITNESSETH: o 6 0 7 WHEREAS,the Mayor and Common Council has determined that it is advantageous 8 and in the best interest of the CITY to contract for Liquefied Natural Gas and z J 9 WHEREAS, the City of San Bernardino did solicit and accept quotes from available a 10 a vendors for Liquefied Natural Gas and VENDOR was the lowest qualified bidder. 0 v 1 NOW, THEREFORE,the parties hereto agree as follows: N 12 0 1. SCOPE OF SERVICES. M 13 LL 14 For the remuneration stipulated, San Bernardino hereby engages the services of z N 15 VENDOR to provide those products and services as set forth in this purchase agreement and r C 16 identified in VENDOR's response to the September 19, 2012 Request for Quotes ("RFQ") F- m 17 13-08, which response is attached hereto and incorporated herein as though fully set forth as a 18 a Exhibit IA, Exhibit 113, and Exhibit 1C. In the event there is a conflict between VENDOR'S F 19 a 20 response to the RFQ and this Agreement, this Vendor Services Agreement shall govern. N d 21 2. COMPENSATION AND EXPENSES. o Y R 22 a. For the services delineated above, the CITY, upon presentation of an invoice, shall w 23 pay the VENDOR up to the amount of$1,000,000.00 for Liquefied Natural Gas. E 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 25 a 26 27 28 Exhibit"A" 1 Pa�tPg,�5.10"` C1 3. TERM. 2 This Agreement will be effective on October 1, 2012 through June 30,2013 with three 3 (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective 4 July 1, 2013 through June 30, 2014. Option year two, if exercised, shall be effective July 1, a 5 d 2014 through June 30, 2015. Option year three, if exercised, shall be effective July 1, 2015 0 6 6 C 7 through June 30, 2016. Actual option year pricing shall be negotiated with VENDOR prior to 8 exercising any given option year. z z •o 9 This Agreement may be terminated at any time, for any reason, or no reason, by thirty d .a CL 10 a (30) days' written notice by either party. The terms of this Agreement shall remain in force 0 11 0 unless mutually amended. The duration of this Agreement may be extended with the written N 12 0 consent of both parties. M 13 LL 14 4. INDEMNITY. N 15 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 16 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from d 17 CITY's negligent acts or omissions arising from the CITY's performance of its obligations a 18 a under the Agreement. > 19 20 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and a v 21 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from .2 R 22 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its w 23 obligations under the Agreement. d E 24 In the event the CITY and/or the VENDOR is found to be comparatively at fault for a 25 26 any claim, action, loss, or damage which results from their respective obligations under the 27 28 Exhibit"A" 2 �Papket Pg.511"" pI Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 2 comparative fault. 3 5. INSURANCE. 4 0 While not restricting or limiting the forgoing, during the term of this Agreement, a W 5 ^' VENDOR shall maintain in effect policies of comprehensive public, general and automobile c 6 0 C liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory =„ U 7 8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk v w Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 'a a 10 a additional named insured in each policy of insurance provided hereunder. The Certificate of o 11 0 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 12 0 termination in the policy. M 13 LL 14 6. NON-DISCRIMINATION. N 15 In the performance of this Agreement and in the hiring and recruitment of employees, N a 16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, E 17 a discrimination in employment of persons because of their race, religion, color, national origin, 18 19 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender J a 20 or sexual orientation, or any other status protected by law, except as permitted pursuant to c N e 21 Section 12940 of the California Government Code. A 22 7. INDEPENDENT CONTRACTOR. w 23 VENDOR shall perform work tasks provided by this Agreement,but for all intents and E 24 purposes VENDOR shall be an independent contractor and not an agent or employee of the 25 a 26 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 27 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment `. 28 Exhibit "A" 3 Packet fig.512' i 7.P.b l 1 Compensation, and other payroll deductions for VENDOR and its officers, agents, and �•r 2 employees, and all business license, if any are required, in connection with the services to be 3 performed hereunder. 4 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER a 5 d REQUIREMENTS. c 6 0 7 VENDOR warrants that it possesses or shall obtain, and maintain a business 8 registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, z a 9 permits, qualifications, insurance and approval of whatever nature that are legally required of °- a c 10 a VENDOR to practice its business or profession. 0 11 9. NOTICES. N 12 a Any notices to be given pursuant to this Agreement shall be deposited with the United 13 LL 14 States Postal Service,postage prepaid and addressed as follows: N 15 TO THE CITY: Public Works Director ° N 300 North"D"Street c 16 San Bernardino, CA 92418 E 17 Telephone: (909) 384-5140 d rn a 18 TO THE VENDOR: Applied LNG Technologies, Inc. a w 31111 Agoura Road Suite 208 19 Westlake Village, CA. 91361 a 20 Telephone: (808)450-3650 0 Contact: Cem Hacioglu m 21 10. ATTORNEYS' FEES c A 22 In the event that litigation is brought by any party in connection with this Agreement, w 23 the prevailing party shall be entitled to recover from the opposing party all costs and E 24 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise a 25 26 of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions 27 or provisions hereof. The costs, salary and expenses of the City Attorney and members of his 28 Exhibit"A" 4 Packet Pg.513 O1 office in enforcing this Agreement on behalf of the CITY shall be considered "attorneys' 2 fees" for the purposes of this paragraph. 3 11. ASSIGNMENT. 4 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or � a 5 LD encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior c 6 0 7 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void d 8 and shall constitute a breach of this Agreement and cause for the termination of this z J 9 Agreement. Regardless of CITY's consent, no subletting or assignment shall release a CL 10 a VENDOR of VENDOR's obligation to perform all other obligations to be performed by o 11 VENDOR hereunder for the term of this Agreement. 12 o 12. VENUE. 13 LL The parties hereto agree that all actions or proceedings arising in connection with this 14 N 15 Agreement shall be tried and litigated either in the State courts located in the County of San N 16 Bernardino, State of California or the U.S. District Court for the Central District of California, 17 Riverside Division. The aforementioned choice of venue is intended by the parties to be the CM 18 It mandatory and not permissive in nature. > 19 a 20 13. GOVERNING LAW, c d rr 21 This Agreement shall be governed by the laws of the State of California. m 22 14. SUCCESSORS AND ASSIGNS. w 23 This Agreement shall be binding on and inure to the benefit of the parties to this E 24 Agreement and their respective heirs, representatives, successors, and assigns. a 25 26 27 28 Exhibit "A" 5 Pac' ce$Pg.514 1 15. HEADINGS. 2 The subject headings of the sections of this Agreement are included for the purposes 3 of convenience only and shall not affect the construction or the interpretation of any of its 4 provisions. a 5 d 16. ENTIRE AGREEMENT; MODIFICATION. c 6 g 7 This Agreement constitutes the entire agreement and the understanding between the d 8 parties, and supercedes any prior agreements and understandings relating to the subject z J n 9 manner of this Agreement. This Agreement may be modified or amended only by a written °- .a CL 10 instrument executed by all parties to this Agreement. .. 11 12 0 13 LL 14 W N 15 /� N 16 4) W 17 tM a 18 y 19 J a 20 d 21 O R 22 x W 23 d E 24 25 a 26 27 28 Exhibit "A" 6 Packet F.515 7 P:I►���. 1 VENDOR SERVICE AGREEMENT APPLIED LNG TECHNOLOGIES,INC. 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. a 5 " d Dated: 12012 VENDOR. 0 0 6 7 By' 8 Its: z 9 Dated 2012 CITY OF SAN BERNARDINO 2 CL 10 By: a 11 Andrea Travis-Miller, Acting City Manager a N 12 0 Approved as to Form: r> 13 LL z 14 W N 15 BY' 7G N J Penman, City Attorney 16 0 17 a 18 19 a 20 v 21 0 22 x w 23 E 24 25 a 26 27 28 Exhibit"A" 7 Pack'e€Pg. 516 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station SECTION I. as N d INSTRUCTIONS TO OFFEROR(S) o 0 c r u d F z z J L d .Q C a O V O N_ N Of 1 A a z z J a N O Y a P K W Y C d E L V yA Y a PacketPg. 517 r.7.P.c RFQ F-13-08 © LNG Fuel and Inspection and Preventative Maintenance of Station City of San Bernardino, Finance Department Purchasing Division RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Bid Documents to Be Returned 0 IL One (1) signed original of Quote in a SEALED ENVELOPE n a 0 0 [� One (1) copy of signed Quote in a SEALED ENVELOPE °c L j U Authorized Binding Signature(s) 0 [� Verifications of Addenda Received (City Form) 'v Forme a IV Forms ❑ Listing of Proposed Subcontractor, if applicable (City Form) a a ¢ Affidavit of Non-Collusion 0 v 120 Day Minimum Quote Validity Statement "'naamm�al Requirements. General speancauoasaa N t Q N Insurance Certificates Ell Copy of Contractor License or other appropriate licenses, permits, qualifications and < approvals that are legally required to provide services, and that such licenses and 6 approvals shall be maintained throughout the term of this Contract. II.Tech Specs a VI j General Specifications#35 ¢ N O Offeror(s)are requested to submit this checklist completed with all bid documents. This list may not be ¢ inclusive of all documents needed to submit your RFQ. Please refer to entire packet for additional documents. w Y C d E L U 0 a 3 Packet Pg. 518 RFQ F•13.08 LNG Fuel and Inspection and Preventative Maintenance of Station I. GENERAL INSTRUCTIONS TO OFFEROR(S) A. Notice From the issuance date of this Request for Quote until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Sanchez, Accounting Assistant, the designated representatives of the City of San 0 Bernardino. Contact with anyone not designated will result in elimination from the bid process. o 0 B. Pre-Quote Conference d r NIA c� Z J C. Examination of Quote Documents d .a 1. By submitting a quote, the Offeror(s) represents that it has thoroughly C examined and become familiar with the items required under this RFQ and o that it is capable of quality performance to achieve the City's objectives. N 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Offeror(s) for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a "No Quote" is considered a response. Z a D. Addenda > 0 Any City changes to the requirements will be made by written addendum to this a RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated w into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in d this RFQ as the result of oral instruction. E r All Addendums will be posted to our website at www.sbcitv.orp > Request for a Bids > City Services > City Finance. For automatic electronic notifications, please visit our website and sign-up for SB Connect. 4 Packet Pg.519 7.P.c O R-FQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station E. Submission of Quotes 1. Date and Time All Quotes are to be submitted to City of San Bernardino, Attention: Vanessa Sanchez. Quotes received after 3:00 PM PST, September 12, 2012, will be rejected by the City as non-responsive. 2. Address 0 Quotes shall be addressed as follows: a N d City of San Bernardino 0 300 North D Street 0 Finance Department— 4th Floor Attn: Vanessa Sanchez San Bernardino, CA 92418 Z J Quotes may be delivered in person to the Finance Department, 4th floor of d the above address. a a t 3. Identification of Quotes o N Offeror(s) shall submit a SEALED quote package consisting of: N (a) One (1) signed original of Quote a (b) One (1) copy of Quote c� Z J The quote package shall be addressed as shown above, bearing the y Offeror(s) name and address and clearly marked on the outside of the > envelop as follows: a RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station w 4. Acceptance of Quotes d E r a. The City reserves the right to accept or reject any and all Quotes, or any item or part thereof, or to waive any informalities or a irregularities in Quotes. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Offeror(s) responding to this RFQ. C. The City reserves the right to postpone quote opening for its own F convenience. 5 Packet Pg. 520 RFQ F-13-08 OLNG Fuel and Inspection and Preventative Maintenance of Station d. Faxed or emailed Quotes will not be accepted. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in: 1. preparing its quote in response to this RFQ; 2. submitting that quote to City; 0 a 3. negotiating with City any matter related to this quote; or d 0 0 4. any other expenses incurred by the Offeror(s) prior to date of award, if 6 any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses i incurred by Offeror(s) in the preparation of its quote. Offeror(s) shall not include -+ any such expenses as part of its quote. v S a G. Contract Award a 0 Issuance of this RFQ and receipt of Quotes does not commit the City to award a N t Purchase Order. The City reserves the right to postpone quote opening for its N own convenience, to accept or reject any or all Quotes received in response to 1 this RFQ, and to negotiate with other than the selected Offeror(s) should negotiations with the selected Offeror(s) be terminated. The City also reserves a the right to apportion the award among two or more OFFEROR(S). z J A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along with a pre-performance meeting, outlining additional terms and conditions relating > to performance, warranty, materials, goods, services, or other items as deemed necessary by the City, may be required prior to the commencement of the job. a x w H. Acceptance of Order d The successful Offeror(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for M Quotes, and the RFQ documents including all requirements, conditions and a specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 6 Packet Pg. 521 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station I. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. J. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local a bidder a one percent (1%) credit for goods and materials, where labor and/or d installation is incidental; and a five percent (5%) credit on contractual services, for o comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. U For the purposes of this section, "local bidders' shall be bidders for which the point z of sale of the goods, materials, or services shall be within the City limits of San Bernardino. d Q CL a 0 v 0 N N T W a Z Z J a N O a X W C d E L U m Q 7 Packet Pg. 522 7,P.0 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station SECTION II, a N d TECHNICAL SPECIFICATIONS c 0 c r u d 0 z J a v .Q 0. a 0 v 0 N_ N r C71 r W a b z J a 0 a x w c w E t v ea a a Packet Pg.523 Per RFQ F-13-08 © LNG Fuel and Inspection and Preventative Maintenance of Station City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. (LNG Fuel and Inspection and Preventative Maintenance of Station) O 0. NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" m UP 0 Services: o Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. t, Z J Equipment: d Bidder shall complete right-hand column indicating specific size and or make and a model of all components when not exactly as specified. State "As Specified" if a item is exactly as set forth in the left-hand column. o e 0 i t FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID N r CATEGORYI ACCEPTABLE AS SPECIFIED A Q U The City of San Bernardino, Public Works Department, Z Fleet Management Division is seeking proposals from uQi qualified vendors that can provide LNG fuel and periodic > inspection and preventative maintenance for its LNG fueling station. a X W 1. SCOPE Acceptable m The Fleet Management Division operates an LNG E fueling station for its CNG and LNG vehicles. The vendor will provide fuel as needed and provide periodic inspection and preventative maintenance services for its LNG fueling station. 2. REQUIREMENTS The vendor will be responsible for providing the following: 9 Packet?g75724 {w� RFQ F-13.08 ( LNG Fuel and Inspection and Preventative Maintenance of Station ITEM 1: Periodic Maintenance and Preventative Maintenance Acceptable 1. Vent lines: Check for leaks and damage on weekly basis 2. Flame Detectors: calibrate and test on quarterly basis. 3. Grounding Circuit: Verify continuity on annual basis 4. Air Desiccant: Replace if indicated on weekly basis 5. Air System: Snoop test for leaks on weekly basis 6. Air System: Check regulator set point on weekly p basis a a 7. Valves and Piping: Check for leaks and malfunctions on weekly basis G 8. Fill Hoses: Check for leaks, damage and wear on weekly basis 9. Dispensers: Check for leaks and malfunctions on F weekly basis z 10. Fueling nozzle seals: check on weekly basis a 11. Drain air tank and/or water separator on weekly basis °– 12. Fire extinguishers: Inspect on annual basis a 13. Air Regulator: Check set point pressure on weekly basis o 14. Air Conditioners: Clean filters and ,assure proper operation on weekly basis 15. Air Compressor: Check and maintain oil level on o> weekly basis ei> 16. Y Strainers: Clean and inspect on quarterly basis q 17. Process Lines: Snoop test valve stems, flanges, pump z can flanges, and threaded fittings for leaks on quarterly basis 18. Methane Detectors: Calibrate and test on quarterly O basis Q 19. Relief Valves: Verify proper set points on annual x basis w 20. VJ Piping Insulation: Check Integrity on annual basis 21. ESD System: Test on annual basis E 22. Storage Tank Vacuum: Measure and record on m annual basis 23. Control Hardware: Check operation and for leaks on 4 pressure gauges, liquid level gauges, transmitters— calibrate as necessary on annual basis 24. Pressure relief valves: recertify on 2-year basis 25. Replace pump seal at 1,000 hours 26. LNG centrifugal/submergible pump: check on weekly basis 27. Motor Amperage: Check on weekly basis 10 Packet Pg.525 7.P.c RFQ F-13.08 LNG Fuel and Inspection and Preventative Maintenance of Station ITEM 2ITEM 2: LNG Acceptable 1. LNG fuel per gallon. Firm Fixed price/gallon (not to (price will be based on be based on total number of gallons per month,year, gas index) etc.) 3. DELIVERY Acceptable 0 Delivery Location: 187 S. Pershing Ave., San Bernardino, CA 92408. °- 0 Due to the City budget process all prices must be Firm r and Fixed and not based on number of gallons delivered or purchased. 4. MANDATORY BID ITEMS z Acceptable J The contractor shall provide pricing for all bid items on -o the attached materials list. All materials are mandatory d bid. Bids containing incomplete mandatory bid item a pricing may be considered non-responsive. 0 v 0 The vendor will be charged for the reprinting of damaged N or lost bill stock information. N 5. CONTRACT LENGTH Acceptable C6 The length of this contract shall be for one (I) year with j a three(3)one-year extensions at the City's option. z J a N O a Signed Date x Technical Authority w Leon Schrader = d Interim Fleet Division Manager, Public Works Department L v a Signed Date Jim Smith, P.E. Interim Director, Public Works Department 11 Packet Pg. 226 RFQ F-13.08 LNG Fuel and Inspection and Preventative Maintenance of Station O a U) m 0 0 SECTION III. °c L V BID FORMS z z v d CL CL 0 v 0 N_ N r 01 r C6 6 z J Vl O M ¢ r X W V C d E r u m I� Packet Pg. 527 Z.P.c RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station 111. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be o brief and concise. Bids shall contain the following: a N d a. identification of Bidder(s), including name, address and telephone; o 0 c b. proposed working relationship between Bidder(s) and 0 subcontractors, if applicable; I— c9 Z C. acknowledgment of receipt of all RFQ addenda, if any; v d. name, title, address and telephone number of contact person a during period of Bid evaluation; a 0 v e. a statement to the effect that the Bid shall remain valid for a period Ok of not less than 120 days from the date of submittal; and N C6 f. signature of a person authorized to bind Bidder(s) to the terms of the Bid. a Z Bidder(s) may also propose enhancement or procedural or technical innovations to the Technical Specifications, which do not w materially deviate, from the objectives or required content of the 0 project. a x W 2. Exceptions/Deviations N State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. a Where Bidder(s) wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 13 Packet Pg. 528 RFQ F-13-08 oLNG Fuel and Inspection and Preventative Maintenance of Station 3. Appendices Information considered by Bidder(s) to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. BIDDER(S) is cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. 0 B. LICENSING AND CERTIFICATION REQUIREMENTS a N d By submitting a Bid, Bidder(s) warrants that any and all licenses and/or o certifications required by law, statute, code or ordinance in performing under the °c scope and specifications of this RFQ are currently held by Bidder(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Bidder(s)'s response. Bids lacking Z copies and/or proof of said licenses and/or certifications may be deemed v non-responsive and may be rejected. .Q CL C. COST AND PRICE FORMS a 0 a Bidder(s) shall complete the Price Form in its entirety including: 1) all items listed N and total price; 2) all additional costs associated with performance of N specifications or statement of work; and 3) Bidder(s)'s identification information d) including a binding signature. ;, a Bidder(s) shall state cash discounts offered. Unless discount payment terms are z offered, payment terms shall be "Net 30 Days'. Payment due dates, including -+ discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date c City's check is mailed. Any discounts taken will be taken on full amount of a invoice, unless other charges are itemized and discount thereon is disallowed. x W Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. E t v a i 14 Packef Pg.529 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Price Form Request for RFQ RFQ F-13-08 Description of RFQ LNG Fuel and Inspection and Maintenance of Station Business Name/Address Applied LNG Technologies, LLC 31111 Agoura Rd. Suite 208 Westlake Village, CA 91361 O a 41 Name—Authorized Cem Hacio lu Representative President & CEO c Telephone 818-450-3650 r_ E-mail info @applieding.com d Fax 818-450-3660 ~ t9 Z J 17 d All pricing shall be firm and fixed including sales taxes, shipping, freight,and any other a CL applicable charges. 0 Please provide detailed Firm Fixed Price cost information in the spaces provided below and any N other incidental or additional costs required to complete the Technical Specification N requirements. en o� NOTE: List prices on this sheet off. List unit prices for each unit of measure. Q U Z Item Description Quantity/Unit Firm Fixed J of Measure Unit Price w 1 Periodic Maintenance and As specified in c Preventative Maintenance Technical $500/month (*) a Specs x 2 LNG Fuel Per Gallon $0.9554 (*) Based on formula (*) W w Other a 1 Sales Tax < 7.75% E L 2 Freight Fee Per Gallon $0,16 (*) (*) See attached Pricing Quote page for details on calculation and pricing over time. C ANNUAL PURCHASE ORDER Effective on or about October 1, 2012 through June 30, 2013, plus three (3) single year renewal options,for the City's full or partial requirements on an as needed basis, with no guaranteed usage. July Option year one if exercised shall be effective Getebef 1, 2013 through June 30, 2014. 15 Packet Pg.530 *.�sMcn Y nS RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance or Station *Benar w IL IL August 27, 2012 m 0 0 0 SUBJECT: REQUEST FOR QUOTES (RFQ) F-13-08 = v d The City of San Bernardino (City) invites Quotes from qualified vendors for: ~ Z z LNG Fuel and Inspection and Preventative Maintenance of Station T Parties interested in obtaining a complete copy of this RFQ F-13-08 may do so by accessing the a City of San Bernardino Web Page at www.sbcity.org City Services > Request for Bids > City ¢ Finance, beginning August 27, 2012, or by faxing their request to (909) 384-5043, attention �o Vanessa Sanchez. Please include the following information in your request: name and address N of firm; name, telephone and facsimile number of contact person; specify RFQ F-13-08. N r Copies of the RFQ may also be obtained by calling Vanessa Sanchez (909) 384-5330, or in person at City Hall, 300 N. "D" St., 4th Floor, Finance Department, San Bernardino, CA 92418. en From the issuance date of this Request for Quote until a Vendor is selected and the selection is z announced, Proposers are not permitted to communicate with any City staff or officials J a regarding this procurement, other than during interviews, demonstrations, and/or site visits, > except at the direction of Vanessa Sanchez, Accounting Assistant, the designated g representative of the City of San Bernardino. Contact with anyone not designated will result in a elimination from the bid process. w Closing Date: Quotes must be submitted at or before 3:00 PM, PST, September 12, 2012 at m the address listed above. E r v Issuance of this RFQ and/or receipt of Quotes does not commit the City to award a contract. Sincerely, Jason Simpson Director of Finance I Packet Pg.531 ALT ,�VPll Ell WG'PUINOIDGMS City of San Bernardino RFQ F-13-08 Pricing quote 1. Maintenance 1a. Preventative maintenance 10/1/12- 7/1/13- 7/1/14- 7/1/15- 6/30/13 6/30/14 6/30/15 6/30/16 0. Monthly charge 1 $500 $515 1 $530 $545 a m This service covers one monthly visit to the station and going through the inspection list, as well as .2 0 90 day calibration of methane sensors and a yearly change of oil and CNG pump drive ends. L u m 1b. Unscheduled call-outs and emergency repairs z z Rates in dollars per hour d 10/1/12- 7/1/13- 7/1/14- 7/1/15- CL 6/30/13 6/30/14 6/30/15 6/30116 Regular hours $80 $83 $85 $87 c Overtime hours $120 $124 $127 $131 Weekends $120 $124 $127 $131 Holidays $160 $166 $170 $174 o� Regular hours: normal days from 7 am to 5 pm z Overtime hours: normal days from 5 pm to 7 am —' a lc. Parts mark-up percentage 0 a 15%for the duration of the contract. x w 2. LNG Fuel E r The LNG fuel price will be adjusted monthly using the Southern California Company index, as found in the Platts Inside FERC's monthly Gas Market Report. The price will be calculated by the following formula: SoCal/12.1 x 1.2 + Margin +Transportation + Taxes Where: 31111 Agoura Road,Suite 208 • Westlake Village, CA 91361 •(818)450-3650 ,F? cket Pg.532 < 7.Re AwuFm LNG TeceNowo rs SoCal: Southern California Gas Company index (in $ per MMBtu) as published by Platts in their Inside FERC's monthly Gas Market Report. The value of this index in September 2012 was $2.79 per MMBtu. 1.2 : coefficient that captures the natural gas used in the turbine at the liquefaction plant. 12.1: factor used to convert the price of natural gas from $ per MMBtu to $ per LNG gallon. Margin and Transportation: these two values will vary in each year of the contract, in the following way: 0 a In dollars per LNG gallon 10/1/12 - 7/1/13- 7/1/14- 7/1/15- o 6/30/13 6/30/14 6/30/15 6/30/16 Margin 0.45 0.46 0.47 0.48 r Transportation 0.16 0.17 0.17 0.18 Z z Taxes: any taxes applicable to the transaction as dictated by the California Board of Equalization. Current sales tax rate for the City of San Bernardino is 7.75%. a a a As an example, using the September 2012 SoCal index and the margin and transportation for the o first period, total price is calculated as follows: N N ($2.79/12.1 x 1.2 + $0.45 + $0.161 x 1.0775 = $0.9554 per LNG gallon d6 a Z Z J a 0 Q X W C d E L U W a 31111 Agoura Road,Suite 208 •Westlake Village,CA 91361 • (818)450-3650 Packet Fg:'533..- Wif t RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Option year two, if exercised shall be effective July 1, 2014 through June 30, 2015 Option year three, if exercised shall be effective July 1, 2015 through June 30, 2016. Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specification? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: 0 a N d 0) Please indicate any elements of the Technical Specifications that cannot be met by your firm. 0 C t None. F z z J Have you included in your Bid all informational items and forms as requested? .Q a Yes / No. (circle one). If you answered "No", please explain: ¢ 0 v 0 N A N 1 C6 This offer shall remain firm for 120 days from RFQ close date, rn Terms and conditions as set forth in this RFQ apply to this Bid. z J Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty y (30) days. 0 Y In signing this Bid, Bidder(s)warrants that all certifications and documents requested herin are a attached and properly completed and signed. w c From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate d E all Addenda to this RFQ received by your firm, and the date said Addenda was/were,received. Verification of Addenda Received ¢ Addenda No: 1 Received on: September 6, 2012 Addenda No: 2 Received on: September 11, 2012 Addenda No: Received on: 16 `Packet Pg. 534 T c P -. RFQ F-13.08 LNG Fuel and Inspection and Preve rte ive Maintenance of Station D AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Cem Hacio lu President & CEO Applied LNG Technologies, LLC DATE SIGNED: September 12, 2012 O IL COMPANY NAME AND ADDRESS: Applied LNG Technologies, LLC d 0) 31111 Agoura Rd. Suite 208 0 c s Westlake Village, CA 91361 F C7 PHONE: 818-450-3650 FAX: 818-450-3660 Z J EMAIL: info®applieding.com T M CL 0 v 0 IF SUBMITTING A"NO BID", PLEASE STATE REASON (S) BELOW: N N r T W z Z J a 0 X W C d E r v m Please indicate any elements of the Quote Specifications that cannot be met by your a firm. None Have you included in your quote all informational items and forms as requested? es / No . (circle one). If you answered "No", please explain: 17 PacketPg,535 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this quote. Cash discount allowable - % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this quote, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. 0 a From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda o was/were received. t v Verification of Addenda Received c� Addenda No: 1 Received on: September 6, 2012 z Addenda No: 2 Received on: September 11, 2012 d Addenda No: Received on: o. a a FIRM NAME: Applied LNG Technoloplies, LLC AUTHORIZED SIGNATURE: A,O.IJ.I N PRINT SIGNER'S NAME AND TITLE: Cem Hacio lu P ident & CEO °f o a DATE SIGNED: September 12, 2012 i a IF SUBMITTING A "NO QUOTE", PLEASE STATE REASON (S) BELOW: > 0 a X W G at E r U R a As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if 18 Packet Pg-536 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE N/A p a N d 0 O O C t V d H 0 z J N CL a Cem Hacioglu a 0 Print Name Signature of Bidder o N_ N r Company Name: Applied LNG Technologies, LLC o� Address: 31111 Agoura Rd. Suite 208, Westlake Village, CA 91361 Q z z J a REJECTION OF BIDS > 0 The undersigned agrees that the City of San Bernardino reserves the right to reject any a or all bids, and reserves the right to waive informalities in a bid or bids not affected by x law, if to do seems to best serve the public interest. C d E L V m Q 7 19 Packet Pg. 537' RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in o connection with RFQ F-13-08. a N W M O O C Business Name Applied LNG Technologies, LLC F Business Address 31111 Agoura Rd.�1Suite 208, Westlake Village, CA 91361 Z Signature of bidder X " °' .Q CL Westlake Village, CA Place of Residence N N Of Subscribed and sworn before me this day of 20_ a Notary Public in and for the County of State of California. z J My commission expires: 20_ O Y a t hiCU� C;A!IF. W c A. (A%?icily} t t u a 20 Packet Pg.538 7.P.c State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 12th day of September 2012 , by Cem Hacioalu---------- proved to me on the basis of satisfactory evidence to be the person() who appeared before me. o' QcJOHN P.TATA a COMM. #1823738NOTARY PUBLIC-CALIFORNIA OI LOS ANGELES COUNTY O My Comm.Expires Nov 21.2012 j p J C (Seal) S mature �` v z J L 0) Q CL Q O V O N_ N O C6 Q z Z J Q In O Q X W C 0) >_ t U Q PacketPg. 539 RFQ F-13.08 © LNG Fuel and Inspection and Preventative Maintenance of Station SECTION IV. GENERAL SPECIFICATIONS 0 CL N N cm O O C L U QI N z Z J d .a CL Q O O O .N... N r CA CA Q b Z J Q y O Q r X W E L U Q ?I Packet Pg. 540 O RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station IV. GENERAL SPECIFICATIONS 1. Each quote shall be in accordance with Request for Quote (RFQ) Number RFQ F- 13-08. All specifications are minimum. Offeror(s) are expected to meet or exceed these specifications as written. Offeror(s) shall attach to their quote a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional Quotes, or those that take exception to the RFQ specifications and requirements, may be considered non- responsive and may be rejected. o 2. The City reserves the right to accept or reject any and all Quotes and to award a a contract to the Offeror(s) whom best meets the City's requirements. This may v include waiver of minor irregularities or discrepancies, or nonconformity to 0 specifications in appropriate circumstances. Purchase shall be on a best buy basis 0 after due consideration of all relevant factors, including but not limited to, workmanship, accessibility of parts and service, known evidence of manufacturer's responsibility and record, durability and known operational record of product and z suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. d s. The City of San Bernardino reserves the right to purchase more or less than the a quantities specified at unit prices quote. a a. Quotes shall be firm offers, subject to acceptance or rejection within 120 days minimum of the opening thereof. 5. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable N manufacturer or dealer of such items as submitted for quote consideration. 6. All materials, workmanship and finish entering into the construction of the equipment ch must be of the best of these respective kinds and must conform to the character of a the equipment and the service for which it is intended to be used and shall be 0 Z produced by use of the current manufacturing processes. "Seconds", factory rejects, _J and substandard goods are not acceptable. 7. Each Offeror(s) shall submit with their quote a copy of the proposed product c specifications, complete detailed drawings, and other descriptive matter in sufficient a detail to clearly describe the equipment, materials and parts offered. a. Manufacturer and/or Contractor shall defend any and all suits and assume all liability w for any and all claims made against the City of San Bernardino or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. s. Each Offeror(s) must state in their quote the guaranteed delivery date of product r and/or services in number of calendar days from the date of contract execution by a the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. lo. Each Offeror(s) shall list in their quote all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the quote. i 22 Packet Pg.541 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station ii. Successful Offeror(s) (Contractor) shall furnish and deliver to the City complete equipment as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. `12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Quote shall include California sales tax, where applicable, (effective July 1, 2011) computed at the rate of-8%,this will normally be shown as a separate line item on the price form. 7.75% 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the o Contractor's priced invoice. a 14. All "standard equipment" is included in any quote. OFFEROR(S) furnishing Quotes d under these specifications shall supply all items advertised as "standard" equipment c even if such items are not stipulated in the specifications, unless otherwise clearly 0 excepted in the quote. is. The items which the Offeror(s) proposes to furnish the City must comply in all 4) respects with the appropriate safety regulations of all regulatory commissions of the z Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. d 16. Contractor delivering equipment pursuant to these RFQ specifications shall a guarantee that equipment meets specifications as set forth herein. If it is found that a equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. N 17. By submitting a quote, each Offeror(s) agrees that in the event complete delivery is N not made within the time or times set forth pursuant to this specification, damage will ) be sustained by the City, and that it is, and will be impractical and extremely difficult 1 to, ascertain the actual damage which the City will sustain in the event of and by a reason of such delay. 0 13. In case the delivery of the items under this contract is delayed due to strikes, injunctions, government controls, or by reason of any cause or circumstance beyond w the control of the Contractor, the time for delivery may be extended (in the City's sole discretion) by a number of days to be determined in each instance by mutual a written agreement between the Contractor and the Purchasing Division of the City of San Bernardino. The City shall not unreasonably refuse such extension. w 19. Contract. Each quote shall be submitted and received with the understanding that acceptance by the City of San Bernardino of quote in response to this solicitation E shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed and in complete accordance with all provisions of RFQ F-13-08. In most cases the basis of award will be the a City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than 23 Packet Pg. 542 .;IPG RFQ F-17-08 LNG Fuel and Inspection and Preventative Maintenance of Station the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the Request for Quote, RFQ F-13-08, the Contractor's quote, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase o order, and all written modifications of said documents shall be construed together as a. one document. Anything called for in any one of said documents shall be deemed to v be required equally as if called for in all. Anything necessary to complete the work o properly shall be performed by the contractor, whether specifically set out in the c contract or not. All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. z 22. The City of San Bernardino reserves the right to accept or reject any and all Quotes. -J 23. Prompt payment. Each Offeror(s) may stipulate in their quote a percentage prompt v payment discount to be taken by the City in the event the City makes payment to the a Contractor within ten (10) working days of receipt of material and approval of a invoice. For the purpose of this provision, payment is deemed to be made on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during quote evaluation in the case of ties. N 24, Inquiries. Technical questions may be sent via fax to 909-384-5043, or email: c, sanchez_va @sbcity.org. The answers to material questions will be provided in writing by Addendum(s) to all potential Offeror(s) by a posting to the City's website. a 25. Quote/Fee Schedules. No quote will be acceptable unless fees/prices are submitted 6 on the pricing forms furnished by the contractor heFeir}, and all required forms are Z J completed and included with quote. Deliver all Quotes, SIGNED and SEALED, to the Finance Department at 300 North "D" Street, 4th Floor, City Hall, San Bernardino, o California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE: LNG Fuel a and Inspection and Preventative Maintenance of Station RFQ F-13-08 ON THE OUTSIDE OF THE ENVELOPE, w 26. Time. All Quotes must be received in the Purchasing Division no later than 3:00 PM, PST, September 12, 2012, where at such time and said place Quotes will be E publicly opened, examined and declared. Any quote may be withdrawn by Offeror(s) prior to the above scheduled time for the opening of Quotes. Any quote received y after that time and date specified shall NOT be considered. a 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 2a. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment Quotes. 24 Packet Pg.543 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station 29. In submitting a quote to a public purchasing body, the Offeror(s) offers and agrees that if the quote is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Offeror(s) for sale to the purchasing body pursuant to the quote. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Offeror(s). 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents a harmless from any claim, demand, liability, suit,judgment or expense (including, "m without limitation, reasonable costs of defense) arising out of or related to 0 Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and CD expenses of the City Attorney and members of his office in enforcing this Agreement z on behalf of the City shall be considered as "attorney's fees" for the purposes of this J a paragraph. d 31. While not restricting or limiting the foregoing, during the term of this Agreement, a Contractor shall maintain in effect policies of comprehensive public, general, and a automobile liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement. The N policies shall name the City as an additional insured and shall provide for ten (10) day notification to the City if said policies are terminated or materially altered. 32. PoAIT!IFd 6 Z J Q y 64all Y #�eae�-fetlf�gitr•8est�s+ices#-reeent-+nsurar+ee-g+�fde-of"-,4'of-better-. a 33. Written contract documents, duly authorized and signed by the appropriate authority, w constitute the complete and entire agreement(s) that may result from the RFQ. 34. the City may, at its discretion, exercise option year renewals for up to two{21 years, in one-year increments. three (3) M 35. By submitting a quote, Offeror(s) warrants that any and all licenses and/or M certifications required by law, statute, code or ordinance in performing under the a scope and specifications of this RFQ are currently held by Offeror(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Offeror(s)'s response. Quotes lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 25 Packet Pg. 544 7.P.c RFQ F-13.08 LNG Fuel and Inspection and Preventative Maintenance of Station 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 0 a N d 0 O O C L U d H z Z J V v a CL 0 v 0 N N C1 c1 z Z J O r K W C d E L U 26 Packet Pg. 545 7.P.d • � San Bernardi no a sM N d September 6, 2012 0 0 c Z U d F C ADDENDUM #1 Z J TO v Request for Quotation (RFQ) F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station CL 0 v 0 N Answers to Vendor Questions will be posted to our website on Monday, September 10, 2012. N N r C6 1 W m Sincerely, �j Vanessa Sanchez z J Accounting Assistant a rn 0 Co K w c m E L U Q I Packet Pg. 546 r San nernarfino _ su a. a September 11, 2012 0 0 0 ADDENDUM #2 s TO F Request for Quotation (RFQ) F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station z J L Notice is hereby given that the following changes, additions, deletions, or clarifications are c incorporated as an Addendum to the Request for Quotation (RFQ) F-13-08 a The closing date of RFQ F-13-08 LNG has been postponed from Wednesday N September 12, 2012 to Thursday September 13, 2012 at 4:00 PM, PST at 300 N. D Street, San Bernardino CA 92418 4th Floor Finance Department. 1 . With a short timeline, will the City provide an extension to the due date and question period? m We are on a limited timeline as well and must keep to our schedule. z J 2. What is the City's average fuel usage per month over the past 12 months? y See answer number 3 and multiply by 52. c M m 3. What is the average number of LNG loads the City receives each week and what is the x average amount of gallons delivered per load? w 2 % loads per week, 10,000 gallons per load. r v 4. What is the City's currently delivery window for accepting LNG loads? °. 0600— 2000 hours Monday thru Friday. a 5. Please explain the process for ordering LNG. There is an automated sensor alarm that notifies supplier at reorder levels, then a phone call to confirm. 6. Please explain the invoicing procedures? Order placed, delivery made, invoice for amount delivered. Packet Pg. 547 7. What type of maintenance is being done on the station and what is the frequency of the maintenance intervals? Monthly preventative maintenance inspections and repairs on an as needed basis. 8. How is the current maintenance pricing structure? Price is based on a per month charge for preventative maintenance and a fixed hourly rate for repairs plus parts at wholesale pricing plus $100 fixed per occurrence. 9. Please provide the past six month of maintenance records so that we can understand the maintenance requirements at the City's station. _ Replace belts and Fuel CNG pumps. ° CL N d 10. How many NGV's does the City operate and are there plans to add more NGV's to the o station? If so, what type of vehicles will they be and when will they arrive? 0 Approximately 85 with no current plans to add. d 11. Is the station used by non-city fleets? If so, what percentage of total monthly volume is z J attributed to non-city fleets? o Yes, our station offers 24 hour public access to CNG only at this time; approximately 74% make D CL up outside sales. a 0 v 12. Will the City explain why there is a gap in the Annual Purchase Order term between the N initial term (October 1, 2012 — June 30, 2013) and the first option term (October 1, 2013 — June N 30, 2014)? The gap is between July 1, 2013 and October 1 , 2013 (RFP, Page 15). o We extended our contract by four months for the bid process; the new contract will start on C6 October 1st, 2012. All renewals should start with the fiscal year of July 1 thru June 30. CP z J 13. On page 15 of the RFQ, it states that there are "three (3) single year renewal options'. On N page 25, #34 states that the City can "exercise option year renewals for up to two (2) years, in > 0 one-year increments." Please clarify? m Error, it should read three (3)year renewal option. X W 14. Section IV General Specifications, #31 - We are unable to carry public liability insurance as d we are not a public agency. Will the City delete this requirement? r By submitting a quote, Offeror(s) warrants that any and all licenses andlor certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ a are currently held by Offeror(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Offeror(s)'s response. Quotes lacking conles and/or nroof of said licenses andlor certifications may be deemed non- responsive and may be relected. 15. Section IV General Specifications, #31 — We cannot provide notice of material alteration of our insurance policies. Will the City delete this requirement? O No O16. The RFQ document states that the City would like the LNG fuel cost as a fixed price. Would the City accept a set price per gallon for the liquefaction and delivery cost components, while the natural gas commodity varies based on a monthly index? Provide the index pricing information please. 17. Would the City accept a set price per gallon for the periodic and preventative maintenance? No 18. We request that language be added to the resulting agreement which states that Contractor will not be financially or legally liable or responsible for any pre-existing and/or migratory conditions related to the premises. o No changes will be made to the agreement. a N d 19. Would the City add language to the resulting agreement which states that Contractor's fees o 0 shall be increased annually on January/July 1 by the change in the Consumer Price Index All r Items for All Urban Customers for the applicable region from the start date of the contract for the first adjustment, or the date of the last adjustment for each subsequent adjustment, through the z date of the current adjustment. _J v No changes will be made to the agreement. °- a 20. Contractor is aware that the City recently declared bankruptcy. What protections have been a 0 put in place by the City to assure Contractors that upon award, and for the term of any resulting o agreement, Contractor will be paid for all product and/or services provided? All contracts awarded after August 1, 2012 are not subject to the bankruptcy filing. o 21. Is the City current on post-petition payments for fuel and preventative maintenance with its m current supplier? If not, how past due is the City? z Yes a 22. Will the City add language to the resulting agreement which states that the City shall supply a deposit to the Contractor prior to the Contractor providing any services and/or products to the m City? This deposit shall be equal to $250,000 and shall be in place for the term of the agreement w and in the event Contractor must draw money from such deposit based on the City's failure to make payments when due, the City shall immediately reimburse Contract for the amount E withdrawn from such deposit so that during the term of the agreement the deposit amount held by Contractor shall always be equal to $250,000? a No changes will be made to agreement. 23. Will the City add language to the resulting agreement which states that Contractor may terminate the agreement upon written notice to City in the event City fails to pay more than two (2) of Contractor's invoices, cumulatively, when due? No changes will be made to agreement. O I I Packet Pg. 549 C24. Will the City add language to the resulting agreement which states that the option years may not be exercised unless each party agrees to each option year in advance? No changes will be made to agreement. 25. Would the City modify Paragraph 8 of Section IV to read as follows: "Contractor shall indemnify and hold harmless the City and its officials from any liability and/or claims which arise based on the infringement of a third party's intellectual property right when such claim and/or liability arises based directly on a product or service provided by Contractor under the agreement. Notwithstanding the foregoing and anything to the contrary in this agreement, the Contractor shall not be obligated to indemnify and hold harmless the City and its officials from any liability and/or claims which arise based on the infringement of a third party's intellectual a property right when such claim and/or liability arises based on : (i) products and/or services which were modified by a party or individual other than Contractor, its employees, agents, or o subcontractors ; (ii) products and/or services which were modified by Contractor based on the 0 City's request; or (iii) products and/or services which were specifically requested by the City." (Section IV, Paragraph 8) No changes will be made to agreement z z J 26. We request that language be added to the contract/agreement which states that there shall d be no binding commitment to provide products and/or services to the City until a formal Q contract/agreement is negotiated and fully executed by each party (Section IV, Paragraph 19 & a Paragraph 21 & Paragraph 33). We cannot agree that just by its submission of a response to 0 V this RFQ a contract is created upon the City's acceptance of Contractor's response. �•/ No changes will be made to agreement. 27. We request the City modifies the first sentence of Paragraph 30 of Section IV to state as m follows: "Contractor shall indemnify, defend and hold City, its officers, employees and agents z harmless from any claim, demand, liability, suit, judgment or expense (including, without J limitation, reasonable attorney's fees) which arise solely based on: (i) an act or omission of U) Contractor, its employees, or contractors; or (ii) Contractor's material breach of the agreement." o No changes will be made to agreement. m X W 28. Will the City provide a copy of the complete specifications and purchase order including any purchase order terms and conditions for review. (Section IV, Paragraph 21) E Copies can be picked up or printed from the City of San Bernardino website www.sbcitv.org 29. Will the City agree to delete the following sentence in Paragraph 21 of Section IV: "Anything a necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not." All work which the City wants the Contractor to perform shall be clearly indicated in the specifications. No changes will be made to agreement. 30. Will the City provide the Contractor with copies of all of the agreements/terms and conditions which will apply to the Contractor upon award for review? Yes Packet Pg. 550 O31. Will the City add language to the resulting agreement which states that risk of loss passes to City upon Contractor's delivery of the product and/or service? No changes will be made to agreement. 32. Will the City add language to the resulting agreement which states that the City must either reject or accept the delivered products and/or services within five (5) calendar days of delivery or performance and if City does not accept or reject such products and/or services within such and/or products the accepted five (5) calendar day period, City will be deemed to have acce p p l.. services? °a No changes will be made to agreement. 0 0 33. Will the City further explain what it means when it refers to "standard equipment" in s Paragraph 14 of Section IV? Equipment does not have to be Brand Name. ~ z z J N 34. Will the City clearly indicate its intent in Paragraph 17 of Section IV? a "Section IV#17. By submitting a quote, each Offeror(s) agrees that in the event complete a delivery is not made within the time or times set forth pursuant to this specification, damage will © be sustained by the City, and that it is, and will be impractical and extremely difficult to, N ascertain the actual damage which the City will sustain in the event of and by reason of such N delay." 35. Will the City modify Paragraph 18 of Section IV to state that: "In case the delivery of m products and/or services under this contract is delayed due to strikes, injunctions, governmental z controls, or by reason of any cause or circumstances beyond the control of the Contractor, the J time for delivery shall be extended by the number of days the Contractor is delayed." No changes will be made to agreement. 0 No changes will be made to agreement. m 36. Will the City modify the reference to "two (2) years" in Paragraph 34 of Section IV to "three w (3) years"? r 0 Yes E U U A 37. Will the City agree to add language to the resulting agreement which states that Contractor c will be provided with an extension in the required delivery date if it is delayed due to the acts or omissions of City? No changes will be made to agreement. 38. Will the City agree to make the indemnity obligations under Paragraph 30 of Section IV mutual? CNo changes will be made to agreement. PacketPg. 551 © 39. Will the City agree to include the following language to any resulting agreement: "Either party may terminate this agreement for breach if the other party materially breaches any provision of this agreement provided: (i) the non-breaching party provides the breaching party with written notice of such breach and a thirty (30) day period within which to cure such breach ("Cure Period"); and (ii) the breaching party fails to cure each such breach within the Cure Period provided, however, that where it is not commercially reasonable to fully effect a cure to the other party within the thirty (30) day period set forth above, the party in breach shall not be deemed to be in default of the agreement and subject to termination for cause where it commences implementation of the cure within such thirty (30) day period and thereafter proceeds diligently to cure the breach to the reasonable satisfaction of the non-breaching party" °a^ 40. Will the City add language to the resulting agreement which states that: "Neither party shall d have any liability to the other party for special, consequential, or incidental damages, except o however in connection with a claim made against either party by a third party, provided that such claim arises out of or results from the negligence or willful misconduct or any other claim within the scope of the indemnity obligation of the City or Contractor, as applicable, under this 0 agreement." z No changes will be made to agreement. d .Q CL 40.Page 11 shows placeholder signatures for Leon Schrader and Jim Smith. Are they supposed to sign or should we sign or leave blank instead? Leon Schrader and Jim Smith sign. N N r 41. Page 14, Licensing and Certification Requirements: "Copies or legitimate proof of such C6 licensure and/or certification [i.e. any and all licenses and/or certifications required by law, m statute, code or ordinance in performing under the scope and specifications of this RFQ] shall 0 be included in Bidder(s)'s response." Which certificates are you specifically looking for? Being the current providers of LNG to the City, do we need to provide those certificates? ua, Answer the question and supply what pertains. E m 42. Page 15, Pricing table, Maintenance price: normally we would quote a monthly fee for w preventative maintenance activities plus an hourly rate for call-outs. The table has no room for that. Should we clarify on a separate page? Yes. Note before the table says"List prices on this sheet only". Write "see Attached" 43. Page 15, Pricing table, LNG Fuel price: our price is not fixed per gallon, but rather based on a an index. Should we clarify on a separate page? Note before the table says "List prices on this sheet onl '. Yes, write "see Attached" 44.Page 15, Pricing table, Sales Tax: should we express it as a % (8%) or in dollars per gallon using current index price as an example? Whatever you prefer is fine Packet Pg.552 45.Page 15, last sentence, Option year 1: says "if exercised shall be effective October 1, 2013..." but the first term ends June 30, 2013 so it looks like the first Option should begin July 1 , 2013. Can you clarify? The new contract will start on October 15t, 2012 and end on June 3&, 2013 with 3 renewable options starting: (Year 1) July 1, 2013 - June 30th, 2014 (Year 2) July 1, 2014 - June 30`h, 2015 (Year 3) July 1, 2015 - June 30, 2016 46.Page 19, contractor table: we move or product through a third party transportation carrier. Is 0 that carrier considered a subcontractor that we should include in this table? No, they work for you delivering your product. 0 0 47.Page 20, Non-Collusion Affidavit 'Place of Residence': there is a field for 'Place of Residence'. Is that the same as the business address, or the location of the Notary Public if F m notarized? Z J City of Business d a CL 48.Page 20, Non-Collusion Affidavit notarization: does this form need to be notarized? a Yes. ° a N N N r T r Of m Z Z J a 0 m x w c d E L U A w a 7P.e a US.Department Western Service Center of Transportation. 12600 W. Colfax Ave., Suite B-300 Lakewood,CO 80215 Federal Motor Carrier Safety Administration Phone: (303) 407-2350 Fax: (303)407-2339 May 16, 2012 RAY WATKINS, DIRECTOR OF TRANSPORTATION USDOT: 2113510 0 APPLIED LNG TECHNOLOGIES LLC a 13600 HITT RD STE F VIA FACSIMILE: 909-694-2206 d APPLE VALLEY,CA 92308 c 0 RE: Request for Change in Safety Rating under 49 CFR § 385.17 d Dear RAY WATKINS: ~ Z Z A compliance review conducted at APPLIED LNG TECHNOLOGIES LLC on February 29, 2012,resulted in a proposed safety fitness rating of"CONDITIONAL". On March 15, 2012 and w April 11,2011,APPLIED LNG TECHNOLOGIES LLC submitted a request to upgrade its c safety rating based on corrective action that it has taken to come into compliance with the a Federal Motor Carrier Safety Regulations (FMCSRs) and/or Hazardous Materials Regulations (HMRs). N After reviewing the request and the evidence submitted,the Federal Motor Carrier Safety Administration(FMCSA)is granting your request. Effective immediately,APPLIED LNG o, TECHNOLOGIES LLC's safety rating is hereby upgraded to"SATISFACTORY". U Please continue your efforts to remain in compliance with the FMCSRs and/or HMRs. Should you have any compliance questions,please feel free to contact FMCSA's California Division Z Office. A representative of Terry D. Wolfs staff may be contacted by telephone at(916)930- a 2760 or by fax at(916)930-2778. > 0 Sincerely, J G' x W C William R, Paden Field Administrator a t cc: Terry D. Wolf,Division Administrator Please submit new MCS-150B form Packet Pg,554' 7.P.e U.S.Department of Transportation 1200 New Jersey Ave.,S.E. Federal Motor Carrier Safety Administration Washington,DC 20590 SERVICE DATE May 17,2012 LICENSE p MC-781223•B o N U.S. DOT No.2113510 N M APPLIED LNG TECHNOLOGIES, LLC _° WESTLAKE VILLAGE,CA c s U This License is evidence of the applicant's authority to engage in operations, in interstate or foreign commerce, as a H broker,arranging for transportation of freight(except household goods)by motor vehicle. z J This authority will be effective as long as the broker maintains Insurance coverage for the protection of the public (49 CFR 387)and the designation of agents upon whom process may be served (49 CFR 366).The applicant shall also render reasonably continuous and adequate service to the public. Failure to maintain compliance will constitute a sufficient grounds for revocation of this authority. Q o v rl Ire.: v Jeffrey L. Secrist, Chief a, Information Technology Operations Division U 6 BPO J Q N 0 U X W C d 1= t U R Q Packet Pg. 555 i STATE OF CALIFORNIA BUSINESS,TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF MOTOR VEHICLES MOTOR CARRIER SERVICES BRANCH MS G875 P.O.BOX 932370 Sacramento,CA.94232.3700 (915)657-6153 05/16/2011 APPLIED LNG TECHNOLOGIES LLC 13600 HITT ROAD SUITE F APPLE VALLEY, CA 92308 0 CL U) m 0 0 0 c d ARM z NON-EXPIRING APuO/ic Service Agency MOTOR CARRIER PERMIT Combined Carrier Valid Valid c DEPARTMENT OF MOTOR VEHICLES From: 05/16/2011 Throu h: Non-Expiring Q Motor Carrier Services Branch -- P.O.BOX 932370 Sacramento,CA.94232-3700 CA#: 0412518 0 The carrier named on this permit is subject to cm ' the Unified Carrier Registration Act(UCRA) of 2005,and is granted a non-expiring permit o1 APPLIED LNG TECHNOLOGIES LLC of the following classification: o, 13600 HITT ROAD SUITE F APPLE VALLEY,CA 92308 z Private a Limited Liability Company > 0 M U_ >i Pmt Date; 05/11/2011 OfficeM 154 Not Valid for Intrastate Only Operations w Account#: 605164 Tech ID: TO m Sequence#: 0021 Amt Paid: 520.00 E v !!!IMPORTANT REMINDERS!!! �? Q I. This non-exprr!ng Motor Carrier Permit(MCP)will remain valid as long as you continue to conduct interstate operations.The Unified Carrier Registration Act(UCRA)of 2005 exempts combined carriers(carriers who operate both intra and interstate)from MCP requirements, 2. Federal Motor Cartier Safety Administration insurance requirements must be maintained. 3. If you commence intrastate only operations,you must renew your MCP. California Relay Telephone Service for the deaf or hearing impaired from TDD Phones: 1-800-735-2929;from Voice Phones: 1-800-735-2922 OMV 2200 MCP(NEW 1020071 A Public Service Agency Pace g 556,,. 7.P.e 0, CALIFORNIA ST ATE BOARD OF EQUALIZATION r ` INTERNATIONAL FUEL TAXAGREEMENT (IFTA) LICENSE Registration Year 2012 Expiration Date 12/31/2012 lFTAACCOUNTNUMBER CA752602655 TMs license is valduntB the expnUon date above BOEAccouNTNw8ER IF MT 59073714 urdesscanceledorrevokedberore thafdate. Acopy ofthis license mustappear In each qualified motor vehicle. APPLIED LNG TECHNOLOGIES LLC 238531 - 238536 31111 AGOURA RD STE 208 WESTLAKE VILLAGE CA 91361-4464 L N THIS LICENSE IS NON-TRANSFERABLE. d FOR GENERAL TAX QUESTIONS PLEASE TELEPHONE OUR INFORMATION CENTERAT 800400.7115. O FOR INFORMATION ON YOUR RIGHTS,CONTACT THE TAY,PAVERS'RIGHTSADVOCATE OFFICE AT 888.324.278808918.324.2788. G BOE-4424FTA REV.3(2.05{ G t U Above is our International Fuel Tax (IFTA) y y Agreement IFTA license.This license is issued b the California State Board 1, of Equalization (Board) under the terns of the international Fuel Tax Agreement (IFTA). This license is valid for Z qualified motor vehicles operated by the licensee in all IFTAjuriscllotions. Z v This license, or an exact copy of this license, must be carried In the cab of each qualified motor vehicle e registered under the California IFTA program.Along with this license,each vehicle must display one set of o- valid California IFTA decals on the exterior portion of the truck's cab; one decal on each side. In lieu of the Q IFTA decals, a valid California International Fuel Tax Agreement(IFTA) Temporary Decal Permit (form BOE-442-T) c may be carried in the cab of the vehicle. o N If you do not carry a copy of the IFTA license or do not display the IFTA decals in the required locations on the `- vehicle(s)(or carry In the cab a valid California IFTA Temporary Decal Permit), it will subject the vehicle operator to the requirement to purchase a fuel trip permit, issuance of a citation and/or imposition of a fine, and possible d seizure and sale of the vehicle. U As a holder of this license,you accept certain responsibilities.You must keep adequate records that document the 0 amount of fuel purchased, used, or stored;the amount of fuel tax paid; any fuel use that is exempt from tax;and Z the number of miles your qualified motor vehicle(s)operated in all IFTA and non-IFTA jurisdctions. Generally,you J must keep records for four years. y You must file an IFTA Quarterly Fuel Use Tax Report (form IFTA-100/101) no later than the last day of the month 0 following the quarterly reporting period. You must file your report with the exact miles traveled and gallons v consumed during the reporting period.You must file your quarterly report even if you did not purchase any fuel or operate your vehicles in any IFTA jurisdiction during the reporting period. w Your license is valid only for the entity named and type of ownership specified(for example,sole proprietorship, c corporation, partnership, limited liability company, etc.). You should notify the Board immediately if you make E ownership changes, sell your business, stop operating, or otherwise close your California IFTA license account. Upon closure of your account,you must destroy this license and all copies and remove all related decals issued by ° the California State Board of Equalization from your vehicles. This license is valid only if issued by the California State Board of Equalization. Any agent or other person who alters or otherwise produces unauthorized fuel tax credentials is creating fraudulent documents, the use of which may result in civil liability,criminal prosecution or revocation of the license. If you have any questions, please call the Fuel Taxes Division at 916-322-9669 or Information Center at 800-400-7116.You may also write to the State Board of Equalization; Fuel Taxes Division MIC:65; PO Box 942879;Sacramento,CA 94279-0 065.For general information,visit our wabslteat www.boo.ca.gov. If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate office for I)SID by calling 888-324-2798 or 916-324-2798. Their fax number is 916-323-3319! STATE BOARD OF EQUALIZATION Fuel Taxes Division Packet Pg. 557 7.P.e UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION HAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2011-2014 Registrant: APPLIED LNG TECHNOLOGIES LLC Attn:JOLENE FRIEDHOF o 31111 AGOURA RD STE 208 WEST LAKE VILLAGE, CA 91361 c 0 0 This certifies that the registrant is registered with the U.S.Department of Transportation as required by 49 CFR Part 107, Subpart G. v This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this Z document. a m .Q Reg.No: 051211 551091TV Issued: 05112/2011 Expires: 06/30/2014 4 0 v 0 Record Keeping Requirements for the Registration Program N The following must be maintained at the principal place of business for a period of three years from the c; date of issuance of this Certificate of Registration: a, V (1) A copy of the registration statement filed with PHMSA;and Z (2) This Certificate of Registration Z Q Each person subject to the registration requirement must furnish that person's Certificate of Registration j (or a copy)and all other records and information pertaining to the information contained in the registration o statement to an authorized representative or special agent of the U. S.Department of Transportation upon U request. X W Each motor carrier (private or for-hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration y number identified as the"U.S. DOT Hazmat Reg.No." in each truck and truck tractor or vessel (trailers E and semi-trailers not included) used to transport hazardous materials subject to the registration � requirement. The Certificate of Registration or document bearing the registration number must be made available,upon request,to enforcement personnel. Q For information,contact the Hazardous Materials Registration Manager,PHH-62,Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington,DC 20590,telephone(202)366-4109. PacketPg. 558 7.P.e s El bs� i2 a f o ,p8 g g _ $� g . Jm oFA � = � a z Lu m N � 9 �� = a Bq2®p mmyE it 0 N V F6 A ❑ ❑ ❑ E �} cq to m w U a O W z t s J a J o 2 V tQi7 gW� > Lu w � M 0 g ~ 0 ca 5 00, ¢ u� w V QOO .. � o Oa m (a w W eg c ^ a Packet P9. 559 7.P.e Client#:31460 APPLNAT ACORD. CERTIFICATE OF LIABILITY INSURANCE GATE 9r1 1/v1 YYYV) 12 z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES IELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED .EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION 15 WAIVED,subject to the terms and Conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WTACT e: Barbara Gum IMA,Inc.-Colorado Division P" "E 303 534-4567 Arc xol: 303-534.0600 AK: Ne Ea 1550 17th Street,Suite 600 E'M"'L barb. um Imaco com Denver,CO 80202 �DORESS 9 INSURER(S)AFFORDING COVERAGE NAIL 303 534-4567 INSURER A:Steadfast Insurance Company 26387 INSURED NsuREa e:Zurich American Insurance Comp. 16535 Applied Natural Gas Fuels,Inc.;Applied INSURERL:Zurjeh American Insurance Co. 18535 LNG Technologies, LLC;Arizona LNG,LLC INSURER D: 31111 Agoura Road,.Suite 206 INSURER E: L Westlake Village,CA 91361 ?' I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 0 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C L CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, U EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F INSR ',;AODLSU9R'I POLICY EFf P LIMITS (� TYPE OF INSURANCE POLICY NUMBER MMIDDMIYY A GENERALLIABILITY BOGS48034902 71101201207110120131 EACH pGGOCCURRENCE $1000000 J X COMMERCIAL GENERAL LIABILITY ' PREMISES eE.N5ir MGa 000,000 CLAIMS-MADE COCCUR I MEO EXP(An . a..) s25000 'a X BI/PD Ded:25000 PERSONAL b ADV INJURY Et OOO OOO Q GENERAL AGGREGATE s2.000,000 GEN•L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO E2,000,000 X POLICY F1 MECT LOC $ N AUTOMOBILE LIABILITY BAP548035002 711012012 07110/2011 51oMa=EINGLE LIMIT 1,000,000 `- X ANY AUTO BODILY INJURY IP.,perm,) 5 ALL OWNED F7 SCHEDULED ! T AUTOS AUTOS BODILY INJURY(Par eccitlsnl) 5 NON-0WNED PROPERTY DAMAGE 5 X HIRED AUTOS X AUTOS Per eccitlant S U A )( UMBRELLA LIAR X OCCUR I (UMB548033802 7/10/2012 07110120131 EACH OCCURRENCE $1$000 000 EXCESS LIAR Z CLAIMS-MADE AGGREGATE E1$OOO OOO J OED X R—ITIONS10000 S Q B WORKERS COMPENSATION WOSTATU- 0TH- > AND EMPLOYERS'LIABILITY WC926779102 7/1012012 0711012013 X > ANY PROPRIETORJPARTNE(LEXECUTIVE Y I N E.L.EACH ACCIDENT 11,000,000 r OFFICERIMEMBER EXCLUOED9 CjNIA, (Mandatory In NH) ASE-EAEMPLOYEE S1 000000 If yes,tlesWtne uncer DESCRIPTION OF OPERATIONS Woe, E.L.DISEASE-POLICY LIMIT St OOO,OOO X W GI C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If man spec.Is ragrand) U City of San Bernardino is included as Additional Insured on the General and Auto Liability policies If required by written contract or agreement subject to the policy terms and conditions. Q A Waiver of Subrogation is provided in favor of City of San Bernardino on the Workers Compensation Policy if required by written contract or agreement subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of San Bernardino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 300 North "D"Street ACCORDANCE WITH THE POLICY PROVISIONS. San Bernardino,CA 92418-0000 AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8509181MS36781 BEG packet.Pg. 560 7.P.f LO CL 0 0 ce) a N 0 G U N N C � O O J O � � m p o Z O W co � L O u L) 0 d � � C7 Z J c6 T V LO LO Ln a (an) U L U) Cl) M d W Z ' m C m ° v co a S J o =° E co c Q ( N - O > O z N .. _ o % L Y O O G Q U N LO 0 .N.. Q Q F- m � d 75 T m v en m r Cl) rb r� rn -C 2 p� U C N co O Qi U cn co 9 O O O O O E Cl) W (0 E N (n E C O Z m cn LL 6 m ON ( v (� O @ C m LL U (n j v •• E C V m C C O a` m 06 O V U W @ C O w C 0 a '^ (D Z C (B > O W O 06 •@ > a� o C Q a N N LL) M > LL _ U (n LL O !n � U o O W W J O Z O o ate ❑ a- o- J LL (n J n Packet Pg. 561 � N 7.P.g 0 O a N d Clean Energy 0 Z J a m .Q a 0 ® City of San Bernardino N N C; RFQ F-13-0 C, LNG (Liquefied Natural Gas) Fu( and Inspection and Preventativ W Maintenance of Statio W Z W J Sean Win U Senior Business Development Manage E L Clean Energ 3020 Old Ranch Parkway, Suite 4C a Seal Beach, CA 9074 (562) 493-28C www.cleanenergyfuels.coi September 13, 201 CONFIDENTIAL SUBMITTA Packet Pg. 562 Ir4 Clean Energy' Table of • RFQ Forms Tab 1 Proposal Tab 2 0 IL N d 0 O O C t U d F z z J LD d a CL a 0 a 0 N_ N Of T a 0 a w z w z a w J U c d E r U m a City of San Bernardino RFQ F-13-08 2 Packet Pg. 563 F.- RFQ F-13-08 LNG Fuel 10111 Invpcclion and I'mvemo ivc Maintenance nr Stalion City of San Bernardino, Finance Department Purchasing Division RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Bid Documents to Be Returned 0 One(1)signed original of Quote in a SEALED ENVELOPE a. N d One (1) copy of signed Quote in a SEALED ENVELOPE o 0 Authorized Binding Signature(s) d ~ Verifications of Addenda Received (City Form) V Forms � Z J Listing of Proposed Subcontractor, if applicable (City Form) Iv Ferma m 0 Affidavit of Non-Collusion IVZ 120 Day Minimum Quote Validity Statement mAdrmOonal Regwrements.V1 Ganeral Specllicalions#4 cm 0 Insurance Certificates N ❑✓ Copy of Contractor License or other appropriate licenses, permits, qualifications and approvals that are legally required to provide services, and that such licenses and O° m approvals shall be maintained throughout the term of this Contract. II.Tech Specs a VI } General Speci icalions#35 (� LU W 2 W Offeror(s)are requested to submit this checklist completed with all bid documents This list may not be Z inclusive of all documents needed to submit vour RFQ Please refer to w entire packet for additional documents. -.1 U C Q) E s U A Y a 3 Packet Pg. 564 RrG r•-t3-08 LNU NO and Inspmlion and Pmvcn1n6ve Mninlcnancc of Slalion City of San Bernardino TECFINICAL SPECIFICATIONS BID SPECIFICATION NO. F-13-08 (LNG Fuel and Inspection and Preventative Maintenance of Station) NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" a N d Services: ° 0 Bidder shall complete right-hand column indicating brief reasoning for exceptions 0 to requirements when not acceptable. State "Acceptable" if requirements are u agreeable as set forth in left-hand column. Z z Equipment: -1 Bidder shall complete right-hand column indicating specific size and or make and d model of all components when not exactly as specified. State "As Specified" if a item is exactly as set forth in the left-hand column. G See Attached o FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID N N 01 CATEGORY I ACCEPTABLE/AS SPECIFIED rn Acceptable m The City of San Bernardino, Public Works Department, Fleet Management Division is seeking proposals from X qualified vendors that can provide LNG fuel and periodic z inspection and preventative maintenance for its LNG w z fueling station. w J U 1. SCOPE Acceptable a The Fleet Management Division operates an LNG E fueling station for its CNG and LNG vehicles. The m vendor will provide fuel as needed and provide periodic a inspection and preventative maintenance services for its LNG fueling station. 2. REQUIREMENTS Acceptable The vendor will be responsible for providing the following: 9 Packet Pg. 565 RFQ F-13-08 LNG Poel and Inspection and Preventative Maintenance of Station ITEM 1: Periodic Maintenance and Preventative Maintenance I. Vent lines: Check for leaks and damage on weekly basis 2. Flame Detectors: calibrate and test on quarterly basis. 3. Grounding Circuit: Verify continuity on annual basis 4. Air Desiccant: Replace if indicated on weekly basis 5. Air System: Snoop test for leaks on weekly basis 6. Air System: Check regulator set point on weekly basis p^ 7. Valves and Piping: Check for leaks and malfunctions a on weekly basis 8. Fill Hoses: Check for leaks, damage and wear on c weekly basis Please see Clean Energy's r J. Dispensers: Check for leaks and malfimetions on proposal for details regarding � weekly basis pricing. 10. Fueling nozzle seals: check on weekly basis Z 11. Drain air tank and/or water separator on weekly basis v 12. Fire extinguishers: Inspect on annual basis °- 13. Air Regulator: Check set point pressure on weekly a basis a 14. Air Conditioners: Clean filters and assure proper °v t operation on weekly basis I5. Air Compressor: Check and maintain oil level on N weekly basis 16. Y Strainers: Clean and inspect on quarterly basis ;, 17. Process Lines: Snoop test valve stems, flanges, pump CO can flanges, and threaded fittings for leaks on quarterly basis w 18. Methane Detectors: Calibrate and test on quarterly z basis w z 19. Relief Valves: Verify proper set points on annual w basis U 20. VJ Piping Insulation: Check Integrity on annual basis 21. ESD System:Test on annual basis 22. Storage Tank Vacuum: Measure and record on annual basis 23. Control. Hardware: Check operation and for leaks on a pressure gauges, liquid level gauges, transmitters— calibrate as necessary on annual basis 24. Pressure relief valves: recertify on 2-year basis 25. Replace pump seal at 1,000 hours 26. LNG centrifugal/submergible pump: check on weekly basis 27. Motor Amperage: Check on weekly basis I 10 PacketPg. 566 RFQ F-13-08 LNG Fuel and Inspection and Preventative Mainlennnee or station ITEM 2: LNG FUEL Acceptable - See Attached T- fuel per gallon. Firm Fixed price/gallon (not to be based on total number of gallons per month,year, etc.) 3. DELIVERY Acceptable - See Attached Delivery Location: 187 S. Pershing Ave., San p a Bernardino, CA 92408. m Due to the City budget process all prices must be Firm o and Fixed and not based on number of gallons delivered L or purchased. m 4. MANDATORY BID ITEMS ~ The contractor shall provide pricing for all bid items on Acceptable z the attached materials list. All materials are mandatory v bid. [aids containing incomplete mandatory bid item a pricing may be considered non-responsive. a a The vendor will be charged for the reprinting of damaged o or lost bill stock information. 5. CONTRACT LENGTH Acceptable based on Addendum #2, question 12. 1 The length of this contract shall be for one (1) year with o6 three(3) one-year extensions at the City's option. Eq w z W z a Signed Date LU Technical Authority Leon Schrader c Interim Fleet Division Manager, Public Works Department E t U Signed Date a Jim Smith, P.E. Interim Director, Public Works Department 11 Packet Pg. 567 Rrp F-13-09 LNG Fuel and Impeclion and Preventative Mainlounvu ol'Slalion Price Form Request for RFQ RFQ F-13-08 -Description of RFQ LNG Fuel and Inspection and Maintenance of Station Business Name/Address Clean Energy 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740 O Name—Authorized Andrew J. Littlefair a. N Representative Telephone (562)493-2804 0 0 E-mail clindholm @cleanenergyfuels.com ce Fax 562)493-4532 F 0 Z All pricing shall be firm and fixed including sales taxes, shipping,freight, and any other d applicable charges, a a Please provide detailed Firm Fixed Price cost information in the spaces provided below and any v other incidental or additional costs required to complete the Technical Specification N requirements. N See Attached 1 NOTE: List prices on this sheet only. List unit prices for each unit of measure. a, M Item Description Quantity/Unit Firm Fixed � of Measure Unit Price W W 1 Periodic Maintenance and As specified in w Preventative Maintenance Technical See Attached Z Specs W J 2 LNG Fuel Per Gallon See Attached U Other 1 Sales Tax See Attached t 2 Freight Fee See Attached ANNUAL PURCHASE ORDER Effective on or about October 1, 2012 through June 30, 2013, plus three(3)single year renewal options, for the City's full or partial requirements on an as needed basis, with no guaranteed usage. Option year one if exercised shall be effective October 1, 2013 through June 30, 2014. 15 Packet Pg.568 RFQ F-13-09 LNG Fuel and Inspection and Prevenlalive Maintenance of Stalion ~" Option year two if exercised shall be effective July 1, 2014 through June 30, 2015 Option Year three, if exercised shall be effective July 1, 2015 through June 30, 2016. Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specification?f Yes I I / ✓ No (circle one). If you answered"Yes", please provide detail of said additional costs: 0 a N d Please indicate any elements of the Technical Specifications that cannot be met by your firm, 0 0 c s U 4! f- z Have you included in your Bid all informational items and forms as requested? a Yes ✓ No. (circle one). If you answered "No", please explain: a 0 v o N This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this Bid. co r Cash discount allowable N/A% days; unless otherwise stated, payment terms are: Net thirty Q w (30) days. w z In signing this Bid, Bidder(s) warrants that all certifications and documents requested herin are w attached and properly completed and signed. v C From time to time,the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received ¢ Addenda No: 1 Received on: 9/6/12 Addenda NO: 2 Received on: 9/11/12 Addenda No: Received on: 16 PacketPg. 569 RFQ r-13-09 LNG Fu m Ij]]/,pec1i d ntalivc Maintenance ol'Slation AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: Andrew J. Lit fair President & CEO DATE SIGNED: q/1312012 COMPANY NAME AND ADDRESS: Clean Energy a W 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740 rn 0 0 c L (562)493-2804 (562)493-4532 1' PHONE: FAX: to z EMAIL: clindholm @cleanenergyfuels.com d CL CL 0 IF SUBMITTING A "NO BID", PLEASE STATE REASON (S) BELOW: c N_ N r Of r m } W W Z W z a w J U r c m 5 s U R Please indicate any elements of the Quote Specifications that cannot be met by your a firm. Have you included in your quote all informational items and forms as requested? Yes / No . (circle one). If you answered "No", please explain: 17 Packed Pg 570 RFQ F-13-08 oLNG Fuel and Inspection and Pieventniive Maintenance nr Stalion This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this quote. Cash discount allowable N/A % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this quote, Offeror(s)warrants that all certifications and documents requested herein are attached and properly completed and signed. 0 From time to time, the City may issue one or more addenda to this RFQ. Below, please a N indicate all Addenda to this RFQ received by your firm, and the date said Addenda d was/were received. o 0 c Verification of Addenda Received Addenda No: 1 Received on: 9/6/12 z Addenda No: 2 Received on: 9/11/12 v Addenda No: Received on: Q °-' 0. FIRM NAME: Clean 6r a 0 v 1 AUTHORIZED SIGNATURE: f N PRINT SIGNER'S NAME AND TITLE: Andrew J. Li efair, esident & CEO o� DATE SIGNED: q/t3/2ol z m U� Y /1 LU w IF SUBMITTING A"NO QUOTE", PLEASE STATE REASON (S) BELOW: z W z a W J U C d E L V Q As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if 18 Packef`p 571 " RFQ F-13-OR LNG Fuel and Inspection and Pmenlalivc Maintenance of Station he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE IL N d S O O C L V d H 0 Z J d Andrew J. Littlefair C Print Name Signature of i er o a 0 N Company Name: Clean Energy o� Address: 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740 0, m Ley 0 Ix REJECTION OF BIDS z W The undersigned agrees that the City of San Bernardino reserves the right to reject any a or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. v c d E cc r U w Q 19 Packet Pg.572 RFQ P-13-OR LNG Fucl mid Inspection and Pmenudivc Mainlcnmicc ar Stalion NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-13-08. o a h d 0 Business Name Clean Energy c r v Business Address 3020 Old Ran P kway ait Seal Beach, CA 90740 1 — 0 z Signature of bidder X a YVy N M CL Seal Beach, CA a Place of Residence c N Subscribed and sworn before me this day of 20 / o- o Notary Public in and for the County of State of California. m r My commission expires: l 7 201 . w z W z W W J pICIIEtJ.E I.MODtr V caMnk�lon I fi7�Yl� � rhwy Polk•cltlB"d m Omp crony E IA MI r u M Q 20 Packet Pg. 573 7.P.h CERTIFICATE OF LIABILITY INSURANCE DA 91113/12YY) 09/13N2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Phone: 310.356.8201 NAME: Rosemary Gomez Dodge Insurance Services Inc. Fax:310-316-1825 PHONE 310356-8218 FAX . 310-316-1825 3510 Arran Insurance lvd.,S Services }A/C NP,Extl: _ __...__. . (AIC N.ol Toro Torrance Blvd.,State 305 EMAIL rosama U_@!!rroyoins.com Torrance, g 90503 ADDRESS: rYQ _ y -PRODUCER Neil S.Dodge SUSTOMEft1D P:.C_LEAN-1 _ INSVRERIS)AFFORDING COVERAGE ' NAICp INSURED Clean Energy,a CA Corp. INSURER A:Federal Insurance Co 20281 3020 Old Ranch Parkway 11400 - - --� Seal Beach, CA 90740 INSURER B: INSURER G: O INSURER 0: tl N INSURER E: N INSURER F: 0 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD C L INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS u CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, N EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ INSR AOD B 3601-9 EF�POCkY 001 (9 LTR TYPE OFINSURANLE PDUCV NUMBER MMIDDIYYYY MMRID LIMITS Z 'GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0( DAhIAGE A X COMMERCIALGENERALLIABILITY 35816898 11/30/11 11130112 PREMISES $ 1,000,0( m CLAIMS.MADE a OCCUR MED EXP An one person) S 10,0( CL X DED BI/PD 5150000 PERSONAL 3ADV INJURY 3 1,000,0[ Q X EMPLOYEE BENEFITS GENERAL AGGREGATE s _2,000,0( o GENIE AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfOP AGO S 2r000,OI POLICY 1—)CI PRO- LOC EMP.BEN $ 1,000,0( AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,00 CM (Ea aC4de01) r A X ANYAu7D 73521969 11130111 11130112 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ pp SCHEDULED AUTOS PROPERTY DAMAGE $ m X HIREDAUTOS (Per....dii >:X NON-OWNED AUTOS S 0 _. It _._.._. UJ UMBRELLA LIAB OCCUR EACH OCCURRENCE S LU W EXCESS LIAB CLAIMS.MADE AGGREGATE $ Z DEDUCTIBLE _ S _..-._ W RETENTION $ S J WORKERS COMPENSATION X WC STATU- OTH-I (.) AND EMPLOYERS'LIABILITY QRYLIMIT$ ER _ A ANY PROPRIETORMARTNEIME XECUTNE Y)N 71736418 11/30111 11/30/12 EL EACH ACCIDENT '$ 1r0D0,OC c OFFICEWEMBER EXCLUDED? ❑N NIA - -- dG (Mandatory in NH) EL DISEASE EA EMPLOYE $ 1'000r0U C DESCRIPTION OF OPERATIONS bebw EL.DISEASE-POLICYLI..T S 1,OBD,OC L U Q DESCRIPTION IF OPERATIONS/LOCATION$/VEHICLES (AU.0 ACORD 101,Addilion.l Remark.51Ned.i.,if more space is requited) RE: RFQ gF-13-08 - City of San >iernardino - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IF CONTRACT IS ACCEPTED THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. YOUR NAME AND ADDRESS WILL APPEAR HERE AUTHORIZED REPRESENTATNE �J O� ©1988.2009 ACORD CORPORATION. Ail rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Packet Pg. 574 7.P.h Civil CHI ENGINEERINGNSERVICES EINC. June 21,2012 Mr. Koby Knight Operations Manager Clean Energy Fuels, Inc. 8117 Preston Road Suite 200 Dallas,Texas 75225 o a Subject: Analysis of LNG at Clean Energy Fuels, Inc. Boron, CA m Dear Koby: c C CHI Engineering Services, Inc. has inspected the analysis of the LNG that was being circulated at the LNG pump skid at the Clean Energy Boron LNG Plant. This GC was calibrated at 24:00 on June 7 2012. m z The Results are: Component LNG Pump a C1 — Methane 99.16 Mole% a C2—Ethane 0.72 Mole% o C3+ - Propane + <0.01 Mole % N N2- Nitrogen <0.12 Mole % N o� The attached print screen illustrates the detailed results. If you have any questions, let me A know. m Sincerely, w CUB z W z W -3 Christian S. Hosford, P.E. U c Senior Consultant, E CC: Lynda M. Erdbrink, P.E., Vice President Heather Brown, Clean Energy Fuels, Inc. a Attachment Print screen image of GC results dated 6/08/2012 Our Knowledge is Your Power 430 West Rd.'Portsmouth,NH 03801 •800.437-1995•Tel 603 433.5654' Fax 603 431-1721 a-mall:infoochiengineedng.com Packet'P- 575 Irl 7.P.i. Clean Energy' Introduction Clean Energy (CE) is very pleased to provide the following proposal and to ~ — document our level of experience and available resources to provide liquefied natural gas (LNG), as well as, maintenance services at the City of San Clean Energy' Bernardino's (City) LCNG site, 187 South Pershing Avenue, San Bernardino, CA. With 15 years of a providing LNG/LCNG fuel supply and station maintenance services to fleet customers, we truly understand the c critical nature of the proposed supply (. and maintenance agreement and are F confident that we will exceed your expectations. Our proposal is valid for a minimum of 120 days. Z s Q Experience and Qualifications Q a We are a highly diversified company with a broad customer base in the refuse, transit, °v airport transportation, trucking, and national fleet markets. We fuel over 3,600 natural N gas refuse trucks in partnership with our nation's leading refuse fleet customers similar N to the City. Altogether, CE fuels nearly 600 fleet customers operating over 25,000 C4 natural gas vehicles. CE has been providing natural gas services since 1996. U In May 2007, CE became a public company. Traded on the NASDAQ under ticker � symbol, CLNE, CE has a present market capitalization of over$1 billion. CE is currently w in growth mode with strategic investments being made in our human resources, related w companies and infrastructure to support the expansion of the natural gas for a transportation industry throughout the nation and beyond. Uj U Nationally, we are responsible for nearly 300 natural gas fueling stations; we have nearly 1,100 employees; and, our corporate headquarters, National Spare Parts and E Maintenance Distribution Facility, and primary LNG liquefaction plant are all located in California —within hours from the City's LCNG site. a Sustainable LNG Facilities Primary LNG Plant CE's California LNG Plant in Boron is the best primary LNG source for the City. The Plant is the largest LNG production and storage facility in the Southwestern United States. At only 78 miles away from the City's site, the Plant produces 180,000 gallons City of San Bernardino RFQ F-13-08 3 PacketPg. 576 eu Clean EneW- of LNG per day and has 1.5 million gallons of storage. This is the only storage facility in the Southwestern United States that is sizeable enough to maintain customer deliveries during any possible production disruption. The Ila Plant also produces the highest quality ., LNG at consistently low pressure. The 25 psi pressure requirement will avoid p• unnecessary venting of gas, reweighing of trailers and therefore avoid potential o delays in off-loading LNG. CE fully a understands the importance of timely "4 v deliveries at the City. o 0 L In addition to our proprietary supply at the Boron and Pickens Plants, and a 15-year "exclusive" supply agreement with Desert Gas Services in Ehrenberg, Arizona, CE has 0 immediate access to multiple LNG supply sources available to provide product to our Z customers on a daily basis. The table below details each supply source, on-site storage and daily plant capacity. The blue shaded cells are CE-owned or contracted a liquefaction plants. As shown, CE and our contracted suppliers can produce 345,000 gallons per day and have 2.7 million gallons of storage. LNG storage is an important o reliability factor because LNG production is often shut down during mandatory service N intervals. All of these LNG supply sources are available to provide product to our N customers on a daily basis. C6 Source Storage Production Ca Gallons) (LNG Gallons Per Day). . > CE Boron Plant— Boron, CA 1,500,000 180,000 w Desert Gas Services — 100,000 45,000 W Ehrenberg, AZ a Williams Gas Processing Plant — 80,000 40,000 Lu Ignacio, CO CE Pickens Plant—Willis, TX 1,000,000 80,000 Merit Painter— Evanston, WY 50,000 40,000 E s ' Green shaded cells indicate CE-owned or contracted Liquefaction Plants a LNG Delivery Support As an added value to the City, CE will install a remote monitoring system that will be used to monitor the level of LNG in the tank. CE currently remotely monitors our customer's storage tank levels and pressures at our Operations Center, 24 hours per day. CE's LNG Logistics Manager and LNG Coordinator will work with the City's representatives to schedule deliveries as frequently as needed so that fuel is available seven days per week, 365 days per year. City of San Bernardino RFQ F-13-08 4 Packet Pg. 577 M16) tJeanEnen�y CE has an unprecedented track records�, • !:# when it comes to on time performance r< m. and delivering for our customers, day in and day out as well as when they are faced with challenges. CE manages over 100 natural gas fueling contracts and we are confident that speaking with any of our references will underscore our ability to exceed contractual obligations and customer expectations. o a CE LNG Off-Load m LNG Tankers and Transport o 0 CE currently owns and operates a fleet of 58 LNG tanker trailers that meet all applicable state and federal certifications. Our primary logistics partners are Jack B. Kelley (JBK), (D owned by North America's largest tank hauler and logistics provider for transportation z fuel; the Kenan Advantage Group (KAG), specializing in the transportation of cryogenic fuels and L.P. Transportation, a leading provider of LNG and serving customers for d more than 100 years. JBK operates 24 trucks for CE's LNG fuel supply operation. a a CE utilizes GPS tracking systems allowing us to monitor the location of all LNG °v deliveries being made throughout the country. Fuel deliveries are displayed on several N screens in CE's Operations Center in Seal Beach where our logistics team can provide N customers with up-to-date progress on deliveries, whenever necessary for planning purposes. U Key Personnel W Z Key personnel are stationed at CE's headquarters w located at 3020 Old Ranch Parkway, Seal Beach, w California or in the field. Anyone can be reached i g pnobkmt Contact by calling (562) 493-2804 during business hours. If selected as the City's contractor, CE will also gy d provide cellular phone numbers for key personnel r in the event of after-hours emergencies. Lastly, "unfurl., n n m „�the City will always be able to contact a technician i-szoi ¢ on duty by calling our 24/7 toll-free service number: (866) 278-3674. Brian Powers, Vice President of Operations Assigned Role: Mr. Powers has the responsibility for LNG logistics, production and supply, as well as, operations, maintenance and adherence to LNG fuel quality specifications. City of San Bernardino RFQ F-13-08 5 Packet Pg. 578 i Clean Energy © Christa Peila, LNG Logistics Manager Assigned Role: Ms. Peila will be responsible for quality assurance and scheduling of all LNG fuel deliveries. She will be the City's main point of contact for all LNG fuel deliveries from CE owned and supplier LNG liquefaction plants. Amy Pirtle, LNG Coordinator Assigned Role: Ms. Pirtle will assist CE's LNG Logistics Manager with LNG fuel scheduling and deliveries. She will be the secondary contact for all LNG fuel deliveries from CE owned and supplier LNG liquefaction plants. Tom Bressler, Operations Director o Assigned Role: Reporting to Mr. Powers, Mr. Bressler manages all California based N service technicians. 0 0 Joe Almeida, Operations Supervisor& LNG/LCNG Service Technicians s Assigned Role: Led by Operations Supervisor, Joe Almeida, CE has a team of 15 U highly qualified and dependable maintenance service technicians that operate and maintain LNG and CNG fueling stations in Southern California. Z a Sean Wine, Senior Business Development Manager a Assigned Role: Mr. Wine will be the City's day-to-day administrative support and a corporate contact who will coordinate contract compliance and provide an interface and o regular communication link between the City and CE's engineering, operations, N accounting, marketing and executive management teams. Mr. Wine will be the primary N contact for the contract and will be responsible for the bid submittal. I Maintenance Proposal Providing natural gas fuel for vehicles is CE's core business and a large factor for w success in this industry is delivering when it comes to station maintenance. CE will be w responsible for all preventive maintenance as well as providing all repairs due to Z equipment failures at the City's LCNG facility. CE will provide factory trained and W certified technicians, all having their own vehicles and tools, and available 24 hours per L) day, 7 days per week. All dispensers will be labeled with weatherproof decals with CE's toll free customer service number where a live operator can be reached at any time of r the day or night. With our locally-based team of maintenance technicians, CE will be capable of responding to emergency service calls faster than anyone in the market. a Quality Control and Safety CE's commitment to quality and safety is part of our corporate philosophy. To ensure quality control and safety, CE utilizes industry standard best practices for all processes involved with station maintenance and repair activities. Our senior service technician will implement already established quality control and safety measures while working on the City's equipment and CE's Operations Director and Supervisor will serve as quality assurance managers, regularly inspecting and overseeing actual, and reports of, work I City of San Bernardino RFO F-13-08 6 PacketPg. 579 IrUll Clean Energy' performed. CE technicians and Supervisors also undergo equipment specific and safety training annually or as required. Field Services Automation (FSA)– Maintenance Management Software CE's FSA database provides accurate, real time maintenance records for our customers' CNG stations. To maintain up-to-date information, communication \ processes have been standardized to build work :•— - assignments and maintenance records for each site. 0 Our primary tool in communicating from our offices to y technicians in the field is a wireless hand-held computer D, device equipped with FSA. This gives technicians c access to current equipment status and parts r information and allows CE management to review d technicians' daily activity logs. Z J Bar code labels are used on station assets and parts at each site as well as in technicians' CNG-powered vehicles. Using the handheld device, these bar codes are Q scanned from the start of the workday before technicians drive to their first work location to the end of the workday after technicians arrive home, capturing time spent at each o site for CE and customer review. o N Service Technician Team s CE currently employs 15 full-time service technicians and v one cleaning technician, all based in Southern California. Our depth of technicians assures first-class facility maintenance and appearance, as well as a quick response w time in the event of unscheduled maintenance. Each Z technician is equipped with a cell phone, handheld w electronic device, all required tools and the necessary i; safety and personal protective equipment (PPE) and training certifications to provide state-of-the-art E maintenance for the City. _w." R Spare Parts Inventory a b' CE stocks over $3.4 million in natural gas fueling station spare parts at its maintenance warehouse in Carson, CA Clean Energy's Maintenance approximately one hour away from the City's facility. As warehouse CE is both a LNG and CNG fuel provider, spare parts for both types of stations in most cases are already in stock whenever needed. CE will maintain an available stock of required spare parts, supplies and consumables for routine maintenance and repair activities. CE already maintains an active listing of the sources of City of San Bernardino RFQ F-13-08 7 Packet Pg. 580 IrUl CleanEnefgy spare parts and equipment needed for catastrophic failures for such stations and maintains the vendor relationships necessary to respond quickly. CE's depth in spare parts inventory, our local warehouse, on-site parts, and our established vendor relationships will ensure optimal station performance for the City. Public Fueling Capabilities CE is the only natural gas fuel provider with a proven track record of developing public access natural gas fueling stations. In fact, that is exactly how CE a got its start. Since 1997, CE has been creating strategic partnerships whereby o it either (a) builds ground-up public o fueling stations or (b) upgrades and enhances existing stations for public fueling. CE would be willing to discuss z partnering with the City on its public J station to add preferred CE customers d to the station along with marketing the Q station to regional fleets. Below is a a highlight of CE's public access service it provides. 0 N Marketing & Sales a o� CE is the only natural gas fuel provider with a full-time marketing staff dedicated to A developing and growing the markets we serve. CE has been successful in working with q policy makers to develop policies that benefit the community and promote the use of 0 natural gas. CE also offers vehicle financing, which enables us to provide a cost w effective option for fleet operators to make the transition to CNG. Following is a glimpse w of just some of the marketing activities undertaken by CE on a daily basis. Z a w J • Public outreach to local fleet operators (taxi, shuttle, refuse, transit, utilities, etc.) • National fleet customer CNG deployments in local markets (AT&T, Verizon, etc.) d • Participation and sponsorship in industry conferences and events s • Working with state legislators and local officials to promote/develop pro-CNG policies, incentives and programs a • Established relationships with key natural gas vehicle manufacturers • Advertising in periodicals, magazines and industry trade publications • Working with local air districts to develop alternative fuel funding programs for fleet customers • Assisting fleets with grant funding applications and reporting • Providing volume and/or fleet-based discounts off the retail price of fuel City of San Bernardino RFQ F-13-08 8 Packet Pg.;581 1114 Clean Energy CE Fueling Card The CE fuel card allows CE to incentivize fleet owners with custom fuel pricing programs while tracking key data such as vehicle mileage, user codes, and vehicle ID. The CE fuel card can be issued on a "pay as you go" basis where transaction values are billed or deducted from a debit or credit card (for public and small fleets) or a Net 30 basis where CE issues monthly invoices for all fuel sold (for fleets). In addition to our fuel card, a typical public CE station accepts MasterCard, Visa, Discover, Voyager, and Wright Express for those fleets and consumers desiring other payment methods. Billing and Collections o a N CE currently handles billing and collections for all of our public access stations a, throughout North America. Our accounting staff provides our customers with records of o all CNG transactions and handle all billings, collections and taxes on all fuel dispensed r to third-party vehicles. Our existing accounts-receivable and accounts-payable F departments provide these services on a monthly basis for over 200,000 transactions. Z J CNG Fuel Station Training .Q CE has extensive experience with training first time CNG and LNG users. Our training a programs are designed to familiarize users of the stations we operate with natural gas o properties, the fueling equipment, and all safety precautions that should be taken. N Further, training can also be provided for customers by visiting our website (www.cleanenergyfuels.com/training), by viewing a DVD provided by CE, or in-person, where CE will provide hands-on training, most typically for our fleet customers. o� U Pricing Proposal W W Z The chart below breaks out the items into three separate groups: Inspections and w Repairs. a w J • The inspections are included in the monthly maintenance fee of $1,200. • The repairs (items #19-25) are above and beyond weekly inspections and cannot be accurately priced prior to completing the work. For example, Item #21, ESD System testing is a small work-order like many others listed under Repairs; additional work/repairs, if any, that arise as a result of the tests are unknown. a o We will perform this work during normal business hours (during inspections) at $96 per hour plus parts at CE's Spare Part Price List. We believe this is an accurate reflection of how the City's current preventative maintenance services are provided, and what we believe to be the City's intent on the current bid based on the RFQ document and addenda. Additionally, by breaking out the maintenance items into separate groups, it allows the City to receive the most accurate maintenance costs without using forecasted numbers in our fixed monthly price. City of San Bernardino RFQ F-13-08 9 Packet Pg.582 Man&xyyy- . . Item Inspections Cost Number 1 Vent lines: Check for leaks and damage on weekly basis Included Monthly 3 Grounding Circuit: Verify continuity on annual basis Included Monthly 4 Air Desiccant: Replace if indicated on weekly basis Included Monthly 5 Air System: Snoop test for leaks on weekly basis Included Monthly 6 Air System: Check regulator set point on weekly basis Included Monthly 7 Valves and Piping: Check for leaks and malfunctions on weekly Included Monthly basis 8 Fill Hoses: Check for leaks, damage and wear on weekly basis Included Monthly o 9 Dispensers: Check for leaks and malfunctions on weekly basis Included Monthly a 10 Fueling nozzle seals: check on weekly basis Included Monthly m 11 Drain air tank and/or water separator on weekly basis Included Monthly o 13 Air Regulator: Check set point pressure on weekly basis Included Monthly °c 14 Air Conditioners: Clean filters and assure proper operation on Included Monthly weekly basis F- 15 Air Compressor: Check and maintain oil level on weekly basis Included Monthly z 16 Y Strainers: Clean and inspect on quarterly basis Included Monthly 17 Process Lines: Snoop test valve stems, flanges, pump can Included Monthly d flanges, and threaded fittings for leaks on quarterly basis a 26 LNG centrifugal/submergible pump: Check on weekly basis Included Monthly a (anything beyond a visible inspection will be billed at T&M) o 27 Motor Amperage: Check on weekly basis (anything beyond a Included Monthly N visible inspection will be billed at T&M) N Repair Items ;, 2 Flame Detectors: calibrate and test on quarterly basis Included in Item o #18 Cost 12 Fire extinguishers: Inspect on annual basis $500 Annually 18 Methane Detectors: Calibrate and test on quarterly basis $1,100 Quarterly w 19 Relief Valves: Verify proper set points on annual basis $96 per hour + w Parts List z 20 VJ Piping Insulation: Check integrity on annual basis $96 per hour+ w Parts List U 21 ESD System: Test on annual basis $96 per hour + Parts List d 22 Storage Tank Vacuum: Measure and record on annual basis $96 per hour+ E Parts List 23 Control Hardware: Check operation and for leaks on pressure $96 per hour+ a gauges, liquid level gauges, transmitters calibrate as Parts List necessary on annual basis 24 Pressure relief valves: Recertify on 2-year basis $96 per hour+ Parts List 25 Replace pump seal at 1,000 hours $96 per hour+ Parts List City of San Bernardino RFQ F-13-08 10 Packet Pg. 583 q4 Clean Enelyy- Any call-out services or emergency maintenance will be billed at the service rates listed below. Call-Out Weekdays 8:00 a.m. — 5:00 p.m. $96.00 per hour 5:00 p.m. — 8:00 a.m. $150.00 per hour Weekends & Holidays Friday 5:00 p.m. — Monday 8:00 a.m. $150.00 per hour Holidays $150.00 per hour Parts and Materials* Billed from CE Spare Parts Pricing List* .2 0 *All parts and materials supplied by CE are subject to applicable sales tax s U d H LNG Fuel Pricing z J The pricing will be based on a monthly index price plus fixed delivery fee as follows: 2 Q CL Monthly Southern California Gas Company Index/ 12.104 + Delivery Fee +Applicable Taxes a 0 v The fixed delivery fee of $0.689 per LNG gallon for fuel supply is all-inclusive of plant N liquefaction costs, transportation and trailer costs, freight, labor, insurance, and general N and administrative costs. The LNG price will be subject to applicable sales tax of 8%. o6 Both the SoCalGas Company Index and the sales tax will be passed through to the City at cost. 0 s LNG Pricing W z SoCalGas Company Index (September) $0.231 a Delivery Fee $0.689 LU Sales Tax (8%) $0.074 Total $0.994 E t Clarifications a If the City determines, after review of our proposal, that we provide the best overall value, we respectfully request a continued dialogue regarding the following: 1. We would request further discussion regarding the language specifying that the Contractor will be financially or legally liable or responsible for any pre-existing and/or migratory conditions related to the premises. 2. We wish to further discuss Paragraph 8 of Section IV. 3. Per Addendum #2, question 30, we would like to confirm the ability to review and discuss with the City any additional terms and conditions, specifications, and all other documents City of San Bernardino RFQ F-13-08 11 Packet Pg. 584 rU Clean Energy, which will be included in the resulting agreement/contract and were not included in the RFQ package given to bidders. In relation to this point, we would also like to discuss Section IV, Paragraph 19, 21, and 33. 4. We would like to ask the City for further clarification and intent regarding the second to last sentence in Paragraph 21 of Section IV. 5. We would like to discuss the ability to provide a notice of material alteration of our insurance policies. Certificates We have included our Certificate of Insurance in Tab 1. We are appropriately licensed and certified to provide LNG fuel supply and preventative maintenance services. We can provide any license or certification upon request by the City. v 0 0 c r U d N z Z J d CL 0 v N N_ N r 01 U } U' tr W Z W Z Q W J U c m E U U R a City of San Bernardino RFQ F-13-08 12 Packet Pg. 585 RFQ F-13-08 OLNG Fuel and Inspection and Preventative Maintenance of Station San iWiHo August 27, 2012 SUBJECT: REQUEST FOR QUOTES (RFQ) F-13-08 a. The City of San Bernardino (City) invites Quotes from qualified vendors for: 0 0) 0 LNG Fuel and Inspection and Preventative Maintenance of Station c L V Parties interested in obtaining a complete copy of this RFQ F-13-08 may do so by accessing the F City of San Bernardino Web Page at www.sbcity.org City Services > Request for Bids > City 0 Finance, beginning August 27, 2012, or by faxing their request to (909) 384-5043, attention Z Vanessa Sanchez. Please include the following information in your request: name and address of firm; name, telephone and facsimile number of contact person; specify RFQ F-13-08. a 0. Q Copies of the RFQ may also be obtained by calling Vanessa Sanchez (909) 384-5330, or in person at City Hall, 300 N. "D" St., 4th Floor, Finance Department, San Bernardino, CA 92418. c N From the issuance date of this Request for Quote until a Vendor is selected and the selection is o announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, LL except at the direction of Vanessa Sanchez, Accounting Assistant, the designated representative of the City of San Bernardino. Contact with anyone not designated will result in r elimination from the bid process. Closing Date: Quotes must be submitted at or before 3:00 PM, PST, September 12, 2012 at the address listed above. Issuance of this RFQ and/or receipt of Quotes does not commit the City to award a contract. Sincerely, Jason Simpson Director of Finance Packet pg.586 RFQ F-13-08 OLNG Fuel and Inspection and Preventative Maintenance of Station SECTION I. INSTRUCTIONS TO OFFEROR(S) 0 EL N d Im O O C t V d r z z v © d a CL 0 a 0 N O O M r LL C d E r v m z 2 Packet Pg. 587 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station City of San Bernardino, Finance Department Purchasing Division RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Bid Documents to Be Returned ❑ One (1) signed original of Quote in a SEALED ENVELOPE ❑ One (1) copy of signed Quote in a SEALED ENVELOPE 0 ❑ Authorized Binding Signature(s) IL N d ❑ Verifications of Addenda Received (City Form) "n" a 6 C ❑ Listing of Proposed Subcontractor, if applicable (City Form) IV Fortes _ m ❑ Affidavit of Non-Collusion z J ❑ 120 Day Minimum Quote Validity Statement III Additional Requirements,VI General Specifcations#4 CL a ❑ Insurance Certificates a ❑ Copy of Contractor License or other appropriate licenses, permits, qualifications and o approvals that are legally required to provide services, and that such licenses and 94 approvals shall be maintained throughout the term of this Contract. Il.Tech specs a Vl o General Specifications#35 ri> r LL C Offerors)are requested to submit this checklist completed with all bid documents. This list may not be d inclusive of all documents needed to submit your RFQ. Please refer to entire packet for additional documents. g Q 3 Packet Fg7588 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station I. GENERAL INSTRUCTIONS TO OFFEROR(S) A. Notice From the issuance date of this Request for Quote until a Vendor is selected and the selection is announced, Proposers are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Vanessa Sanchez, Accounting Assistant, the designated representatives of the City of San Bernardino. Contact with anyone not designated will result in elimination from the bid process. B. Pre-Quote Conference a a N/A d 0 0 C. Examination of Quote Documents °c z v 1. By submitting a quote, the Offeror(s) represents that it has thoroughly examined and become familiar with the items required under this RFQ and z that it is capable of quality performance to achieve the City's objectives. d 2. The City reserves the right to remove from its mailing list for future RFQs, a for an undetermined period of time, the name of any Offeror(s) for failure to accept a contract, failure to respond to two (2) consecutive RFQs o and/or unsatisfactory performance. Please note that a "No Quote" is =' considered a response. o 9 D. Addenda LL c Any City changes to the requirements will be made by written addendum to this r RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not a be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. All Addendums will be posted to our website at www.sbcity.org > Request for Bids > City Services > City Finance. For automatic electronic notifications, please visit our website and sign-up for SB Connect. 4 Packet'P9.589 '? RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station E. Submission of Quotes 1. Date and Time All Quotes are to be submitted to City of San Bernardino, Attention: Vanessa Sanchez. Quotes received after 3:00 PM PST, September 12, 2012, will be rejected by the City as non-responsive. 2. Address Quotes shall be addressed as follows: City of San Bernardino 300 North D Street Finance Department— 4th Floor o Attn: Vanessa Sanchez 0. N San Bernardino, CA 92418 0 Quotes may be delivered in person to the Finance Department, 4th floor of L c the above address. d r f7 3. Identification of Quotes Z J d Offeror(s) shall submit a SEALED quote package consisting of: a CL (a) One (1) signed original of Quote c v 0 (b) One (1)copy of Quote 00 0 The quote package shall be addressed as shown above, bearing the Offeror(s) name and address and clearly marked on the outside of the LL envelop as follows: RFQ F-13-08 E LNG Fuel and Inspection and Preventative Maintenance of Station M Q 4. Acceptance of Quotes a. The City reserves the right to accept or reject any and all Quotes, or any item or part thereof, or to waive any informalities or irregularities in Quotes. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Offeror(s) responding to this RFQ. C. The City reserves the right to postpone quote opening for its own convenience. 5 Packet Pg. 590 r-., 1 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station d. Faxed or emailed Quotes will not be accepted. F. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in: 1. preparing its quote in response to this RFQ; 2. submitting that quote to City; 3. negotiating with City any matter related to this quote; or 4. any other expenses incurred by the Offeror(s) prior to date of award, if any, of the Agreement. o a N The City shall not, in any event, be liable for any pre-contractual expenses D tM incurred by Offeror(s) in the preparation of its quote. Offeror(s) shall not include —0 0 any such expenses as part of its quote. s u d G. Contract Award ~ z z Issuance of this RFQ and receipt of Quotes does not commit the City to award a Purchase Order. The City reserves the right to postpone quote opening for its a own convenience, to accept or reject any or all Quotes received in response to a this RFQ, and to negotiate with other than the selected Offeror(s) should a negotiations with the selected Offeror(s) be terminated. The City also reserves N the right to apportion the award among two or more OFFEROR(S). co 0 A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along with a pre-performance meeting, outlining additional terms and conditions relating w to performance, warranty, materials, goods, services, or other items as deemed d necessary by the City, may be required prior to the commencement of the job. r U R H. Acceptance of Order 4 The successful Offeror(s) will be required to accept a Purchase Order in accordance with and including as a part thereof the published Request for Quotes, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 6 Packet Pg.591 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station I. Business License The City's Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. J. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. o a. N For the purposes of this section, "local bidders" shall be bidders for which the point 1 of sale of the goods, materials, or services shall be within the City limits of San ° 0 Bernardino. r d Z Z J d t � a a Q 0 v 0 N tp O C7 r LL C W E r v Y Q 1 7 PacketPg. 592 Owl RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station SECTION II. TECHNICAL SPECIFICATIONS 0 a to W Im O O C L V d F z Z J a d CL CL 0 v 0 N_ Go O f`7 r LL C d E L V A 8 Packet Pg.593 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station ti.. City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO. (LNG Fuel and Inspection and Preventative Maintenance of Station) NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions o to requirements when not acceptable. State "Acceptable" if requirements are a- agreeable as set forth in left-hand column. d 0 0 Equipment: oc Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. z J FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CL CL Q 0 CATEGORYI ACCEPTABLE AS SPECIFIED 0 N The City of San Bernardino, Public Works Department, o Fleet Management Division is seeking proposals from qualified vendors that can provide LNG fuel and periodic LL inspection and preventative maintenance for its LNG fueling station. E U N 1. SCOPE a The Fleet Management Division operates an LNG fueling station for its CNG and LNG vehicles. The vendor will provide fuel as needed and provide periodic inspection and preventative maintenance services for its LNG fueling station. 2. REQUIREMENTS The vendor will be responsible for providing the following: 9 Packet Pg. 594 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station ITEM 1: Periodic Maintenance and Preventative Maintenance 1. Vent lines: Check for leaks and damage on weekly basis 2. Flame Detectors: calibrate and test on quarterly basis. 3. Grounding Circuit: Verify continuity on annual basis 4. Air Desiccant: Replace if indicated on weekly basis 5. Air System: Snoop test for leaks on weekly basis 6. Air System: Check regulator set point on weekly basis 7. Valves and Piping: Check for leaks and malfunctions on weekly basis 8. Fill Hoses: Check for leaks, damage and wear on weekly basis a 9. Dispensers: Check for leaks and malfunctions on weekly basis m 10. Fueling nozzle seals: check on weekly basis o 11. Drain air tank and/or water separator on weekly basis r 12. Fire extinguishers: Inspect on annual basis m 13. Air Regulator: Check set point pressure on weekly c� basis 14. Air Conditioners: Clean filters and assure proper operation on weekly basis a 15. Air Compressor: Check and maintain oil level on a weekly basis c 16. Y Strainers: Clean and inspect on quarterly basis N 17. Process Lines: Snoop test valve stems, flanges, pump Co can flanges, and threaded fittings for leaks on M quarterly basis 18. Methane Detectors: Calibrate and test on quarterly LL basis d 19. Relief Valves: Verify proper set points on annual basis 20. VJ Piping Insulation: Check Integrity on annual basis a 21. ESD System: Test on annual basis 22. Storage Tank Vacuum: Measure and record on annual basis 23. Control Hardware: Check operation and for leaks on pressure gauges, liquid level gauges, transmitters— calibrate as necessary on annual basis 24. Pressure relief valves: recertify on 2-year basis 25. Replace pump seal at 1,000 hours 26. LNG centrifugal/submergible pump: check on weekly basis 27. Motor Amperage: Check on weekly basis 10 Packet Pg. 595 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station ITEM 2: LNG FUEL 1. LNG fuel per gallon. Firm Fixed price/gallon (not to be based on total number of gallons per month,year, etc.) 3. DELIVERY Delivery Location: 187 S. Pershing Ave., San Bernardino, CA 92408. Due to the City budget process all prices must be Firm and Fixed and not based on number of gallons delivered a or purchased. 4. MANDATORY BID ITEMS rn The contractor shall provide pricing for all bid items on o the attached materials list. All materials are mandatory bid. Bids containing incomplete mandatory bid item pricing may be considered non-responsive. z J The vendor will be charged for the reprinting of damaged m or lost bill stock information. c 5. CONTRACT LENGTH a 0 The length of this contract shall be for one (1) year with N three (3) one-year extensions at the City's option. 0 LL C d Signed Date Technical Authority Leon Schrader a Interim Fleet Division Manager, Public Works Department Signed Date Jim Smith, P.E. Interim Director, Public Works Department 11 Packet Pg. 596 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station SECTION III. BID FORMS a m d 0 0 6 c r L) v t7 z J d .a 6 Q O O N w O M LL r C d E r 0 m M Q Packet Pg. 597 7P�.. RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station III. BID CONTENT AND FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder(s), including name, address and telephone; b. proposed working relationship between Bidder(s) and o subcontractors, if applicable; y d C. acknowledgment of receipt of all RFQ addenda, if any; —0 0 c t d. name, title, address and telephone number of contact person F during period of Bid evaluation; Z J e. a statement to the effect that the Bid shall remain valid for a period of not less than 120 days from the date of submittal; and a CL Q f. signature of a person authorized to bind Bidder(s) to the terms of o the Bid. o N co Bidder(s) may also propose enhancement or procedural or technical innovations to the Technical Specifications, which do not materially deviate, from the objectives or required content of the t.`. project. v E r v m 2. Exceptions/Deviations a State any exceptions to or deviations from the requirements of this RFQ, stating "technical' exceptions on the Technical Specifications form, and "contractual' exceptions on a separate sheet of paper. Where Bidder(s) wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. 13 Packet Pg.,598` 7.P.j RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station 3. Appendices Information considered by Bidder(s) to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. BIDDER(S) is cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a Bid, Bidder(s) warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by Bidder(s), and are o valid and in full force and effect. Copies or legitimate proof of such licensure N and/or certification shall be included in Bidder(s)'s response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed c non-responsive and may be rejected. L d C. COST AND PRICE FORMS Z J Bidder(s) shall complete the Price Form in its entirety including: 1) all items listed d and total price; 2) all additional costs associated with performance of a specifications or statement of work; and 3) Bidder(s)'s identification information a including a binding signature. o e 0 N Bidder(s) shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including 4 discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date w City's check is mailed. Any discounts taken will be taken on full amount of v invoice, unless other charges are itemized and discount thereon is disallowed. t U R Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise a specified on price form. 14 Packet Pg. 599 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Price Form Request for RFQ RFQ F-13-08 Description of RFQ LNG Fuel and Inspection and Maintenance of Station Business Name/Address Name—Authorized Representative Telephone _ E-mail 0 a. Fax d 0 0 c All pricing shall be firm and fixed including sales taxes, shipping,freight, and any other d applicable charges. Z z Please provide detailed Firm Fixed Price cost information in the spaces provided below and any a m other incidental or additional costs required to complete the Technical Specification a requirements. 0 NOTE: List prices on this sheet only. List unit prices for each unit of measure. N Item Description Quantity/Unit Firm Fixed 0 0 M of Measure Unit Price LL 1 Periodic Maintenance and As specified in Preventative Maintenance Technical d E Specs t U 2 LNG Fuel Per Gallon Other a 1 Sales Tax 2 Freight Fee ANNUAL PURCHASE ORDER Effective on or about October 1, 2012 through June 30, 2013, plus three (3) single year renewal options,for the City's full or partial requirements on an as needed basis, with no guaranteed usage. Option year one if exercised shall be effective October 11 2013 through June 30, 2014. 15 Packet Pg.600 '' RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station Option year two if exercised shall be effective July 1, 2014 through June 30, 2015 Option year three, if exercised shall be effective July 1, 2015 through June 30, 2016. Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Technical Specification? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. O a N d 0 O Have you included in your Bid all informational items and forms as requested? °c r U v Yes / No. (circle one). If you answered "No", please explain: z z J 'O _W c CL Q This offer shall remain firm for 120 days from RFQ close date. c v 0 Terms and conditions as set forth in this RFQ apply to this Bid. oD 0 Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. LL C d In signing this Bid, Bidder(s) warrants that all certifications and documents requested herin are E r attached and properly completed and signed. "R Q From time to time,the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: Addenda No: Received on: 16 Packet Pg.601 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME AND ADDRESS: O a N W PHONE: FAX: c 0 c EMAIL: m z z J IF SUBMITTING A"NO BID", PLEASE STATE REASON (S) BELOW: T d CL CL 0 a 0 N_ 00 0 Cl) LL Y C E L U A w Q Please indicate any elements of the Quote Specifications that cannot be met by your firm. Have you included in your quote all informational items and forms as requested? Yes / No (circle one). If you answered "No", please explain: 17 Packet.Pg.602 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this quote. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this quote, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. 0 Verification of Addenda Received 0. N d Cn Addenda No: Received on: —0 0 Addenda No: Received on: Addenda No: Received on: d c� FIRM NAME: z AUTHORIZED SIGNATURE: c a a PRINT SIGNER'S NAME AND TITLE: o a 0 DATE SIGNED: co 0 M IF SUBMITTING A "NO QUOTE", PLEASE STATE REASON (S) BELOW: c m E r U W a As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if 18 Packet Pg. 603 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE a a N d 0 O O G L V d r z z Print Name Signature of Bidder d \ a Company Name: a 0 v Address: N co T Cl) REJECTION OF BIDS LL c The undersigned agrees that the City of San Bernardino reserves the right to reject any E or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 19 Packet Pg.664 RFQ F-13-08 © LNG Fuel and Inspection and Preventative Maintenance of Station NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-13-08. Business Name o a N Business Address rn 0 0 Signature of bidder X d z z J Place of Residence d i Q a Subscribed and sworn before me this day of 20_ 0 N Notary Public in and for the County of State of California. co 0 M My commission expires: 20 LL d E r U A a I NOW 20 Packet Pg.605 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station SECTION IV. GENERAL SPECIFICATIONS O' IL N (D 0) O O C L V d F z 2 J 'O _d c. a Q 0 a 0 N_ O M r LL r C d E L V A w Q 21 Packet Pg. 606 RFQ F-13-08 O LNG Fuel and Inspection and Preventative Maintenance of Station IV. GENERAL SPECIFICATIONS i. Each quote shall be in accordance with Request for Quote (RFQ) Number RFQ F- 13-08. All specifications are minimum. Offeror(s) are expected to meet or exceed these specifications as written. Offeror(s) shall attach to their quote a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional Quotes, or those that take exception to the RFQ specifications and requirements, may be considered non- responsive and may be rejected. 2. The City reserves the right to accept or reject any and all Quotes and to award a contract to the Offeror(s) whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies, or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors, including but not limited to, o workmanship, accessibility of parts and service, known evidence of manufacturer's N responsibility and record, durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best ° 0 interest of the City shall prevail in all contract awards. L 3. The City of San Bernardino reserves the right to purchase more or less than the F quantities specified at unit prices quote. 0 a. Quotes shall be firm offers, subject to acceptance or rejection within 120 days Z minimum of the opening thereof. t s. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable 'a manufacturer or dealer of such items as submitted for quote consideration. ¢ e. All materials, workmanship and finish entering into the construction of the equipment o must be of the best of these respective kinds and must conform to the character of N the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds", factory rejects, q and substandard goods are not acceptable. LL 7. Each Offeror(s) shall submit with their quote a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient E detail to clearly describe the equipment, materials and parts offered. r 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability o for any and all claims made against the City of San Bernardino or any of its officials a or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. e. Each Offeror(s) must state in their quote the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino, time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. io. Each Offeror(s) shall list in their quote all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the quote. 22 Packet Pg,607 7.P.j RFQ F-13-08 LNG Fuel and Inspection and preventative Maintenance of Station ». Successful Offeror(s) (Contractor) shall furnish and deliver to the City complete equipment as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully prepaid), and shall include all discounts. Quote shall include California sales tax, where applicable, (effective July 1, 2011) computed at the rate of 8%, this will normally be shown as a separate line item on the price form. 13. City shall make payment within thirty (30) days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All "standard equipment" is included in any quote. OFFEROR(S)furnishing Quotes under these specifications shall supply all items advertised as "standard" equipment even if such items are not stipulated in the specifications, unless otherwise clearly excepted in the quote. p 15. The items which the Offeror(s) proposes to furnish the City must comply in all y respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or c items have been specifically outlined in these specifications or not. t 16. Contractor delivering equipment pursuant to these RFQ specifications shall d guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the z Contractor shall be required to correct the same at their own expense. 17. By submitting a quote, each Offeror(s) agrees that in the event complete delivery is 'a not made within the time or times set forth pursuant to this specification, damage will a be sustained by the City, and that it is, and will be impractical and extremely difficult o to, ascertain the actual damage which the City will sustain in the event of and by N reason of such delay. 18. In case the delivery of the items under this contract is delayed due to strikes, o injunctions, government controls, or by reason of any cause or circumstance beyond the control of the Contractor, the time for delivery may be extended (in the City's LL sole discretion) by a number of days to be determined in each instance by mutual v written agreement between the Contractor and the Purchasing Division of the City of r San Bernardino. The City shall not unreasonably refuse such extension. ts. Contract. Each quote shall be submitted and received with the understanding that a acceptance by the City of San Bernardino of quote in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices proposed and in complete accordance with all provisions of RFQ F-13-08. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest, direct or indirect in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than 23 Packet Pg.608 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station the City, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the Request for Quote, RFQ F-13-08, the Contractor's quote, any written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all written modifications of said documents shall be construed together as one document. Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not. All sections of the specifications shall be read as constituting a whole o and not as an aggregation of individual parts, and whatever is specified in one H section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all Quotes. c 23. Prompt payment. Each Offeror(s) may stipulate in their quote a percentage prompt L payment discount to be taken by the City in the event the City makes payment to the F Contractor within ten (10) working days of receipt of material and approval of 0 invoice. For the purpose of this provision, payment is deemed to be made on the z date of mailing of the City check. NOTE: prompt payment discounts will only be used during quote evaluation in the case of ties. Q 24. Inquiries. Technical questions may be sent via fax to 909-384-5043, or email: a sanchez_va @sbcity.org. The answers to material questions will be provided in o writing by Addendum(s) to all potential Offeror(s) by a posting to the City's website. N 25. Quote/Fee Schedules. No quote will be acceptable unless fees/prices are submitted on the pricing forms furnished by the contractor herein, and all required forms are o completed and included with quote. Deliver all Quotes, SIGNED and SEALED, to the LL Finance Department at 300 North "D" Street, 4th Floor, City Hall, San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE: LNG Fuel d and Inspection and Preventative Maintenance of Station RFQ F-13-08 ON THE r OUTSIDE OF THE ENVELOPE. R 26. Time. All Quotes must be received in the Purchasing Division no later than 3:00 a PM, PST, September 12, 2012, where at such time and said place Quotes will be publicly opened, examined and declared. Any quote may be withdrawn by Offeror(s) prior to the above scheduled time for the opening of Quotes. Any quote received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1) OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment Quotes. 24 Packet'P9 609 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station 2e. In submitting a quote to a public purchasing body, the Offeror(s) offers and agrees that if the quote is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Offeror(s)for sale to the purchasing body pursuant to the quote. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Offeror(s). 30. Contractor shall indemnify, defend and hold City, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is o caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement rn on behalf of the City shall be considered as "attorney's fees" for the purposes of this —° 0 paragraph. r 31. While not restricting or limiting the foregoing, during the term of this Agreement, d Contractor shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of$1,000,000 combined single limit, Z and statutory worker's compensation coverage, and shall file copies of said policies with the City's Risk Division prior to undertaking any work under this Agreement. The Q policies shall name the City as an additional insured and shall provide for ten (10) a day notification t�o/the �City �/iif�said ��policies are terminated or materially altered. o 32. q11 T LI Cl II nC 12FQ 12 ftA �,p GE=12 QK1 hl A* ........:w-d TL... !`0 Air-min r...ill 1... r8a11:...d 0 'FFF`I���F�F v O Cl) LL bonds shall be in -e-e-M-a-es- shall d have a rating in Best's most recent insurance guide of"A" or better. r 33. Written contract documents, duly authorized and signed by the appropriate authority, o constitute the complete and entire agreement(s)that may result from the RFQ. a 34. The City may, at its discretion, exercise option year renewals for up to three (3) years, in one-year increments. 35. By submitting a quote, Offeror(s) warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by Offeror(s), and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in Offeror(s)'s response. Quotes lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 25 Packet Pg. 610 RFQ F-13-08 LNG Fuel and Inspection and Preventative Maintenance of Station 36. Once the award has been made and prior to the commencement of the job, the City's Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the term of the Agreement. 37. Vendor (Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed vendor/Consultant service agreement may be required between both parties prior to commencement of the job. 0 a. H d En O O C t V d F z Z J L d CL 6 Q O a 0 N ao O M LL w C d E r v m z 26 Packet Pg.611 7.P.k. San Bernardino Area Chamber Applied Natural Gas Fuels, Inc. Clean Energy 546 W. Sixth Street 31111 Agoura Rd. Suite #208 3020 Old Ranch Parkway Suite 2( n Bernardino, CA 92410 Westlake Village, Ca. 91361 Seal Beach, Ca. 90740 .A.CHAMBER @VERIZON.NET Contact: Javier Altamirano Contact: Chad M. Lindholm jaltamirano(o-)altlng.com clindholmacleanenergvfuels.ci Applied Natural Gas Fuels, Inc. Clean Energy Ph#(818) 450-3650 Ph#(562)546-0322 Ph#(818)450-3655 Ph#(562)546-0327 Ph#(310)780-5167 Ph#(562)493-2804 Fax#(818)450-3660 Fax#(562)493-4532 0 Listed above are the only two M vendors who provide sales, delivery and maint. For the City's fuel station in Southern California C t U d F z Z J _d c a a 0 a 0 N N J 0 O r C d 7 C d E L U 10 Z.' a RFQ F-13-08 LNG Fuel & Inspection & Preventative Maint. Of Station Bid opening Sept. 12, 2012 @ 3:00 Packet Pg. 612 7.P.1 1 RESOLUTION NO. 2012-177 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 3 AND EXTENSION TO CONTRACT PURCHASE ORDER NO. 212252 FOR FOUR 4 MONTHS IN THE AMOUNT OF $350,000, TO APPLIED LNG TECHNOLOGIES PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE _ 5 PURCHASE OF LNG FUEL IN FY 12/13. O a d 6 as WHEREAS, the Fleet Division is requesting the execution of an amendment and -0 0 7 r 8 extension for four months in the amount of $350,000 to Contract Purchase Order Number F Z 9 212252 in order to purchase fuel for FY 12/13; v d 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 'E CL 11 CITY OF SAN BERNARDINO AS FOLLOWS: a 0 12 SECTION 1.The City Manager of the City of San Bernardino is hereby authorized to N 13 execute on behalf of said City an Amendment No. 3 to the Vendor Service Agreement z J 14 between the City of San Bernardino and Applied LNG Technologies, a copy of which is ° a 15 > attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 16 a 17 set forth at length. v 18 SECTION 2. The Mayor and Common Council hereby authorize the Director of E 19 Finance or his/her designee to extend Contract Purchase Order Number 212252 from July 1, o. d 20 2012 until October 31,2012 for a total not-to-exceed$350,000 for the purchase of LNG fuel. 21 N SECTION 3. This purchase is exempt from the formal contract procedures of Section o 22 N 23 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code "Purchases cc r 24 approved by the Mayor and Common Council". r 25 SECTION 4. The Contract Purchase Order shall reference this Resolution and shall 26 read, "Applied LNG Technologies for the purchase of LNG fuel' and shall incorporate the 27 terms and conditions of the Agreement. 28 Packet Pg.613 a 7.P.1 2012-177 © RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 2 AND EXTENSION TO CONTRACT PURCHASE ORDER NO. 212252 FOR FOUR MONTHS IN THE AMOUNT OF $350,000, TO APPLIED LNG TECHNOLOGIES 3 PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE 4 PURCHASE OF LNG FUEL IN FY 12/13. 5 SECTION 5. The authorization to execute the above referenced Contract Purchase a N 6 Order and agreement is rescinded if not issued within sixty (60) days of the passage of this o 6 ,' c resolution. v CD 8 Z 9 J 10 Q a 12 (7 13 /p Z �. 14 a 15 > o 16 a 17 18 /// E a 19 /// E rr 20 21 N 22 C 23 E t 24 a 25 26 /!! r 27 28 Packet Pg.614 2012-177 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT 2 AND INCREASE TO CONTRACT PURCHASE ORDER NO. XXXX WITH ONE YEAR RENEWAL OPTIONS,TO APPLIED LNG TECHNOLOGIES PURSUANT TO 3 SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF 4 ADDITIONAL LNG FUEL. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a Joint ay 6 Common Council of the City of San Bernardino at a regular meeting thereof, held o 0 7 on the 18th day of June 12012,by the following vote,to wit: v 8 ~ 9 Council Members: AYES NAYS ABSTAIN ABSENT z v w 10 MARQUEZ x o CL Q 11 JENKINS x c v 0 12 VALDIVIA x N 13 x SHORETT c� 14 w 15 KELLEY x rn L 16 JOHNSON x a 17 MCCAMMACK x c r 18 / C 19 Geo€ earn Harn4tityClerk 20 The foregoing resolution is hereby approved this odd day of 21 June 12012. N 0 N 22 c d 23 Pack J Morris, Mayor r City o an Bernardino 24 Approved as to Form: a 25 By; n a-�c;�sl 26 Jamb � enman, Crty Attorney 27 U 28 Packet Pg.615" 2012-177 AMENDMENT N0. 3 TO THE VENDOR SERVICE AGREEMENT 1 APPLIED LNG TECHNOLOGIES 2 This Amendment 3 ("Amendment 3")to the Vendor Service Agreement with 3 Applied LNG Technologies is entered into this 18 th day of June 2012,by and 4 between Applied LNG Technologies ("VENDOR') and the City of San Bernardino 0 5 ("CITY"or"San Bernardino"). a- N 6 RECITALS a 0 7 A. Oro February 4, 2008, Applied LNG Technologies and the City of San Bernardino 0 G t 8 entered into a Vendor Services Agreement ("Agreement") for the purchase of LNG F fuel for a not-to-exceed amount of$99,900, a copy of which is attached hereto as z 9 14 "Attachment 1" and incorporated by this reference. B. On April 7, 2008, Applied LNG Technologies and the City of San Bernardino CaL 11 amended the Agreement to increase the amount of the Agreement by$50,000. 12 C. On April 21, 2008, Applied LNG Technologies and the City of San Bernardino N 13 amended the Agreement to increase the amount of the Agreement by $100,100 for a z y 14 total not-to-exceed purchase price of $250,000 for LNG fuel, and amend the o w 15 Agreement terms to add three (3) single year renewal options. w 16 D. On August 4, 2008 Applied LNG Technologies and the City of San Bernardino `o exercised the first year renewal option in an amount not to exceed $1,000,000.00 for 17 c FY 200812009. v 18 E. The CITY has exercised all renewal options under Attachment 1 and the Agreement Q 19 is set to expire on June 30, 2012. 20 � F. The CITY and VENDOR now desire to amend the Agreement to add a four month n 21 renewal in the amount of$350,000 for FY 12/13. 5 0 X12LL N C 23 AGREEMENT £ 24 In consideration of the mutual promises contained in the Vendor Services 25 Agreement, the parties agree as follows: 26 1. Paragraph 1 and 2 of the Agreement dated February 4, 2008, attached here to as Attachment 1, is amended to incorporate the terms and Conditions of Amendment 27 3 and incorporated herein by this reference. 2$ Exhibit"A" Packet Pg. 616 .7.P.1 I (w' 2012-177 i 1 2. The total Agreement price shall be S350,000. 2 3. The term of this Agreement shall be for an initial term from July 1,2012 through October 31,2012. 3 4. The other provisions of the written contract are reaffirmed as originally stated. 4 5 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day a 6 and date first above written. d 0 0 ,7 c Dated: 2012 APPLIED LNG TECHNOLOGIES v 8 10 9 k4t.V 3.6. t By: A.A v 10 N+�lc to trlU a 11 RIM4&"} a lit 0 a a 12 Dated: 2012 CITY OF SAN BERNARDINO ° N 13 Z 14 w 15 By: Andrea Travis-Miller,City Manager 4 16 ° ATTEST: a` 17 c a 18 a 19 George a City Clerk 0 V d 20 n n 21 N 22 Approved as to form: N Y C 0 James F. Penman E r 24 City Attorney 25 By: �l 26 27 28 Exhibit"A" Packet Pg.617 i 7.P.1 2012-177 cc O AMENDMENT NO. TO THE VENDOR SERVICE AGREEMENT 1 APPLIED LNG TECHNOLOGIES 2 This Amendment 3 ("Amendment 3")to the Vendor Service Agreement with 3 Applied LNG Technologies is entered into this 18 th day of June 2012,by and 4 between Applied LNG Technologies ("VENDOR')and the City of San Bernardino 0 5 ("CITY"or"San Bemardino'�. a. W d 6 RECITALS c 7 A. On February 4, 2008, Applied LNG Technologies and the City of San Bernardino r 8 entered into a Vendor Services Agreement ("Agreement') for the purchase of LNG F 9 fuel for a not-to-exceed amount of$99,900, a copy of which is attached hereto as z "Attachment 1"and incorporated by this reference. 10 v B. On April 7, 2008, Applied LNG Technologies and the City of San Bernardino a a Q 11 amended the Agreement to increase the amount of the Agreement by$50,000. 12 C. On April 21, 2008, Applied LNG Technologies and the City of San Bernardino 13 amended the Agreement to increase the amount of the Agreement by$100,100 for a z 14 total not-to-exceed purchase price of $250,000 for LNG fuel, and amend the w 15 Agreement terms to add three(3) single year renewal options. 16 D. On August 4, 2008 Applied LNG Technologies and the City of San Bernardino c a` 17 exercised the first year renewal option in an amount not to exceed $1,000,000.00 for FY 2008/2009. 18 E. The CITY has exercised all renewal options under Attachment 1 and the Agreement 19 ° is set to expire on June 30, 2012. 20 F. The CITY and VENDOR now desire to amend the Agreement to add a four month 21 renewal in the amount of$350,000 for FY 12/13. N 0 N 22 C 23 AGREEMENT r In consideration of the mutual promises contained in the Vendor Services a 25 Agreement,the parties agree as follows: 26 1. Paragraph 1 and 2 of the Agreement dated February 4, 2008, attached here to as Attachment 1,is amended to incorporate the terms and conditions of Amendment 27 3 and incorporated herein by this reference. 28 Exhibit"A" Packet Pg 618C0" 2012-177 1 2. The total Agreement price shall be $350,000. 2 3. The term of this Agreement shall be for an initial term from July 1, 2012 through October 31,2012. 3 4. The other provisions of the written contract are reaffirmed as originally stated. 4 5 IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day 0 IL N 6 and date first above written. "- 0 0 7 Dated: 2012 APPLIED LNG TECHNOLOGIES U 8 z Z 9 J By: d 10 a 11 0 a 12 Dated: 2012 CITY OF SAN BERNARDINO N 13 z J 14 w 15 By: Andrea Travis-Miller, City Manager 0 16 ATTEST: 17 18 E 19 Georgeann Hanna, City Clerk d 20 21 0 22 Approved as to form: c m 23 James F.Penman s U 24 City Attorney 25 By. ;�l 26 27 28 Exhibit"A" Packet Pg.619