HomeMy WebLinkAbout23-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: Lynn Merrill, Director Subject:. Authorization to release
Request of Proposal to design a
Dept: Public Services Liquefied Natural Gas/Liquefied to
Compressed Natural Gas (LNG/LCNG)
Date: February 25, 2002 .- • - - P , , Fueling Station at San Bernardino City
Yard.
~~~.,,,.,I~
Meeting Date: March 18, 2002
Synopsis of Previous Council Action
June 4, 2001 Congestion Mitigation/Air Quality (CMAQ) Grant Application
October 30, 2001 Mobile Source Air Pollution Reduction Review Committee
(MSRC) Grant Application
January 7, 2002 South Coast Air Quality Manager District (SCAOMD)
Grant application for funding Reso 2002-12
Recommended Motion:
Approve request
Signature
Contact person: Lynn Merrill, Director Phone: 5140
Supporting data attached: Staff Report Ward: Third Wards
FUNDING REQUIREMENTS:
Amount: 0
Source:
Finance:
Council Notes:
3 D~
Agenda Item No. I~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Authorization to release Request for Proposal to Design A Liquefied Natural
Gas/Liquefied to Compressed natural Gas (LNG/LCNG) Fueling Station at San
Bernardino City Yard
Background:
On June 4, 2001 the Mayor and Common Council approved the submittal of a grant
application for Congestion Mitigation/Air Quality (CMAO) funds for the construction of
the East Valley Regional LCNG public-access fueling facility. On October 15, 2001, the
Mayor and Common Council approved the submittal of a grant application for Mobile
Source Air Pollution Reduction Review Committee (MSRC) funds for the same project.
On January 7, 2002 the Mayor and Common Council adopted Resolution 2002-12
ratifying an AOMD grant application to help fund this project. From these funding
sources, total grant funds anticipated are $1,131,859, towards a total project cost of
$1,250,000.
During the January 7, 2002 Council meeting, Councilwoman Estrada requested
additional information regarding the LNG/LCNG fueling station. A meeting was held on
January 30, 2002 to present information regarding the design of the LNG/LCNG fueling
station. A representative of Gladstein and Associates, consultants to San Bernardino
Associated Government (SANBAG) on alternative fuel technology provided ahand-out
regarding the potential design and operation of the fueling facility. A copy of this
presentation is attached to this staff report. During the course of the meeting, concerns
were raised regarding the potential traffic impacts associated with a regional fueling
facility, and distance to residential land uses. Since the site will be used primarily by the
City of San Bernardino's fleet, with occasional usage by the County of San Bernardino
and CalTrans, as well as privately owned vehicles, staff felt that this site is the best
available location. Staff anticipates that the need to use the City's facility by other fleets
will diminish over time as additional fleet fueling operations come on line. While the
Grant applications require public access, it is expected that such access will be minimal.
Task 1 of the project to design, construct and operate the alternative fuel station is to
prepare and issue a Request for Proposal to identify a qualified contractor/vendor with
the capability to design an LNG/LCNG fueling facility at the City of San Bernardino
Municipal Yard. Staff is requesting authorization to release the attached RFP on March
20, 2002. Please note that staff has included language in the RFP strongly encouraging
the use of businesses located within the City of San Bernardino.
The following is the schedule of the proposed dates and actions relating to the schedule
for award of this project:
ACTION DATE
Council Authorizes Release of RFP March , 2002
Release of Design RFP March , 2002
' Mandatory Bidder's Conference April , 2002
Questions due to City April , 2002
Responses to questions due back April , 2002
to Bidders
Proposals Due to City April , 2002 L
Agenda Deadline for May 20 May , 2002
Council Mtg. j
Council Awards Contract to Design June , 2002
Firm
Commence Contract with Design June , 2002
Firm/ Issue Purchase Order
Completion of the Alternate Fuel Facility is anticipated for December, 2003.
Financiallmpact:
As submitted in the Congestion Mitigation and Air Quality Program (CMAO) grant dated
June 4, 2001, approximately $121,859 has been budgeted for this task, with
approximately $61,859 funded through the grant application and $60,000 funded
through the City's required Grant match.
Recommendation:
Authorize the release of the Request for Proposal to Design A Liquefied Natural
Gas/Liquefied to Compressed natural Gas (LNG/LCNG) Fueling Station at San
Bernardino City Yard.
2
REQUEST FOR PROPOSAL TO
DESIGN A LIQUEFIED NATURAL
GAS/LIQUEFIED TO COMPRESSED
NATURAL GAS (LNG/LCNG)
FUELING STATION
MARCH 20, 2002
CITY OF SAN BERNARDINO, CALIFORNIA
TABLE OF CONTENTS
1. Introduction 3
' 2. Existing Site Conditions ...............................................................................................3
3. Description of the Fleets to be Served ..................................................................4
4. Scope of Work Requested ...........................................................................................s
5. Minimum Equipment Specifications .....................................................................7
5.1 Applicable Codes and Standazds ...................................................................................7
5.2 LNG Bulk Storage Tank 8
5.3 LCNG Capability ..........................................................................................................9
6. Consultant's Responsibilities ....................................................................................9
6.1 Design ..........................................................................................................................10
6.2 Proposal Evaluation and Support ................................................................................10
6.3 Construction Management ..........................................................................................10
7. Mandatory Proposer's Conference and Questions .......................................11
8. Instructions for Submitting Proposals .................................................................11
8.1 Proposal Prepazation and Submission .........................................................................12
8.2 Technical Proposals ....................................................................................................12
8.3 Cost Proposal .....................................................................................................13
8.4 Statement of Qualifications, References and Personnel Resumes ..............................13
I~ 8.5 Trade Secrets .....................................................................................................14
8.6 Rejection of Proposals 14
8.7 Withdrawal Or Revision of Proposal Prior to Due Date 14
9. Proposed Schedule ........................................................................................................ls
10. Proposal Evaluation Procedure and Scoring Criteria ..................................16
10.1 Evaluation Procedure ..................................................................................................16
10.2 Scoring Criteria ...........................................................................................................17
Points Possible ...................................................................................................17
ATTACfIMENT -Professional Services Agreement
~ _ -
1. Introduction
The City of San Bernazdino, California (City), seeks the services of a qualified consultant to
provide a design for the East Valley Regional LNG/LCNG Fueling Facility, its planned public
access liquefied natural gas and compressed (from liquefied) natural gas (LNG/LCNG) fueling
station site. The design shall include complete system and site drawings and equipment
specifications for the LNG/LCNG fueling station and the associated civil and structural
improvements (i.e. the drawing package including all necessary contract specifications and/or
shop drawings as directed.). Upon completion of the design package, it will be used to solicit a
contractor to carry out the construction phase of the project. The successful bidders will also
assist with the subsequent contractor selection process and project management for the
construction phase of this LNG/LCNG fueling station project. Responders are cautioned that the
person or agency that performs the design services for which this RFP is issued may be
precluded from receiving a contract to construct the facility that they have designed. (See e.g.,
77 opinions of California Attorney General. pg. 112, dated May 13, 1994, #94-207.)
The planned LNG/LCNG fueling station will be located at the intersection of Pershing and
Redick Streets on the west side of the Municipal Service Yazd in San Bernardino. In it's first
year of operation, this station will fuel approximately 73 natural gas vehicles, ranging from light-
dutyvehicles to heary-duty refuse trucks. These vehicles will be primazily City-owned vehicles.
By 2007, the City anticipates that a total of 391 natural gas vehicles will be fueling at this
facility.. Additional vehicles from both public and private fleets aze also expected to use this
facility.
The initial committed throughput for the proposed LNG/LCNG fueling station is estimated at
215,000 OR 120,000 LNG gallons in the first year of operation, increasing to 1.07 million OR
600,000 LNG gallons in the fifth year of operation. It is expected that additional CNG and LNG
users will utilize the fueling station; however, the volume of resulting fuel throughput cannot be
determined at this time.
San Bernazdino is located in a strategic location along one of the nation's busiest heavy-duty
truck corridors, thus, the City understands the dire need for clean fuel infrastructure to be
established to support alternative-fuel trucks traveling along the Interstate-215 and Interstate 10
Corridors. Additionally, the City believes this project is important to San Bernazdino in its
continuing role as a major transportation hub in the western United States. For these reasons, in
addition to providing the fueling necessary for its own fleet of natural gas vehicles, the City
wishes to proceed with the construction of an LNG/LCNG fueling station.
2. Existing Site Conditions
The property on which the LNG/LCNG station will be installed is part of the City of San
Bernardino's Municipal Service Yard, located at the intersection of Pershing and Redick Streets,
' Throughout this RFP, the teen "successfid proposer" and "design contractor" are used interchangeably.
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l
approximately one block east of Arrowhead Avenue.. The proposed location is located with
three miles of Interstate 215 and five miles of Interstate 10. The proposed site is located on the
west side of the Municipal Services Yard and will be constructed on the north side of the existing
gasoline and diesel fueling station. Equipment will be located in an area of approximately 100
feet by 150 feet along the existing fence line north of the fueling area. Engineering drawings
showing the layout of the current fuel islands are included in this package.
In order to gain a full understanding of the existing site conditions potential bidders must attend
the Mandatory Proposer'sProposer's Conference and site tour on Tuesday, Apri12, 2002. (See
Section 9 for additional information). Graphic representations of the site will be provided at this
Proposer's Conference.
3. Description of the Fleets to be Served
The primary fleet user would be the City of San Bernardino, with some supplemental use by the
County of San Bernardino, Omnitrans, Cal-Trans and San Bernardino Unified School District,
Colton School District,. The facility would service light- to heavy-duty vehicles within the
respective fleets, including sedans, pick-up trucks, dump trucks, refuse collection vehicles, street
sweepers and other types of on- and off-road equipment. The following table shows the City of
San Bernardino vehicle fleet, and a proposed conversion plan for converting vehicles to
alternative fuels, starting in Calendar Year 2003:
CRy of San Bernardino Proposed Projected City- Year 1 Yeur 2 Yeur 3 Year 4 Year 5
Alternative Fael Vehicle owned Vehldea Project Protect Protect Project Project
Replacement Schedule in Fleet as of AFVs AFVs AFVs AFVs AFVa
December added added added added added
31,2001
Automated Sideloading Reane
Co?ectlon Tracks 42 7 7 7 7 7
Front Loadh~g RePose Collectlon
Troclo 19 2 2 2 2 2
Ro?oRCo?ectlon Trucks 11 1 1 1 1 1
Rear Loader/Special Duty RePoae
Co?ectlon Trucks 4 0 0 0 0 0
Light Duty VeMcles 503 50 50 50 50 50
Medknn Doty Vehktea 33 3 3 3 3 3
Heavy Duty Vehicles 115 12 12 12 12 12
TOTAL NUMBER OF VEHICLES
EACH YEAR 727 73 73 73 73 73
Cumulative total of AFV 73 146 219 292 365
Vehicles
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The following table shows the City of San Bemazdino Estimated Annual Alternative Fuel
through-put in units of diesel equivalent stazting in Calendar Yeaz 2003 and based upon the
above vehicle replacement schedule:
City of San Bernardino BASE Year 1 Year 2 Year 3 Year 4 Year 5
Diesel Fuel Usage Year Fuel
Usage
Gallons
AmuW IMwel Feel Usage Iisplaced 408,600 40,860 81,720 122,380 163,440 204,300
Avenge MmAhly IHesel IMeplacement 3,403 6,810 10,213 13,620 17,023
Annmd Udeaded Gasoane Usage 332,188 33,219 70,438 103,636 140,873 176,094
Iisplaced
Average Monthly Gasoane Dbplaceme~R 2,933 5,870 8,803 11,740 14,673
City of San Bernardino BASE Year 1 Year 2 Year 3 Year 4 Year 5
Projected I.NG Fuel Year Fuel
Usage Usage
Gallons
LNG Consomptlon (hom diesel 694,620 69,462 138,924 208,386 277,848 347,310
displaced)
Avg.Mo. LNG Consamptlon (from diesel dsplaced) 5,789 11,577 17,366 23,154 28,943
LNG Consamptlon (rrom gasoline 493,063 49,307 98,613 147,918 197,225 246,532
displaced)
vg.Mo. LNC Conaomptlon (6vm gasoWedisptaced) 4,109 8,218 12,327 16,436 20,545
TOTAL LNC coNSUMPTION 1,187,683 118,769 237,537 356 304 475,073 593 842
MONTHLY LNG CONSUMPTION 9,898 19,795 29,693 39,590 49 488
DAILY LNG CONSUMPTION 325 6$1 976 1,302 1,627
4. Scope of Work Requested
The scope of work for this project includes the design for the City of San Bemazdino's proposed
LNG/LCNG fueling station. In their proposals, bidders are expected to expand, and provide
more complete details on each Task and sub-Task that is listed below. Information provided
should be specific enough for evaluation and scoring purposes, and for inclusion in a binding
contract. While proposals should thoroughly respond to each of the elements presented in this
RFP, the successful consultant will be clear and concise in their responses. Detailed and lengthy
responses that go beyond a simple and explicit reply to the RFP are strongly discouraged and
will only serve to detract from the overall attractiveness of the proposal. Additionally, "cut and
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paste" proposals or documents from other similaz projects aze also strongly discouraged. If the
consultant wishes to include such examples (training manuals, health and safety plans, operations
manuals, etc.), they should be included only as an Appendix or Attachment and not within the
main body of the proposal.
The consultant selected to design the City of San Bernazdino's proposed LNG/LCNG fueling
station will be required to complete the following tasks:
TASK 1: Analyze the site location selected by the City of San Bernazdino for its planned
LNG/LCNG fueling station. (There aze no alternative sites.)
TASK 2: Develop a complete RFP bid package for a turnkey bid for the final design,
permitting, and construction of the LNG/LCNG facility. This includes detailed
site drawings in a DWG format, an equipment specification list, and general and
technical construction specifications and construction estimates for the entire
fueling station development proiect2 A complete set of the site drawings shall also
be delivered to the City in an electronic DWG format. The RFP bid package shall
also include all specifications relating to performance of work for on- and off-site
improvements, relocations of any existing permanent facilities, and retro-fit of
LNG/LCNG dispensers to the City's existing gasoline and diesel fueling islands.
The City shall make available to the successful vendor complete set of engineering
drawings of the existing fueling facility.
TASK 3: It is anticipated that a Conditional Use Pemut or Development Permit may be required
as part of this project, to be issued through the City's Development Services
Department. Prepaze appropriate traffic and environmental studies necessary to
support the project through the City's Design and Environmental Review process as
set forth by the City of San Bernardino's Development Services Department, and to
prepaze all applications and staff reports associated with this process.
TASK 4: Support the City of San Bernazdino during the construction bid process and assist
in bid evaluation and contractor selection including but not limited to the
preparation of bid prequalification requirements, conducting pre-bid conferences,
prepazing staff reports, etc.. This task will require the design consultam to
thoroughly review all proposals received to ensure compliance and responsiveness
to the RFP. The contractor will be expected to provide detailed comments and
insight into each ofthe proposals received during aone-day Proposal Evaluation
Meeting in the City of San Bernardino.
z The "entire fueling station development project„ includes all necessary civil improvements (Paving, landscaping,
Ong, rest room, dreinage ditch, etc.) and the complete LNG/LCNG fueling station
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OPTIONS
Proposers may also provide proposals for the following optional task. Cost-estimates for this
task will assist the City in determining whether or not to move forwazd with this option.
TASK 5: Review contractor equipment purchase orders, approve drawings and test reports,
and inspect delivered equipment to insure code/specification compliance. Provide
construction management and value engineering support to the City of San
Bernazdino during the construction period. Assist the City to evaluate and resolve
change orders. Work with the selected station developer and appropriate agencies
to facilitate the permitting process.
5. Minimum Equipment Specifications
While the City seeks a qualified company to design its planned LNG/LCNG fueling station,
some preliminary reseazch into LNG and LNG/LCNG fueling station technologies has akeady
been completed. From the City's minimal experiences, it requests that the station design
incorporate the following elements:
5.1 Applicable Codes and Standards
The City's LNG/I,CNG fueling station design shall conform to all applicable codes and
standards. It shall be the design contractor's responsibility to determine all applicable code and
standard requirements and to ensure conformance. The following are examples of some of the
applicable codes and standards:
1. California Code of Regulations, Title 8, Chapter 4, Subchapter 1, Un~ed Pressure
Vessel Safety Orders
2. California Code of Regulations, Title 24, (California Building Code) Part 2, Volume
2 (provisions for structural engineering design)
3. NFPA 57, Liquefied Natural Gas Vehicular Fuel Systems Code
4. NFPA 59A, Standard
for the Production, Storage, and Handling of Liquefied Natural
Gas (LNG)
5. NFPA 52, Compressed Natural Gas (CNG) Vehicular Fuel Systems Code
6. NFPA 70, National Electrical Code
7. ASME, SECTION 8, Pressure Vessels
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Note that these codes incorporate, by reference, portions of numerous other design and building
codes, which aze not listed here. In the above list, and for all applicable codes and standards, the
most recent editions of the codes and standazds shall apply.
The design consultant shall be familiaz with the changes that aze currently being finalized for
California Code of Regulations, Title 8, Chapter 4, Subchapter I. The Department seeks an
LNG/LCNG station design that will comply with the amended Title 8 regulation when the
regulation is scheduled for adoption in early 2002. The Vendor shall be familiaz with the
proposed Title 8 amendments, in order to incorporate pending amendments into the station
design, to the extent that such a design does not conflict with applicable current codes. Each
proposal shall include a description of these compliance issues detailing the upgrades
included in the project proposal (to meet draft Title 8 amendments) and discuss potential
remaining issues.
In addition to complying with all applicable codes and standards, the contractor shall use its best
judgment to design an LNG/I.,CNG station that is safe, reliable, convenient to use, inwrporates
current technologies, and is compliant with all code, safety and performance requirements.
5.2 LNG Bulk Storage Tank
The station's LNG bulk storage tank, associated equipment and containment area plans must be
designed so as to meet the most current requirements of California Code of Regulations Title 8
and the NFPA. Table 2 summazizes the minimum LNG bulk tank design requirements. The
successful bidder may propose tank design requirements different than what is presented in
Table 2, but also must present strong and convincing evidence to the City as to why such
changes should be incorporated into the station design.
Table 2. Station Bulk LNG Tank Specifications
Minimum Capacity 15,000 gallons of actual (usable) LNG capacity, plus ullage volume as
required by applicable codes.
Standard double-wall, vacuum-insulated constcudion with inner shell
Vessel Type being a pressure vessel and outer jacket beutg capable of supporting the
weight of the full vessel.
California Code of Regulations, Title 8, Division 1, Chapter 4,
Pressure Vessel Design Code Subchapter 1, Article 2, §455, Design and Construction of CNG and
LNG Tankr.
NFPA 59A, and California Code of Regulations, Title 24, California
Structural Design Code Building Code), Part 2, Volume 2 Provisions for Structural Engineering
Design).
Normal Evaporation Rate Not more than 0.5%per day.
Overfill ProteMion Audible and visual alarm indicator at 90%oftank vohune.
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The LNG bulk storage tank and associated equipment will be secured on footings designed to
meet applicable building codes and seismic design requirements.
5.3 LCNG Capability
The City requires that this station have the ability to fuel CNG vehicles from pressurized,
vaporized, and odorized LNG (i.e., LCNG). The design consultant will be required to design an
LCNG system that can be conveniently upgraded to a higher capacity in the future.
The pazticulaz LCNG high-pressure pump capacity, CNG compressor size, vapor recovery,
odorization system, CNG storage capacity and cascading/sequencing strategy will be determined
by the design contractor. The City requests a system that will be provide convenient and reliable
operation, full-fill capability, low cost, and ease of future upgrading when CNG vehicle fueling
requirements increase.
The City's existing municipal fleet will require a 6 to 8-minute fueling window for each vehicle.
Apart from the City's compressed natural gas vehicles (CNGVs) that will utilize this station,
other, outside public users will also rely on this facility for travel in, around and through the City
of San Bernazdino. The station therefore will be required to have the capability to fuel on-
demand awide range of CNGV types at any time during the day. The station will be accessible
to the public 24 hours a day and 7 days a week. Access to the station will be controlled through
a card lock system. The card lock system to be used will be determined in conjunction with the
City of San Bernazdino during the design phase.
6. Consultant's Responsibilities
The successful consultant will be responsible for all design elements of the City of San
Bemazdino's LNG/LCNG Fueling Station Development Project. The successful consultant will
be responsible for providing the Vapor Management and Design Summary Report, the drawing
package, and the detailed set of specifications for the fueling station and civil improvements
required for this project. The consultant will submit to the City of San Bernardino a complete
construction bid package to be used to solicit proposals from contractors to construct the
LNG/LCNG fueling facility and associated site improvements.
Upon receipt of proposals responding to the RFP for construction of the facility (to be developed
as a result of this Design RFP), and throughout the construction phase of the project, the design
consultant may be required to assist the City of San Bernardino with vendor selection and
construction management responsibilities. These responsibilities are outlined in Section 4.0,
Task 5. Responders are cautioned that the person or agency which performs the design
services for which this Design Phase RFP is issued may be precluded
from receiving a
contract to construct the facility which they have designed (See e.g., 77 opinions of California
Attorney General. pg. 112, dated May 13, 1994, #94-207.) Proposers should satisfy themselves
that they have sufficient information from this document, or through communication with City of
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San Bernazdino prior to submitting their proposal. The City will rely on the expertise of the
selected consultant to properly design the fueling station and also provide overall civil
engineering throughout the design phase. These responsibilities aze described in more detail in
the following sections.
6.1 Design
Consultant shall design aready-to-operate LNG/LCNG fueling station and the associated civil
improvements required at the site. For the purpose of this document, design is defined as the
delivery of the following to the City of San Bernardino:
• A detailed and thorough analysis (Vapor Management and Design Summary Report) of
each potential vapor management strategy option, including a final recommendation as
to which options to include in the final station design.
• Complete construction plans, technical drawings and specifications of this fueling station
development project (as defined in footnote 2 to include all necessary civil
improvements and the LNG/LCNG fueling station). Drawings shall be prepared and
delivered in an DWG format. In the Proposers response to this 12FP, a discussion of
the number and kinds of drawings that will be prepared is required.
• A complete, ready to be released RFP package for the construction phase of this project.
• Preparation of "as-built" construction drawings representing any field revisions
approved and implemented during the construction process.
All drawings shall require the stamp and signature of a Structural or Mechanical Engineer
currently registered with the state of California. A copy of the Registered Engineer's license
shall be submitted with the resume of the key personnel.
6.2 Proposal Evaluation and Support
Upon receipt of proposals for the construction phase of this project, the successful design
consultant will be required to provide technical support to the City of San Bernardino in
determining which proposals aze most responsive to the RFP. The design consultant will be
required to cazefixlly review each of the proposals received and provide comments, suggestions
and input at the scheduled Proposal Evaluation Meeting in the City of San Bernardino. The
expertise of the design consultant will play a critical role in the selection of a vendor to supply
the station equipmerit and complete the construction of this proposed project.
6.3 Construction Management
After a qualified contractor is selected to undertake the construction phase of this project, the
design consultant (i.e. the consultant selected as a result of this RFP) may be asked to continue
to provide support services for the City of San Bernardino in the construction management
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responsibilities of this project. The design contractor may be required to review equipment
purchase orders, approve construction contractor drawings and test reports, and inspect delivered
equipment to insure code/specificatibn compliance, and to prepaze "as-built" construction
drawings representing any field revisions approved and implemented during the construction
process. If bidders wish to be considered for such construction management responsibilities, the
City asks that cost-estimates be provided for the optional Task 5 as defined in Section 4, Scope
of Work Requested.
7. Mandatory Proposer's Conference and Questions
A mandatory Proposer's conference will be held on Tuesday, Apri12, 2002 at 10:00 a.m. at San
Bernardino Fleet Division Conference Room, 182 South Sierra Way, San Bernazdino. Following
this Proposer's conference, there will be a tour of the proposed site. Consultants attending this
Proposer's conference must contact the Public Services Department at 909-384-5140 extension
3442 to provide the names and contact information for all of those who will attend. Please note
that attendance at the Proposer's conference is required in order to submit to the City of San
Bernazdino a proposal for this project.
All correspondence and inquiries related to this project must be directed to:
Lynn Merrill, Director of Public Services
City of San Bernazdino
300 North D Street, Fourth Floor
San Bernardino, CA, 92418
Phone: 909-384-5140, Extension 3423
Fax: 909-384-5190
E-mail: merrill ly@ci.san-bernazdino.ca.us.
All questions and comments must be in writing either via fax, letter or a-mail, to the attention of
the above. NO TELEPHONE QUESTIONS WILL BE ACCEPTED. Proposers are encouraged
to raise any questions they might have at the Mazch 19th mandatory Proposer's conference.
Proposers should promptly notify the aforementioned in writing of any appazent inconsistencies,
problems, or ambiguities in this RFP as soon as possible, and before Monday, April 8, 2002 at
the latest, so that all Proposers may be provided with a written response to the issues raised by
any one firm. It is the intent of the City to respond in writing to all submitted questions no later
than Wednesday, April 17, 2002.
8. Instructions for Submitting Proposals
ALL BIDDERS MUST SUBMIT PROPOSALS USING THE ITEMS AND ORDERING IN
SECTION 8.2 AS A GUIDE BY WffiCH TO ORGANIZE THE RESPONSE. PROPOSALS
NOT ORGANIZED IN THIS FORMAT WILL BEAUTOMATICALLYDISDUALIFIED.
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While proposals should thoroughly respond to each of the elements and
specifications prgrented in this RFP, it is requested that the Proposers be as clear
and concise as possible in their response.
8.1 Proposal Preparation and Submission
All Proposers must submit one (1) original proposal and five (5) copies (total of 6). The original
and all copies shall be packaged in individual 3-ring binders with the appropriate divider tabs.
Cost and oricinQ information shall be included in a seuarate enveloae with the aroaosal
uackage, clearly marked with vendor's name and address and labeled the same as below.
Proposals must be plainly marked with the following information:
"SEALED PROPOSAL FOR CITY OF SAN BERNARDINO LNG/LCNG STATION
DESIGN"
ALL PROPOSALS MUST BE RECEIVED BY THE CITY OF SAN
BERNARDINO NO LATER THAN 4:00 PM ON FRIDAY. APRIL
26, 2002.
PLEASE NOTE THAT FAXED OR E-MAILED PROPOSALS WILL NOT BE
ACCEPTED. ALSO, PROPOSALS POSTMARKED PRIOR TO THE
4:00 PM ON FRIDAY, APRII. 26, 2002 DEADLINE, BUT RECEIVED BY THE CITY OF
SANBERNARDINOAFTER 77IE DEADLINE WILL NOT BEACCEPTED OR
CONSIDERED, AND WILL BE RETURNED WITHOUT BEING OPENED.
PROPOSALS MUST BE DELIVERED TO:
Director of Public Services
City of San Bernardino
Fourth Floor, 300 North D Street
San Bernardino, California 92418-0001
This address is appropriate for delivery by the U.S. Postal Service or overnight delivery services.
8.2 Technical Proposals
All proposals must include or describe the following items to be considered responsive:
• A detailed response to each Task and Sub-Task specified in Section 4.
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• Discussion of the initial station design concept, technical rationale for the initial proposed
design and equipment selections, and the approaches proposed to address the requirements
specified in this RFP.
• Discussion of the proposed site improvements and civil work.
• Description of the drawing package to be provided.
• Discussion of the plan to complete a bid package, including a listing of the elements to be
provided within this package.
• Plan for bid evaluation assistance.
• Plan for construction management assistance.
' • A statement of qualifications for the Proposer and any subcontractors to be used, a list of at
least three (3) references for similar projects completed by the Proposer. (See additional
details in Section 8.4, below.)
• Resumes for each team member that will take part in the project if awarded the bid and a
description of their specific role on the team, such as "Project Team Manager" etc. (See
additional details in Section 8.4, below.)
• A proposed milestone delivery schedule.
8.3 Cost Proposals it
No cost information should be included with the technical proposal package. All cost and
pricing data should be included in a separate, clearly marked envelope.
Proposers shall prepare and submit a cost estimate for each of the five tasks identified in Section
4, Scope of Work. These cost estimates shall include a schedule of all labor categories, hourly
rates and number of hours to be used for both the primary and all subcontractors. Proposers
shall further provide an estimate of the costs for materials, outside services and travel, if
appropriate for each task.
Proposers shall also submit a summary cost proposal that provides a total cost for this entire
project. This summary shall list the total cost for each task, and a summation of the entire
proposed wst.
8.4 Statement of Qualifications, References and Personnel Resumes
Each proposal must include a listing of the LNG and LNG/LCNG fueling station design projects
the Proposer has been involved with during the last 5 years (with emphasis on California
installations), together with a list ofat least three (3) references including the following contact
information: name, position, telephone number and a-mail address. All references will be
thoroughly checked. The engineering firm selected for the design of this facility must have
demonstrated expertise and experience in the design of LNG, LCNG and CNG Fueling stations.
In addition, engineering experience and expertise in the design of on- and off-site improvements
necessary in support of the alternative fueling facility shall also be demonstrated.
-13of27-
Proposals must identify the entire project organizational team, including key company and
subcontractor personnel. This listing shall include name, address, phone, fax, and email
information, and a summary description of the responsibilities of each organization and key
personnel. Resumes for each organization and keypersonnel must be provided Please be
advised that the substitution of key personnel or subcontractors after awazd of contract will
require prior written approval by the City of the proposed substituted personnel or subcontractor.
The City of San Bernardino strongly encourages the use of businesses located within the City of
San Bernardino whenever appropriate. Proposers are therefore strongly encouraged , if
successful, to propose the establishment of a local, staffed office within the City of San
Bernardino, and to identify and team with subcontractors located in the City of San Bernazdino.
All proposals become the property of the City of San Bernazdino upon submission. The City
intends to keep all proposals confidential prior to contract awazd. Upon contract award, all
proposals aze subject to applicable public information laws.
8.5 Trade Secrets
Proposer shall designate as "Trade Secret" that specific information contained within the
proposal which constitutes a trade secret, as the term is defined in the California Government
Code Section 6254.7(d). All proposals shall remain confidential until the City of San Bernardino
Director of Public Services makes a recommendation to the Mayor/City Council. Once the
recommendation is made, all proposals shall be available for public inspection except for that
information previously designated by the Proposer to be a "Trade Secret." Proposer also shall
defend and indemnify the City in any action alleging the City, the Director of Public Services, or
the City's agents violated the California Public Records Act, California Government Code
Section 6250 et seq., with regards to public inspection of Proposer's proposal and all information
included in Proposer's Proposal designated as a "Trade Secret."
8.6 Rejection Of Proposals
The City reserves the right to reschedule Proposer's Conferences, for any reason, and to reject
any or all Proposals and to waive any informality or irregularity in the Proposals without liability
for any loss or damage whatsoever. The City may reject proposals if they show any alteration of
form, additions not called for, conditional Proposals, incomplete Proposals, erasures, or
irregularities of any kind. The City reserves the right to request submission of a "Best and Final
Offer" from Proposers.
8.7 Withdrawal Or Revision Of Proposals Prior To Due Date
A Proposer may withdraw or revise (by withdrawal of one Proposal and submission of another)
a Proposal, provided that the Proposer's request for withdrawal is received by the City in writing
before the due date and time specified for submission of Proposals. Postmark is not accepted.
The request for withdrawal shall be executed by the Proposer or a duly authorized representative.
-14of27-
Proposals that have been withdrawn or received after the time specified for submission of
Proposals shall be returned to the Proposer's unopened.
9. Proposed Schedule
Keeping in mind the City's desire to have a complete and fully functioning LNG/LCNG fueling
station by December 2003, it is understood this project must move forwazd in an expedited
manner. It is expected that accomplishment of the scope of work set forth herein by the
successful vendor must be completed by January 2003. Each proposal must therefore include a
schedule of delivery for the following major milestones:
• Submittal of draft design and drawing package and construction RFP to the City. (Allow
2 weeks for review and comment by the City of San Bernazdino3)
• Submittal of second draft drawing package and RFP to the City of San Bernardino.
(Allow 1 week for approval of drawing and RFP package)
• Prepazation of RFP (with drawing package) for issuance to potential bidders for the
construction phase of this project.
The following is the schedule of the proposed dates and actions relating to the schedule for
awazd of this project:
ACTION DATE
Council Authorizes Release of RFP Mazch 18, 2002
Release of Desi n RFP Mazch 20, 2002
Mandato Bidder's Conference Aril 2, 2002
Questions due to Cit A ri18, 2002
Responses to questions due back to April 17, 2002
Bidders
Pro osals Due to Cit Aril 26, 2002
Agenda Deadline for May 20 Council May 14, 2002
Mt .
Council Awards Contract to Design June 3, 2002
Firm
Commence Contract with Design Firm/ June 5, 2002
Issue Purchase Order
' If the Ciry deems the revised Design Report, Vapor Management Summary Report and/or RFP incomplete, the
contractor will be required to make further edits/changes until the document is deemed complete by the City. Only at this
point will the contractor be allowed to progress to the next step and issue the RFP for the construction phase of this
project.
-15of27-
Work can begin immediately upon execution by the City of San Bernazdino of this contract.
Proposers should indicate their delivery schedule in terms of weeks after this project start date.
In order to expedite the contract execution process, Proposers should review the Professional
Services Agreement (PSA) included at the back of this RFP. Although this PSA is provided as
an example only, the City of San Bernazdino anticipates that a very similaz document will be
used once a winning proposal is selected If Proposers believe that they would be unable to
sign a similar agreement to this PSA, the Proposer MUST make this clear in their proposal
The Proposer should then also include suggested revisions or other language that it would feel
more comfortable with. These revisions, however, will not be considered to be a part of the
proposal or in any way binding to the City.
10. Proposal Evaluation Procedure and Scoring Criteria
10.1 Evaluation Procedure
To evaluate the proposals received, an Evaluation Committee will be assembled with
representatives from, but not limited to, the following agencies: City of San Bernardino,
Gladstein & Associates, San Bernardino Associated Governments, and South Coast Air Quality
Management District. Each member of the Evaluation Committee will be provided at least one
(1) copy of all of the proposals received. After receipt of proposals, the Evaluation Committee
will convene to discuss the proposals and make recommendations tothe City. The City will
make the final selection of the contractor and will then negotiate a contract with the successful
bidder.
Proposals will first be reviewed for completeness. Proposals that are deemed incomplete or non-
responsive to RFP requirements may be rejected without further evaluation. The City of San
Bernardino reserves the right to reject any and all proposals, to waive any minor irregularities in
such proposal, or to make awards in the best interest of the City. The Evaluation Committee
members will then evaluate the remaining proposals according to the criteria and numerical
weightings set forth below.
-16of27-
10.2 Scoring Criteria
Points Possible
Cost 20
Responsiveness to the RFP and overall clarity of the proposal. 20
Qualification and previous experience of the Proposer and proposed 25
subcontractors, including experience in similar projects with other
government entities.
Knowledge of LNG/LCNG technologies and systems. 20
Proposed timeline and ability of contractor to meet or exceed the 15
deadlines
TOTAL POSSIBLE POINTS 100
-17of27-
PROFESSIONAL SERVICES AGREEMENT
(City of San Bernardino/ [insert consultant's name])
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement" herein) is entered
into by and between the City of San Bernazdino, a California municipal corporation ("City"
herein) and [insert consultant's name], a [insert consultant's state of
incorporation) [insert consultant's legal status - eg., corporation, limited liability
company) ("Consultant" herein).
2. RECITALS
2.1 City has determined that it requires the following professional services from a
consultant: [insert description of consultant's services].
2.2 Consultant represents that it is fully qualified to perform such professional
services by virtue of its experience and the training, education and expertise of its principals and
employees. Consultant further represents that it is willing to accept responsibility for performing
such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 "Scope of Services": Such professional services as aze set forth in Consultant's
[insert consultant's proposal date) proposal to City attached hereto as Exhibit A and
incorporated herein by this reference.
3.2 "Approved Fee Schedule": Such compensation rates as aze set forth in
Consultant's [insert consultant's fee schedule date) fee schedule to City attached
hereto as Exhibit B and incorporated herein by this reference.
3.3 "Commencement Date": [insert contract start date].
3.4 "Expiration Date": [insert contract end date].
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date
and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of
the parties or terminated eazlier in accordance with Section 16 below.
cs~za~.i ATTACFIMENT
5. CONSULTANT'S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services. City
shall have the right to request, in writing, changes in the Scope of Services. Any such changes
mutually agreed upon by the parties, and any corresponding increase or decrease in
compensation, shall. be incorporated by written amendment to this Agreement. In no event shall
the total compensation and costs payable to Consultant under this Agreement exceed the sum of
[insert amount of consultant's maximum compensation) unless specifically approved in
advance, in writing, by City.
5.2 Consultant shall obtain a City business business registration and establish an
office within the City of San Bernardino prior to commencing performance under this
Agreement. Consultant shall perform all work to the highest professional standards of
Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall
comply with all applicable federal, state, and local laws and regulations (including the conflict of
interest provisions of Government Code Section 1090 and the Political Reform Act (Government
Code Section 81000 et seq.)). During the term of this Agreement, Consultant shall not perform
any work for another person or entity for whom Consultant was not working at the
Commencement Date if both (i) such work would require Consultant to abstain from a decision
under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in
writing to Consultant's performance of such work.
5.3 Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services identified in the Scope of Services. All such services shall be
performed by Consultant or under its supervision, and all personnel engaged in the work shall be
qualified to perform such services. [insert name of consultant's project
administrator) shall be Consultant's project administrator and shall have direct responsibility for
management of Consultant's performance under this Agreement. No change shall be made in
Consultant's project administrator without City's prior written consent.
5.4 Substitution of Key Personnel. CONTRACTOR has represented to the City that
certain key personnel will perform and coordinate the Services under this Contract. Should one
or more of such personnel become unavailable, CONTRACTOR may substitute other personnel
of at least equal competence upon written approval by the City. In the event that the City and
CONTRACTOR cannot agree as to the substitution of the key personnel, the City shall be
entitled to terminate this Contract for cause, pursuant to the provisions of Section.
5.5 If a subcontractor has committed to working on the project, include in the
proposal a letter from the subcontractor(s), their name, address, their hourly or daily rate of
compensation and the number of hours or days their services will be utilized. If a subcontractor
has not been identified, provide an estimate of their rates of compensation and number of hours
or days the subcontractors' services will be utilized.
637247.1 ATTACfIMENT
5.6 City hereby consents to CONTRACTOR'S subcontracting portions of the "Scope
of Work" to the party identified below for the functions described in CONTRACTOR'S proposal.
CONTRACTOR shall include in the subcontract Agreement the stipulation that
CONTRACTOR, not City, is solely responsible for payment of the subcontractor for the
amounts owing and that the subcontractor shall have no claim, and shall take no action, against
City ,its officers, directors, employees or sureties for nonpayment by CONTRACTOR.
SUBCONTRACTOR'S NAME/ADDRESS DESCRIPTION OF WORK
CONSULTANT shall also include in the subcontract Agreements the stipulation that the
subcontractors shall maintain adequate insurance coverage compatible to Section Insurance
coverage required from CONTRACTOR.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this
Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in
accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,
for the services performed pursuant to this Agreement. Each invoice shall itemize the services
rendered during the billing period and the amount due. Within ten business days of receipt of
each invoice, City shall notify Consultant in writing of any disputed amounts included on the
invoice. Within thirty calendar days of receipt of each invoice, City shall pay all undisputed
amounts included on the invoice. City shall not withhold applicable taxes or other authorized
deductions from payments made to Consultant.
6.3 Payments for any services requested by City and not included in the Scope of
Services shall be made to Consultant by City on atime-and-materials basis using Consultant's
standard fee schedule. Consultant shall be entitled to increase the fees in this fee schedule at
such time as it increases its fees for its clients generally; provided, however, in no event shall
Consultant be entitled to increase fees for services rendered before the thirtieth day after
Consultant notifies City in writing of an increase in that fee schedule. Fees for such additional
services shall be paid within sixty days of the date Consultant issues an invoice to City for such
services.
7. OWNERSHII' OF WRTPTEN PRODUCTS
All reports, documents or other written material (`written products" herein) developed by
Consultant in the performance of this Agreement shall be and remain the property of City
without restriction or limitation upon its use or dissemination by City. Consultant may take and
retain copies of such written products as desired, but no such written products shall be the
subject of a copyright application by Consultant.
6s~zaz~ ATTACHh~NT
8. RELATIONSHII' OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Consultant or any of Consultant's employees, except as set forth in
this Agreement. Consultant shall not represent that it is, or that any of its agents or employees
are, in any manner employees of City.
9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement aze deemed confidential and shall not
be disclosed by Consultant without prior written consent by City. City shall grant such consent
if disclosure is legally required. Upon request, all City data shall be returned to City upon the
termination or expiration of this Agreement.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should,
to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit,
cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way
related to the performance of this Agreement. Accordingly, the provisions of this indemnity
provision aze intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to City. Consultant acknowledges that City would not enter
into this Agreement in the absence of Consultant's commitment to indemnify and protect City as
set forth herein.
637247.1 ATTACHIvIENT
10.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless
and defend City, its officers, agents, employees and volunteers from and against any and all
claims and losses, costs or expenses for any damage due to death or injury to any person and
injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise
wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants,
agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall
include reasonable attorneys' fees incurred by counsel of City's choice.
10.3 City shall have the right to offset against the amount of any compensation due
Consultant under this Agreement any amount due City from Consultant as a result of
Consultant's failure to pay City promptly any indemnification arising under this Section 10 and
related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this
Agreement or (ii) comply with applicable workers' compensation laws.
10.4 The obligations of Consultant under this Section 10 will not be limited by the
provisions of any workers' compensation act or similar act. Consultant expressly waives its
statutory immunity under such statutes or laws as to City, its officers, agents, employees and
volunteers.
10.5 Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section 10 from each and every subcontractor or any other
person or entity involved by, for, with or on behalf of Consultant in the performance of this
Agreement. In the event Consultant fails to obtain such indemnity obligations from others as
required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and
defend City, its officers, agents, employees and volunteers from and against any and all claims
and losses, costs or expenses for any damage due to death or injury to any person and injury to
any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful
acts, errors or omissions of Consultant's subcontractors or any other person or entity involved
by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and
expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.
10.6 City does not, and shall not, waive any rights that it may possess against
Consultant because of the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement. This hold harmless and indemnification
provision shall apply regazdless of whether or not any insurance policies aze determined to be
applicable to the claim, demand, damage, liability, loss, cost or expense.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in
full force and effect insurance against claims for death or injuries to persons or damages to
property that may azise from or in connection with Consultant's performance of this Agreement.
Such insurance shall be of the types and in the amounts as set forth below:
[The risk for each agreement should be evaluated and the insurance limits should correspond
to such risk as determined by the City's Risk Manager)
6371A7.1 ATTACfIMENT
11.1.1 Comprehensive General Liability Insurance with minimum limits
of One Million Dollazs ($1,000,000) for each occurrence and in the
aggregate for any personal injury, death, loss or damage. [If
consultant is a limited liability company, insert "General liability
coverage shall be amended so that Consultant and its managers,
affiliates, employees, agents, and other persons necessary or
incidental to its operation are insureds. "J
11.1.2 Automobile Liability Insurance for vehicles used in connection
with the performance of this Agreement with minimum limits of
One Million Dollars ($1,000,000) per accident for bodily injury
and property damage.
11.1.3 Worker's Compensation insurance as required by the State of
California.
11.1.4 Professional Liability Insurance with a minimum limit of One
Million Dollazs ($1,000,000) per occurrence.
11.2 Consultant shall require each of its subcontractors to maintain insurance coverage
that meets all of the requirements of this Agreement.
11.3 The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A: VII in the latest edition of
Best's Insurance Guide.
11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and
effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary
insurance and pay, at Consultant's expense, the premium thereon.
11.5 At all times during the term of this Agreement, Consultant shall maintain on file
with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid
policies are in effect in the required amounts. Consultant shall, prior to commencement of work
under this Agreement, file with City's Risk Manager such certificate(s).
11.6 Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Such proof will be furnished at least two weeks prior to the
expiration of the coverages.
11.7 The general liability and automobile policies of insurance required by this
Agreement shall contain an endorsement naming City, its officers, employees, agents and
volunteers as additional insureds. All of the policies required under this Agreement shall contain
an endorsement providing that the policies cannot be canceled or reduced except on thirty days'
prior written notice to City. Consultant agrees to require its insurer to modify the certificates of
insurance to delete any exculpatory wording stating that failure of the insurer to mail written
6372421 ATTACfIMENT
notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to
any notice provisions.
11.8 The insurance provided by Consultant shall be primary to any coverage available to
City. Any insurance or self-insurance maintained by City, its officers, employees, agerrts or
volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.
11.9 All insurance coverage provided pursuant to this Agreement shall not prohibit
Consultant, and Consultant's employees, agents or subcontractors, from waiving the right of
subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
11.10 Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or
self-insured retentions with respect to City, or Consultant shall procure a bond guazanteeing
payment of losses and expenses.
11.11 Procurement of insurance by Consultant shall not be construed as a limitation of
Consultant's liability or as full performance of Consultant's duties to indemnify, hold hazmless
and defend under Section 10 of this Agreement.
12. MUTUAL COOPERATION
12.1 City shall provide Consultant with all pertinent data, documents and other
requested information as is reasonably available for the proper performance of Consultant's
services under this Agreement.
12.2 In the event any claim or action is brought against City relating to Consultant's
performance in connection with this Agreement, Consultant shall render any reasonable
assistance that City may require.
13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered
under this Agreement for a period of three years after the expiration or termination of this
Agreement. City shall have the right to access and examine such records, without chazge, during
normal business hours. City shall further have the right to audit such records, to make transcripts
therefrom and to inspect all program data, documents, proceedings, and activities.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service
during Consultant's and City's regulaz business hours; or (ii) on the third business day following
deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed
below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
637247.1 ATTACHIvIENT
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Facsimile: (909) 384-5190
With a courtesy copy to:
15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 9, Section 10, Paragraph 12.2
and Section 13 of this Agreement shall survive the expiration or termination of this Agreement.
16. TERMINATION
16.1. City shall have the right to terminate this Agreement for any reason on five
calendaz days' written notice to Consultant. Consultant shall have the right to terminate this
Agreement for any reason on sixty calendar days' written notice to City. Consultant agrees to
cease all work under this Agreement on or before the effective date of any notice of termination.
All City data shall be returned to City upon the termination of this Agreement.
16.2 If City terminates this Agreement due to no fault or failure of performance by
Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time
of termination. In no event shall Consultant be entitled to receive more than the amount that
would be paid to Consultant for the full performance of the services required by this Agreement.
17. GENERAL PROVISIONS
17.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights
hereunder, either in whole or in part, without City's prior written consent, and any attempt to do
so shall be void and of no effect. City shall not be obligated or liable under this Agreement to
any party other than Consultant.
17.2 In the performance of this Agreement, Consultant shall not discriminate against
any employee, subcontractor, or applicant for employment because of race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or
sexual orientation. Consultant will take affirmative action to ensure that subcontractors and
applicants aze employed, and that employees aze treated during employment, without regard to their
race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition or sexual orientation.
17.3 The captions appearing at the commencement of the sections hereof, and in any
paragraph thereof, are descriptive only and for convenience in reference to this Agreement.
Should there be any conflict between such heading, and the section or pazagraph thereof at the
head of which it appears, the section or pazagraph thereof, as the case may be, and not such
heading, shall control and govern in the construction of this Agreement. Masculine or feminine
6s~aa~.i ATTACHIv1ENT
pronouns shall be substituted for the neuter form and vice versa, and the plural shall be
substituted for the sin lar form and vice versa, in an lace or laces herein in which the
gu Y P P
context requires such substitution(s).
17.4 The waiver by City or Consultant of any breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term, covenant or
condition or of any subsequent breach of the same or any other term, covenant or condition
herein contained. No term, covenant or condition of this Agreement shall be deemed to have
been waived by City or Consultant unless in writing.
17.5 Consultant shall not be liable for any failure to perform if Consultant presents
acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the
control and without the fault or negligence of Consultant.
17.6 Each right, power and remedy provided for herein or now or hereafter existing at
law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other
right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by
statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the
exercise by any party of any one or more of such rights, powers or remedies shall not preclude
the simultaneous or later exercise by such party of any of all of such other rights, powers or
remedies. In the event legal action shall be necessary to enforce any term, covenant or condition
herein contained, the party prevailing in such action, whether reduced to judgment or not, shall
be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees
expended in such action. The venue for any litigation shall be San Bernardino County,
California.
17.7 If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision
shall be amended to, and solely to, the extent necessary to cure such invalidity or
unenforceability, and in its amended form shall be enforceable. In such event, the remainder of
this Agreement, or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each
term and provision of this Agreement shall be valid and be enforced to the fullest extent
permitted by law.
17.8 This Agreement shall be governed and construed in accordance with the laws of
the State of California.
17.9 All documents referenced as exhibits in this Agreement are hereby incorporated
in this Agreement. In the event of any material discrepancy between the express provisions of
this Agreement and the provisions of any document incorporated herein by reference, the
provisions of this Agreement shall prevail. This instrument contains the entire Agreement
between City and Consultant with respect to the transactions contemplated herein. No other
prior oral or written agreements are binding upon the parties. Amendments hereto or deviations
herefrom shall be effective and binding only if made in writing and executed by City and
Consultant.
6s~za~.i ATTACI-ttVIENT
TO EFFECTUATE THIS AGREEMENT the arties have caused their dul authorized
P Y
representatives to execute this Agreement on the dates set forth below.
"City" "Consultant"
City of San Bernardino [insert consultant's name)
By By:
Judith Valles, Mayor [insert name and title)
Date: Date:
Attest: By
[insert name and title)
By
Rachel Clark, City Clerk
Date:
Approved as to form:
By
James Penman, City Attorney
Date:
s3~za~.~ ATTACHIv1ENT
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