HomeMy WebLinkAboutContracts & Agreements_73-2012_CCv0002.pdf South Coast 4% Contract No.MS11067
Air Quality Management District Clean Transportation
Funding from the MSRC
AB 2766/MSRC ALTERNATIVE FUEL INFRASTRUCTURE PROGRAM CONTRACT
WHEREAS, 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 City of
Redlands (hereinafter referred to as "CONTRACTOR") whose address is 35 Cajon Street, Redlands, California
92373.
WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution
within the geographical boundaries of the South Coast Air Quality Management District in the State of California
(State) and 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; and
WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Governing Board has authorized
the imposition of the statutorily set motor vehicle fee and by taking such action the State's Department of Motor
Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD; and
WHEREAS, State Health and Safety Code Section 44243(c) 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; and
WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air Pollution
Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and
pursuant to approval of the work program by AQMD's Governing Board, AQMD Board authorized a contract with
CONTRACTOR for the project described in Attachment 1 - Statement of Work, incorporated herein and made a
part hereof; and
WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Alternative Fuel Infrastructure Proposal dated October 13, 2011.
NOW THEREFORE, the Parties agree as follows:
TERMS AND CONDITIONS OF PERFORMANCE
1. 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.
2, AUDIT - 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 that was inappropriately expended. Such
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Contract No.MS1 1067
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.
3. TERM - The term of this Contract is Seventy Eight (78) months from the date of execution by both parties,
unless terminated earlier as provided for in Clause 6 below entitled Termination. 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, subject to the provisions stated in Clause 28.
4. SUCCESSORS-IN-INTEREST - Obligations under this Contract requiring the operation of equipment and
annual reporting for five (5) years as defined in Attachment 1- Statement of Work, shall be binding upon
CONTRACTOR, their respective successors-in-interest and heirs.
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. TERMINATION
A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide
services in the manner agreed upon by the parties, including, but not limited to, the requirements of
Attachment 1 — Statement of Work, this failure shall constitute a breach of this Contract. The non-
breaching party shall notify the breaching party that it must cure this breach or provide written notification
of its intention to terminate this contract. Notification shall be provided in the manner set forth in Clause
15. The non-breaching party reserves all rights under law and equity to enforce this contract and
recover damages.
B. AQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30)
days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the
extent or directed otherwise by AQMD, discontinue any Work being performed under this Contract and
cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such
Work, and shall use its best efforts to procure termination of existing subcontracts upon terms
satisfactory to AQMD. Thereafter, CONTRACTOR shall perform only such services as may be
necessary to preserve and protect any Work already in progress and to dispose of any property as
requested by AQMD.
C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the
effective date of termination under Clause 6.13. Before expiration of the thirty (30) days' written notice,
CONTRACTOR shall promptly deliver to AQMD all copies of documents and other information and data
prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of
such materials, which may be retained by CONTRACTOR.
7, EARLY TERMINATION — This Contract may be terminated early due to the following circumstances: 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,
& REFUELING STATION LOCATION, OPERATIONAL AVAILABILITY & ACCESSIBILITY, AND
THROUGHPUT — CONTRACTOR is obligated to comply with the alternative-fuel refueling infrastructure
requirements set forth as follows:
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Contract No.MS11067
A. Refueling station shall remain in the original location, operational and accessible to public and/or fleets,
for a period of not less than five (5) years from the date the station begins dispensing fuel in its
upgraded or expanded capacity.
B, In the third, fourth, and fifth years of station operation, CONTRACTOR shall meet the annual fuel
throughput requirements as set forth in Attachment 1, Statement of Work.
C. Should CONTRACTOR deviate from either of these obligations, for reasons other than those stated in
Clause 7, above, CONTRACTOR shall reimburse AQMD for a prorated share of the funds provided.
The prorated share for which CONTRACTOR shall be liable shall be 100% if the deviation occurs within
one (1) year of initial station operation; 80% if the deviation occurs between years one (1) and two (2);
60% between years two (2) and three (3); 40% between years three (3) and four (4); 20% between
years four (4) and five (5); and 0% after year five (5). The appropriate reimbursable amount shall be
paid to AQMD within sixty (60) days from the date of the deviation.
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,
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, costs,
lawsuits, claims, demands, causes of action judgments, attorney's fees, or any other expenses arising from
or related to any third party claim against AQMD, its officers, employees, agents, representatives, or
successors in interest that arise or result in whole or in part, from any actual or alleged act or omission of
CONTRACTOR, its employees, subcontractors, agents or representatives in the performance of this
Contract,
11. PAYMENT
A, AQMD shall reimburse CONTRACTOR up to a total amount of Eighty Five Thousand Dollars ($85,000)
in accordance with Attachment 2 — Payment Schedule expressly incorporated herein by this reference
and made a part hereof of the Contract.
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Contract No.MS1 1067
B. An amount equal to ten percent(10%) shall be withheld from each invoice. Upon satisfactory completion
of project and final acceptance of work and the final report, CONTRACTOR's invoice for the ten percent
(10%) withheld shall be released. Proof of project completion shall include a Final Report detailing the
project goals and accomplishments, data collected during project performance, if any, documentation of
significant results, and emissions reduction input data needed for calculation of emissions reductions.
C. 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,
D. If, at the completion of the Project described in Attachment 1, the actual cost of the project is less than
the Total Project Cost described in Attachment 2, the Firm Fixed Price amount reimbursed to
CONTRACTOR by AQMD shall not exceed fifty percent(50%) of the actual cost of the project.
E. 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
1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other
charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment,
material, supplies, subcontractors, and other charges shall be made at actual cost. Supporting
documentation must be provided for all individual charges (with the exception of direct labor
charges provided by CONTRACTOR).
2. CONTRACTOR's failure to provide receipts shall be grounds for AQMD's non-reimbursement of
such charges. CONTRACTOR may reduce payments on invoices by those charges for which
receipts were not provided.
3. 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, 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,
13, 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.
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
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Contract No.MS11067
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.
14. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a
prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to
permanently display one MSRC decal in a prominent location on each fueling or charging station constructed
or upgraded pursuant to this Contract. Decals will be provided by MSRC upon notification that subject fueling
station equipment and/or vehicles are placed into service. Decals are approximately twelve (12) inches in
height and eighteen (18) inches in width (Note: a smaller decal may be provided if CONTRACTOR
demonstrates that application of the standard decal is not feasible). CONTRACTOR shall maintain decal for
life of vehicle or equipment subject to this Contract. Should any decal become damaged, faded, or otherwise
unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new decal in the same
or other prominent location. MSRC shall not be responsible for damage to paint or other vehicle surfaces
arising from application or removal of decals. In addition, all promotional materials related to the project,
including, but not limited to, press kits, brochures and signs shall include the MSRC logo, Press releases
shall acknowledge MSRC financial support for the project.
15. 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 Redlands
35 Cajon Street
Redlands, CA 92373
Attn: Danielle Garcia
16. EMPLOYEES OF CONTRACTOR
A, 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,
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Contract No.MS1 1067
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
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,
17. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this
Contract shall at all time remain with CONTRACTOR.
18. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment
or vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract.
CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on
any and all equipment and/or vehicles purchased in whole or in part by the CONTRACTOR, under this
Contract or any amendments thereto, The AQMD shall have lien rights in effect until the CONTRACTOR
satisfies all terms under the Contract, including but not limited to, the use and reporting requirements.
Accordingly, CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement
or similar security instrument to secure its interests in the equipment and/or vehicles that are the
subject of the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR
shall notify AQMD within 10 business days of such filing,
19. 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, et seq.), the Federal Civil
Rights Act of 1964 (PL 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.
20. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred
by either party without the written consent of the other, and any attempt by either party to do so shall be
void upon inception.
21. 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,
22. 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.
23. 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,
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Contract No.MS11067
24. 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,
25. 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.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the
force and effect of an original.
27. 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.
28. PRE-CONTRACT 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, pre-contract cost
expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and
payment provision of the Contract.
29. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR
and approved by MSRC in accordance with MSRC policies and procedures. Requests to expend funds
above the Contract value stated in Clause 11.A must be approved prior to the expenditure of additional
funds. 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. Fueling station
location changes shall not be approved under any circumstances, and in no case shall the contract term
be extended for more than one (1) year beyond the original termination date.
30, 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 them 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 them 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.
31, 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
7
Contract No.MS11067
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 requested.
32. 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,
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
8
Contract No.MS1 1067
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 REDLANDS
pi r�
v j
A
By: By: I
Dr.William A. Burke,Chairman, Governing Board Name: Pete Agu-11ar
Title: Mayor
Date:
Date:
th
ATTEST:
ATTEST: Sam Irwin, City '-'Ye*
Saundra McDaniel, Clerk of the Board
By:
APPROVED AS TO FORM:
Kurt R.Wiese,General Counsel
By:
1IMSRC06AItFuelinfrastructure
Revised 24 October 2008
9
^
Attachment 1 _
-
Statement of Work
City of Redlands
Hereinafter referred to as CONTRACTOR
Contract Number MS1 1067
Project Description
CONTRACTOR shall expand their existing public access liquefied compressed natural gas (LCNG)
and liquefied natural gas (LNG) fueling station located at 1270 West Park Avenue, Redlands,
California and operate this station for a rninirnuno offive years.
Statement oƒWork
CONTRACTOR shall expand their existing kCNG and LNG fueling station located at 1270 West
Park Avenue, Redlands, California, as specified in Attachment 3, Fueling Station Specifications.
All equipment must benew and not previously used.
CONTRACTOR shall operate this station at the specified location for a rnininourn of five years
from the date the station begins dispensing fuel.
Throughput Requirement: Beginning with the third year of expanded station operation,
CONTRACTOR shall dispense a minimum of 177,196 gasoline gallon equivalents ofnatural gas
annually, combining LNG and L[NGdispensed.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote the
N43RC's co-funding of the station expansion to the media and/or community. Acceptable
outreach may include, but is not limited to, a Grand Opening/project kickoff event, press
releases, or a press conference. The Public Outreach Plan shall automatically be deemed
approved 50 days following receipt byA{}M[) staff, un|essA[iK4D 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, notifying AQMD staff at
least fourteen days prior toany outreach event.
Project Schedule (based owdate ofContract execution)
Task Completion
Select and secure design contractor Month 5
Select and secure construction contractor Month 10
Submit Outreach Plan Month 7
Purchase equipment, construct station and Month 15
commence operations
Implement Public Outreach Plan Month 17
Quarterly reports Months 4, 7, 10 and 13_
Final Report Month 18
Annual Reports Annually for 5 years
Hardware: L[NG Fueling Station Equipment
~
Attachment I
Statement of Work - conOinued
City of Redlands
Hereinafter referred W0as CONTRACTOR
Contract Number MSI 1067
Reports
Quarterly Reports: Through commencement of station Operation in its expanded capacity,
CONTRACTOR shall provide quarterly progress reports that summarize the project results to
date including, but not limited to: equipment acquisition; achievement of milestones; station
activity; preliminary findings and recommendations for completion of contract; and any project
delays or problems and solutions. Progress Reports that du not comply will be returned to the
CONTRACTOR as inadequate.
Annual Reports: On an annual basis for a period of five years following commencement of
station operation in its expanded capacity, CONTRACTOR shall report the annual amounts of
LCNGand LNG dispensed.
Final Report: A final report shall be submitted by the CONTRACTOR in the format provided by,
and in the manner directed by, A{}MD staff. Report shall include, at a minimum: g\ an
executive summary; b) a detailed discussion of the results and conclusions Ofthis project; C)
photos illustrating the project, including at least one photo with K4SRC decal clearly visible; and
d\ any media/outreach materials and news clippings generated by the project. CONTRACTOR
will identify any barriers encountered and solutions developed toovercome the barriers, as
well asimpact onnear and long term alternative fuel vehicle goals. The W1SRCwill provide at
least 30 days' notice if CONTRACTOR will be required to prepare and present the final report at
ameeting ofthe MSR[.
2
Attachment 2
' Schedule
City of Redlands
Hereinafter referred to as CONTRACTOR
Contract Number IVIS1 1067
Cost Breakdown
Maximum AB
2766
Description Discretionary Other Total
Funds payable Co-Funding Project Cost
under this
Contract
Fueling station equipment and
installation, including shipping and $85,000 $95,000 $180,000
taxes, and program management
Reimbursement will be made only after verification of equipment purchase, installation, and
placement into service of the new station. At a minimum, acceptable verification shall consist
of:
o photos ofcompleted installations;
c/ arepOrL/5\ signed by a responsible official certifying that the station installation has been
completed asdescribed inAttachments 1and 3; and
,o invoice(s) from subcontractor(s) performing the installations, if any.
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 onaprorated basis, sothat:
w
the amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall not
exceed 5OY6ofactual combined equipment and installation costs, including delivery,
taxes, and reasonable project rnanngemnentcosts.
3
Attachment 3
Supporting Documentation
City of Redlands
Hereinafter referred to as CONTRACTOR
Contract Number MS1 1067
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 of any rights to third parties against the AQMD.
1. Fueling Station Specifications
2. Proof of Self-Insurance
4
Attachment 3
Supporting Documentation
City of Redlands
Hereinafter referred to as CONTRACTOR
Contract Number MS11067
1. Fueling Station Specifications
At a minimum,the existing fueling station shall be expanded as follows:
A. Extend LCNG fueling island and canopy
B. Install additional two-hose fast-fill LCNG dispenser
C. Connect new dispenser to card reader, LCNG supply, electrical, and any other
required connections
City of
RE LAND S
N. ENRIQUE MARTINEZ Incorporated 1888
City Manager 35 Cajon Street, Redlands,CA 92373
909-798-7510
nemarlinez(a,-cityofrediands,org
Rachel B. Valenzuela
Contracts Assistant
MSRC Contracts Administration
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765
SUBJECT: PROOF OF INSURANCE
Dew Ms. Valenzuela,
Per your request, below please find the statement of self insurance for the City of Redlands to
satisfy MSRC Contract Provisions.
The City of Redlands, a permissibly self-insured entity in the State of California, upon approval
of grant award by SCAQMD will prove within forty-five(45) days a certificate of Excess
Liability insurance, naming SCAQMD as Additional Insured.
Respectful)
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Risk Manag
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kbraun(@46 edlands.o
(909) 79071609
CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY)
ACORP. F 05/02/2012
PRODUCER 909.793.2373 FAX 909.799.6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hub International Insurance Services Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Lic. 0757776 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
470 E. Highland Ave, PO Box 40
Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIL#
INSURED City of Redlands INSURER A: National Casualty Company
P. 0. Box 3005 INSURER 8:
Redlands, CA 92373 INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L POLICY EFFECTIVE
POLICY EXPIRATION
MWO
LTR INSR C TYPE OF INSURANCE POLICY NUMBER DATE I DATE(MM/DDPC1(YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTE'c
COMMERCIAL GENERAL LIABILITY PREMISES(Ea ,,an.)
CLAIMS MADE [ ]OCCUR MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $
IRO- LOC
EIPOLICYF-�JECT F
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NOWOWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC j$
AUTO ONLY: AGG 1$
EXCESS I UMBRELLA LIABILITY PGDO000006 07/01/2011 07/01/2012 EACH OCCURRENCE $ 10,500,00
OCCUR CLAIMS MADE AGGREGATE $ 10,000,000
A $
DEDUCTIBLE
X RETENTION $ 500,00C
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y/N .TORY LtMRS _ ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
I E,L EACH ACCIDENT I_$
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L DISEASE-EA EMPLOYEE $
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I$
OTHER
DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
RV Operations of the Named Insured Verification of Insurance
kidditional Insured & Waiver of Subrogation included per policy form, as required by contract
Special Excess Liability covering Auto,Generiil Liability,Law Endorsement & Public Official Liability
10 Da v Notice of Cancellation for non payment of premium
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
AQMD / MSRC DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN
South Coast Air Quail-ty Management District: Rachel B. Val NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Attn
MSRC Contracts Administration IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
21865 Copley Drive REPRESENTATIVES.
Diamond Bar, CA 91765 AUTHORIZED REPRESENTATIVE
Ross hones RLP
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