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HomeMy WebLinkAbout16-Public Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Public Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $81,300 to GEO-CAL Incorporated of San Bernardino for the purchase and installation of a vapor recovery system for the City's gasoline fuel island as required by AQMD Rule 461. From: Ken Fischer, Director Date: February 9, 2009 Meeting Date: February 17, 2009 Synopsis of Previous Council Action: Recommended Motion: 1) Adopt Resolution. j:~= Signature Contact person: Don Johnson, Fleet Manager Phone: 5220 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "1", "2" & "3" Ward: 1 FUNDING REQUIREMENTS: Amount: $81 ,300 Source: FY 08-09 Account No. 635-341-5706 (Alterations &Renovations) Finance: Council Notes: &sa Zt>(;')9~..29 Agenda Item No. ~ (p 1- ~11- Oq CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a Purchase Order in the amount of $81,300 to GEO-CAL Incorporated of San Bernardino for the purchase and installation of a vapor recovery system for the City's gasoline fuel island as required by AQMD Rule 461. Background: California State law requires that "all retail and non-retail gasoline dispensing facilities (GDF) with underground storage tanks be equipped with a certified Phase II Enhanced Vapor Recovery System." The deadline for this requirement is April 1, 2009. This requirement is necessary to further reduce emissions/smog of gasoline vapors, which contain toxic compounds. According to notification provided by AQMD, failure to comply by the applicable deadline will result in closure of the gasoline dispensing operation and may result in significant penalties. The South Coast Air Quality Management District (AQMD) is required to implement and enforce this State requirement (Attachment "1 "). The City was notified on July 24, 2008 by State regulatory agencies that a Compliance Plan was due by October 1, 2008 to ensure compliance with this requirement. Staff completed the Compliance Plan forms and they were submitted to AQMD by the October 1, 2008 deadline. On November 25, 2008, Public Services staff sought proposals for the purchase and installation of a vapor recovery system for the City's gasoline fuel island. Notices of bids were mailed to nine (9) vendors. All interested vendors were required to attend a mandatory job walk on Tuesday, December 9, 2008 at the Fleet Division Office located at 182 S. Sierra Way, San Bernardino. Six (6) vendors attended the job walk. Proposals were due by 3 p.m. on Thursday, January 8, 2009. Three (3) bids were received. GEO-CAL Incorporated of San Bernardino was determined to be the lowest bid. The bid requested pricing for the purchase and installation of a vapor recovery system. The vendor, their business location, and their price are listed below: Name 1. GEO-CAL Incorporated 2. Environmental Project Services 3. EFS West 4. Inland Petroleum Equipment 5. Slunaker Construction 6. P.F. Services 7. Spencer & Jones 8. R.Y. Rodriguez Incorporated 9. WSK & Sons Location San Bernardino, CA San Bernardino, CA Valencia, CA Bloomington, CA Riverside, CA Upland, CA Colton, CA Ontario, CA Yucaipa, CA Bid Price $ 81,300 $151,140 $198,000 Non-responsive Non-responsive Non-responsive Non-responsive Non-responsive Non-responsive CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report- Continued GEO-CAL Incorporated is being recommended to purchase and install the vapor recovery system. Attached is a cost proposal and task description of services that GEO-CAL Incorporated will provide (Attachment "3"). Staff recommends that GEO-CAL Incorporated be issued a Purchase Order in the amount of $81,300 for the purchase and installation of a vapor recovery system for the City's gasoline fuel island as required by AQMD Rule 461. GEO-CAL Incorporated is a local vendor. The work is expected to be completed by the April 1 , 2009 deadline. Financial Impact: Staff anticipated the cost for the purchase and installation of the vapor recovery system to be approximately $80,000, and staff budgeted accordingly. However, due to recent cost increases in materials and supplies, staff will need an additional $1,300 to complete the project. Fleet will transfer the additional $1,300 from its current operational FY 08-09 budget to cover the difference. Recommendation: 1) Adopt Resolution. RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $81,300 TO GEO-CAL INCORPORATED OF SAN BERNARDINO FOR THE PURCHASE AND INSTALLATION OF A VAPOR RECOVERY SYSTEM FOR THE CITY'S GASOLINE FUEL ISLAND AS REQUIRED BY AQMD RULE 461. WHEREAS, GEO-CAL Incorporated submitted the lowest bid for the purchase and installation of a vapor recovery system for the City's gasoline fuel island as required by AQMD Rule 461; BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Vendor Service Agreement between the City of San Bernardino and GEO-CAL Incorporated, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by this reference as fully as 16 though set forth at length. 17 18 19 20 21 22 SECTION 2. Pursuant to this determination the Director of Finance or her designee is hereby authorized to issue a Purchase Order to GEO-CAL Incorporated in the amount of $81,300. SECTION 3. The Purchase order shall reference this Resolution No. 2009 and shall read, "GEO-CAL Incorporated for the purchase and 23 installation of a vapor recovery system for the city's gasoline fuel island." 24 SECTION 4. The authorization to execute the above referenced Purchase 25 Order and Agreement is rescinded if the Agreement is not executed by both parties 26 within sixty (60) days of the passage of this resolution. 27 28 III ~-/7~O~ #/6 23 24 25 26 By: 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $81,300 TO GEO-CAL INCORPORATED OF SAN BERNARDINO FOR THE PURCHASE AND INSTALLATION OF A VAPOR RECOVERY SYSTEM FOR THE CITY'S GASOLINE FUEL ISLAND AS REQUIRED BY AQMD RULE 461. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 2009, by the day of following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER . BRINKER 14 VACANT KELLEY 15 16 JOHNSON 17 MCCAMMACK 18 19 20 21 22 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2009. day of Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: J es F. Penman i Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 17th day of February 2009, by and between Geo-Callncorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the CITY is obligated to comply with South Coast Air Quality Management District Rule 461, a copy of which is attached hereto and incorporated herein as Attachment "1"; and WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase and installation of a vapor recovery system for the City's gasoline fuel island; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for purchase and installation of a vapor recovery system for the City's gasoline fuel island. NOW, THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES. For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in the City performance specifications attached hereto as Attachment "2" and as described in its bid dated January 23, 2009, attached hereto, marked Attachment "3" and incorporated herein by this reference as fully as though set forth at length. Exhibit "A" 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. COMPENSA nON AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $81,300 to provide and perform those products and services described in Section 1 above. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be for a period of one (1) year. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omISSIonS. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with Exhibit "A" 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and Exhibit "A" 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Geo-Callncorporated P.O. Box 9493 San Bernardino, CA 92427 Telephone: (909) 880-1146 Contact: Henry Olivier 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. Exhibit "A" 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ] 1. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. ]2. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIOns. Exhibit "A" 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. III III III III III III III III III III III III III Exhibit "A" 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT GEO-CAL INCORPORATED IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. ,2009 VENDOR. Dated: By: Its: ,2009 CITY OF SAN BERNARDINO Dated By: City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 17th day of February 2009, by and between Geo-Cal Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the CITY is obligated to comply with South Coast Air Quality Management District Rille 461, a copy of which is attached hereto and incorporated herein as Attachment "1"; and WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for the purchase and installation of a vapor recovery system for the City's gasoline fuel island; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for purchase and installation of a vapor recovery system for the City's gasoline fuel island. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in the City performance specifications attached hereto as Attachment "2" and as described in its bid dated January 23, 2009, attached hereto, marked Attachment "3" and incorporated herein by this reference as fully as though set forth at length. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $81,300 to provide and perform those products and services described in Section I above. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this agreement shall be for a period of one (I) year. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any'notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Geo-Cal Incorporated P.O. Box 9493 San Bernardino, CA 92427 Telephone: (909) 880-1146 Contact: Henry Olivier 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph, 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIons. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 11/ iii iii iii iii iii iii iii iil ill ill Iii Iii 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT GEO-CAL IN CORPORA TED IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: Dated ,2009 VENDOR. By: Its: ,2009 CITY OF SAN BERNARDINO By: City Manager Approved as to Form: By: Ja l! i-, J?; F. Penman, City Attorney 7 ATTACHMENT "1" SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 ; , (909) 396-2000 Website: htto:/Iwww.aamd.aov l~ AQMD Rule 461 Advisorv No. 01-08 Critical Deadline to Install Phase II Enhanced Vapor Recovery Systems AND Recent Amendments to Rule 461 - Gasoline Dispensing Operations Slate of Califomia law requires that all retail and non-retail gasoline dispensing facilities (GDF) with underground storage tanks be equipped with a certified Phase II Enhanced Vapor Recovety system. The deadline for this slate requirement is April 1, 2009. This requirement is one of several in the State's Enhanced Vapor Recovety (EVR) program designed to further reduce emissions of gasoline vapors which contain toxic compounds and which contnbute to the formation of atmosphenc ozone (smog). Failure to comply by the applicable deadline will result in closure of your gasoline dispensing operation and may result in significant penalties. As the regional air pollution control agency, the South Coast Air Quality Management Distnct (AQMD) is responsible for implementing and enforcing these Slate requirements. Presently, the California Air Resources Board (CARB) has certified two Phase II EVR systems: 1. Balance Systems - Vapor Systems Technologies, Inc.(VS1) 2. Vacuum Assist System - Franklin Fueling Systems IncJHealy At this time the likelihood of any additional certified system being commercial~ available in time to meet the up-coming Apnl 2009 installation deadline is doubtful. Amended Rule 461 To ensure time~ compliance with this state requirement, the AQMD adopted amendments to Ruie 461 on March 7, 2008 to require a Compliance Plan if equipment upgrades are not completed by October 1,2008. Highlights of the amendments to the Rule are: 1. The Compliance Plan Requirements, which lists deadlines for the follOWing incremental steps towards completion of Phase II EVR upgrades: a. Application submittai b. Installation contract c. Equipment order 2. Pertormance and re-verification testing schedule revisions 3. Testing contractor requirements 4. Certiflication for contractors and operators 5. Delay to year 2012 EVR implementation on E85 and ORVR fleets. Of course we strongly suggest reading the entire Rule for a full knowledge of all the requirements. Should you have questions, pleese call the Rule 461 Hotline (866)770-9140 Compliance Pian Form A form has been developed to collect information required for the submittal of a compliance plan. In addition, an informational sheet has been compiled to help guide the preparation of the compliance plan. Both documents are attached. The Compliance Plan along with an application (Form 400-A, which can be obtained at htlp:/Jwww.aqmd.gov/permitlFonmspdf!BasiclAQMDF0rrn400-A.pdf) and a plan fee of $224.60 must be submitted to AQMD on or before October 1,2008. Public Meetinq A public meeting is also scheduled on August 7, 2008 to help answer any question GDF operators may have. The meeting will be held at the AQMD Headquarters in Diamond Bar. Details regarding the planned meeting are on the back of this page. d. Equipment installation e. Testing contract f. Equipmenttesting Attachment "2" SAN BERNARDINO GASOLINE FUEL DISPENSING ISLAND ENHANCED VAPOR RECOVERY PHASE II SYSTEM INSTAllATION PERFORMANCE SPECIFICATIONS Introduction The City of San Bernardino operates and maintains a gasoline fuel-dispensing island. The gasoline fuel-dispensing island is adjacent to Pershing Street on the west side of the Public Works Yard. The gasoline fuel-dispensing island is located between the diesel fuel island and the LNG/CNG fuel-dispensing island. It is important that there be minimum disruption of gasoline fuel dispensing island operation. It is also important that there be no disruption of service from the diesel fuel dispensing island and the LNG/CNG fuel- dispensing island. The City conducts $100,000 in daily business and depends upon the use of these facilities to ensure service to our customers is not disrupted. The fuel island maintenance facility must be upgraded to comply with Rule 461 as issued by the South Coast Air Quality Management District (AQMD). The following presents elements of and a discussion of the Scope of Work to be followed during the modifications of the gasoline fuel-dispensing island. The contractor shall be responsible for delivering a complete "turnkey" project, including the configuration, permitting, civil improvement to the site, equipment procurement and installation, start-up and testing, commissioning, and training of City personnel. The Contractor shall be responsible for ensuring that the. design of the equipment complies with all codes and regulations in effect at the time of permitting. The Contractor shall provide all necessary instruction, service and operating manuals as well as a complete set of AutoCAD 2000 based "as built" drawings in both electronic format and hard copy. The Contractor shall provide a one-year full warranty on materials and labor covered under this proposal. The purpose of this document is to describe the equipment and services that the City of San Bernardino requires. The Contractor is to design and install a Healy type ISD (In Station Diagnostics) capable Phase II Evaporative Vapor Recovery System to meet AQMD Rule 461 Requirements. System to include new Veeder Root ISD capable, monitoring equipment in a weatherproof cabinet adjacent to existing electrical panels located at the LNG/CNG fueling facility. Healy tank to be inside an approved enclosure. Any and all requirements to upgrade existing equipment to be included in bid. It is the responsibility of the Contractor to understand and comply with all applicable municipal, county, state, and federal codes, laws, ordinances, standards, rules and City of San Bernardino supplements in force at the time of facility permitting as noted above. The contractor shall propose a timeline for completion of the project as part of the submittal. Major milestones shall be identified. Total project completion is not realized 1 until the improvements are fully operational and in compliance with the appropriate state, local, or federal guidelines, codes, laws or regulations. Certain preliminary documents have been prepared for this project. These include a site layout and a preliminary list of tasks (scope of work). Every effort has been made to provide accurate information. Should significant conflicts between these written specifications, the preliminary design drawings, code requirements, standard industry practices, and/or available equipment be identified by the Contractor, the Contractor shall notify the City of San Bernardino in writing immediately upon discovery. EXISTING SITE CONDITIONS The gasoline fuel-dispensing island is located between two other dispensing facilities. The diesel fuel-dispensing island is located to the south and the LNG/CNG fuel-dispensing island is located to the north of the gasoline fuel-dispensing Island. The gasoline fuel- dispensing island has two pumping stations with two fuel nozzles each. The system is operated using a two key "Gas Tracker" system. This system employees a pedestal at the fuel island that requires the vehicle operator to insert a vehicle key and then a personal key to authorize the pumping of fuel. Use of this system will not change with the installation of the vapor recovery system. Several tasks must be accomplished as part of this project, They are: Task 1- Design and Permitting This document only provides a performance specification for the facility modifications. Detailed design of the proposed work and the specifications for all equipment and systems and submission of the design to the appropriate approving authorities (Building Department, Fire Department, etc.) is required. Task 2 - Engineering The Contractor shall provide all engineering and design services required to produce a full set of construction drawings and corresponding specifications which are sufficient for plan check. All design, construction and as-built drawings shall be supplied in AutoCAD ReI. 2000 and be provided to the City in both hard copy and CD-ROM format. These drawings shall be sufficiently detailed to pass through the permit review process including the City Building Department, the San Bernardino Fire Department, meet requirements established by the California Air Resources Board and any other jurisdictions having authority. The design documents shall contain all relevant information for the construction and development of the project. The drawings and specifications shall be used to purchase all materials and equipment and to subcontract portions of this projection. After the facility is completed and commissioned, the Contractor shall supply a completed set of "As Built" drawings to the City in the form of "red-line" additions to the original drawings as well as "reCADDed" prints reflecting the red-line changes in AutoCAD REL.2000. 2 The overall design shall be the responsibility of the Contractor. The final drawing package shall be sufficient to meet the requirements of the City of San Bernardino Development Services Department and Fire Department and may include, but not be limited to: . Title Sheet (with site-location map) . Overall Site Plan . Excavation and Demolition Plan . Site Equipment Arrangement Plan and Details . Foundation Plans and Details . Miscellaneous Civil Details (Fencing, Bollards, Walls, Etc.) . Electrical One-Line Diagram . Site Electrical Plan and Details . Panel Schedule and Conduit and Wire Schedule . Lighting Plan and Details . Site Grounding Plan and Details . Electrical Hazardous Area Plan . Site Gas and Fire Detection Plans and Details . Safety Control System Logic Diagrams . Safety Signage Plan and Details . Piping and Instrumentation Diagram (P&ID) . Site Mechanical Plan and Details . Mechanical Piping and Installation Details Plans may be combined as appropriate. The specifications in the package may include but not be limited to: . Installation Specifications - General Terms & Conditions . Installation Specifications - Concrete Foundations . Installation Specifications - Electrical/Lighting . Installation Specifications - Instrumentation . Equipment Specifications - Vapor Recovery Equipment and Controls . Equipment Specifications - Safety Systems . Installation Specifications - Mechanical Equipment . Installation Specifications -- Piping . Installation Specifications - Painting . Installation Specifications - Security Fencing and Walls The Contractor's final detailed drawings shall be sealed and signed by a California- registered Professional Engineer (PE) appropriately disciplined for the work described on the respective sheets. 3 Task 3- Construction Construction of the site will be accomplished to realize the minimum disruption to usage of the gasoline fuel-dispensing island and no disruption to either the LNG/CNG fuel island or the diesel fuel island. Contractor shall estimate the total number of construction days required to complete and commission the new vapor recovery system. Contractor shall coordinate work activities as necessary to allow City operations to continue undisturbed to the maximum extent possible. Off-hour and or weekend work will be considered if it will reduce the impact on City operations. Task 4- Documentation In accordance with code requirements the Contractor shall provide a complete set of documentation for operation and maintenance for each component installed that requires operation and/or maintenance. The contractor shall design and build the proposed project using the provisions of AQMD Rule 461 National Fire Protection Association (NFPA) 30 CARB Executive Orders as well as any other related state or local regulations requiring modification to gasoline dispensing stations to meet vapor recovery requirements. These documents contain specific language concerning the design of the facility and the Contractor shall provide documentation that is both complete and code compliant. The Contractor shall provide written certification that the delivered equipment meets the design specification and has been tested according to good engineering practices and complies with all applicable code requirements. Two complete sets of the following documentation shall be delivered to the City at the times indicated: . Operation Manual(s): After commissioning and acceptance of the system. . Maintenance Manual(s): After commissioning and acceptance of the system. . Emergency Response Procedures: At commissioning and one week prior to the start of training of operations supervisory personnel. . Test and Inspection Reports: A binder containing all test and inspection results and certifications shall be provided at commissioning completion. . Permit Package: Copies of all approved construction and operating permits for this project will be provided as time of station commissioning. . Code Compliance Certification: The acceptance by the City of the Code Compliance Certification for the improvements. This compliance document shall certify that the installed vapor recovery system meets all applicable codes and regulations. . As Built Report: A California Registered Engineer shall complete and stamp the As- Built Report ("Record Drawings") for this project. The As-Built Report shall consist of a complete set of the full size Mylar prints and all related electronic files for this project. The Contractor shall prepare and submit to the City a clean copy of a marked-up (in red) set of contract drawings depicting changes and modifications to the original instruction drawings made during construction as well as CAD prints and electronic files reflecting the red-line changes. 4 NOTE: Where manufacturers' manuals and leaflets are included in the above documentation, the Contractor shall clearly indicate all information that is not relevant to the specific equipment being supplied. The Contractor shall be responsible for determining the adequacy of each O&M Manual as to content, organization, equity, and adequacy. The Contractor shall deliver acceptable manuals as reviewed by the City's Department of Facilities Management upon commissioning completion. A three-ring binder containing all of the manufacturer's specification sheets for each piece of equipment provided with in the facility, as well as all tests results and certifications shall be provided at commissioning completion. Hard copies and, where feasible, electronic files on computer diskette or CD-ROM, should be provided within the binder. The City also requires that a "Quick Reference Manual" be provided which lists common replacement parts, procedures for regularly scheduled preventive maintenance routines, and a summarized troubleshooting table. Spare Parts Spare parts and specials tools lists shall be developed from a "recommended" spare parts and special tools lists provided by each equipment vendor. The Contractor shall review each equipment vendor's recommended list and adjust quantities, as necessary, with concurrence of the City, based on site location, environment, and available maintenance personnel. The Contractor shall work with City officials to develop a comprehensive plan for proper storage and preservation of all spare parts and special tools. Codes The Contractor shall comply with all applicable codes. The appropriate government authorities shall determine the codes that are in force and effect at the time of bidding. The following codes are applicable to this project as of distribution of this RFP; however, the contractor shall confirm that the cited codes are applicable at the time the construction bid is submitted to the City. . California Electric Code. 2007 Edition. Based on the 2005 NEC NFPA 70. . NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages. 2008 Edition. . California Building Code, 2007 Edition. . California Fire Code, 2007 Edition, including CFC Chapter 22. Note that these codes incorporate, by reference, portions of numerous other design and building codes, which are not listed here. In addition to adhering to the applicable codes, the Contractor shall perform the design, construction, installation and test of the vapor recovery system with a degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar tasks. The installed vapor recovery system shall be safe and reliable and perform as specified and intended. 5 Task 5- Signage The Contractor shall be responsible for acquiring and installing all safety and informational signs required for the project by City of San Bernardino and applicable CARB and AQMD regulations. Construction Observation/Supervision All components and equipment shall be installed according to their respective manufacturers' instructions and recommendations. Industry-standard practices shall apply if no manufacturer's instructions exist. The Contractor shall provide a construction supervisor, who will be on site to oversee all construction activities. The Supervisor will ensure that all drawings and specifications are followed and that the site has been constructed accordingly. Safety is the prime consideration in any work area and the supervisor shall be responsible for ensuring that standard safety practices, as well as OSHA regulations, are being followed at all times. The Contractor shall provide the necessary assistance for equipment start-up and shall ensure that any and all problems are resolved in a timely manner. Task 6- Start-Up and Commissioning The Contractor shall be responsible for the commissioning, start-up, adjustment, preliminary maintenance, and checkout of all equipment and instrumentation. If any equipment or system does not operate according to the manufacturer's specifications; this performance specification; or the Contractor's proposal, drawings, specifications and project submittals; the Contractor shall immediately repair or replace components until they operate properly. The Contractor will provide on-site engineering support to supervise the start-up and commissioning process. Start-up will be considered complete when flow, function test, and calibration have been satisfactorily completed. Personnel designated by the City of San Bernardino to operate the facility shall be present during the start-up phase and, as part of the training process, shall perform any tasks relative to their respective job titles under the direct supervision of the Contractors engineer. After installation is complete, Contractor shall demonstrate to the City that the systems operate in accordance with the intent and meaning of this performance specification; the Contractor's drawings and specifications; and the manufacturer's specifications and recommendations. The Contractor will be required to demonstrate to the City the successful and repeated operation of all components. 6 Testing and Inspection Each piece of equipment shall be inspected and tested by the Contractor to the satisfaction of the City and to verify compliance with this performance specification before the facility is put into normal day-to-day operation. When the equipment start-up is complete, the Contractor shall submit appropriate test reports to the City to verify compliance as part of the documentation requirements. Contractor must ensure all inspections required by the permitting authorities (i.e. building, fire, county fire etc.) are completed. Task 7- Training The training provided by the Contractor shall include, as a minimum, the following elements: . An overview of the facility's design and operation . An overview of each piece of equipment, including its function as part of the total system . Instruction on maintenance checks. . Instructions on safety and emergency procedures Warranty The Contractor shall guarantee in writing all facility equipment and workmanship for a period of one year, commencing after the date of final completion and acceptance of the facility by the City. Within each response to this solicitation, Contractors shall clearly identify those items of their proposed systems, which are generally considered "routine maintenance items" rather than items falling within the one-year warranty required for this project. During the first year, the Contractor shall adjust, repair, or replace any faulty equipment or assembly covered under the warranty at no cost to the City before the final acceptance of the facility. In cases where a specific piece of equipment is warranted by the manufacturer for a period of more than one year, the manufacturer's warranty shall take precedence until expiration. Emergency repair shall be performed within 24 hours of notification through the one-year warranty period. If the Contractor fails to perform the emergency repair within 24 hours of notification, then the Contractor shall pay the City liquidated damages in the amount of $1,000 per each and every day until the facility has been repaired and is fully operating. Because it is not possible to precisely fix the damages that the City will incur the liquidated damages specified are a reasonable estimate of those damages and do not represent a penalty. 7 Environmental & Geotechnical Engineering Revised Cost Proposal Submitted by: Geo-Ca!, Inc. 4370 Hallmark Pkwy, Ste 101 San Bernardino, CA 92407 Date: January 23,2009 Submitted to: City of San Bernardino Public Service Department 300 North "0" Street San Bernardino, CA 92418 Project: Enhanced Vapor Recovery (Phase 11) Upgrade at San Bernardino Gasoline Dispensing Facility, Located at 182 S. Siena Way, San Bernardino, CA Item Task Description Cost No. 1.0 Data collection, design plans, permit application, and $4,300.00 I nermit fees 2.0 Provide Healy tank and equipment as required for EVR $38,800.00 (Phase II) upgrade, and TLS-350 ISD capable 3.0 Installation: saw cut approx. 200' AlC and concrete, demo $31,000.00 and excavate, trenches, move vent line to location ofhealy tank, pressure test, healy tank slab, backfill and resurface, chain link closure, install hea!y equipment, new TLS 350, Test and certify system, provide deliverables as required, Clean Site. 4.0 Install Pressurized Line Leak Detection (PLLD) $2,200.00 COillnonents associated with existing "Red Jacket" Turbine. 5.0 Project Management $5,000.00 Total $81,300.00 ~~-~ nry Olivi r, Vice President Geo-Cal, Inc. 4370 Hallmark Parkway' Suite 101 . San Bemardino. CA 92407 . RO Box 9493 . San Bem...d,no. Califomia 92427 . Tel (909) 660.1146 . Fax (909) 68().1 557