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HomeMy WebLinkAbout28-Public Services r ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino ratifying submittal of a grant application for the FY 06/07 Mobile Date: July 2, 2008 Source Reduction Committee Funding for Maintenance Facility Modifications Program to assist in the modifications needed in order to service and maintain LNG and CNG powered vehicles indoors at the Public Services Department Fleet Division and authorizing the City Manager to execute a contract accepting the grant. Meeting Date: July 7, 2008 Synopsis of previous Council Action Reso. 2006-405 11/21/06 Ratified submittal of grant application for FY05/06 Carl Moyer Air Quality Grant program. Recommended Motion: Adopt resolution. ignature Contact person Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, SCAQMD grant contract. Ward: All FUNDING REQUIREMENTS: Amount: Grant Revenues $350,000.00 Source: Finance: Council Notes: iC�so Z°°6— Agenda Item No. -7/�/O CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the FY 06/07 Mobile Source Reduction Committee Funding for Maintenance Facility Modifications Program to assist in the modifications needed in order to service and maintain LNG and CNG powered vehicles indoors at the Public Services Department Fleet Division and authorizing the City Manager to execute a contract accepting the grant. Background: Fleet staff has identified a South Coast Air Quality Management District, MSRC Funding opportunity that will allow the City of San Bernardino participation in the FY 2006/2007 MSRC Funding for Maintenance Facility Modifications Program. This SCAQMD Program offers a maximum of up to $350,000.00 to help fund the cost of maintenance facility modifications needed in order to service and maintain the City's fleet of natural gas powered vehicles at the Fleet Division. These modifications are required in order to comply with various State and local regulations regarding servicing of LNG and CNG vehicles indoors. On March 21, 2007 Fleet staff attended a bidders' conference for the program and was informed the first date of application to be April 3, 2007. Due to the short time frame Fleet staff was not able to present the item to Grants Ad/Hoc Committee. This item was not brought forward to the Mayor and Common Council until the contracts were received from MSRC, which was on April 21, 2008. On September 7t", 2007 the South Coast Air Quality Management District's Governing Board approved funding for the City of San Bernardino's application. Attached for your review is a copy of the SCAQMD MSRC Proposal #PA2007-09-3 funding notification letter and Contract #ML07025 (see exhibit #1). The award is a reimbursement that will be paid after the modification project is completed, which is expected to take ten months beginning in FY 08/09. The reimbursement amount is the maximum for a total award of $350,000.00. Financial Impact: The $350,000.00 of revenue is a reimbursement to be received after project completion and will be deposited by percentage back into the contributing funds as determined by the Finance Department. These funds will be received in late FY 08/09 or early FY 09/10 and the contributing funds will be adjusted accordingly. Recommendation: Adopt resolution. r RECOVED 21865 Copley Drive Diamond Bar s CA 91765 CleanTransportation 909.396.3269 MON Funding from the MSRC fax 909.396.3682 Mobile Source Air Pollution Reduction Review Committee September 12, 2007 Don Johnson Fleet Manager City of San Bernardino 182 S. Sierra Way San Bernardino, CA 92408 Subject: MSRC Proposal #PA2007-09-3 Funding For Maintenance Facility Modifications Dear Mr. Johnson: The South Coast Air Quality Management District Governing Board approved funding for your project on September 7, 2007. Congratulations on the success of your MSRC proposal and subsequent award of funds in the amount of $350,000. MSRC staff will contact you with a contract detailing how work, payments, reports, etc., will occur. Generally, you should not start work until a contract has been executed. Any costs incurred prior to contract execution shall be incurred solely at your own risk. If you have any questions regarding this award of funds or the process that will take place, please contact me at (909) 396-3269. 1 look forward to working with you. Sincerely, Cynthia Ravenstein MSRC Contracts Administrator cynthia(&cleantransportationfunding.org MEMBER ORGANIZATIONS: California Air Resources Board - Los Angeles County Metropolitan Transportation Authority- Orange County Transportation Authority - Riverside County Transportation Commission - San Bernardino Associated Governments -South Coast Air Quality Management District -Southern California Association of Governments - Regional Ridesharing Agency COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION FOR THE FY06/07 MOBILE SOURCE REDUCTION COMMITTEE FUNDING FOR 4 MAINTENANCE FACILITY MODIFICATIONS PROGRAM TO ASSIST IN THE 5 MODIFICATIONS NEEDED IN ORDER TO SERVICE AND MAINTAIN LNG AND CNG POWERED VEHICLES INDOORS AT THE PUBLIC SERVICES DEPARTMENT 6 FLEET DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING THE GRANT. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1. That the Mayor and Common Council of the City of San 10 Bernardino ratifies the submittal of an application to the South Coast Air Quality 11 12 Management District to participate in the FY06/07 Mobile Source Reduction 13 Committee Funding for Maintenance Facility Modifications Program, in the amount of 14 $350,000.00 for the modifications needed in order to service and maintain LNG and 15 CNG powered vehicles indoors at the Public Services Department, Fleet Division. 16 These modifications are required in order to comply with various State and local 17 regulations regarding servicing of LNG and CNG vehicles indoors. 18 SECTION 2. The City Manager, or his designee, is hereby authorized to 19 20 execute a Contract with South Coast Air Quality Management District accepting the 21 grant, a copy of which is attached hereto and incorporated herein as Exhibit "A." 22 23 24 /ll 25 26 27 28 HI 7 July 2,2008 /0'9 D - IM*IIPII�1l�F . f, 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO RATIFYING SUBMITTAL OF A GRANT APPLICATION FOR THE FY06/07 MOBILE SOURCE REDUCTION COMMITTEE FUNDING FOR 3 MAINTENANCE FACILITY MODIFICATIONS PROGRAM TO ASSIST IN THE MODIFICATIONS NEEDED IN ORDER TO SERVICE AND MAINTAIN LNG AND 4 CNG POWERED VEHICLES INDOORS AT THE PUBLIC SERVICES DEPARTMENT 5 FLEET DIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ACCEPTING THE GRANT. 6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 7 Mayor and Common Council of the" City of San Bernardino at a 8 9 meeting thereof, held on the day of 2008, by the 10 following vote, to wit: 11 Council Members: AYES NAYS ABSTAIN ABSENT 12 ESTRADA 13 BAXTER 14 BRINKER 15 16 DERRY 17 KELLEY 18 JOHNSON 19 MCCAMMACK 20 21 Rachel G. Clark, City Clerk 22 The foregoing resolution is hereby approved this day of , 2008. 23 24 Patrick J. Morris, Mayor 25 City of San Bernardino Approved as to Form: 26 27 jity 28 mes F.kn m an Attorney July 2, 2008 Exhibit A Contract No. ML07025 South Coast Clean Transportation Funding Irom the-MSRC Air Quality Management District ..�..,.-° -° °��-�`�°-.���..._��.... � Exhibit "A" LOCAL GOVERNMENT MATCH PROGRAM CONTRACT 1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the the City of San Bernardino (hereinafter referred to as "CONTRACTOR") whose address is 182 South Sierra Way, San Bernardino, California 92408. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State). AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act. B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee, By taking such action the State's Department of Motor Vehicles (DMV)-is required to collect such fee and remit it periodically to AQMD. C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR's Local Government Match Program Application dated March 13, 2007. 3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. RECEIVED r_1 CET rV\/110L0N .i r Exhibit "All Contract No. ML07025 5 REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. 6. TERM - The term of this Contract is for Twenty Three (23) months from the date of execution by both parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD prior to the termination date. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up to an additional six months at no additional cost. Term extensions greater than six months must be reviewed and approved by the MSRC. 7. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause 13 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 8. EARLY TERMINATION —This Contract may be terminated early due to any of the following circumstances: A. The vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. 9. INSURANCE — CONTRACTOR represents that it is permissibly self-insured and will maintain such self- insurance in accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Risk Management Office. The AQMD Contract Number shall be included on the face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with either California or other state's applicable statutory requirements. 2 Exhibit "A" Contract No. ML07025 I , B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or$1,000,000 combined single limit for bodily injury or property damage. 10. INDEMNIFICATION — CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 11 PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Three Hundred Fifty Thousand Dollars ($350,000) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a Final Report detailing the project goals and accomplishments. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the project described in Attachments 1, 2, and 3 of this Contract. F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis as described in Attachment 2. G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. Exhibit "A" Contract No. ML07025 B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 13. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator CONTRACTOR: City of San Bernardino 182 South Sierra Way San Bernardino, CA 92408 Attn: Don Johnson 14, EMPLOYEES OF CONTRACTOR A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed 4 • r, Exhibit "A" Contract No. ML07025 under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 15. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, of seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in each such subcontract language similar to this clause. 16. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 17. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the prior written consent of the other, and any attempt by either party to do so shall be void upon inception. 18. NON-EFFECT OF WAIVER— CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 19. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 20. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 21. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 22. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 5 Exhibit "A" Contract No. M L07025 23. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 24. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 25. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 26. PREVAILING WAGES — CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's headquarters, of which shall be made available to any interested party on request. Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 27. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 28. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. The Statement of Work - Attachment 1, The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by reference herein and made a part hereof. 29. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on CONTRACTOR. 6 Exhibit "A" Contract No, ML07025 IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF SAN BERNARDINO By: By: Dr.William A.Burke,Chairman, Governing Board Name: Title: Date. Date: ATTEST: APPROVED AS TO FORM: Saundra McDaniel,Clerk of the Board James F. Penman, City Attorney By:_ By: APPROVED AS TO FORM: Kurt R.Wiese, District Counsel By: _ 11MSRC06Loca1GovtMatch Updated 03/17/08 7 Attachment 1 Exhibit "A" Statement of Work City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 Project Description CONTRACTOR shall make modifications to its vehicle maintenance facility in order to accommodate the maintenance and repair of natural gas-fueled vehicles. Statement of Work Maintenance Facility Modifications CONTRACTOR shall perform modifications to its maintenance facility as specified in Attachment 3, Maintenance Facility Modification Specifications. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the facility modifications to accommodate natural gas-fueled vehicles. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. Project Schedule (based on date of Contract execution) Task Completion Send out Request for Qualifications Month 2 Award Designer Approval Month 3 Design Month 6 Send out Request for Proposal for Month 10 Construction Award Approval of Construction Month 11 Submit Public Outreach Plan Month 16 Construction Month 19 Implement Public Outreach Plan Month 20 Quarterly Reports Months 4,7,10,13,16, and 19 Final Report Month 21 Hardware: Motor control center, propane powered generator and fuel tank, methane detection system, alarm system, space heaters, ventilation fans, ductwork, door motors, and emergency lighting. Attachment 1 Statement of work — continued Exhibit "A" City of San Bernardino Hereinafter Referred to as CONTRACTOR F Contract Number ML07025 Reports: Quarterly: Contractor shall provide quarterly Progress Reports that summarize the project results to date including, but not limited to: equipment acquisition; achievement of milestones; preliminary findings and recommendations for completion of contract; and any project delays or problems encountered and recommended solutions. Progress Reports that do not comply will be returned to the Contractor as inadequate. Final Report: A final report shall be submitted by the CONTRACTOR in the format provided by, and in the manner directed by, AQMD staff. Report shall include, at a minimum: a) an executive summary; b) a detailed discussion of the results and conclusions of this project; c) photos illustrating the project; and d) any media/outreach materials and news clippings generated by the project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, as well as impact on near and long term alternative fuel vehicle goals. The MSRC will provide at least 30 days' notice if CONTRACTOR will be required to prepare and present the final report at a meeting of the MSRC. In the event the CONTRACTOR files for bankruptcy or becomes insolvent or discontinues this project, no items revert to the AQMD for disposition into the AB 2766 Discretionary Fund account. 2 Attachment 2 Payment Schedule Exhibit "A" City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 Cost Breakdown Total Local Gov't Purchase MSRC Funds Total Cost Category Costs Applied Maintenance $350,000 $404,498 $754,498 Facility Modifications Reimbursement will be made only after verification of project completion. At a minimum, acceptable verification shall consist of: • Representative photos of completed modifications; • a report signed by a responsible official certifying that the facility upgrades have been completed as described in Attachments 1 and 3; and • invoice(s) from subcontractor(s) performing the installations, if any. All invoices subject to this contract must be received according to the schedule shown in Attachment 1. An amount equal to ten percent will be withheld from each invoice and will be released upon submission and approval of CONTRACTOR'S final report. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, so that: • the amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall not exceed 50% of actual combined equipment and installation costs, including delivery and taxes. 3 Attachment 3 Supporting Documentation Exhibit "Al. City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 The supporting documents attached hereto as Attachment 3, represent obligations of the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or obligations by the AQMD or granting any rights to third parties against the AQMD. 1 . Maintenance Facility Modification Specifications 2. Fleet Division Area Map 3. Proof of Insurance. 1 i 7 4 Attachment 3 Supporting Documentation Exhibit "A" City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 1. Maintenance Facility Modification Specifications At a minimum, the following modifications shall be made at the CONTRACTOR'S maintenance facility located at 182 So. Sierra Way, San Bernardino, California. Maintenance facility shall remain operational during the facility modifications. a. Removal of current gas heaters b. Remove existing exhaust fan systems C. Remove overhead door motors d. Replacement of existing electrical conduit and circuits e. Transfer of emergency generator electrical loads f. Physical isolation of the Heavy Equipment Bays g. Installation of methane detection system and alarm system h. Install new space heaters with automatic gas shutoff valves i. Install new ventilation fans and ductwork including overpressure fans j. Install new explosion proof door motors with automatic openers controlled by methane sensors k. Install emergency lighting in heavy equipment bays, powered by new generator a I. Install motor control center for new equipment and systems specified above M. Install liquefied petroleum gas-powered generator, fuel tank and enclosure to power new systems 5 iI Attachment 3 Supporting Documentation �� City of San Bernardino Exhibit ��A Hereinafter Referred to as CONTRACTOR Contract Number ML07025 -k 3 = 3 0 0 o p Hwy Equipment Shop t3 3 a e � =r O � M �. 1 30 3� W � C Z � o c c rr yL----------------- .. ' II i Exhibit "A" City of San Bemardmo Human Resouroes/Risk Management Division 300 N 'D'Street San Semardino.CA 92418 Sal bn III Linn Livingston Fred Wilson Human Resources Director city Adrranistrator CERTIFICATE OF INSURANCE OR SELF-INSURANCE In the event of cancellation of the self-insurance programs or policies designated below,it is the intent of the City of San Bernardino to maintain 30 days'prior notice thereof to: MSRC Contracts Administrator South Coast Air Quality Management District 21865 Copley Drive Diamond Bar,CA 91765-4178 The City of San Bernardino certifies that the following self-insurance programs or insurance porries are in force: The City of San Bernardino and the South Coast Air Quality Management District are named as additional insured insofar as this certificate is concerned. LIMITS OF LIABILITY COMPANY AND POLICY TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property Damage Comprehensive General Liability Seff-insured Indefinite $1,000,000 Combined Single Limits Ind.Auto Liability Excess Comprehensive General Liability Ind.Auto Liability Workers' Compensation Sen-insured Indefinite Sleturory No coverage O T H E R This certificate is not valid unless countersigned by an authorized representative of the City of San Bernardino,Risk Management Division. Linn Livingston Director of Human Resources February 21.2007 City of San Bernardino t")k mug �L Date Authorized Representative Signature For information regarding the above self-insurance policies,please contact Risk Management Divisi 19)384-5308. to Contract No. ML07025 South Coast Clean Transportation Air Quality Mana-2ement District � ,.`°m '^e nnsac LOCAL GOVERNMENT MATCH PROGRAM CONTRACT 1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765-4178, and the the City of San Bernardino (hereinafter referred to as "CONTRACTOR") whose address is 182 South Sierra Way, San Bernardino, California 92408. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State). AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act. B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV)-is required to collect such fee and remit it periodically to AQMD. C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. D AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Attachment 1 - Statement of Work expressly incorporated herein by this reference and made a part hereof of this Contract. E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR's Local Government Match Program Application dated March 13, 2007. 3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. RECEIVED �eR ` 1 200E r rr—T r %itc%Le%� Contract No. ML07025 5. REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of Work. AQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. 6. TERM - The term of this Contract is for Twenty Three (23) months from the date of execution by both parties, unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD prior to the termination date. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may extend the Contract up to an additional six months at no additional cost. Term extensions greater than six months must be reviewed and approved by the MSRC. 7. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause 13 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all noncancellable commitments incurred in performance of this Contract through the effective date of termination for any reason other than breach. 8. EARLY TERMINATION —This Contract may be terminated early due to any of the following circumstances: A. The vehicles or equipment become inoperable through mechanical failure of components or systems directly related to the alternative fuel technology being utilized and such failure is not caused by CONTRACTOR'S negligence, misuse, or malfeasance. B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. 9. INSURANCE — CONTRACTOR represents that it is permissibly self-insured and will maintain such self- insurance in accordance with applicable provisions of California law throughout the term of this Contract. CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD below. CONTRACTOR shall furnish certificate of self-insurance to: South Coast Air Quality Management District, Attn: Risk Management Office. The AQMD Contract Number shall be included on the face of the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with either California or other state's applicable statutory requirements. 2 Contract No. ML07025 B. General Liability insurance with a limit of at least$1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or$1,000,000 combined single limit for bodily injury or property damage. 10. INDEMNIFICATION — CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 11. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Three Hundred Fifty Thousand Dollars ($350,000) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a Final Report detailing the project goals and accomplishments. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the project described in Attachments 1, 2, and 3 of this Contract. F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and/or infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis as described in Attachment 2. G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. 3 Contract No. ML07025 B. CONTRACTOR has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766-MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. CONTRACTOR would then receive the balance of the MSERCs not associated with AB 2766 funding. 13. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765-4178 Attn: Cynthia Ravenstein, MSRC Contract Administrator CONTRACTOR: City of San Bernardino 182 South Sierra Way San Bernardino, CA 92408 Attn: Don Johnson 14, EMPLOYEES OF CONTRACTOR A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed 4 Contract No. ML07025 under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 15. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, of seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in each such subcontract language similar to this clause. 16. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 17. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the prior written consent of the other, and any attempt by either party to do so shall be void upon inception. 18. NON-EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or all of the terms., covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 19. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 20. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 21. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 22. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 5 Contract No. ML07025 23. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 24. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 25. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 26. PREVAILING WAGES — CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's headquarters, of which shall be made available to any interested party on request. Notwithstanding the preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend and hold harmless the South Coast Air Quality Management District against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 27. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR, submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures. CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 28. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. The Statement of Work - Attachment 1, The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by reference herein and made a part hereof. 29. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on CONTRACTOR. 6 Contract No. ML07025 IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF SAN BERNARDINO By: By: Dr.William A. Burke, Chairman, Governing Board Name: Title: Date: Date: ATTEST APPROVED AS TO FORM: Saundra McDaniel, Clerk of the Board James F. Penman, City Attorney By: -- B y• APPROVED AS TO FORM: Kurt R.Wiese, District Counsel By: _ 11MSRC06Loca1GovtMatch Updated 03112108 7 Attachment 1 Statement of Work City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 Project Description CONTRACTOR shall make modifications to its vehicle maintenance facility in order to accommodate the maintenance and repair of natural gas-fueled vehicles. Statement of Work Maintenance Facility Modifications CONTRACTOR shall perform modifications to its maintenance facility as specified in Attachment 3, Maintenance Facility Modification Specifications. Promotion CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the facility modifications to accommodate natural gas-fueled vehicles. Acceptable outreach may include, but is not limited to, notices in CONTRACTOR mailings to residents, newspaper notices, flyers, and information items at CONTRACTOR Board meetings and community events. The Public Outreach Plan shall automatically be deemed approved 30 days following receipt by AQMD staff, unless AQMD staff notify CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall implement the approved Public Outreach Plan in accordance with the Project Schedule below. Project Schedule (based on date of Contract execution) Task Completion Send out Request for Qualifications Month 2 Award Designer Approval Month 3 Design Month 6 Send out Request for Proposal for Month 10 Construction Award Approval of Construction Month 11 Submit Public Outreach Plan Month 16 Construction Month 19 Implement Public Outreach Plan Month 20 Quarterly Reports Months 4,7,10,13,16, and 19 Final Report Month 21 Hardware: Motor control center, propane powered generator and fuel tank, methane detection system, alarm system, space heaters, ventilation fans, ductwork, door motors, and emergency lighting. Attachment 1 Statement of Work — continued City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 Reports: Quarterly: Contractor shall provide quarterly Progress Reports that summarize the project results to date including, but not limited to: equipment acquisition; achievement of milestones; preliminary findings and recommendations for completion of contract; and any project delays or problems encountered and recommended solutions. Progress Reports that do not comply will be returned to the Contractor as inadequate. Final Report: A final report shall be submitted by the CONTRACTOR in the format provided by, and in the manner directed by, AQMD staff. Report shall include, at a minimum: a) an executive summary; b) a detailed discussion of the results and conclusions of this project; c) photos illustrating the project; and d) any media/outreach materials and news clippings generated by the project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, as well as impact on near and long term alternative fuel vehicle goals. The MSRC will provide at least 30 days' notice if CONTRACTOR will be required to prepare and present the final report at a meeting of the MSRC. In the event the CONTRACTOR files for bankruptcy or becomes insolvent or discontinues this project, no items revert to the AQMD for disposition into the AB 2766 Discretionary Fund account. 2 Attachment 2 Payment Schedule City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 Cost Breakdown Total Local Gov't Purchase MSRC Funds Total Cost Category Costs Applied Maintenance $350,000 $404,498 $754,498 Facility Modifications Reimbursement will be made only after verification of project completion. At a minimum, acceptable verification shall consist of: • Representative photos of completed modifications; • a report signed by a responsible official certifying that the facility upgrades have been completed as described in Attachments 1 and 3; and • invoice(s) from subcontractor(s) performing the installations, if any. All invoices subject to this contract must be received according to the schedule shown in Attachment 1 . An amount equal to ten percent will be withheld from each invoice and will be released upon submission and approval of CONTRACTOR'S final report. If, at the completion of the Project, the expenditures are less than the Total Cost amount above, the actual amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated basis, so that: • the amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall not exceed 50% of actual combined equipment and installation costs, including delivery and taxes. 3 Attachment 3 Supporting Documentation City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 The supporting documents attached hereto as Attachment 3, represent obligations of the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or obligations by the AQMD or granting any rights to third parties against the AQMD. 1. Maintenance Facility Modification Specifications 2. Fleet Division Area Map 3. Proof of Insurance. 4 Attachment 3 Supporting Documentation City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 1. Maintenance Facility Modification Specifications At a minimum, the following modifications shall be made at the CONTRACTOR'S maintenance facility located at 182 So. Sierra Way, San Bernardino, California. Maintenance facility shall remain operational during the facility modifications. a. Removal of current gas heaters b. Remove existing exhaust fan systems C. Remove overhead door motors d. Replacement of existing electrical conduit and circuits e. Transfer of emergency generator electrical loads f. Physical isolation of the Heavy Equipment Bays g. Installation of methane detection system and alarm system h. Install new space heaters with automatic gas shutoff valves i. Install new ventilation fans and ductwork including overpressure fans j. Install new explosion proof door motors with automatic openers controlled by methane sensors k. Install emergency lighting in heavy equipment bays, powered by new generator 1. Install motor control center for new equipment and systems specified above M. Install liquefied petroleum gas-powered generator, fuel tank and enclosure to power new systems Attachment 3 Supporting Documentation ` City of San Bernardino Hereinafter Referred to as CONTRACTOR Contract Number ML07025 aUO a o G o o r Hisiy Equipment Shop o` p 3 a L z C � A r 0 Oft CD .. o C fl n � r g O s n C rr, p Y a ' City of San Bemardino Human Resources/Risk Management Civisron 300 N -D'Street San Bernardino.CA 92418 Sal It'd Ill Linn Livingston Fred W'kson Human Resources Director Co Administrator CERTIFICATE OF INSURANCE OR SELF-INSURANCE In the event of cancellation of the self-insurance programs or policies designated below,d is the intent of the City of San Bemardino to maintain 30 days'pnor notice thereof to: MSRC Contracts Administrator South Coast Air Quality Management District 21865 Copley Drive Diamond Bar,CA 91765-4178 The City of San Bemardino certifies that the following self-insurance programs or insurance policies are in force: The City of San Bernardino and the South Coast Air Quality Management District are named as additional insured insofar as this certificate is concerned. LIMITS OF LIABILITY COMPANY AND POLICY TYPE OF COVERAGE POLICY NO. PERIOD Bodily Injury Property Damage Comprehensive General Liability SeN-nsured Indefinite $1,000,000 Combined Single Limits Ind.Auto Liability Excess Comprehensive General Lability Ind.Auto Lability Workers' Compensation Safi-insured Indefinite Statutory No coverage O T H E R This certificate is not valid unless countersigned by an authonzed representative of the City of San Bernardino,Risk Management Division. Linn Livingston Director of Human Resources February 21,2007 City of San Bernardino �Sk ,_ Date Authorized Representative Signature For information regarding the above self-insurance policies,please contact Risk Management Divisi 9)3845308. 10