HomeMy WebLinkAboutItem 22 - Natural Gas Fueling StationPublic Works Agency
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Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 17, 2021
TOPIC: Natural Gas Fueling Station
AGENDA TITLE
Approve an Appropriation Adjustment and Three Agreements with Trustar Energy LLC to
Design and Build, Operate and Maintain, and Provide Renewable Natural Gas for a
Compressed Natural Gas Station at the City Corporate Yard (220 S Daisy Avenue, Santa
Ana, CA 92703) in an Amount not to Exceed $2,122,232 for a up to a Two -Year Term for
the Design -Build Agreement, $403,200 for up to an Eight -Year Term for the Maintenance
Agreement, and up to a Thirteen -Year Agreement for the Provision of Natural Gas (Non -
General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing prior year fund balance of
$1,038,300 dollars in the Air Quality Improvement Fund (AB 2766), Prior Year Carry
Forward revenue account, and appropriating the same amount into the Fleet Services
- Air Quality Improvement Account (AQMD).
2. Authorize the City Manager to execute a Design and Build Agreement with TruStar
Energy LLC to provide services for Phase I — Design, Phase II — Equipment
Procurement and Phase II — Construction, of a new compressed natural gas (CNG)
fueling station at the City Corporate Yard, in an amount not to exceed $2,122,232,
with a contingency of $333,638, for a one-year term beginning August 17, 2021 and
expiring August 16, 2022, with a one-year renewal option, subject to non -substantive
changes approved by the City Manager and City Attorney.
3. Authorize the City Manager to execute a maintenance agreement with TruStar Energy
LLC to provide services to maintain the CNG fueling station, for a five-year period
beginning upon the completion of construction, with provisions for three one-year
extensions, in an amount not to exceed $403,200, subject to non -substantive changes
as approved by the City Manager and City Attorney.
4. Authorize the City Manager to execute a no -cost Environmental Attribute agreement
with TruStar Energy LLC to provide renewable natural gas (RNG) for the CNG fueling
station for a ten-year period beginning March 16, 2021 and expiring March 15, 2031,
Approve Agreements with TruStar Energy LLC
August 17, 2021
Page 2
with provisions for three, one-year extensions, subject to non -substantive changes as
approved by the City Manager and City Attorney.
5. Approve the Design and Build Project Cost Analysis for a total estimated delivery cost
of $2,378,379 which includes $104,340 for Design (Phase 1), $812,102 for Equipment
Procurement (Phase II), a 15% contingency $333,638 for Phase II, $1,412,152 for the
Build Agreement, $139,717 for Contract Administration and $116,430 for Inspection.
DISCUSSION
The Fleet Services Division is responsible for providing fuel for City vehicles, which
includes unleaded, diesel, propane, liquefied natural gas, and compressed natural gas
(CNG) at the Corporate Yard, and unleaded and diesel fuel at the Police Administration
Facility. SCAQMD Rule 1196 mandates that the City transition all its diesel vehicles to a
more environmental friendly fuel over the next few years.
The Division has determined CNG is the most reliable fuel for its fleet and has begun
converting its diesel fleet to CNG. Within the next few years, the CNG fleet is expected
to grow to over 60 vehicles. Although the Corporate Yard houses a CNG fueling station,
it is beyond its useful life and only contains 14 fueling points, which accommodates 15
City vehicles. Due to the age of the station and the increased fueling points needed to
service the new CNG fleet, staff recommends the construction of a new CNG station.
On July 30, 2020, the Public Works Agency issued Request for Proposals (RFP) 20-095
seeking a consultant to design, build, operate, and maintain the new CNG station. The
RFP was advertised on the City's online bid management and publication system, with
bids due on September 24, 2020. Fifty-three vendors downloaded the project documents.
Four proposals were received and evaluated by a selection committee based on criteria
as outlined in the RFP. The evaluation committee conducted interviews with the four
proposers. The evaluation results are as follows:
FIRM
CITY
AVERAGE
SCORE
TruStar Energy
Rancho Cucamonga
93
EFS West
Valencia
85
Clean Energy
Newport Beach
80
Arnez Engineering Contractors
Anaheim
79
TruStar Energy's proposal demonstrated a high technical competency and experience
performing the requested services. The proposal contained a clear path toward achieving
City goals and objectives as required by the RFP. The RFP presented a five -phase
approach to completing the project and TruStar's proposal offered close to $250,000 in
savings during the first phase, in addition to reducing the total project cost by $540,000,
to $1,684,233 (not including contingency) by leveraging RNG fuel credits. Staff
recommends approving three agreements with TruStar Energy to provide services to
Approve Agreements with TruStar Energy LLC
August 17, 2021
Page 3
design, build, operate, and maintain a new CNG fueling station, and provide RNG at the
City Corporate Yard (Exhibits 1-3).
DESIGN AND BUILD COST ANALYSIS
The project will be designed and constructed in two phases. At this time, the City has
funding to complete Phase I and Phase II(a) — Equipment Procurement (only) allowing
TruStar to design the project and procure the necessary equipment. Phase II(b) -
Construction will proceed when funding is identified and includes construction of the
station and installation of the equipment.
To deliver the complete Design and Build Project, the estimated total project delivery cost
includes design/build services, construction administration, inspection, and an allowance
for contingencies to account for unexpected or unforeseen work. Construction
administration and inspection includes construction management, implementation of the
City's Community Workforce Agreement requirements, and inspection of the Contractor's
work to ensure contract compliance, workmanship, and quality. As indicated in the Cost
Analysis (Exhibit 4) and summarized in the table below, the estimated total construction
delivery cost of the project is $2,378,379.
Project Item
Total
Phase I: Design
$
104,340
Phase II(a): Equipment Procurement
$
812,102
Phase II(b): Construction and Installation
$
1,412,152
Phase II(a+b): Equipment and Construction
Contingency)
(15%
$
333,638
Contract Administration (6%)
$
139,717
Contingencies Inspection (5%)
$
116,430
CONSTRUCTION DELIVERY COST
$
2,918,378
Renewable Natural Gas (RNG) Credit
$
540 000
NET CONSTRUCTION DELIVERY COST
$
2,378,379
ENVIRONMENTAL IMPACT
The use of CNG vehicles and RNG in place of gasoline or diesel has an immediate
positive impact on air quality by reducing greenhouse gas emissions. The use of CNG
reduces noise and odor pollution, and also eliminates the risk of ground water
contamination.
FISCAL IMPACT
Funding for the agreements is as follows:
• Appropriation Adjustment from FY 2020-21 to FY 2021-22: Design and Equipment
Procurement Agreement: Phase I and II(a) (Equipment Procurement and
Approve Agreements with TruStar Energy LLC
August 17, 2021
Page 4
contingency): Funds for the design and equipment procurement of this project totaling
$1,038,257 are as follows:
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit
Description
Account Description
2021-22
03117101-
Fleet SVCS-
Air Quality
Machinery and
$588,257
66400
Improvement
Equipment
2021-22
03117101-
Fleet SVCS-
Air Quality
Improvements Other
$450,000
66220
Improvement
Than Building
Total
$1,038,257
• Phase II(b) (Construction): There is no fiscal impact associated with this action at this
time. Prior to proceeding with construction of this project, Public Works Agency staff
must receive Finance and Management Services Agency approval of funding and
accounts to be used to ensure funds are available. Upon successful completion of
the fiscal review, a corresponding Notice to Proceed in an amount not to exceed
$1,083,975 will be issued.
• Maintenance Agreement: The five-year operation and maintenance agreement, with
three, one-year renewal options, will be budgeted in the fiscal year in which the City
anticipates the CNG construction will be completed and appropriated in future fiscal
year budgets as follows:
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit
Description
Account Description
Equipment Maintenance
2022-23
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Equipment Maintenance
2023-24
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Equipment Maintenance
2024-25
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Equipment Maintenance
2025-26
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Approve Agreements with TruStar Energy LLC
August 17, 2021
Page 5
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit
Description
Account Description
Equipment Maintenance
2026-27
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Renewal Options:
Equipment Maintenance
2027-28
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Equipment Maintenance
2028-29
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
Equipment Maintenance
2029-30
07517100-
Fleet
Garage Operation,
$50,400
62322
Maintenance
Maintenance & Repair
Machinery & Equipment
TOTAL
$403,200
• Environmental Attribute Agreement: There is no fiscal impact associated with this
agreement.
EXHIBIT(S)
1. Design and Build Agreement with TruStar Energy
2. Maintenance Agreement with TruStar Energy
3. Environmental Attribute Agreement with TruStar Energy
4. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
i0:V:u:3ifi
DESIGN -BUILD AGREEMENT FOR CNG STATION
THIS DESIGN -BUILD AGREEMENT is made and entered into this 171h day of August
2021 by and between TruStar Energy, LLC. ("Contractor"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
RECITALS
A. The City desires to retain a contractor having special skill and knowledge to design
and build a new CNG station.
B. For this purpose, the City issued Request for Proposal No. 20-095, by which the City
invited proposals for the Project. Following evaluation by the City of all the proposals
that were submitted, Contractor was selected to complete the Project.
C. Contractor represents that Contractor is able and willing to provide such services to
the City.
D. The Project will be designed and constructed in a two-phase approach. At this time,
the City has funding to complete Phase 1 that will allow TruStar to design the project.
Once funding is secured, the City will move forward with Phase 2, which includes the
equipment procurement, installation of said equipment and construction of the
project.
E. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform design and construction services as set forth in Exhibit A to this
Agreement. Contractor shall perform all services in compliance with applicable laws, statutes,
ordinances, codes, rules, and regulations.
2. COMPENSATION
City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Exhibit A. The total amount to be expended under this
Agreement shall not exceed $2,122,232 during the term of this Agreement, including any
extension periods exercised under Section 3. This sum shall be comprised of $104,340 for the
Design, Engineering & Permits (Phase I), $933,917 for equipment procurement, which includes
a fifteen percent contingency amount of $121,815 (Phase 2) for any potential equipment cost
increases, and $1,083,975 for construction, and installation, which includes a fifteen percent
contingency amount of $211,823 for construction. Any increases in the equipment procurement
costs (Phase II) identified in Exhibit A must be supported by supplemental documentation
satisfactory to the City. Contractor shall submit a monthly invoice by the fifteenth of each month
to the City for the services rendered in the prior month.
All invoices for work performed under this Agreement shall be submitted in a format
approved by the City. Invoices shall include the following information at a minimum: (i)
Contractor's invoice number, (ii) beginning and ending dates for services, (iii) City project
number and/or name (if applicable), (iv) work site address/location (if applicable), and (v) tasks
or deliverables completed and % of total services completed
Payment by City shall be made within sixty (60) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made
for work which fails to meet the standards of performance set forth in the Recitals which may
reasonably be expected by City.
3. DESIGN -BUILD DOCUMENTS
The Design -Build Documents consist of this Agreement, Standard Specifications for
Public Works Construction (the "Greenbook"), all design documents hereafter prepared by
Contractor and approved by City in accordance with this Agreement, other documents listed in
this Agreement, Request for Proposals No. 20-095, and any modifications, including without
limitation Change Orders, issued after execution of this Agreement. All such documents are
incorporated herein by reference and made a part of this Agreement. This Agreement is intended
to be an integral whole and shall be interpreted as internally consistent and in accordance with
section 2-5.2 of the "Greenbook". Work required by any page, part, or portion of the Agreement
shall be deemed to be required work as if called for in the whole Agreement, and no claim for
extra work shall be based upon the fact that the description of the work in question is incomplete.
"Work" shall mean the design, construction, and related services required to fulfill Contractor's
obligations under the Design -Build Documents, whether completed or partially completed, and
includes all labor, materials, equipment, and services to be provided by Contractor.
This Agreement may not be modified except by written instrument signed by the City and
by an authorized representative of Contractor. The parties agree that any terms or conditions of
any other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,
shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges
that no representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not embodied herein.
Nothing contained in this Agreement shall create, nor be interpreted to create, privity or any
other relationship whatsoever between City and any person except Contractor.
4. CHANGES IN THE WORK
a. City's Right to Order Changes. Changes in the Work under this Agreement, consisting of
additions, deletions, revisions, or any combination thereof, may be ordered unilaterally
byCity without invalidating the Agreement. Such changes shall be communicated by
Change Order or supplemental agreement, as applicable. Contractor shall proceed
diligently with any changes, and same shall be accomplished in strict accordance with the
following terms and conditions as set forth herein. "Change Order" means a written
instrument signed by City requesting a change in the Work.
b. Changes and Extensions of Time. All Change Orders, changes requested by Contractor,
or extensions of time occurring during construction of the Project related to actual
construction work shall be accomplished within the term and schedule set forth in section
5 unless not reasonably practicable. All changes to the scope of design services or
extensions of the agreed -upon design schedule during the design process shall be made
by mutual agreement of City and Contractor, and claims for an increase in design
compensation due to a change in the scope of design construction work or for an
extension of time to the design schedule shall be made in writing within seven (7)
calendar days after occurrence of the event that gives rise to the claim. All requests for
additional compensation due to a change in the scope of design services, and all requests
for an extension of time to the design schedule, shall include sufficient backup
documentation for City to reasonably understand the request and the amount of time or
compensation requested and to determine the merits of the request.
Adjustments to Price or Time. Upon the occurrence of a Change Order for construction
work that increases the cost of the construction work, the price will thereafter include
such cost of the construction work and services attributable to such change to the extent
allowed by Paragraph (b) above. The failure of Contractor to provide notice in writing to
City in accordance with Paragraph (b) of any request for an increase in price or for an
extension of time shall constitute a waiver by Contractor of any entitlement thereto.
d. Continuing Duty to Perform Construction Work and Make Payment. In the event the
parties are unable to agree on the terms of a change order or supplemental agreement,
then Contractor shall continue to diligently perform the design services and the
construction work, including any change directed by City by change order or
supplemental agreement, and shall keep thorough records of the cost of performance of
such change order or supplemental agreement.
e. Fiduciary Relationship. Contractor recognizes and accepts a fiduciary relationship of trust
and confidence hereby established between Contractor and City and agrees that it shall at
all times in good faith use its best efforts to advance City's interests and agrees to perform
the design services and the construction work in professional manner.
5. TERM AND SCHEDULE OF WORK
This Agreement shall commence on the date first written above and terminate upon the
City's acceptance of the Project via a "Notice of Completion" unless terminated earlier in
accordance with Section 16 below. Contractor shall complete all design work, engineering and
obtain all permitting within one hundred eighty (180) days of commencement of the Agreement.
After the City approves the design work, equipment will be ordered and the construction related
work under the Agreement shall be completed within one hundred eighty days (180) from the
date of issuance by the City of a "Notice to Proceed" and mutual agreement of any potential cost
increase incurred by Contractor in the procurement of equipment. The term of this Agreement
may be extended upon a writing executed by the City Manager and City Attorney.
Upon completion of all work under this Agreement, ownership and title to all reports,
documents, tracings, plans, specifications, estimates and maps prepared or obtained under the
terms of this Agreement shall be delivered to, and become the property of City. Basic survey
notes and sketches, charts, computations, and other data prepared or obtained pursuant to this
Agreement shall be made available upon request of the City without restriction or limitation on
their use. Contractor shall furnish the City all necessary copies of data needed to complete the
review and approval process.
6. GENERAL REQUIREMENTS OF THE WORK
Contractor shall perform the Work in compliance with applicable laws, statutes,
ordinances, codes, rules, and regulations. If Contractor performs Work contrary to applicable
laws, statutes, ordinances, codes, rules, or regulations, Contractor shall assume responsibility for
such Work and shall bear the costs attributable to correction. Contractor shall be responsible to
City for acts and omissions of Contractor's employees, consultants, subcontractors, or others
employed or retained by Contractor in connection with the Project or Work. Contractor shall
provide City access to the Work in preparation and progress wherever located.
7. PROTECTION OF PERSONS AND PROPERTY
Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the performance of the Work. Contractor shall be
responsible for the safety of, and reasonable protection to prevent damage, injury, or loss to (i)
employees performing the Work and other persons who may be affected thereby, (ii) the Work
and materials and equipment to be incorporated therein, and (iii) other property at the Work site
or adjacent thereto, including without limitation hardscaping, landscaping, structures and utilities
not designated for removal, relocation, or replacement in the course of construction.
8. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. Since the
Work is being performed as part of an applicable "public works" or "maintenance" project, as
defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more,
Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws
9. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries
and wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
10. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance which shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising
out of Contractor's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not
less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such
insurance shall (a) name the City, its officers, employees, agents, volunteers and
representatives as additional insured(s); (b) be primary and not contributory with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions. Contractor shall supply City
with a fully executed additional insured endorsement in substantially the form
attached hereto as Exhibit B upon execution of this Agreement.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
Worker's Compensation Insurance. In accordance with California state law,
Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim.
The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
i. Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City.
iii. Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City's election, to terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
11. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including death, and claims for property damage, which may arise from the
negligent acts or omissions of the Contractor or its subcontractors, agents, employees, or other
persons acting on their behalf which relate to the Work and services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including reasonable legal fees and costs for special counsel to
be selected by the
City, regarding any action by a third party, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable reliefdue to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the
above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Contractor.
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
13. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
14. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax communication in the
manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714-647-6515
To Contractor: TruStar Energy
Attn: Scott Edelbach — General Manager
10225 Philadelphia Ct, Rancho Cucamonga
Rancho Cucamonga, CA 91730
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting fax machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services that are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to
the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Contractor consents to the
City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
This Agreement shall automatically terminate upon written notice by the City to Contractor,
without penalty to City, either in whole or in part, if City in unable to secure the required funds to
complete Phase II of the Project.
17. NONDISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
p. m, w
Jose Montoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
Digitally signed by Scott Edelbach
DN: cn=Scott Edelbach, o=TruStar Energy, ou=TruStar
Energy, email-sedelbach@trustarenergy.com, c=US
Date: 2021.08.0416:47:27 04'00'
Scott Edelbach
General Manager
EXHIBIT A
Appendix
ATTACHMENT 1: SCOPE OF WORK
SCOPE OF WORK
CNG FUEL STATION: DESIGN AND BUILD
The Fleet Maintenance Division of the Public Works Agency provides vehicle and equipment
acquisitions, preventative maintenance, unscheduled repair and fueling services to City departments so
they can have reliable, cost effective equipment and vehicles to accomplish their operational goals
and purpose. Fleet Services is responsible to provide fuel (unleaded, diesel, propane, LNG, and CNG)
for City vehicles, and does this at the Corporate Yard. It is the City's intent to contract with one
vendor to provide installation of fueling equipment, and future maintenance support of that
equipment to dispense CNG fuel. This project requires the Contractor to provide siting, design, obtain
all required permits, construct, manufacture, procure equipment/ material, install, and test to start up
the CNG fueling station. The same experienced contractor will be required to successfully operate and
maintain the vehicle fueling station.
It is the City's intent to hire a firm to design all phases of the project and will construct each phase
as funding becomes available. The project will have two phases as described in Section 2 of
the Design Build Agreement: Phase Two will include:
200 SCFM CNG compressor with appurtenances, 4 meters, and 20 filling stations.
5 filling stations
200 SCFM CNG compressor with appurtenances, and 5 filling stations.
5 filling stations
5 filling stations
The construction will be completed in full within Phase 2 of the project, a Notice to Proceed will be
issued no later than 60 days after Phase 1 has been completed to start phase 2 as funding
becomes available. If a Notice to Proceed is not issued for Phase 2 of the project within 60 days after
Phase 1 has been completed, Contractor will be entitled to modify or amend supplier pricing for
equipment, materials and labor and make requisite adjustments in the pricing of Phase 2 of the
project. If the revised pricing exceeds the 15% contingency budget that the City of Santa Ana has
included in the project, the City of Santa Ana can elect to cancel Phase 2 of the project or accept the
changes in the amount of the revised Phase 2 pricing.
SPECIFICATIONS
These General Requirements for Mechanical Equipment apply, in general to the equipment furnished
under all divisions of these special provisions. They shall supplement the detailed equipment
specifications. But in case of conflict, the more stringent specifications shall govern. All electrical
equipment supplied under this contract including control panels, instruments, appliances, J-boxes,
motors, etc. shall be in strict conformity with all current applicable codes and regulations of the State
of California.
All equipment shall be new and shall not have been in service before.
City of Santa Ana - RFP 20-095
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12
1.2 SUMMARY
A. This specification covers design, manufacture, and delivery of one (1) Compressed
Natural Gas (CNG) Vehicle Fueling System. The CNG system shall consist of, but not be
limited to, the following minimum components:
1. One (1) 200 SCFM electric motor -driven skid -mounted CNG compressor system
complete with integrated compressor and time fill system controls. Must be modular
in design to accommodate future expansion for Phase 2, which will be of the same
type and size system.
2. One (1) single tower low-pressure regenerative desiccant type gas dryer. Should
be sized and equipped to add future compressor same size and type proposed for
Phase 2 of the project.
3. Ten (10) dual hose metered time fill post assemblies with twenty (20) hose
assemblies. Installation will be such that existing traffic patterns and parking is
sustained.
4. Defueling Station: The defueling station will safely vent vehicles CNG Fuel Tanks as
required for vehicle maintenance to be located next to the CNG equipment as the
defueling vents gas back into the compressor inlet pipe stream.
1.3 CODES AND STANDARDS
Equipment and assemblies shall comply with all relevant provisions of the latest revisions
of approved codes and standards and current industry practices including the following:
A. American Petroleum Institute (API):
1. API Recommended Practice 520 - Sizing, Selection, and Installation of Pressure
Relieving Devices in Refineries.
B. American Society of Mechanical Engineers (ASME):
1.ASME Section VIII, Division I - Boiler and Pressure Vessel Code - Pressure
Vessels
2. ASME Section V - Boiler and Pressure Vessel Code Nondestructive Examination
3. ASME Section IX - Boiler and Pressure Vessel Code - Welding and Brazing
Qualifications
4.ASME 831.J - Chemical and Petroleum Plant Piping
5. ASME BJ 1.1 - Power Piping
C. American Welding Society (AWS):
1.AWS AS. I - Covered Carbon Steel Arc Welding Electrodes
2.AWS A5.5 - Low Alloy Steel Covered Arc Welding Electrodes
D. National Fire Protection Association (NFPA):
1. NFPA 52 - Compressed Natural Gas (CNG) Vehicular Fuel Systems
2. NFPA 54 -National Fuel Gas Code
3. NFPA 70 - National Electrical Code (NEC)
City of Santa Ana - RFP 20-095
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4. NFPA 79 - Electrical Requirements for Machinery
E. Occupational Safety and Health Administration (OSHA):
1. Title 29 Code of Federal Regulations
F. Department of Industrial Relations - California Code of Regulations (CCR):
1. CCR - Title 8, Industrial Relations
G. California Building Code (CBC)
H. California Fire Code (CFC)
I. California Electrical Code (CEC)
J. Occupational Safety and Health Association (OSHA)
K. American Gas Association (AGA)
L. American Petroleum Institute (API)
1.4 SUBMITTAL$
A. General: Provide electronic submittals for distribution as follows: one for the City's
records, one for the City's Engineer, one for the Contractor and one for return with
comments to the vendor.
B. Shoo Drawings: Indicate piping system schematic with electrical and connection
requirements, general assembly of components, mounting and installation details, and
general layout of all control and alarm panels.
C. Product Data: System Components: Submit manufacturers' catalogue information
including capacity, component sizes, rough -in requirements, and service sizes. When
applicable, include electrical characteristics and connection requirements.
D. Calculations: Provide equipment run sheets or similar information to demonstrate
compliance with stated performance requirements for equipment. Provide anticipated
foundation loads and anchorage requirements for installation at the project site.
E. Acoustical Data: Provide test report data for acoustical enclosure to demonstrate
compliance with specifications.
1.5 QUALITY ASSURANCE
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14
1.5.1 All equipment shall be permanently affixed and accessible for maintenance and
operation in accordance with all code requirements. Supports for all equipment shall
conform to seismic requirements for intended location of installation.
1.5.2 The Supplier shall notify the City's Representative no later than 10 working days prior to
factory testing of the compressor systems to allow the City Representative the option to
witness the test prior to shipment. Witnessing of the testing does not relieve the
manufacturer of the responsibility to comply with the specifications.
1.5.3 All paint and priming products, whether shop or field applied, shall be lead, chromium,
and cadmium free. In addition, these products and all other materials used shall comply with
local, regional, state and federal air quality rules and regulations, especially thoseof the
South Coast Air Quality Management District.
1.5.4 All materials and exposed surfaces subject to corrosion, shall receive a two -coat shop -
applied paint system.
1.5.5 Equipment furnished shall be factory inspected and certified by a National Recognized
Testing Laboratory approved by local authority having jurisdiction for compliance with
NFPA 70. Certification shall be evidenced by a written report and the application of a
sticker on the equipment by the third -party inspection firm.
1.5.6 Deviations: Compliance with the provisions of this specification is the vendor's
responsibility. Any deviation from this specification, or any of its provisions, shall be
clearly identified in the vendors bid.
1.6 Qualifications
1.6.1 Manufacturer: Company specializing in manufacturing and packaging products and
equipment specified in this section with minimum of five (5) years documented
experience.
1.6.2 References: On company letterhead, provide references for at least (5) projects of
similar size and complexity completed within the last five (5) years. State years of
experience as described in Part 1.5-A. Include company name, address, primary
contact's name and phone number, date completed, and approximate value of the
contract. One paae per project.
1.7 GENERAL DESIGN CONDITIONS
1. Electrical power supplied to the system will be 480 VAC ± 10%, 3-phase, 60 hertz,
unless noted otherwise. Power will be provided from an existing power distribution
panel located approximately 100 feet from the equipment.
2. Natural Gas: PSE form from gas company will be provided when available from
Southern California Gas Company.
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1.8 GENERAL PRODUCT REQUIREMENTS
A. Sufficient access shall be provided to perform major work on the equipment, including
the removal of driver. All electric panels shall have the necessary clearances in front of
openings as required by code. Sufficient access may be provided by removal of all or
part of the enclosure.
B. System shall be sized to provide the total specified gas flow with a single compressor.
C. All furnished equipment shall be new. All equipment shall comply with all provisions of
this specification including warranty requirements.
D. The skid assembly shall comply with design requirements of appropriate sections of
CBC.
E. The skids shall have bolt holes to facilitate mounting of anchor bolts to a concrete
foundation, and provisions for lifting.
F. Structural steel skids shall be of welded construction.
G. INSTRUMENTATION AND CONTROLS
Pressure Gauges:
• All gauges shall read at least 1.2 times the system design pressure (NFPA 52).
• Accuracy, including hysteresis, shall± 1.5% of full scale or better.
• Rear blowout protection shall be provided.
• All gauges shall be waterproof and oil -filled.
• The dial shall have a minimum diameter of 2-1/2 inches.
2. Temperature Gauges (not required if RTDs or TCs are into PLC's HMI):
• Accuracy shall be within 1 % of the full scale or better.
• The Dial shall have a minimum diameter of 2-1/2 inches.
3. All instrument components interfacing with natural gas shall be made of material
compatible with odorized natural gas. No copper metal or alloys containing more
than 70% copper shall be used in natural gas service.
4. All gauges and frequently operated manual valves shall be located no higher than
seven (7) feet above grade and shall be easily operable and viewable.
H. PIPING/ TUBING
City of Santa Ana - RFP 20-095
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16
1. Gas piping design, fabrication, inspection, and testing shall be in accordance with
ANSI B31.3.
2. Cast iron or semi -steel shall not be used.
3. Threaded gas pipe connections may be used on 2-inch nominal pipe size and smaller for
piping systems with a maximum operating pressure no greater than 150 psig.
Otherwise, such piping shall be socket- or butt -welded. Larger than 1-1/2-inch nominal
pipe size shall be butt -welded regardless of its operating pressure.
4. Tubing and tube fittings shall be stainless steel. Tube fittings shall be rated for at least
6000 psig working pressure. Tubing fittings 3/8 inch or smaller shall be Swagelok or
approved equal. Tubing fittings 2 inch or larger shall be Parker Face Seal stainless
steel or approved equal. Different or mixed brands of fittings shall not be used. Bidder
may use stainless steel pipe and socket welded stainless steel fittings in lieu of
stainless -steel tubing and compression type fittings except where disassembly is
required for maintenance.
5. Stainless steel tubing shall be seamless and bright annealed, ASTM SA 213, type 316.
The maximum hardness of the stainless -steel tubing shall be no more than Rockwell
hardness of 80. Where the following nominal OD tubing is used, the corresponding
minimum wall thickness shall be:
Nominal OD Minimum Wall Thickness
1 /4" 0.049"
3/8" 0.065"
1 /2" 0.083"
3/4" 0.1091,
1" 0.134"
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SECTION 2
NATURAL GAS COMPRESSOR SYSTEM
1.1 Acceptable Manufacturers/Packagers:
A. ANGI with starter panel and communication panel
B. CMD with starter panel and communication panel
C. Or approved equal
1.2 Design Conditions
• Inlet Pressure 15-40 psig (regulated)
• Outlet Pressure 4500 psig
• Flow Rate—400SCFM
1.3 The compressor shall be electric -driven and specifically designed to compress natural gas. No
converted air compressor shall be used.
1.4 The compressor shall be designed for automatic starting, unloading, blowdown, idling, and
shut off and shall be furnished with a suitably sized gas recovery system to feed blowdown
gas back into the system.
1.5 The compressor shall be equipped with suction and discharge automatic (motor or solenoid
operated) isolation valves and check valves.
1.6 Compressor bearings and journals shall be lubricated by a pressure or splash lubrication
system. Cylinders may be splash lubricated or of a non -lubricated design and shall be air-
cooled. System shall be provided with low oil level or pressure alarm or shut-off.
1.7 Each stage of compression shall be protected from over -pressurization with a suitably
sized relief valve. All relief valves shall be ASME-rated and stamped. Relief valves may be
connected to a common vent header terminating above the roof of the compressor
enclosure at minimum of 12 feet above grade (vent stack and stack supports [15 feet, if
needed] shall be furnished with compressor).
1.8 Compressor shall be either belt or direct drive. Belt drive assemblies shall include adjustable
motor mountings and shall have suitable guards on all moving parts per OSHA and Cal -
OSHA requirements.
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1.9 Compressor, compressor control panel, and related equipment shall be mounted on a
common, enclosed, and lockable, skid.
2.1 The compressor shall be furnished with the vendor's standard enclosure. If standard
enclosure will result in observed noise levels exceeding 80 dBA at ten feet from the unit,
vendor shall provide anticipated sound levels with their standard enclosure and also quote,
as an option, a sound attenuating enclosure to reduce the anticipated sound levels to below 80
dBA.
2.2 All materials shall be non-combustible, or fire rated.
2.3 Exposed hot surfaces shall have guards or covers for personnel protection in accordance
with OSHA and Cal -OSHA requirements.
2.4 Intercoolers and aftercoolers shall be sized a minimum 20% over capacity to compensate for
fouling. The final discharge temperature shall not exceed 20F above the ambient gas
temperature, unless approved by the City's Engineer.
2.5 Suction and discharge pulsation dampeners shall be provided.
2.6 Electric Motors
A. Acceptable Manufacturers:
1.
Baldor
2.
U.S. Motors
3.
Leeson
4.
WEG
5.
Or approved equal
B. Electric motors shall be totally enclosed fan cooled (TEFC) or explosion proof as
required for Class I, Division 2, Group D per NEC, and be constant speed, induction
type with a minimum service factor of 1.15.
C. Motors shall be NEMA premium efficiency type with the highest available efficiency as
listed in the latest version of the Motor Master database and verified by the
manufacturer. Motor brake horsepower and RPM shall be specified by the vendor.
The vendor shall select motor/drive train to provide the minimum compressor and
motor life -cycle costs.
D. All motors shall be rated for 480 Volt, 3-phase, 60 hertz and rated for continuous
duty.
E. Solid state motor starters shall be located on the skid in a suitable enclosure. The
compressor electrical system shall include solid state starter magnetic contactors,
overload relays, and circuit breaker, disconnects, or fuses, for all other skid
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mounted equipment including radiator fans, coolant pumps, ventilation fans, lights,
and controls as necessary.
F. The system shall be designed to accommodate up to 6 starts per hour without
damage to the motor. The control system shall shut down the compressor system
upon excessive starts and indicate the fault.
2.7 Gas Recovery System
A. The gas recovery system shall be designed to take the compressor blowdown gas and
store the gas in a captive tank for re -compression upon the next startup of the
compressor.
B. The captive tank shall be ASME-rated and have the necessary capacity and
working pressure to store the blowdown gas without relieving gas to atmosphere
or to the station suction line. The captive tank shall have full capacity relief
protection and shall be located within the compressor enclosure.
2.8 Compressor Controls and Instrumentation
A. Acceptable Manufacturer:
1. Allen Bradley
2. Or approved equal
B. A local control system, instrumentation panel, and communication panel shall be
furnished and fully integrated into the compressor system.
C. All controls and instrumentation shall comply with the NEC requirements for class
I, Division 2, Group D, or be classified intrinsically safe, as dictated by code.
D. All pressure gauges and dial thermometers shall be stainless steel. No sensing
element containing brass or copper shall be permitted. Pressure gauges shall be
liquid -filled and have rear blowout protection.
E. Each compressor shall have, as a minimum, the following control devices and
indicators:
1. Compressor Shutdown Protection
High inlet pressure
Low inlet pressure
High discharge pressure
Low discharge pressure (w/time delay)
Low oil pressure or level
ESD shutdown
City of Santa Ana - RFP 20-095
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Drive motor failure
Cooling fan motor failure (if equipped)
High discharge temperature
2. Compressor Instruments and Controls
Suction pressure gauge
Inter -stage pressure gauge (each stage)
Final discharge pressure gauge
Hour meter
Receiver pressure gauge
Unload Restart Control
Oil pressure switch gauge (if pressure lubricated)
Manual Start/Stop Switch
Discharge pressure Auto Start/Stop control
Power on light
ESD system w/ push button on front of enclosure
Valve functions
F. A common termination point shall be provided for connection of remote emergency
shutdown switches, 120 VAC remote annunciation of shutdown alarm, and other
field wiring connections. Remote shutdown switches will be connected in series.
2.9 Time Fill Control
A. An electronic type temperature compensating time fill system will be provided to
control time fill operations. System shall be on -skid and fully integrated into
compressor system. System shall be field adjustable for 3000 or 3600 psig fills.
Provide pressure relief on downstream side of system to prevent vehicle
overpressure in the event of a system failure. Provide inlet reference and outlet
pressure gauges or digital readouts inside the panel for inspection and adjustment
of set points. Time fill system shall be metered to control and measure delivered
GGE to each time fill hose.
2.10 Filters
A. Acceptable Manufacturer:
1. Finite
2. Nowata
3. Or approved equal
B. The compressor shall be equipped with filters in the suction and interstage, and
discharge piping. The filters shall capture aerosol and solid particles greater than
0.6 microns and 0.2 microns, respectively.
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C. All filters and vessels shall be equipped with an automatic or manual blowdown
valve and a drain line or hose routed the edge of the skid if not readily accessible.
3.0. Enclosure
A. A totally enclosed weatherproof and sound -attenuating enclosure shall be provided for
the compressor assembly, and ancillary equipment in accordance with the following
requirements:
B. Materials: All materials used shall be non-combustible or fire -rated materials. The
enclosure shall be of welded steel construction. The enclosure base frame shall be
fabricated of minimum 8 "channel and/or I- beam. Walls and roof material shall be
heavy gauge steel for rigidity. Roof material shall be a minimum # 16-gauge steel.
C. The enclosure shall have lockable steel doors to provide access to equipment for
routine maintenance and inspections. The base frame shall be designed for the
mounting of removable equipment assemblies. Plate walkway shall be provided. All
interior floor areas, which are large enough to stand on, are to be covered with anti-
skid floor plate. Anti-skid floor plates shall be removable, if necessary, for
maintenance access. The roof shall be pitched for water run-off. A gauge panel
viewing window shall be provided in the enclosure door or wall for the viewing of
instruments without opening or entering the enclosure. All piping, and electrical
connections shall be provided on the rear of the enclosure.
D. Sound Attenuation: If necessary, all walls and roof of the compressor enclosure shall
be lined with flame resistant sound attenuating material to minimize equipment noise
levels to a maximum of 80 dB at ten (10) feet outside any enclosure wall. No octave
band shall exceed the average of its neighbors by more than 5 db.
E. Lights: If enclosure is intended for personnel entry, one (1) explosion proof (Class I,
Division I or 2, group D) ceiling light shall be provided, complete with explosion proof
wall mounted manual light switch, within the enclosure.
F. Paint: Before painting, metallic surfaces shall be cleaned and free of mill scale,
burrs, and sharp edges. All painted surfaces shall be prepared in accordance with
the paint manufacturers written instructions. Finish shall be powder coated or paint
as per the following:
1. Coat anti -corrosion, abrasion resistant industrial primer - 2 mils
minimum dry film thickness.
2. 1 coat impact resistant, weather resistant high -quality gloss enamel -
1.5 mils minimum fry film thickness.
3. Minimum total dry film thickness 3.5.
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SECTION 3
NATURAL GAS DRYER
1.1 Acceptable Manufacturers:
A. Xebec
B. PSB
C. Or approved equal
General: Skid mounted single tower gas dryer (dehydrator) suitable for use to dry pipeline
quality natural gas before being processed for use as a motor fuel. System will be furnished
complete and ready for use with all necessary accessories or components, whether
specified or not, necessary to provide a safe, durable, maintainable, and functional system.
1.2 Design Conditions
Design Flow Rate
Inlet Gas Pressure
Inlet Gas Temperature
Inlet Gas Water Content
Ambient Air Temperature
Vessel Design Temperature
Outlet Gas Water Content
Outlet Gas Dew Point
Duty Cycle
1.3 Filters:
Minimum 400 scfm
15 to 50 psig
50 to 60 deg F
7 Ibs/MMscf
20 deg F to 120 deg F
-20 deg F to 500 deg F
Per NFPA 52
PerNFPA 52
12 hrs/day
A. Pre -filter: A cartridge type coalescing pre -filter shall be located at the inlet to the dryer. Filter
element shall remove 99.99% of particles larger than 0.01 microns and aerosolslarger
than 0.1 microns.
B. After Filter: _A cartridge type filter shall be located at the outlet of the dryer. Filter element
shall remove 100% of the particles 1.0 microns or larger.
C. Housing and bowl shall be of aluminum or carbon steel and fitted with a drain port for
removal of collected liquids.
D. Filters shall be located to allow replacement of the filter elements without removal of
the filter housing from the piping system.
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E. Furnish inlet and outlet isolation ball valves at each filter.
F. Differential Pressure Gauges: Each filter shall be furnished with locally mounted
differential pressure gauge which is connected to the filter head.
1.4 Dryer:
A. General: Natural gas dryer shall be an insulated single tower desiccant (molecular
sieve) dryer.
B. Desiccant tower shall be an ASME U-stamped carbon steel pressure vessel designed for
150 psig at 500 deg F with a 1/16 corrosion allowance.
C. Tower shall be furnished with a local dial type pressure gauge with back -panel blowout
and an ASME Code pressure relief valve complete with a lockable isolation valve.
D. Tower shall be fitted with suitable desiccant fill and drain ports and stainless -steel inlet
diffuser and desiccant support screens.
E. Desiccant: Tower shall be loaded with high capacity Type 3A molecular sieve for
minimal co -adsorption of mercaptans, CO2, H2S, and other components or trace
elements from natural gas, with a minimum life of 5 years.
F. Insulation: Tower shall be wrapped with fiberglass insulation and an aluminum skin to
maintain optimal adsorption temperatures and to prevent accidental physical contact
with any hot surfaces during regeneration. Insulation and cladding shall be suitable for
outdoor installation.
1.5 Valving:
A. Regeneration Valves: Dryer shall have valved regeneration inlet and outlet
connections to facilitate regeneration with an external unit. Both valves shall be rated
for gas service. Inlet valve shall be suitable for high temperature service. Both valves
shall be lockable.
B. System By -Pass: Provide one system by-pass valve near the system inlet and
outlet.
1.6 Skid and Assembly:
A. Manufacturer shall furnish all piping systems and all equipment, mounted on a
skid. Connections shall be sealed for shipment.
B. All piping shall be carbon steel. SA53 Grade B with wall thickness to meet the
required design conditions. Minimum schedule 40.
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C. Fittings 2" and under shall be threaded malleable iron, class 150, ASTM 1197.
Larger fittings shall be butt weld type ASTM A234 WPB of the same wall thickness as the
adjoining pipe.
D. Flanges shall be forged steel, slip-on or weld neck. raised face, ASTM A- 1 05,
bored to match the I.D. of the pipe. Flange ratings shall be as required for the design
of the piping system.
E. Welding and welder qualifications shall conform to the requirements of the ASME
Boiler and Pressure Vessel Code or AP! Standard 1104. Filler metals shall be selected
in accordance with AWS or ASTM Standards.
F. All electrical systems for all electrical equipment shall be furnished and installed
on the skid. Electrical construction shall be in accordance with N FPA 52 and N FPA
70 for Class I, Div II, Group D. Terminal strips shall be furnished with all internal wiring
complete to these terminal strips. Electrical control panel(s) shall be waterproof NEMA
4. Power required shall be 120 Volt, I phase, 60Hz. Provide a separate grounding lug
on the skid.
G. Painting: Skid, equipment, piping and all other ferrous materials which are not
insulated shall be primed and painted. A minimum of one primer and two finish coats
are required. One quart of touch up paint to match the finish shall be furnished with the
equipment.
1.7 Instrumentation: Provide a continuous dew point monitor with selectable digital dew point
indication in degrees C or F at the dryer control panel. Moisture sensor shall be mounted
at the dryer outlet to verify the outlet gas dew point. Provide two alarm lights: one for
deteriorating dewpoint performance and one for regeneration required. Provide two set of
dry alarm contacts for a remote signal.
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SECTION 4
TIME FILL POSTS
A. General
1. Ten (10) time -fill post shall have two fill hoses and each fill hose shall be of a
two (2) hose design. Metering of each time fill hose is required.
2. Each time -fill dispensing hose shall be 20 feet long, 3/4-inch inside diameter,
with a 1/4-inch vent line.
3. Each time -fill hose shall be labeled for natural gas service, tagged to indicate
date of manufacture and pressure test, electrically conductive, CSA Group
certified for 5,000 psig, and capable of dispensing natural gas at a temperature
compensated fill pressure of 3,600 psig at 70F.
4. Each lime -fill dispensing hose and vent hose shall be conductive to prevent
buildup of static electricity. Acceptable manufacturers are Parker Paraflex or
equal. Each dispensing hose shall have an NGV-1 Type 2, 3,600 psig rated
nozzle attached at the vehicle fill end. Acceptable manufacturers are OPW or
equivalent. Each hose of the two -hose design shall have straight pull breakaway
fittings to stop the flow of gas in the event of a drive off.
5. Each dispensing vent hose shall discharge vented gas to atmosphere at the top
of each time -fill post, if permitted by the South Coast Air Quality Management
District.
6. The flow of gas to a vehicle shall continue until the electronic time -fill control
system signals a complete fill or is manually stopped. The shut-off fill pressure
shall be electronically ambient temperature compensated at a fixed reference
temperature of 70F. The system shall allow unrestricted CNG flow until the
shutoff pressure is reached.
7. Each time -fill hose shall be equipped with a hose retractor to keep the hose from
touching the ground when not in use with the nozzle in the post holster. Each
retractor shall be attached to the top of post and shall allow for full extension of
hose forfilling, without restriction.
8. Each time -fill post shall meet Class I Division 2 Group D NFPA 70 requirements.
9. Signage and wording required by NFPA 52, including fueling instructions, shall
be attached to each time -fill post.
City of Santa Ana - RFP 20-095
CNG Fuel Station: Design, Build, Operate and Maintain
26
B. Time -fill System Inlet Filters
Two inline coalescing filters shall be connected above ground to the pipe or stainless
steel tube at the inlet to the time -fill system. The two coalescing filters shall capture
aerosol and solid particles greater than 0.6 microns and 0.2 microns, respectively. Each
filter shall have a design pressure not less than 5000 psig. Filter element replacement
shall be performed without removing the connection piping or tubing. Filters shall be
Parker Finite J2 or approved equal with a block and bleed drain system installed on
each filter housing. Filter housings shall be installed with double ferrule fittings.
City of Santa Ana - RFP 20-095
CNG Fuel Station: Design, Build, Operate and Maintain
27
SECTION 5
TESTING STARTUP AND TRAINING
1.0 Prior to shipment, each CNG compressor shall be operated for a minimum of two (2)
continuous hours and functionally tested. The test shall include, but not be limited to,
operation of each compressor, all control, safety shutdown and alarming systems, etc.
1.1 A minimum of three consecutive days, including all travel and subsistence, shall be provided
for testing and start-up by the supplier. Each piece of equipment shall undergo a witnessed
system test. At least two (2) weeks prior to the system test, the Supplier shall submit to the
City's Engineer draft Maintenance and Operating Manuals. During the testing of the
mechanical, instrumentation and electrical equipment, the Supplier shall make available
representatives of the manufacturers of all the various pieces of equipment or other
qualified persons who shall instruct the City's personnel in the operation and maintenance
thereof. Natural gas shall be used for the system test. Piping and tubing shall be purged
with nitrogen prior to introducing natural gas. Overall station operation and testing shall be
coordinated and performed by the construction contractor. The Supplier shall be
responsible for running and testing only the equipment furnished by Supplier. The tests
shall include, but not be limited to, the items listed below.
A. Run -test for proper operation including calibrating all instrumentation
B. Test the ESD system
C. Test compressor control panels and shutdowns.
D. Test dryer system.
E. Test dispensing systems.
F. Any discrepancies in the equipment found as a result of these inspections and
tests shall be corrected by the Supplier at no cost to the City (including the cost
for making the corrections and repeating the tests within two (2) weeks).
1.2 WARRANTY SERVICE
Supplier shall provide a one-year warranty on all furnished equipment covering all non-
consumable parts and labor. The warranty shall be for a period of one year from the date of
final written acceptance of the equipment by the City. Acceptance by the City may take up
to 60 days from successful commissioning of the CNG station equipment.
Warranty period shall commence upon written acceptance of the system as defined above.
1.3 Acceptance by the City's Representative of the fueling station and associated items
furnished by Supplier under this specification shall occur only after the following
requirements have been met:
City of Santa Ana - RFP 20-095
CNG Fuel Station: Design, Build, Operate and Maintain
28
A. It has been demonstrated to the satisfaction of the City's
Representative that the fueling station, meets and conforms to the
requirements of the specification and drawings.
B. All testing required by this specification have been successfully
completed and have been accepted by the City's Representative.
C. Acceptance by the City's Representative of the respective
witnessedtests shall not release Supplier from any of its warranty
obligations, or any other obligation, under this Specification, the
Contract, the law, orin equity.
1.4 Supplier shall provide an informal training class in station operation,
service, and maintenance while on -site. The Supplier shall instruct the City's
designated operating and maintenance personnel in the correct and safe
operation, adjustment, and maintenance of all equipment and systems.
The basis of instruction shall be the station operating and maintenance
manual.
1.5 EQUIPMENT RECORD DRAWINGS
The Supplier shall update the approved shop drawings to reflect any field
modifications after delivery from the factory. The "as -built" shop drawings
shall be incorporated into the station operating and maintenance manuals.
1.6 OPERATING AND MAINTENANCE MANUALS
All product data and related information appropriate for City's
maintenance and operation of all products and systems provided under
this Contract shall be compiled into an integrated operating and
maintenance manual. A minimum of two copies shall be provided to the
City prior to acceptance.
---End of SCOPE OF WORK FOR DESIGN AND BUILD
Section.—
A
TruStar
Energy CNG
08/28/2020 - Proposal No: 01210019
CNG Time -Fill Fueling Station Proposal
Created Exclusively for
City of Santa Ana
08/28/2020
TruStar Energy— 10225 Philadelphia Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793-8056 • www.trustarenergy.com
A
TruStar
Energy CNG
Table of Contents
08/28/2020 - Proposal No: 01210019
TruStar
Energy CNG
GeneralStation Layout......................................................................................................................................32
TIME -FILL STATION EQUIPMENT OVERVIEW...........................................................................................34
EQUIPMENT OVERVIEW................................................................................................................................................35
COMPRESSOR ENCLOSURE........................................................................................................................................... 35
CONTROLSPECIFICATIONS.......................................................................................................................................... 36
INSTRUMENTATION........................................................................................................................................................ 36
ELECTRICMOTOR............................................................................................................................................................ 36
COMPRESSOR AREA EQUIPMENT............................................................................................................................... 36
The electrical equipment will be located a minimum of 15' from the compressors and other gas -
supplied equipment. The electrical area will contain the following items: Service Entrance Main
Disconnect, Motor Starter Panel, and optional items, such as communications panel, power
distribution panel and manual transfer switches............................................................................................... 36
TIME -FILL AREA AND EQUIPMENT............................................................................................................................ 37
Start Up and Commissioning- Included................................................................................................................... 39
TruStar Energy— 10225 Philadelphia Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793-8056 • www.trustarenergy.com
A
TruStar
Energy CNG
08/28/2020 - Proposal No: 01210019
General Station Layout for City of Santa Ana
B
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TruStar Energy- 10225 Philadelphia Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793-8056 • www.trustarenergy.com
A
TruStar
Energy CNG
Dear City of Santa Ana,
TruStar Energy is pleased to offer the following proposal for a time -fill station at the following location:
215 S. Center St,
Santa Ana, CA 92703
This 100% turnkey proposal addresses the following requirements:
• Design, Planning, Permitting, Equipment, Construction, Start Up and Training
This proposal includes 2 compressor(s) and 40 time -fill hoses
Use the table below to determine the production capability of this proposal
COMPRESSOR PERFORMANCE CAPACITY [1 DGE = 1.39 cubic feet / 1 GGE = 1.267 cubic feet]
Compressor
Per Min.
Per Min.
Per Hr.
Per Hr.
Per 7 Hr.
Per 7 Hr.
Per 10 Hr.
Per 10 Hr.
Production
Production
Production
Production
Production
Production
Production
Production
GGE
DGE
GGE
DGE
GGE
DGE
GGE
DGE
1
1.66
1.5
99.52
90.22
696.67
631.51
995.24
902.16
2
3.32
3.01
199.04
180.44
1393.33
1263.02
1990.48
1804.32
The Time -Fill Station as quoted has the following dispensing capabilities.
Equipment:
• Time fill 1 vehicle with 25 DGE in: 0.14 hours
• Time fill 10 vehicles with 25 DGE in: 1.39 hours
• Time fill 30 vehicles with 25 DGE in: 4.16 hours
• Time fill 50 vehicles with 25 DGE in: 6.93 hours
Time fill 75 vehicles with 25 DGE in: 10.39 hours
The compression scenario is based off of an inlet pressure of 30 PSIG with adequate flow. Lower pressures
will affect the production by lowering the per minute/hour production.
Steve Breeze
TruStar Energy Sales Representative
TruStar Energy— 10225 Philadelphia Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793-8056 • www.trustarenergy.com
TruS
tar
Energy CNG
TIME -FILL STATION EQUIPMENT OVERVIEW
DESIGN AND ENGINEERING (to be performed by TruStar Energy)
TruStar Energy will initially meet to understand the requirements of your proposed station. At TruStar
Energy's discretion TruStar Energy will provide exhibit drawings. The design will be based off the
conceptual layout for the location. Upon signed agreement and 20% down payment, a final design
will include PE -stamped CAD drawings for each phase of the project, including but not limited to:
electrical, mechanical and civil for permitting purposes. TruStar Energy will acquire all permits
necessary for complete build in all phases of construction.
Design and construction will consider industry standards and all executable local, State, and/or Federal
building codes as interpreted by the Fire Marshall and/or building inspector with regional jurisdiction.
PROJECT MANAGEMENT
A dedicated project manager is assigned to each project for the duration of the project. The assigned
project manager is involved with the project from the design phase throughout the construction and
startup. The project manager will be 100% responsible for all of the daily activity at the job site and will
report construction progress to the customer's designated contact on a weekly basis. This project
manager is responsible to ensure that all TruStar Energy employees and subcontractors follow TruStar
Energy and Customer safety and site policies. The project management fee includes site equipment
mobilization, TruStar Energy employee travel & lodging and project management.
START UP LABOR
Includes certified equipment technician on site for four days, on site operations and maintenance
training and one site follow-up visit by technician in first six months after start up.
UTILITY EXTENSIONS REQUIRED BY CUSTOMER
• A single High Speed Broadband Internet (RJ45) connection for CP-400 Communication
(3MB minimum - 7MB optimal) package is required at the compressor staging area.
• A second phone line is required for customers using a gas broker for a telemetric meter.
• A third High Speed Broadband Internet (RJ45) connection (3MB minimum - 7MB optimal) is
required for customers using a credit card reader for public fuel dispensing or private fleet
information collection.
Electrical Service -
• A 400 amp electrical service is required at the compressor staging area from your Electric Utility
provider - 277/480, 3 phase 4-wire service.
Natural Gas Service -
• 30 psi pressure capable of delivering 25080 cubic feet of natural gas per hour, with the gas
meter located at the compressor staging area. Note: (lower pressures can be acceptable for
the production of CNG at the designated site location. Lower pressures will drop the hourly
production rate of CNG.
The customer is responsible to provide all electrical, phone and gas service as required within 25 feet of
the compressor compound and responsible for all associated costs. TruStar Energy will work with your
local utilities to validate existing service and determine what necessary upgrades are required to satisfy
utilities requirements. Assumptions: TruStar Energy takes no responsibility for the unforeseen. TruStar
Energy assumes that the soil is not contaminated and is suitable for backfill.
Tru3ar Energy - 10225 Phladelph is Court, Rancho Cucamonga, 91730. 909-793-3700 • (fax) 909-793.J0 56 • www.trushrenergy.com
Tru Star
Energy CNG
EQUIPMENT OVERVIEW
Please find a full station order summary [including quantities] at the end of this proposal.
2 ANGI 300 JGP 100 hD - 209 scfm Comaressors - Included
Compressor: Lubricated, Reciprocating, Balanced, Opposed
Number of Stages: 4
Manufacturer: ANGI - All weather enclosures included. Compressor is positioned so that access doors
can be opened fully to access compressor and components inside enclosure.
COMPRESSOR ENCLOSURE
The ANGI 300 compressor comes standard with a power -coated sheet metal enclosure with access
doors and removable panels. The maximum emitted noise from the skid is 78 dBa @ 10' (typical for
enclosed skids). Unless specified by the customer, the enclosure comes painted in white with a gray
skid. Included options include one enclosure light and an IR gas detector.
CONSTRUCTION
Piping 2" diameter and smaller is of socket weld construction. Piping construction methods shall
conform to ANSI B31.3 3. Flanged piping joints shall use spiral -wound, metallic gaskets. Tubing shall
be of seamless ASTM-316 type of adequate pressure rating. Tube fittings 1 /2" or smaller shall be
Hoke brand or Swagelok brand. Tube fittings 1 /2" or larger shall be Parker "Seal-lok" fittings with face
seal O-rings. All carbon steel surfaces shall be adequately prepped and painted using industrial
epoxy paint. All components shall be suitably braced.
INLET SYSTEM
Inlet connection: Varies based on site conditions. 2. Inlet Valve: Solenoid valve. 3. Inlet Filter:
Particulate filter with serviceable, removable filter made of stainless steel mesh construction. 4. Inlet
Flex Hose to be provided, manual isolation valve to be provided, with construction start up strainer
to be provided.
CAPTIVE RECOVERY SYSTEM
Complete skid -mounted captive recovery system for filter blow -down and unloaded starts and
stops. The system includes a 100-gallon, vertical ASME tank rated for 600 psig. The recirculation
system includes a high -flow recirculation regulator, system relief valve and receiver tank drain.
SKID CONSTRUCTION
The NG300 Single Unit Skid measures 12' L x 7-6" W x 8'-5" H, and weighs 15,000 Ibs and built to Ariel
Compressor Packaging Standards. The open skid is made of welded, structural beams. The main
beams are full -depth steel channel or tubes. Rigid mounting surfaces are provided for the
compressor and driver. The skid is designed with an overhead support frame and hold-down bolt
holes are provided at four (4) external and two (2) internal locations.
FILTRATION
Serviceable filtration is provided on the inlet of the compressor, on all inter -stage circuits and prior
to discharge. The inlet particulate filter comes with a serviceable element made of stainless steel
mesh construction. Coarse coalescing filters with stainless steel oil knock -out elements are provided
on all inter -stage circuits. Pre -coalescing and fine -coalescing final filters are provided on the
discharge circuit for oil elimination.
TruBar Energy - 10225 Phladelph is Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793.jj()56 • www.trustirenergy.com
Tru Star
Energy CNG
CONTROL SPECIFICATIONS
Control System.........................................................
PLC Make / Model ..................................................
1/O
1/0 Arrangement (Max 1/0 Indicated) ...............
Mounting Location of Controller ..........................
Electrical Classification of Control Panel............
Operator Interface .................................................
key switches
Available Network Connections ..........................
ANGI CCS Compressor Control System
Panel, Control, Compressor, Horner Electric RX371
24D1/16DO/20Al/4AO
On -skid, UL NNNY, mounted in NEMA 3R Enclosure
Class I Div II Per NFPA 78
Panel mounted graphical display, pilot lamps and
CsCAN, Ethernet, Modbus*, DeviceNet
INSTRUMENTATION
STANDARD INSTRUMENTATION: Analog: Inlet Pressure Transducer, Interstage Pressure Transducer,
Discharge Pressure Transducer, Interstage Discharge Pressure RTD, Compressor Oil Pressure Transducer.
OPTIONAL ANALOG INSTRUMENTATION INCLUDED: Enclosure Gas Level (%LEL). DIGITAL
INSTRUMENTATION: ESD Active Dry Contact, Hi Gas Level
ELECTRIC MOTOR
Manufacturer: WEG Baldor or Equal / Operating Speed - 1785 rpm /NEMA, TEFC, Class 1 DIV 2 / 3-
phase - 460/60 Hz
COMPRESSOR AREA EQUIPMENT
COMPRESSOR EQUIPMENT BASE AREA - Included
Compressor pad area is composed of a minimum of 12-18" concrete base (depending on compressor
configuration and local building codes). The compressor equipment base area will house compressors,
storage, priority panel, inlet gas dryers and gas meter assembly.
The area inside the compressor compound (around the concrete equipment pads) is finished with a
surface of 3/4" river rock (asphalt or concrete finish optional). By code, the compressor area must be
protected by bollards or continuously connected guardrail.
ELECTRICAL EQUIPMENT BASE AREA - Included
The electrical equipment will be located a minimum of 15' from the compressors and other gas -supplied
equipment. The electrical area will contain the following items: Service Entrance Main Disconnect, Motor
Starter Panel, and optional items, such as communications panel, power distribution panel and manual
transfer switches.
COMPRESSOR AND ELECTRICAL EQUIPMENT AREA PROTECTION - Included
When guardrail is chosen for protection posts are typically spaced 7' on center and are anchored 36" -
60" below the ground surface. Guardrail height is set at 36" above the surface level. The time -fill post will
be mounted in an 18" dia. x 3' deep concrete base.
If bollards are chosen for protection, the compressor pad area will include 3' tall - 4" concrete -filled steel
protective bollards anchored in an 18" diameter base, 3' in depth spaced 4' on center. The bollard is
covered in a safety yellow TruStar Energy -branded plastic sleeve.
CHAIN LINK FENCE: - Included A 6-foot high 2-1 /4" x 11-1 /2 ga. galvanized -steel fence will be installed
around the compressor / electrical equipment areas. Includes a lockable service gate. The gate size will
be 3-feet wide unless otherwise specified.
TruBar Energy - 10225 Phladelph is Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793.jj()56 • www.trustirenergy.com
TruS
tar
Energy CNG
COMMUNICATIONS PACKAGE: - TSE Wireless Communication Panel - Included
TSE Wireless Communication Panel: A TruStar Energy engineered wireless full-time equipment monitoring
system which includes: email and text messaging for system faults, continuous time -based logging of
system operating parameters, continuous event -based logging of system events. The system provides
local web server for real-time and logged data display. Provides for remote access for TruStar Energy
data collection and support via secure VPN connection. Also provides Network Address Translation [NAT]
for secure interface to the customer's network.
INLET GAS DRYER: GD-024-S-M-460-150-3 - Included ANGI single tower manual regen dryer, 24" vessel, 150
psi design pressure, 3" class 150 flanges. Includes digital dew point monitor, isolation and bypass valves,
blower, heater, cooler, water separator and collection tank to regenerate the desiccant. Requires
460/3/60 power.
MOTOR STARTER PROVISION: Motor Starter - Dual 100 hp - Qty 1 - Included
The motor starter panel is designed to perform several different custom functions within the compressor
design - as well as a soft start for your electric motor. The other functions include, but are not limited to:
dryer power, enclosure power, gas detection power, time -fill panel power, cooling fan power, ESD for
time -fill line power, and spares for future options.
DIRECT FILL POST WITH STORAGE PROVISIONS - 4-Bottle TF Buffer Storage: - 6,840 cubic ft with Direct Fill
Post and Hose - Included
This option serves two purposes: as buffer storage, it functions to protect the pressure relief valves on the
compressors from back pressure on the time -fill line in the event time -fill lines are disconnected while the
compressor is operating. The second purpose provides a means to direct -fill vehicles (similar to fast fill)
and dedicates all storage and compressor production to one single vehicle without having to disconnect
time -fill lines currently connected to vehicles. This direct fill includes one skid of 4 DOT bottles with bottom -
mounted drains - capable of storing 6,840 scf of CNG. Approximately 54 GGE is available from this
storage depending on pressure in the receiving vehicle.
EMERGENCY SHUTDOWN AND FIRE EXTINGUISHERS TO MEET BUILDING CODE - Included
Shutdowns are located at compressor area and dispenser area.
• Includes Emergency Shutdown Switch at dispenser area
• Fire Extinguisher - 5 lb./ 20 BC/model B402/B402T, 3A:40B:C/ 25-gallon water equivalent
• Safety Signs at dispenser area
• Safety Signs at dispenser area and time fill areas
TIME -FILL AREA AND EQUIPMENT
Protection for Vehicle Parking and Time -Fill Posts - Included
Wall Mounted: Qty 20 parking locations - Included
The time -fill post will be mounted to the wall in a similar fashion as existing time-fil posts. High-pressure
piping and electrical conduit will be run above ground mounted on the existing wall on a separate
galvanized -steel mounting structure.
Caisson Protection: Qty 20 parking locations - Included
When choosing caisson protection, the area will include 3' tall - 4" concrete -filled steel protective
bollards anchored in an 18" dia. base, 3' in depth spaced 4' on center. Each caisson will contain
separate conduit for the high-pressure gas and electrical service. When choosing this option, all high-
1��-F3ird�agd�S��gKLU�q�#r34��r�R�;rtU��#Y#�de-fill posts/caissons.
Tru Star
Energy CNG
Fill Posts for 40 Time -Fill hoses - Included
20 dual -hose time -fill posts will be supplied and installed in the time -fill mounting system. Each single or
dual -hose post includes: receiver for fill hose nozzle, Heavy duty retractor for fill hose, Shut off valve,
Safety and Warning signs, Grounding rod with 3/8-16 grounding stud welded on with double clad
plated nuts. Posts are installed in a concrete base 18" in diameter and 3' in depth. Holster style post
hook up - eliminates freeze up of nozzle to post. Posts are constructed of 3" x 3" square steel tube with
on -post atmospheric gas exhaust vent, located at the top of the post. The top of the post measures 10'
high from mounting surface. Prepped, painted "Safety" yellow.
40 Fill Hoses - Included
• Staubli 3,600 psi NGV1 Type 2 nozzles
25' long hose with Guard-rail mount
150# inline high-pressure breakaways
• Swagelok 3 way valve for nozzle
Time -Fill Post 3 Zone Layout - Included
High-pressure discharge lines run from the compressor to 3 time fill zones. All lines are trenched or
directional drilled when possible from compressor to first fill hose on fill line. Trenched lines are replaced
with original surface type that existed before trenching.
Mechanical High Pressure Trenching per Time -Fill Run - Included
Trenching for mechanical high pressure originating from the compressor to each individual time fill run.
Time -Fill Line Filtration - Qty 1 - Included
There will be Parker High pressure filters installed on the beginning of the Time -Fill Line to catch any oil
bypass and contaminants before CNG is dispensed into the trucks. Filter stand includes a 99.5% 3/4"
JS3B-10 pre-coalescer filter and 1 " JS4C 99.9% final filter.
High -Speed Defueling Panel - Included
High-speed defueling panel equipped with a Parker Quick Release Coupler. Comes complete with a
self-supporting enclosure stand.
High -Pressure Piping - Included
Stainless steel high-pressure Time -Fill Line will be run from the compressor area to the Time -Fill Line. This
high-pressure line will be directional drilled when possible and where required, trenching for high-
pressure runs will be backfilled and replaced with like type surface material (which was removed during
installation). All stainless steel lines that are run underground are protected by PVC conduit. Stainless
steel tube is rated at 5,000 psi with 1/2" having a .065" wall thickness and 3/4" tubing having a .095" wall
thickness. Schedule 160 High pressure stainless steel pipe between 1 " and 2" in diameter is rated at
5,000 psi.
Low -Pressure Piping - Included
Low-pressure piping will be used from gas meter assembly to the inlet gas dryer and from the inlet gas
dryer to the compressors. Schedule 40 carbon steel is rated at over 1,000 psi.
Time Fill Panel - Included
Time fill panels with 1" valve (for applications above 700 scfm), located on compressor will control the
start and stop functions of the Time -Fill Line. This panel provides temperature compensation fill on the
Time -Fill Line. This panel also allows you to set specific start and stop times on the Time -Fill Line to
TruBar Energy - 10225 Phladelph is Court, Rancho Cucamonga, 91730 • 909-793-3700 • (fax) 909-793.jj()56 • www.trustirenergy.com
TruStar
Energy CNG
maximize the entire systems capabilities and ensure trucks get the maximum allowable CNG on board
with each fill.
Micromotion CNG050 Meter - 4 - Included
Micromotion Meter CNG050 - 40 to 4444 scfm capacity constructed of stainless steel, pressure rated to
5,000 psi. Temperature rated from -40OF to +247°F. Mass flow accuracy to ± .5%. Rated for hazardous
area installation. Weights and Measures rated. Reads in liters, DGE, or GGE. All-weather rated.
20' Dual -Head LED Parking Lot Light - 1 Included
A dual 400-watt LED lamp mounted on a one-piece aluminum post. Each lamp enclosure measures 15"
x 22". This light post includes dual LED lamp enclosures. The light post is 20' in height and mounted in a
18' concrete caisson.
Start Ur) and Commissioning- Included
TruStar Energy will commission the station and provide on -site training on equipment to mechanics that
will include all maintenance and operations requirements. Mechanic will work with TruStar Energy
trainer during start up to understand all required maintenance and operations requirements.
Pricing and RNG Credit Summary:
Phase 1
Design, Engineering & Permits:
Total Phase 1 Contract Price:
Phase 2*
Equipment Procurement:
Construction & Installation:
Project Management & Commissioning:
Freight & Mobilization:
RNG Credit/Lump Sum:
Total Phase 2 Contract Price:
$104,339.80
$104,339.80
$778,351.14 Phase 2 - Equipment
$1,172,982.50 Phase 2 - Construction
$239,168.59 Phase 2 - Construction
$33,750.00 Phase 2 - Equipment
($540,000.00)
$1,684,252.23
*Phase 2 pricing expires June 30`h, 2021 and will be revised to reflect cost increases incurred, if any, by TruStar
Energy. Phase 2 will commence upon mutual agreement of updated pricing and receipt Notice to Proceed.
TruStar Energy will receive all RNG credit value up to 110,000 GGE per year for 10 years.
Actual usage will be audited at the end of each calendar year by TruStar Energy and verified by City of Santa
Ana. RNG credits will be reconciled as follows:
TruStar Energy will pay City of Santa Ana $0.67/GGE for all volume over 110,000 GGE annually.
City of Santa Ana will pay TruStar Energy $0.67/GGE for any shortfall of volume below 110,000 GGE
annually.
Tru3ar Energy - 10225 Phladelph is Court, Rancho Cucamonga, 91730. 909-793-3700 • (fax) 909-793.JO 56 • www.trushrenergy.com
TruStar
Energy CNG
Optional Public Dispenser Pricing: $565,495.50**
The Optional Public Dispenser Price includes all costs associated with the construction of (1) dual -hose public
fast -fill dispenser roughly 750' from the equipment compound. Dispenser includes a POS system and 24,000 cu ft
of storage sufficient to supply expected public volumes. The Optional Public Dispenser option is not part of this
Agreement and shall require a separate agreement approved by the City Council.
**Optional Public Dispenser Pricing expires June 301 2021 and will be revised to reflect cost increases
incurred, if any, by TruStar Energy. Phase 2 will commence upon mutual agreement of updated pricing and
receipt Notice to Proceed.
Tru3ar Energy - 10225 Phladelph is Court, Rancho Cucamonga, 91730. 909-793-3700 • (fax) 909-793.J0 56 • www.trushrenergy.com
EXHIBIT B
Additional Insured Endorsement
EXHIBIT 2
TruStar
Energy CNG Douglas Howell, Vice President of Service & Maintenance
1928 32nd Ave. NW
Rochester, MN 55901 • 507-208-9278
dhowell@trustarenergy.com
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
City of Santa Ana
215 S Center St
Santa Ana, CA 92703
Service Fee Proposal for All Inclusive CNG Station Maintenance
Monthly Flat Service Rates are as follows:
Year 1 - $4,200 per month
Year 2 - $4,200 per month
Year 3 - $4,200 per month
Year 4 (Renewal Option) - $4,200 per month
Year 5 (Renewal Option) - $4,200 per month
Estimated annual usage: 100,000 + GGE (GGE being 123.57 cubic ft or 5.66 lbs. of natural gas)
TruStar Energy agrees to the general O&M terms as outlined in the RFP including:
• Contractor shall perform preventative maintenance on the compressors and inspections on the
dispensing system Bi-Weekly.
• The Contractor shall respond within 4 hours of an emergency shutdown event.
• Contractor's service must be of such high quantity and quality so that all CNG vehicles will be
ready for operational rollout on any given morning during the contract.
• Contractor shall have the capability to remotely monitor the key compressor system variables
such as flow, temperature and pressure with a laptop computer and remote alarm, if applicable.
• Contractor's trained Operations and Maintenance (O&M) personnel or its vendors
subcontractors must check -in and inform Fleet Services staff of the reason for the visit before
entering the compressor compound area and the fueling island area for service and/or repairs.
• Contractor is to submit their inspection reports as part of the RFP response for approval by the
City.
• A separate inspection form shall be completed for each unit or system. Any problems or
deficiencies observed during services or testing that may interfere with the equipment's
operation are to be reported immediately to the Fleet Services Management or Supervision to
determine and/or approve further action.
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
• A copy of the company's service report with all pertinent information regarding the service(s) are
to be signed with a copy left at the Fleet Services office; and a copy is to be emailed to
ESosa@santa-ana.org with the invoice.
• All hoses replaced in the maintenance or repair under this agreement are to be new and free of
defects.
• All parts, (excluding hoses) used in the maintenance or repair under this agreement are to be
new or certified rebuilt unless approved by the City's Fleet Services Manager or his/her designee.
• All repairs shall be guaranteed for a minimum of 120 days, new equipment installations shall be
covered under the manufactures warranty from the date of installation.
• All inspections are to be performed during regular City business hours.
• Invoices shall include a summary of the service or repair; with itemized parts and materials if
applicable; a copy of the service order must accompany invoices and must be sent to the same
Fleet Services email address above.
• Although not required for normal maintenance a C-10 electrical contractors license was included
to cover any repairs that may require this skill set.
Standard Service Type Included in All Inclusive Agreement:
Each visit will include, but will not be limited to the elements outlined under the "Preventative
Maintenance General Terms"
All Consumables
All Service Parts
All Compressor Major and Minor Rebuilds — Including electric motors
All Equipment warranty and parts fulfillment 100% full coverage during the term of the agreement
All Scheduled required labor
All Unscheduled emergency labors
Weekly service visits with a minimum of 5 hours on site
365/24/7 station remote monitoring
On Site Response time on full station outage- 6 hours or less
On Site Response, partial station outage — 24 hours or less
Dedicated Service Van and Technician
On site storage of daily and weekly required consumables
TruStar Energy will install a Wireless Communication Panel on Site to provide real time/ Minute by
Minute status of the CNG station. This Communication panel will log station operation and activity to help
predict maintenance failure before they happen. This information will be available on a cloud -based server
for both TruStar Energy and the customer. This allows TruStar to provide 365/24/7 station monitoring.
PREVENTATIVE MAINTENANCE — General Terms
• TruStar Technician will be on site weekly to provide maintenance services.
• TruStar Technician will visit with site manager at the beginning of the site visit to get a list of
any known deficiencies that require attention and need correction.
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
• TruStar Energy personnel shall prepare and provide client with a (PM) Service report at the
conclusion of each (PM) or repair event. This report shall detail (PM) activities, actions taken,
and list potential future hard parts replacement events.
• TruStar Energy shall perform such (PM) services during normal business days and hours of
operation.
• TruStar Energy personnel will not remove hazardous waste materials (used Oil) from
Customer's job site. Customer shall provide TruStar Energy with approved containers for the
disposal of subject hazardous waste materials.
• TruStar Energy provide 100% parts, service and warranty on the station during the term. If there
is damage created to the station that is not part of ongoing wear and tear of CNG operations,
TruStar will invoice for any damaged parts and labor caused by customer negligence such as
trucks driving away with connected hoses and equipment hit and damaged by trucks. Prior to
invoicing, TruStar will discuss damage with the customer site manager and get sign off for
repairs. Customer will reserve the rights to replace or repair customer damaged items at their
own expense.
• All Major compressor rebuilds will be done by Ariel or Sauer factory trained and certified
compressor Master Technicians.
Below are the tasks required to maintain the CNG station that TruStar will be providing along
with weekly inspection reports filled out by the site technicians and made available to the
customer.
Energy
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
Preventative Maintenance Schedule — Maintenance Checklist and Duties Guidelines done by
TruStar Energy
Tasks included in PM agreement done by TruStar Energy factory trained field service technicians:
Compressors & Related Equipment
Logging
• Log running hours
• Log temperatures
• Log suction pressure
• Log inter -stage pressures
• Log Oil Levels and usage
Compressors
• Check oil consumption and oil levels
• Check leak rate of mechanical seals
• Drain effluents from receiver tank
• Leak check pressurized loop. Look and listen for leaks
• Run to operating conditions; if able
• Record operating temperatures
• Record operating pressures
• Record motor FLA
• Observe & record unusual conditions
• Observe compressor control operations
• Observe priority or buffer fill operation
• Fill vehicles as available
• Observe dispenser operations
• Check gas dryerions
• Inspect suction filter; change as required
• Replace all inter -stage filter elements; as applicable and to manufacturers requirements
• Exchange motion work oil and filter" as applicable and to manufacturers requirements
• Clean motion work oil strainer during oil changes
• Inspect/clean discharge check valves
• Check inter -stage check valves for contamination
• Clean V-belt grooves of flywheel and motor pulleys
• Check condition of V-belt and belt tension
• Clean/Inspect suction/discharge valves of all stages
• Grease/lubricate motor bearings
• Check condensate collecting tank for contamination
• Check all flexible hoses for signs of deterioration or damage
• Inspect V-belts for proper wear and alignment
• Torque all cylinder heads (machine warm and in standstill condition)
Dispensers — Fast Fill (if applicable)
• Verify on/off switch operations
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
• Visually inspect tubing, piping and valves for leaks and abnormalities
• Check and drain inlet filters
• Check valve sequencing
• Visually inspect all pressure relief devices for signs of failure or leakage.
• Verify ESD control functions and safety equipment
• Verify on/off switch operations
• Verify ESD control functions
• Verify 4,250-psig maximum fill pressure limits
Dispensers — Time Fill
• Visually inspect tubing, piping and valves for leaks and abnormalities
• Check and drain inlet filters
• Verify ESD control functions and safety equipment
Methane Gas Detection Sensors
• Verify and test operations
• Test equipment to meet OEM design criteria
• Repair and replace defective equipment
Inlet Gas Dryer
• Monthly - Drain pre -filter, blower housing and sump
• Monthly - Check differential pressure across pre -filter and after -filter elements. Replace if required
when gauge is approaching Red zone or 3-5 PSID rrrrrrrrrj
• Monthly - Check dewpoint for reading below 40F. If above, then regenerate dryer
• Monthly -Check and maintain operating conditions: pressure, flow, temperature within the design
parameters of the dryer.
• Six Month — Recalibrate/check span of moisture analyzer.
• Six Month — Replace pre -filter, after filter and separator elements if needed.
• Annually — Regenerate dryer, check regeneration cycle to ensure working properly
• 1000 hours — change oil in blower r
2000 Hour intervals
• Post compression coalescing filter element repla ment.
• Compressor frame oil replacement (Crankcase Oil
• Compressor frame oil replacement (Crankcase Oil Filter)
• Compressor oil strainer element cleaning.
• Force feed lubricator box lube oil replacement.
• Force feed lubricator filter replacement.
• Compressor interstage coalescing filter element replacement.
• Driver motor lubrication (Grease bearings per manufactures recommendations)
3000 Hour Intervals
• Post compression coalescing filter element replacement.
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
4,000- & 8,000-Hour Intervals — Compressor rebuild
• Post compression coalescing filter element replacement.
• Compressor frame oil replacement (Crankcase Oil)
• Compressor frame oil replacement (Crankcase Oil Filter)
• Compressor oil strainer element cleaning.
• Force feed lubricator box lube oil replacement.
• Force feed lubricator filter replacement.
• Compressor interstage coalescing filter element replacement.
• Driver motor lubrication (Grease bearings per manufactures recommendations)
• Compressor valves (Rebuild or Replace)
• Measure & record all internal critical clearances (Per Ariel Specifications)
• (Replace any out of spec components)
• Compressor piston ring/rider band replacement.
• Compressor packing rebuild or replacement.
• Check all compressor critical fasteners for proper torque (Nozzles, valve caps, heads, packing cases,
etc.)
• Compressor soft foot measure & record (Correct if needed per Ariel spec)
• Compressor to driver alignment & record (Correct if needed per Ariel spec)
ow
ru ;tetr
Energy
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT -All INCLUSIVE 100% WARRANTY
ASubmit i"36 Submit Desktop
TruStar .
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Description
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Inspect Dote pressor skid and enckt m for damage and/or water leaks
Inspect foroil leaks on compressor and at a7lol supply line fittings
Cneck oil level in the compressor fra me site d az
Irpect for krone tuhinr clam ps and canne=t
Cnedr fault lop and active faults (Ee rd in com menu)
Check daily serviQ los for oueabnd ing rues (Record in cum mento
Drain reliefvalve vent header
Drain crankcase breather pipe
Observe the compressor operation du rinG fill
Re D•d unusual naixs and/or vibrations from compressar in cam merit;
Cnec< tf a: cor tral panel is functioning property
Cam Dare tea nsc ueer readings to gauge readings
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Chedr ESUoperatim
Priority Panel And
G as Storage
Inspection
Observe operation of the priority paneland controls
Inspect parxl & tuhinG for dam age
Inspect buffer smmgefor signs ofdam ageirust
Drain Part comprersion fitEM
Gas Dryer
Inspection
Ctnedr for d mabe
Ctredr New trace indicamr (In cold weather)
Ctnedr filter differenti al pressure Gauges mile runninG
Clh.* der point (Record
Drain d ryrr filter condensate
Dispenser, fill Pant
And Defuelin&
S'"t
Chcdr daily servic IaG
Clh.* for fault codes
lmpecthoses, moades,vafvss and bmakawaysfwleaksordamaga
lmpectall Gmefill post;, reels, lines& connections
observe —hide fuelinr from time fill A loon
Lcak Detection
All pre—mpression Iines,fittinp & valves From Gas met-w dryer
All dryer connections, frttinGs, valves, flanGes &fiher housinGs
Supply lines fmm dryer m compme Dm
All connections, fittinGs, valves & filter housings inside: mnmp- end—m
Supply rues to priority pa nel
All comectiora, fittings& � inside priority pond
Su pply Frnes. fittirV & vale l c%m and after buf -r storage
Post mmpression filter hmLiwGs
All time fill I ines, connections,&fatinp
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT -All INCLUSIVE 100% WARRANTY
i ribcar
Inspection
Compn
Comp €2
Comp S3
Comp 14
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Cos Meter Rearing -
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-
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Contact senior cechnician if readings out of range
"Contact service managerif dose to red to schedule regen of dryer
** *Contact service manager when tom pressor hours reaches 800,1800,2800,3BOO etc.
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT -All INCLUSIVE 100% WARRANTY
TruStar
Energy CNG
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Recom mendatians Or Additional Service Required
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10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
SERVICE AGGREEMENT —All INCLUSIVE 100% WARRANTY
All Inclusive Service Agreement between:
This All -Inclusive Maintenance Agreement for CNG station is offered between TruStar Energy and City of Santa Ana
Authorized TruStar Energy Representative- Doug Howell
Signature here:
Date: 812812020
Phone: 813-545-1343
Email: dhowell(&,,trustarenergy.com
Authorized Customer Representative —
Signature here:
Date:
Phone:
Email:
-..I d U c7i r
Energy
10225 Philadelphia Court One North Lexington Avenue 1928 32nd Ave NW
Rancho Cucamonga, CA 91730 White Plains, New York 10601 Rochester, MN 55901
EXHIBIT 3
ENVIRONMENTAL ATTRIBUTE AGREEMENT
This ENVIRONMENTAL ATTRIBUTE AGREEMENT (this "Agreement") is made
and entered into effective as of August 17, 2021 ("Effective Date"), by and between TruStar
Energy LLC, a Delaware limited liability company ("TruStar"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City") (each a "Party" and collectively, the "Parties"). All
defined terms not specifically defined in the Recitals shall be as defined in Section 1.1 herein.
RECITALS
WHEREAS, TruStar is a marketer of Biogas, Biogas-derived CNG, and the
Environmental Attributes associated therewith; and
WHEREAS, City dispenses compressed natural gas for use as a Vehicle Fuel at a Station
that it operates; and
WHEREAS, in accordance with the RFS, LCFS, and other applicable Law, TruStar
desires to ascribe the Environmental Attributes to the CNG dispensed by City for use as Vehicle
Fuel such that the CNG is Biogas-derived CNG, and in order for the Environmental Attributes to
be properly generated and for TruStar to receive the benefits thereof, (i) TruStar needs certain
documentation evidencing the dispensing of the Biogas-derived CNG as a Vehicle Fuel, and (ii)
City desires and is willing to provide such documentation; and
WHEREAS, in exchange for the ascription of the Environmental Attributes to the
dispensing of such CNG and provision of related documentation to TruStar as provided herein,
City will receive a Gas Discount from TruStar.
NOW, THEREFORE, in consideration of the premises and the respective promises,
conditions and agreements contained herein, and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, TruStar and City do hereby agree as follows:
ARTICLE I
DEFINITIONS
1.1 Definitions. Unless the context specifically indicates otherwise, for purposes of
this Agreement, including the foregoing Recitals, the following terms shall have the meanings
indicated below:
a. "Biogas" means methane derived from various sources, processed at the Station, and
measured in MMBtu that:
i. meets the qualifications for D3
EPA's RFS regulations;
ii. meets the definition of biogas or
LCFS regulations; and
RINs (i.e., cellulosic biofuel) under the
biomethane as defined by the RFS and
iii. meets the common carrier pipeline gas quality specifications as provided by
the local utility or transmission company for the applicable injection point.
b. "Biogas-derived CNG" has the meaning set forth in the recitals.
c. "Business Day" means any day except Saturday, Sunday or any other day on which
commercial banks located in New York, NY are authorized or required by Law to be closed for
business.
d. "Change in Law" means any amendment, modification, superseding act, deletion,
addition, change in or to, issuance or passage of any new Law, that occurs after the date hereof.
e. "CARB" means the California Air Resources Board or its successor agency.
f. "CNG" has the meaning set forth in the recitals.
g. "Contract Year" means the period commencing with the Start Date and each
anniversary of same for the Term of the Agreement.
h. "Delivery Point" is the interconnection where title, custody and control over the natural
gas is passed to City.
i."Environmental Attributes" mean any and all credits, allowances, benefits, attributes,
aspects, characteristics, claims, reductions, offsets, reporting rights and allowances, or similar
benefits of any type associated with the avoidance of fossil fuel consumption, greenhouse gas
emissions or lifecycle greenhouse gas emissions, other pollutant emissions and other
environmental benefits, howsoever entitled or named, including all such attributes required to
generate credits under any federal, state, local or other law now in effect, or as subsequently
amended, enacted or adopted at Law, attributable to biogas resources, renewable natural gas and/or
natural gas, including but not limited to RINs (as defined below), any state low carbon fuel
standards including but not limited to LCFS (as defined below), carbon offsets, carbon allowances,
and renewable energy credits or similar fuels programs or benefits. Notwithstanding the foregoing,
TruStar will retain the ability to generate Environmental Attributes, including but not limited to
RTNs and LCFS credits, as further described herein; and City will retain the ability to receive any
federal or state fuel tax incentives or credits associated with the use of CNG/RNG as vehicle fuel.
j. "EPA" means the U.S. Environmental Protection Agency or its successor agency.
k. "Force Majeure Event" means any act, event, condition or circumstance, whether
foreseeable or unforeseeable, that is not reasonably within the control of, does not result from the
fault or negligence of, and would not have been avoided or overcome by the exercise of reasonable
diligence by, the Party claiming Force Majeure and that prevents or delays that Party's
performance of any one or more of its obligations under this Agreement (except for the
performance of any payment obligation). A Party's inability economically to perform its
obligations hereunder does not constitute an event of Force Majeure.
I. "Default" has the meaning set forth in Section 4.1.
m. "Gasoline Gallon Equivalent" or "GGE" equals 128,142 Btu. Conversely, 1 MMBtu
equals 7.8 GGEs.
n. "Gas Payment Amount" has the meaning set forth in Section 2.7 herein.
o. "Law" means any statute, law, ordinance, regulation, rule, code, order, constitution,
treaty, common law, judgment, decree, interpretive guidance, other requirement or rule of any
governmental authority, including but not limited to the RFS and LCFS (defined below).
p. "Low Carbon Fuel Standard" or "LCFS" means the regulatory program and policies
established under the California Low Carbon Fuel Standard Regulation as set forth in Title 17,
California Code of Regulations (CCR), § 95480 et seq., and each successor regulation, as the same
may be from time to time amended, modified or restated.
q. "LCFS Credits" means credits generated pursuant to and in accordance with the LCFS,
with each credit equal to one metric ton of carbon dioxide reductions as compared to the baseline
CO2 emissions under the LCFS.
r. "Renewable Fuel Standard" or "RFS" means the EPA's Renewable Fuel Standard
regulations as set forth in 40 C.F.R. § 80.1400 et seq., as amended from time to time.
s. "RINs" mean any Renewable Identification Numbers generated to represent a volume
of renewable fuel as set forth in the RFS.
t. "Start Date" means the first date of commercial operation of the Station.
u. "Station" or "Stations" means those CNG Station(s) of City described in Appendix A
hereto, as the same may be amended from time to time by written agreement of the Parties.
v. "Targeted CNG Dispensing Amount" means, with respect to each 12 month period
commencing on the Start Date, 110,000 GGE or 14,103 MMBtu.
w. "Term" has the meaning set forth in Section 2.1 herein.
x. "Vehicle Fuel" means CNG used in motor vehicles as a transportation fuel in accordance
with the RFS and LCFS and that has been ascribed Environmental Attributes associated with
Biogas such that it is Biogas-derived CNG.
ARTICLE 2
PERFORMANCE OBLIGATIONS
2.1 Term. This Agreement shall commence on the Effective Date and continue for the
next succeeding 120 months (the "Initial Term"), provided that the Initial Term may be extended
by the City at its option, for up to an additional three (3) one year renewals (each such period a
"Renewal Period"), exercisable by a written notice to TruStar from the City Manager and the
City Attorney no less than 60 days prior to the end of the then applicable Initial Term or Renewal
Period, as the case may be, unless this Agreement is terminated earlier in accordance with the
provisions hereof. The Initial Term plus any Renewal Periods are referred to as the "Term."
2.2 Generation of Environmental Attributes
2.2.1 During the Term, TruStar will have the right and responsibility, at TruStar's
cost and expense, to generate and monetize any and all regulatory or voluntary credits,
including RINs and LCFS Credits, from Environmental Attributes, howsoever entitled,
associated with the use of Biogas-derived CNG associated with the Station's dispensing of
Vehicle Fuel.
2.2.2 TruStar will retain the value of any Environmental Attributes and associated
credits it generates from the use of Biogas associated with the Stations' dispensing of
Vehicle Fuel.
2.2.3 City hereby disclaims any interest in, and represents and warrants that it has
not and will not grant any interest in, any Environmental Attributes that are or may be
attributed to Vehicle Fuel dispensed at the Station during the Term.
2.2.4 The Parties acknowledge and agree that (i) the generation and validity of
the Environmental Attributes is contingent upon the Parties' compliance with applicable
Law and with the Parties' respective obligations set forth herein, (ii) as such, the Parties
will comply with the applicable requirements of the RFS, LCFS and other applicable Law,
and will duly perform their respective obligations hereunder.
2.3 Target CNG Dispensing Amount . Upon the Start Date, within 60 days of each
annual anniversary thereof (a) to the extent that the Vehicle Fuel dispensed at the Station(s)
exceeds the Targeted CNG Dispensing Amount, TruStar shall pay the Gas Payment Amount
(pursuant to Section 2.7) to the City, and (b) to the extent that the Vehicle Fuel dispensed at the
Station(s) is less than the Targeted CNG Dispensing Amount, the City shall pay the Gas Payment
Amount (pursuant to Section 2.7) to TruStar, in each case, as measured on a therm or MMBtu
basis based on information provided to TruStar by the local gas utility or directly from utility
billing information.
2.4 Supporting Documentation. On or before the fifth (5t') Business Day following
the end of each month, or as soon as available to City, City will provide TruStar with supporting
documentation evidencing all volumes of natural gas procured at the Delivery Point from TruStar
and the total volume of Biogas-derived CNG dispensed as Vehicle Fuel as detailed in Section
2.5.2. Supporting documentation includes metering tickets, contracts and all required affidavits,
including without limitation, an affidavit in a form substantially similar to that which is set forth
as Appendix C hereto. Within 30 days of last day of each calendar quarter, TruStar will provide
City with supporting documentation related to compliance with the Target CNG Dispensing
Amount obligations in Section 2.3 above.
2.5 Registrations and Approvals.
2.5.1 TruStar Obligations. TruStar is responsible, at its cost and expense, for
obtaining any registrations and approvals that are necessary to generate RINs (i) from the
EPA, including all company and facility registrations (the "EPA Approvals"), and (ii)
from any and all applicable state -level or local -level authorities, including CARB (the
"State Approval", and collectively with the EPA Approvals, the "Approvals").
2.5.2 City Obligations. City shall cooperate with TruStar in TruStar's efforts to
secure and maintain the EPA Approvals and State Approval, to ensure the validity of any
Environmental Attributes generated in connection with this Agreement, and to comply with
any related reporting and record keeping requirements. Such cooperation on the part of
City includes, but is not limited to:
G) Obtaining a supply of natural gas from the applicable utility or other source
to the Station;
(ii) Providing documentation (such as contracts and affidavits) to support
[federal and] state -level credit generation, including but not limited to the LCFS,
where applicable, including documentation regarding transfer of title, volume,
energy content, the dispensing of Biogas-derived CNG for use as a Vehicle Fuel,
and any other data or information required by the RFS or applicable state -level
credit program including but not limited to the LCFS, such information to be
provided by City to TruStar within five (5) Business Days of receipt of same from
City's gas source;
(iii) Promptly responding to requests for attestations related to the EPA
Approvals and State Approval;
(iv) Providing access to the Station and any other locations and records relevant
to securing the Approvals, determining the volumes of natural gas procured by City
for dispensing and that are dispensed at the Station, or for any other compliance
requirements imposed pursuant to any applicable state or federal rule, regulation or
guideline for R1N or LCFS credit generation purposes and upon reasonable request
by TruStar; such access to be granted no later than five (5) Business Days after such
request; and
(v) Maintaining all such records set forth in this Section 2.5.2 during the Term
and for a period of five (5) years after the expiration of the Term or for such longer
period if requested by TruStar.
2.6 Exclusivity. City hereby grants TruStar the exclusive rights to the Station during
the Term to supply Biogas so long as this Agreement is in effect.
2.7 Gas Payment Amount.
2.7.1 In the event that the City exceeds the Targeted, CNG Dispensing Amount for each 12
month period during the Term (each such 12 month period, an "Annual Measurement Period"),
TruStar shall pay to the City, within 90 days of the end of such 12 month period an amount equal
to $0.67 per GGE ($5.23 per MMBtu) for each GGE (or 7.8 MMBtus) above the Targeted CNG
Dispensing Amount that the City dispensed during each such Annual Measurement Period.
2.7.2 In the event that the City fails to dispense at least the Targeted CNG Dispensing
Amount for each Annual Measurement Period, the City shall pay to the TruStar, within 90 days
of the end of such 12 month period an amount equal to $0.67 per GGE ($5.23per MMBtu) for each
GGE (or 7.8 MMBtus) below the Targeted CNG Dispensing Amount that the City failed to so
dispensed during each such Annual Measurement Period.
2.7.3 TruStar's obligations with respect to this Section 2.7 are, in all respects, subject to
the last sentence of Section 8.3 hereof.
ARTICLE 3
REPRESENTATIONS AND WARRANTIES
3.1 City Representations and Warranties.
3.1.1 City represents and warrants that City has all right, title, and interest in and
will grant all such interest in the Environmental Attributes associated with the Vehicle Fuel
dispensed at the Station to TruStar and will not take any action that would invalidate such
Environmental Attributes, including TruStar's ability to generate RINs and other credits
derived from Environmental Attributes.
3.2 Mutual Representations and Warranties. Each Party represents and warrants to
the other Party as of the Effective Date as follows:
3.2.1 Such party is duly organized and validly existing under the applicable Law
of the jurisdiction of its formation, organization or incorporation and is in good standing
under such applicable Law.
3.2.2 Such party has the corporate, governmental or other legal capacity,
authority and power to execute this Agreement, to deliver this Agreement and to perform
its obligations hereunder, and has taken all necessary corporate or other action to authorize
the foregoing.
3.2.3 The execution, delivery and performance of this Agreement do not violate
or conflict with any Law applicable to such party, any provision of such party's
constitutional documents, any order or judgment of any court or other agency of
government applicable to such party or any of its assets or any contractual restriction
binding on or affecting such party or any of its assets.
3.2.4 Such party will cooperate in registering the Station under the RFS and LCFS
or other State LCFS program. Such cooperation includes, but is not limited to, providing
all requested data and information.
3.2.5 Such party has not and will not take any action that results in the invalidity
of RINs or LCFS Credits generated on the Vehicle Fuel sold as transportation fuel at the
Station.
ARTICLE 4
DEFAULT AND REMEDIES
4.1 Intentionally omitted.
4.2 Default. (a) A default in respect of this Agreement shall be deemed to occur when,
with respect to either party:
(i) A Party breaches any material representation or warranty made in this
Agreement by that Party in any material respect, or any material representation or
warranty of that Party proves to have been incorrect or misleading in any material
respect when made under this Agreement and same is not remedied to the other
Party's reasonable satisfaction within thirty (30) days after receipt of written notice
thereof; provided however, then, so long as the defaulting Party has begun all
reasonable efforts to cure such Default and within ten (10) days after the Notice of
Default is diligently pursuing the curing of such Default then the defaulting Party
shall have an additional period of twenty (20) days from receipt of such Notice of
Default (or sixty (60) days total) within which to cure the Default;
(ii) Except as otherwise provided herein, if a Party fails to perform any
material covenant or obligation set forth in this Agreement, the breach or default of
which is not otherwise addressed in this Section 4.1, if such failure is not remedied
to the other Party's reasonable satisfaction within thirty (30) days after receipt of
written notice thereof,
(iii) The failure or omission or either Party to comply with the RFS or LCFS
will not constitute a Default for a period of thirty (30) days following receipt of
written notice of such failure to perform, so long as such Parry has taken and is
taking commercially reasonable steps to cure such compliance failure or omission;
or
(iv) A Parry (a) makes an assignment or any general arrangement for the benefit
of creditors; (b) files a petition or otherwise commences, authorizes, or acquiesces
in the commencement of a proceeding or case under any bankruptcy or similar law
for the protection of creditors or has such petition filed or proceeding commenced
against it; (c) otherwise becomes bankrupt or insolvent (however evidenced); (d) is
unable to pay its debts as they fall due; (e) has a receiver, provisional liquidator,
conservator, custodian, trustee or other similar official appointed with respect to it
or substantially all of its assets.
(b) A default in respect of this Agreement shall be deemed to occur when, with
respect to TruStar, TruStar fails to make any payment when due under this
Agreement within ten (10) Business Days of a written demand therefor.
Each of the foregoing events described in clauses (a)-(b) above shall be referred to
herein as a "Default."
4.3 Remedies. Upon the occurrence of a Default with respect to a Parry (such parry, the
"Defaulting Party"), the non -defaulting Party (the "Performing Party") shall in its sole
discretion and upon five (5) Business Days' notice to the Defaulting Party, be entitled to do any
one or more of the following: (i) suspend its performance under this Agreement, (ii) terminate this
Agreement effective upon the date of such notice, and (iii) proceed against the Defaulting Parry
for damages. Notwithstanding the foregoing, in the event that the City fails to timely pay the Gas
Payment Amount to TruStar, TruStar may terminate the Agreement on 30 days' written notice to
the City, and TruStar's damages shall equal the Targeted CNG Dispensing Amount multiplied by
$0.67 for all of the GGEs (or $5.23 per MMBtu) of RNG each Annual Measurement Period (or
portion thereof) remaining in the Initial Term.
4.4 Except as otherwise expressly limited by the last sentence of Section 4.3, the
Performing Party's rights under Section 4.3 are in addition to, and not in limitation or exclusion
of, any other rights that it may have (whether by agreement, operation of law, equitable principles
or otherwise).
ARTICLE 5
LIMITATION ON DAMAGES
5.1 Indemnification. Each Party agrees to protect, defend, indemnify and hold the
other Party harmless from and against any and all third party claims, demands, suits, losses,
expenses (including reasonable attorneys' fees), damages, fines, penalties, causes of action and
liabilities of every type and character, including personal injury or death to any person or loss or
damage to any personal or real property (collectively, "Liability"), caused by or directly or
indirectly arising out of or resulting from the first Party's (i) breach of this Agreement, (ii)
negligence or willful misconduct, or (iii) failure to comply with applicable Law in connection with
the transactions contemplated herein, except to the extent such Liability results from the other
Party's gross negligence or willful misconduct.
5.2. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR, AND EACH OF THE PARTIES WAIVES THE RIGHT TO SEEK, INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF
ANY KIND,
ARTICLE 6
GOVERNING LAW AND DISPUTE RESOLUTION
6.1 Governing Law. This Agreement and all matters arising in connection therewith,
including validity and enforcement, shall be governed by, interpreted and construed in accordance
with the laws of the State of California, without giving effect to its conflicts of laws principles that
would result in the application of a different law.
6.2 Dispute Resolution/Arbitration. Any dispute or controversy arising under, out of, in
connection with, or in relation to this Agreement, and any amendment thereof, shall be determined
and settled by arbitration in the City of Santa Ana by a single arbitrator in accordance with the
Rules of the Judicial Arbitration and Mediations Services ("JAMS") in accordance with its
Comprehensive Arbitration Rules and Procedures. Any award rendered therein shall be final and
binding upon the parties and their legal representatives and judgment may be entered in any court
having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and
attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration,
including but not limited to the fees and costs of arbitration.
ARTICLE 7
NOTICES
7.1 Notices. Any notice, demand or document that either Party is required or may
desire to give hereunder, except to the extent specifically provided otherwise herein, must be (i) in
writing and, (ii) given by personal delivery, overnight courier or certified mail, return receipt
requested, with the postage prepaid and properly addressed or communicated to such Party at its
address shown below, or at such other address as either Party may have furnished to the other by
notice given in accordance with this Article. Any notice delivered or made by personal delivery,
overnight courier, or mail shall be deemed to be given on the date of actual delivery as shown by
the receipt for personal delivery or overnight courier delivery, or the registry or certification receipt
for certified mail.
If to TruStar:
TruStar Energy LLC
One North Lexington Avenue
Suite 1450
White Plains, New York 10601
With a copy to:
TruStar Energy LLC
One North Lexington Avenue
Suite 1450
White Plains, New York 10601
Attn. Notice Officer
noticeofficer@fortistar.com
If to City:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
9
Santa Ana, California 92702
Fax: 714- 647-5635
ARTICLE 8
MISCELLANEOUS
8.1 Assignment. Neither Party shall transfer or assign this Agreement or its rights or
interests hereunder, in whole or in part, without the prior written consent of the other Party, which
such consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that
prior written consent is not required in the event of (i) merger or sale of all or substantially of the
ownership interests or assets of TruStar; (ii) a transfer or assignment by either Parry to a subsidiary
or affiliate together with an assumption of this Agreement by such subsidiary or affiliate; or (iii) a
collateral assignment by TruStar to lenders or financing parties or Biogas supply sources in
connection with a financing arrangement, in all cases so long as reasonable advance written notice
is provided. In the event of any permitted transfer or assignment of this Agreement pursuant to
subparagraph (ii) of this paragraph, the assigning Party shall not be released from any of its
obligations or liabilities arising under this Agreement prior to such assignment.
8.2 Entire Agreement. This Agreement constitutes the entire and exclusive agreement
between the Parties and supersedes all prior oral or written and all contemporaneous oral
agreements and understandings between the Parties with respect to the subject matter hereof and
thereof. This Agreement may not be altered, amended, modified or otherwise changed in any
respect or particular whatsoever except in writing duly executed by the authorized representative
of each Party.
8.3 Change in Law.
UNILATERAL: In the event a legislative, executive, judicial or regulatory body materially
changes the law, regulation, or rules and thereby adversely impacts (A) the costs or benefits of this
Agreement or (B) Seller's ability to comply with the RFS, CA LCFS or any other applicable Law
(any such change, a "Change in Law"), then the Parties shall enter into good faith negotiations to
amend the Agreement. If, after sixty (60) days of the initiation of such negotiations, the Parties
cannot resolve to their mutual satisfaction a mutually agreeable solution to the Change in Law, the
Seller has the option to terminate this Agreement on ninety (90) days' written notice to the other
Party. In the event that the Change in Law eliminates RINs or LCFS credits, the corresponding
gas discount shall no longer applicable.
8.4 No Waiver. Neither the failure nor any delay on the part of any Party to exercise
any right, remedy, power or privilege hereunder will operate as a waiver of such right, remedy,
power or privilege. No waiver of any right, remedy, power or privilege with respect to any
occurrence will be construed as a waiver of such right, remedy, power or privilege with respect to
any subsequent or other occurrence.
8.5 Permitted Designee. Any references to "TruStar" herein shall also include
reference to any designee of TruStar, with respect to (i) the generation, transfer and ownership of
the Environmental Attributes, (ii) registration with the EPA or applicable state -or local -level
regulating body, (iii) the provision of support services related to a State Approval, and (iv) all City
mi
obligations set forth in Section 2.5.2; provided that TruStar shall remain responsible for its
obligations hereunder, notwithstanding delegation of performance to a designee. During the Term,
TruStar shall retain a qualified third -party vendor to maintain a Quality Assurance Program
("QAP") under each of the Renewable Fuel Standard and Low Carbon Fuel Standard. Each Party
shall have the right to annually inspect, audit, copy and verify the books and records of the other
Party pertaining to the transactions that are the subject matter of this Agreement. at the office of
the other Party where such records are maintained, during normal business hours, upon ten (10)
Business Days' advance written notice.
8.6 Severability. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent
so contrary, prohibited or invalid. The remainder of this Agreement will not be invalidated by
such applicable law and will be given effect so far as possible, provided that each Parry can
continue to fulfill its obligations and enjoy its material rights and benefits hereunder.
8.7 Successors and Assigns and No Third -Party Beneficiaries, This Agreement is
for the exclusive benefit of the Parties, and no other person or entity will have any right or claim
against any Party under any of the terms or provisions of it or be entitled to enforce any of the
terms or provisions of it against any Party. This Agreement shall be binding on the Parties and
their respective successors and permitted assigns.
8.8 Counterparts. This Agreement may be executed by TruStar and City in
counterparts and delivered by facsimile or electronic transmission, each of which so delivered shall
be considered an original counterpart and shall become a binding agreement when each of TruStar
and City has executed one counterpart.
8.9 Confidentiality. Except for matters of public record, information already within
receiving party's possession prior to entering into this Agreement, and except to the extent required
(through deposition, interrogatory, request for production, subpoena, civil investigative demand or
similar process) by a court order or required by applicable law, receiving party agrees to keep
confidential all information deemed confidential. If receiving party becomes required, in the
manner specified above, to disclose any Confidential Information, receiving party shall provide
prompt written notice to disclosing party so that disclosing party may timely seek a protective
order or other appropriate remedy. In the event that such protective order or other remedy is not
obtained, receiving party agrees (i) to furnish only that portion of the Confidential Information that
is required to be furnished and (ii) to exercise reasonable commercial efforts to obtain assurance
that confidential treatment will be accorded such Confidential Information. Nothing in this
Section shall restrict TruStar from sharing Confidential Information with its Permitted Designees
pursuant to Section 8.5 herein, and its commodity suppliers.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by their
respective duly authorized representatives.
IF
ATTEST:
Daisy Gome7
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Jose Montoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONTRACTOR:
Digitally signed by Scott Edelbach
DN: cn=Scott Edelbach, o=TruStar Energy, ou=TruStar
Energy, email=sedelbach@trustarenergy.com, c=US
Date: 2021.02.17 11:22:33-05'00'
Scott Edelbach
General Manager
12
APPENDIX A
CNG STATION
City of Santa Ana Public Works Agency
Corporate Yard
215 S. Center St.
Santa Ana, CA 92703
13
INTENTIONALLY OMITTED
APPENDIX B
14
APPENDIX C
EXAMPLE AFFIDAVIT
AFFIDAVIT
The undersigned, (name), (title)
and authorized signatory of [ ] Davis ("[ ]"), being duly sworn,
states the following:
I have the legal capacity to make this affidavit and personal knowledge of the facts
herein. I make this affidavit on behalf of [ ], pursuant to the EPA's
Renewable Fuel Standard regulations at 40 C.F.R. 80.1400 et seq. and CARB Low
Carbon Fuel Standard regulations at Cal. Code Regs. Section §§ 95480-95497. Defined
terms used herein shall be as defined in the Environmental Attribute Agreement entered
into on , 2020 (the "Agreement").
2. I oversee supply and distribution of CNG for Vehicle Fuel use at
3. [ ] owns and operates the following station that dispenses CNG for
transportation use only.
4. [ ] entered into the Agreement with TruStar Energy LLC for the
ascription of Environmental Attributes to the natural gas procured and the CNG
dispensed for use as a Vehicle Fuel.
5. Pipeline quality gas procured by [ ] at the Delivery Points noted herein is
converted at the CNG Station into CNG for use as a transportation fuel;
6. At the CNG Station, the volume of natural gas withdrawn from the commercial
distribution system to produce CNG for use as a transportation fuel is measured by
continuous metering, and after such meter, the CNG is used as transportation fuel and for
no other purpose;
7. On [DATE I], [XXXX] MMBtu of Biogas-derived CNG were dispensed at the Station, as
evidenced by the attached unredacted utility bill (App 1), which sets forth the
volume and energy content of such Biogas.
8. Between [DATE2] and [DATE3], [XXXX] MMBtu of such CNG, were dispensed at the
Station for use as Vehicle Fuel, as evidenced by the attached unredacted copy of the
electronic ledger (Appendix 2) and the unredacted metering data from the Station during
that time period (Appendix 3).
9. Neither[ ] nor any other entity has made or will make any claim or assert
any right to generate any environmental credit, RIN or LCFS credit on the volumes of
Biogas-derived CNG described herein and pursuant to the EPA's Renewable Fuel
Standard regulations or CARB's Low Carbon Fuel Standard regulations.
15
10. I certify that, to the best of my knowledge and belief and under penalty of perjury, the
information herein is true, correct and complete.
Executed this day of , 2020
Printed Name:
STATE OF
COUNTY OF
The foregoing affidavit was sworn to and subscribed before me on this day of
2020, by
satisfactory evidence to be the person who appeared before me.
(Notary Seal)
Notary Signature
proved to me on the basis of
16
10:/:11:3111t!
COST ANALYSIS
COMPRESSED NATURAL GAS STATION
Project Item
Total
Phase I: Design
$
104,340
Phase II(a): Equipment Procurement
$
812,102
Phase II(b): Construction and Installation
$
1,412,152
Phase II(a+b): Equipment and Construction (15%
Contingency)
$
333,638
Contract Administration (6%)
$
139,717
Contingencies Inspection (5%)
$
116,430
CONSTRUCTION DELIVERY COST �F$
2,918,378
Renewable Natural Gas (RNG) Credit
$
(540,000)
NET CONSTRUCTION DELIVERY COST
$
2,378,379
EXHIBIT 4