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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
Bernardino authorizing the execution of
an Agreement and issuance of a
Purchase Order in the amount of
$85,200 to EFS West pursuant to
Section 3.04.010 B-3 of the Municipal
Code for the purchase and installation of
three CNG storage bottles from the
County of San Bernardino for the City's
LNG/CNG fueling facility.
Dept: Public Services
Date: October 10, 2008
Meeting Date: October 20, 2008
Synopsis of Previous Council Action:
Recommended Motion:
1). Adopt Resolution.
Contact Person: Ken Fischer, Director
Phone:
5140
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement and Attachment "1"
Ward:
1
FUNDING REQUIREMENTS:
Amount:
$85,200
Source:
$42,600 - Sewer
$42,600 - Refuse
Amount will be included in
the FY 08/09 Budget after
the carryover request.
Council Notes:
f?s,c) ZooJ'"-403
Finance:
Agenda Item No. 2-0
I () , 20, oe
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the execution of an Agreement and issuance of a Purchase Order in the amount of
$85,200 to EFS West pursuant to Section 3.04.010 B-3 of the Municipal Code for the
purchase and installation of three CNG storage bottles from the County of San
Bernardino for the City's LNG/CNG fueling facility.
Background:
The City constructed and commissioned a CNG/LNG fueling station at the City yard.
This facility is used for several City owned vehicles and is also utilized by other public
and private operators of natural gas vehicles. The use of the station has grown with
each passing month. We are now receiving a shipment of 10,000 gallons of liquefied
natural gas approximately every six days. With the opening of the City facility the
County of San Bernardino will be closing its facility and we expect this to cause
additional use of the City facility.
Staff hopes to acquire the three CNG storage bottles that the County uses at its CNG
station and install them at our CNG station. The storage bottles have been pressure
tested and shown to be in good condition. This installation would double the storage
capacity of our CNG station. It would also extend the life of the CNG pumping
equipment by reducing the amount of time the pumps need to stop and start in order to
fill the CNG storage bottles.
If the City were to purchase new CNG storage bottles and install them it would cost
approximately $120,000. Therefore, the $85,000 this upgrade will cost is a prudent step
to take in support of our CNG/LNG facility.
Financial Impact:
Staff recommends using $85,200 of the carryover balance from the LNG/CNG fueling
facility project to pay for this upgrade.
Recommendation:
1). Adopt Resolution.
RESOLUTION NO.
(Qu~)1f
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $85,200 TO EFS
WEST PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR
THE PURCHASE AND INSTALLATION OF THREE CNG STORAGE BOTTLES
FROM THE COUNTY OF SAN BERNARDINO FOR THE CITY'S LNG/CNG
FUELING FACILITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That EFS West is the source most qualified to purchase and
install three CNG storage bottles for the City's LNG/CNG fueling facility, based on their
unique knowledge of LNG/CNG heavy equipment garage modifications to the Fleet
Division heavy equipment maintenance facility.
SECTION 2. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and EFS West, a copy of which is attached hereto, marked as Exhibit "A",
and incorporated herein by this reference as fully set forth at length.
SECTION 3. This purchase is exempt from the formal contract procedures of
Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code, "Purchases approved by the Mayor and Common Council."
SECTION 4. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue a Purchase Order to EFS West in the
amount of $85,200.
SECTION 5. The Purchase Order shall reference this Resolution No.
and shall read, "EFS West for the purchase and installation of three CNG
storage bottles from the County of San Bernardino, not to exceed $85,200" and shall
incorporate the terms and conditions of the agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $85,200 TO EFS
WEST PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR
THE PURCHASE AND INSTALLATION OF THREE CNG STORAGE BOTTLES
FROM THE COUNTY OF SAN BERNARDINO FOR THE CITY'S LNG/CNG
FUELING FACILITY.
SECTION 6. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed within sixty (60) days of the
passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $85,200 TO EFS
WEST PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR
THE PURCHASE AND INSTAllATION OF THREE CNG STORAGE BOTTLES
FROM THE COUNTY OF SAN BERNARDINO FOR THE CITY'S lNG/CNG
FUELING FACILITY.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
day of
, 2008, by the
meeting thereof, held on the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2008.
day of
Patrick J. Morris, Mayor
City of San Bernardino
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ames F. Penman
City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of October 2008, by and
between EFS West ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the CITY to purchase and install three CNG storage bottles for the
City's LNG/CNG fueling facility; and
WHEREAS, the City of San Bernardino has determined that the vendor possesses the
professional skills and ability to provide said services for the City.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated m Section 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in Attachment "I" for
the purchase and installation of three CNG storage bottles for the City's LNG/CNG fueling
facility.
2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $85,200 for the purchase and installation of three CNG storage
bottles for the City's LNGICNG fueling facility as set forth in Attachment "1".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one (I) year.
Exhibit "A"
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This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
Exhibit "A"
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
Exhibit "A"
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
EFS West
14823 Califa Street
Van Nuys, CA 91411
Telephone: (818) 267-2400
Contact: Art Babcock
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
Exhibit "A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provIsIOns.
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
III
Exhibit "A"
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VENDOR SERVICE AGREEMENT
EFS WEST
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2008
,2008
Dated
Approved as to Form:
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
City Manager
By:
James F. Penman, City Attorney
Exhibit "A"
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of October 2008, by and
between EFS West ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the CITY to purchase and install three CN G storage bottles for the
City's LNG/CNG fueling facility; and
WHEREAS, the City of San Bernardino has determined that the vendor possesses the
professional skills and ability to provide said services for the City.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in Section 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in Attachment "I" for
the purchase and installation of three CNG storage bottles for the City's LNG/CNG fueling
facility.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $85,200 for the purchase and installation of three CNG storage
bottles for the City's LNG/CNG fueling facility as set forth in Attachment "I".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one (I) year.
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This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omISSIOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 ofthe California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
EFS West
14823 Califa Street
Van Nuys, CA 91411
Telephone: (818) 267-2400
Contact: Art Babcock
9. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws ofthe State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
14. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
prOVISIons.
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
III
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VENDOR SERVICE AGREEMENT
EFS WEST
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
Dated
,2008
VENDOR
By:
Its:
,2008
CITY OF SAN BERNARDINO
By:
City Manager
Approved as to Form:
7 . f!c~
es F. Penman, City Attorney
--.-'
Attachmenf"f"
EFS WEST
CHANGE ORDER REQUEST No. 13
PROJECT: LCNG1CNG
EFS West Job # 706011 Date: 2/08l0B
LOCATION: City of San Bernardino
To: Tony Frossard
EXPLANATION:
This Change Order Request is for the costt~ purchase and install three additional CNG storage bottles at this
location. The city has made arrangements for us to purchase three bottles from the county which we will
relocate to the cny site, including the crane, transportation and connecting them to the three existing bottles.
This will double the city's current storage capacity and benefit the equipment by allowing it to run for a longer
cycle while filling the bottles and will reduce the wear on the pumping equipment created by shorter more.
frequent stop and go cycles. This should reduce the stress on the pumping equipment and extend the life
expectancy of the equipment.
This price is based on the county seillng EFS West three storage bottles at the county yard located off of Third
51. in San Bernlilrdino and that the bottles and PRV valves have been recertified for the price of $ 55,000.00.
We will include the crane to load and off load the bottles and a flat bed truck to transport them to the city site.
We will install Tee fittings in the existing tubing and connect all three bottles into the system. We wliI core drill
holes in the concrete and epoxy sixteen new anchor boits into the existing foundation. (tank is in as is condition)
RECAP
TOTAl G.C. LABOR COSTS.....:............................................................................
TOTAl G.C. MATERIAl' COSTS.........................................................................
TOTAl SUBCONTRACTOR COSTS...................................................................
OVERHEAD & PROFIT:
G.C. Labor markup@ .................... 20% $1,106.40
G.C. Material markup @ ................ 15% $9,642.02
G.C. markup of Subs < 5.000@..... 10% $266.00
G.C. markup> $5,000.00 @ 5% $0.00
TOTAL OVERHEAD & PROFIT.......................................................................... $11,016.42
SUBTOTAl ITEMS ABOVE.......................................................................................................
BONDS & INSURANCE:
Contract # 11 B42
Roqueeled by: Clly
$5,532.00
$64,280.12
$2,680.00
$83,50B.54
Gen. UablJity Insurance@ .............
Payment & Performance Bonds @
TOTAL BONDS & INSURANCE
0%
2%
$0.00
$1,670.17
$0.00
$1,670.17
. TOTAL
The Contract Time Is proposed to be adjusted by an increase of 5 days.
APPROVAlS
rties; this document becomes effective immediately and the contractor Is
ith the changes.
Architect
$85,178.71
When signed by all
directed to procH
Contractor
Date:
Date:
Date:
Owner
By:
Approved by:
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