HomeMy WebLinkAboutAQMD (SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT)A- 2012 -099
Contract No. ML11029
South Coast Clean Transportation
Funding from the MSRC
Air Quality Management District
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LOCAL GOVERNMENT MATCH PROGRAM CONTRACT �O ��
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1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter
referred to as "AQMD ") whose address is 21865 Copley Drive, Diamond Bar, California 91765 -4178, and the
City of Santa Ana (hereinafter referred to as "CONTRACTOR ") whose address is 20 Civic Center Plaza,
�s Santa Ana, California 92702.
CITALS
2. RE
=r A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution within
the geographical boundaries of the South Coast Air Quality Management District in the State of
t California (State). AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill
(AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles
and to implement the California Clean Air Act,
B. Under AB 2766 the AQMD'S Governing Board has authorized the imposition of the statutorily set motor
°~ vehicle fee. By taking such action the State's Department of Motor Vehicles (DMV) is required to collect
f� r such fee and remit it periodically to AQMD.
C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD
into a separate account for the sole purpose of implementing and monitoring programs to reduce air
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pollution from motor vehicles.
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�„ � .� , �; �D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to
develop a work program to fund projects from the separate account. Pursuant to approval of the work
program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for
services described in Attachment 1 - Statement of Work, expressly ressl incorporated p Y orated herein by this reference p
and made a part hereof of this Contract.
E. CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in
CONTRACTOR's Local Government Match Program Application dated April 1, 2011.
3. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fees to be
collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that
AQMD'S receipt of funds is contingent on the timely remittance by State's DMV. AQMD assumes no
responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely
manner.
4. AUDIT - Additionally, CONTRACTOR shall, at least once every two years, or within two years of the
termination of the Contract if the term is less than two years, be subject to an audit by AQMD or its
authorized representative to determine if the revenues received by CONTRACTOR were spent for the
reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate
such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended,
AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was
inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not
relieve CONTRACTOR of its obligation to perform under the terms of this Contract.
Contract No. ML11029
CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of
Z t ADMbireserves the right to review, comment, and request changes to any report produced as a
�bf-this Contract.
6. TERM - The term of this Contract is Ninety (90) months from the date of execution by both parties, unless
terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of this
Contract in writing, or unless all work is completed and a final report is submitted and approved by AQMD
prior to the termination date. No work shall commence prior to the Contract start date, except at
CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon
written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may
extend the Contract up to an additional twelve months at no additional cost. Term extensions greater than
twelve months must be reviewed and approved by the MSRC.
TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to
provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements
of Attachment 1 - Statement of Work, this shall constitute a material breach of the Contract. The
nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must
cure this breach within fifteen (15) days or provide written notification of its intention to terminate this
Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Clause
15 below, entitled - Notices. Termination shall not be the exclusive remedy of the nonbreaching party. The
nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD will reimburse
CONTRACTOR for actual costs incurred (not to exceed the total Contract value), including all
noncancellable commitments incurred in performance of this Contract through the effective date of
termination for any reason other than breach.
EARLY TERMINATION — This Contract may be terminated early due to any of the following circumstances:
A. The vehicles or equipment become inoperable through mechanical failure of components or systems
directly related to the alternative fuel technology being utilized and such failure is not caused by
CONTRACTOR'S negligence, misuse, or malfeasance.
B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly
to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance.
9. INSURANCE — CONTRACTOR represents that it is permissibly self- insured and will maintain such self -
insurance in accordance with applicable provisions of California law throughout the term of this Contract.
CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any
extensions thereof that meet or exceed the minimum requirements set forth by the South Coast AQMD
below. CONTRACTOR shall furnish certificate of self- insurance to: South Coast Air Quality Management
District, Attn: Risk Management Office. The AQMD Contract Number shall be included on the face of
the certificate. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the
right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the
cost thereof from any payments owed to CONTRACTOR. Minimum insurance coverages are as follows:
A. Worker's compensation insurance in accordance with either California or other state's
applicable statutory requirements.
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Contract No. ML11029
B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and
$2,000,000 in general aggregate.
C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per
accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined
single limit for bodily injury or property damage.
10. INDEMNIFICATION — CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers,
employees, agents, representatives, and successors -in- interest against any and all loss, damage, cost, or
expenses which AQMD, its officers, employees, agents, representatives, and successors -in- interest may
incur or be required to pay by reason of any injury or property damage caused or incurred by
CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract.
11. PAYMENT
A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Two Hundred Sixty Two Thousand Five Hundred
Dollars ($262,500) upon completion of the project on a reimbursement basis. Any funds not expended
upon early contract termination or contract completion shall revert to the AB 2766 Discretionary Fund.
Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by
AQMD of an itemized invoice prepared and furnished by CONTRACTOR.
B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company - letterhead, and
list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number
or Employer Identification Number and submitted to:
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765 -4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
C. No funds shall be paid out to CONTRACTOR pursuant to this Contract, until the project described in
Attachments 1 and 2 is completed and proof of completion is provided to AQMD. If the project
described in Attachments 1 and 2 is not completed and satisfactory proof of completion is not provided
to AQMD, no monies shall be due and payable to CONTRACTOR. Proof of completion shall include a
Final Report detailing the project goals and accomplishments.
D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any
project cost overruns must be funded from other than AB 2766 Discretionary Funds.
E. The Firm Fixed Price amount of this Contract shall not exceed the total AB 2766 Funds applied to the
project described in Attachments 1, 2, and 3 of this Contract.
F. If, at the completion of the Project described in Attachment 1, the vehicle expenditures and /or
infrastructure expenditures are less than the Total Cost amount(s) contained in Attachment 2, the actual
amount of AB 2766 Discretionary Funds reimbursed to CONTRACTOR shall be adjusted on a prorated
basis as described in Attachment 2.
G. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this
Contract or invoice may not be paid.
12. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs)
A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be
generated and /or sold.
Contract No. ML11029
B. CONTRACTOR has the opportunity to generate MSERCs as a by- product of the project if a portion of the
air quality benefits attributable to the project resulted from other funding sources. These MSERCs, which
are issued by AQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or
other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of
AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and
which are subject to retirement, shall be referred to as "AB 2766- MSERCs."
C. The determination of AB 2766- MSERC's is to be prorated based upon the AB 2766 program's
contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary
Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or
repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be
retired. The determination of AB 2766- MSERCs for infrastructure and other ancillary items is to be
prorated based upon the AB 2766 program's contribution to the associated air quality benefits.
Determination of the project's overall cost will be on a case -by -case basis at the time an MSERC
application is submitted. AQMD staff, at the time an MSERC application is submitted, will calculate total
MSERCs and retire the AB 2766 - MSERCs. CONTRACTOR would then receive the balance of the
MSERCs not associated with AB 2766 funding.
13. DISPLAY OF MSRC LOGO - CONTRACTOR agrees to permanently display one MSRC decal in a
prominent location on each vehicle purchased pursuant to this Contract. CONTRACTOR also agrees to
permanently display one MSRC decal in a prominent location on each fueling or charging station
constructed or upgraded pursuant to this Contract. Decals will be provided by MSRC upon notification that
subject fueling station equipment and /or vehicles are placed into service. Decals are approximately twelve
(12) inches in height and eighteen (18) inches in width (Note: a smaller decal may be provided if
CONTRACTOR demonstrates that application of the standard decal is not feasible). CONTRACTOR shall
maintain decal for life of vehicle or equipment subject to this Contract. Should any decal become damaged,
faded, or otherwise unreadable, CONTRACTOR shall request replacement decal from MSRC and apply new
decal in the same or other prominent location. MSRC shall not be responsible for damage to paint or other
vehicle surfaces arising from application or removal of decals. In addition, all promotional materials related to
the project, including, but not limited to, press kits, brochures and signs shall include the MSRC logo. Press
releases shall acknowledge MSRC financial support for the project.
14. REFUELING STATION OPERATIONAL AVAILABILITY — CONTRACTOR is obligated to comply with the
alternative -fuel refueling infrastructure Operational Availability requirements set forth as follows:
A. CONTRACTOR commits to ensuring fast -fill refueling stations remain operational and accessible to
public and /or fleets for a period of no less than five (5) years from the date the station begins dispensing
fuel in either its initial or expanded capacity. Should CONTRACTOR desire to deviate from this
obligation, for reasons other than those stated in Clause 83, above, CONTRACTOR shall reimburse
AQMD for a prorated share of the funds provided for fueling facilities as indicated in the table below:
5 year Operational Availability,0bligation
Termination Occurs
Percentage of MSRC Funds:, to be
Reimbursed
Within Year 1
100%
Between Years 1 -2
80%
Between Years 2 -3
60%
Between Years 3 -4
40%
Between Years 4 -5
20%
After Year 5
0%
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Contract No. ML11029
15. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons
listed below or to other such addresses or addressees as may hereafter be designated in writing for notices
by either party to the other. A notice shall be deemed received when delivered or three days after deposit in
the U.S. Mail, postage prepaid, whichever is earlier.
AQMD: South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA 91765 -4178
Attn: Cynthia Ravenstein, MSRC Contract Administrator
CONTRACTOR: City of Santa Ana
215 South Center Street
Santa Ana, CA 92703
Attn: Rick Longobart
16. EMPLOYEES OF CONTRACTOR
A. CONTRACTOR warrants that it will employ no subcontractor without written approval from AQMD.
CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of
vacation, vacation replacements, sick leave, severance pay and pay for legal holidays.
B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain
workers' compensation and liability insurance for each of its employees.
C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered
employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or
representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or
extended by AQMD to its employees.
D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of services required to be performed
under this Contract. CONTRACTOR further represents that in performance of this Contract, no person
having any such interest shall be employed by CONTRACTOR or any subcontractor.
17. NON- DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in
recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color,
national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the
California Fair Employment & Housing Act (Government Code Section 12900, et sea.), the Federal Civil
Rights Act of 1964 (P.L. 88 -352) and all amendments thereto, Executive Order No. 11246 (30 Federal
Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order.
CONTRACTOR shall likewise require each subcontractor to comply with this clause and shall include in
each such subcontract language similar to this clause.
18. AQMD LIEN RIGHTS - CONTRACTOR hereby grants AQMD a security interest in any and all equipment or
vehicles purchased in whole or in part by funding provided by AQMD pursuant to this Contract.
CONTRACTOR acknowledges and agrees that AQMD shall have all lien rights as a secured creditor on any
and all equipment and /or vehicles purchased in whole or in part by the CONTRACTOR, under this Contract
or any amendments thereto. The AQMD shall have lien rights in effect until the CONTRACTOR satisfies all
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Contract No. ML11029
terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly,
CONTRACTOR further agrees that AQMD is authorized to file a UCC filing statement or similar
security instrument to secure its interests in the equipment and/or vehicles that are the subject of
the Contract. In the event CONTRACTOR files for bankruptcy protection, CONTRACTOR shall notify
AQMD within 10 business days of such filing.
19. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and
local laws, ordinances, codes and regulations and orders of public authorities in the performance of this
Contract and to ensure that the provisions of this clause are included in all subcontracts.
20. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by
either party without the prior written consent of the other, and any attempt by either party to do so shall be
void upon inception.
21. NON- EFFECT OF WAIVER — CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or
all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies
hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such
terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise
provided for herein.
22. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the
enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and
costs.
23. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any
delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly,
from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of
AQMD or CONTRACTOR.
24. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any
reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall
not affect any other provisions of this Contract, and the Contract shall then be construed as if such
unenforceable provisions are not a part hereof.
25. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the
words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation,
construction, or meaning of the provisions of this Contract.
26. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force
and effect of an original.
27. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created
thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of
any dispute shall be Los Angeles County, California.
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Contract No. ML11029
28. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully
executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal
Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in
anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized
by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the
Contract.
29. PREVAILING WAGES — CONTRACTOR is alerted to the prevailing wage requirements of California Labor
Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the AQMD's
headquarters, of which shall be made available to any interested party on request. Notwithstanding the
preceding sentence, CONTRACTOR shall be responsible for determining the applicability of the provisions
of California Labor Code and complying with the same, including, without limitation, obtaining from the
Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime work, making the same available to any interested party
upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all
applicable prevailing wage rate requirements to its subcontractors. CONTRACTOR shall indemnify, defend
and hold harmless the South Coast Air Quality Management District against any and all claims, demands,
damages, defense costs or liabilities based on failure to adhere to the above referenced statutes.
30. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by CONTRACTOR,
submitted to AQMD and approved by MSRC in accordance with MSRC policies and procedures.
CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All
modifications to this Contract shall be in writing and signed by both parties.
31. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to
CONTRACTOR providing services to AQMD and there are no understandings, representations, or
warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of
the provisions herein shall be binding on any party unless in writing and signed by the party against whom
enforcement of such waiver, alteration, or modification is sought. The Statement of Work - Attachment 1,
The Payment Schedule - Attachment 2, and Supporting Documentation - Attachment 3, are incorporated by
reference herein and made a part hereof.
32. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered
and has the legal capacity to execute this Contract and to legally bind CONTRACTOR both in an operational
and financial capacity and that the requirements and obligations under this Contract are legally enforceable
and binding on CONTRACTOR.
[The Remainder of this Page is Intentionally Left Blank]
Contract No. ML11029
IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their
behalf by their authorized representatives.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
By:
Dr. William A. Burke, Chairman, Governing Board
Date:
ATTEST:
Saundra McDaniel, Clerk of the Board
By:
APPROVED AS TO FORM:
Kurt R. Wiese, General Counsel
By:
lac.
11MSRC06Loca1GovtMatch
Updated 22 October 2008
CITY OF SANTA ANA
By:
Name:
Title:
Date:
ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
T"; F01ZM
8
Assistant
Attachment 1
Statement of Work
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Project Description
At their corporate yard located at 215 South Center Street, Santa Ana, California,
92703, CONTRACTOR shall install a new liquefied petroleum gas (LPG) station,
expand their existing compressed natural gas (CNG) station, and modify their vehicle
maintenance facility to accommodate gaseous - fueled vehicles, as specified in
Attachment 3, Supporting Documents, Alternative Fuel Infrastructure Specifications.
Statement of Work
LPG Fueling Station
CONTRACTOR shall install an LPG fueling station as specified in Attachment 3.1.A.,
Alternative Fuel Infrastructure Specifications — LPG Station. CONTRACTOR shall be
reimbursed according to Attachment 2 - Payment Schedule.
CNG Fueling Station
CONTRACTOR shall modify their existing CNG fueling station as specified in
Attachment 3.1.B., Alternative Fuel Infrastructure Specifications — CNG Station.
CONTRACTOR shall be reimbursed according to Attachment 2 - Payment Schedule.
Maintenance Facility Modifications
CONTRACTOR shall improve their vehicle maintenance facility as specified in
Attachment 3.1.C., Alternative Fuel Infrastructure Specifications - Maintenance Facility
Modifications. CONTRACTOR shall be reimbursed according to Attachment 2 -
Payment Schedule.
Promotion
CONTRACTOR shall prepare and submit a proposed Public Outreach Plan to promote
the MSRC's co- funding of the infrastructure improvements. Acceptable outreach may
include, but is not limited to, notices in CONTRACTOR mailings to residents,
newspaper notices, flyers, and information items at CONTRACTOR Board meetings
and community events. The Public Outreach Plan shall automatically be deemed
approved 30 days following receipt by AQMD staff, unless AQMD staff notify
CONTRACTOR in writing of a Public Outreach Plan deficiency. CONTRACTOR shall
implement the approved Public Outreach Plan in accordance with the Project Schedule
below.
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Attachment 1
Statement of Work — continued
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Project Schedule (based on date of Contract execution)
Task
Completion
Submit Public Outreach Plan
Month 7
Enter contract(s) for LPG station
installation, CNG station upgrade, and
facility modifications
Month 12
Complete installations and enter /return to
service
Month 26
Implement Public Outreach Plan
Month 28
Quarterly reports
Months 4, 7, 10, 13, 16,
19, 21 and 24
Final Report
Month 30
Hardware: Fueling station equipment; ventilation system upgrades, gas detection and
alarm system, electric heaters, explosion -proof lighting, and fire -rated doors.
Reports
Quarterly Reports: Until all subject facilities enter /return to service, CONTRACTOR
shall provide quarterly progress reports that summarize the project results to date
including, but not limited to: tasks completed, issues or problems encountered,
resolutions implemented, and progress to date. Progress reports that do not comply will
be returned to the CONTRACTOR as inadequate.
Final Report: A Final Report shall be submitted by the CONTRACTOR in the
format provided by AQMD staff. Report shall include, at a minimum: a) an executive
summary; and b) a detailed discussion of the results and conclusions at this project.
CONTRACTOR will identify any barriers encountered and solutions developed to
overcome the barriers, and impact of project on future alternative fuel projects.
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Attachment 2
Payment Schedule
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Cost Breakdown
Reimbursement will be made:
only after verification of new station, station upgrade, or facility upgrade
completion. At a minimum, acceptable verification shall consist of:
o Representative photos of completed work;
o a report signed by a responsible official certifying that the work has been
completed as described in Attachments 1 and 3; and
o invoice(s) from subcontractor(s) performing the installations, if any.
If, at the completion of the Project, the expenditures are less than the Total Cost amount
above, the actual amount of AB 2766 Discretionary Funds reimbursed to
CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to
CONTRACTOR shall not exceed the actual amount of other funds applied.
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Maximum
AB2766
Purchase
Discretionary
Other Funds
Total Cost
Category
Funds payable
Applied
under this
Contract
Install LPG station
$75,000
$75,000
$150,000
Expand CNG
station
$120,000
$120,000
$240,000
Modify maintenance
facility
$67,500
$67,500
$135,000
Totals
$262,500
$262,500
$525,000
Reimbursement will be made:
only after verification of new station, station upgrade, or facility upgrade
completion. At a minimum, acceptable verification shall consist of:
o Representative photos of completed work;
o a report signed by a responsible official certifying that the work has been
completed as described in Attachments 1 and 3; and
o invoice(s) from subcontractor(s) performing the installations, if any.
If, at the completion of the Project, the expenditures are less than the Total Cost amount
above, the actual amount of AB 2766 Discretionary Funds reimbursed to
CONTRACTOR shall be adjusted on a prorated basis, so that the amount reimbursed to
CONTRACTOR shall not exceed the actual amount of other funds applied.
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Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
The supporting documents attached hereto as Attachment 3, represent obligations of
the CONTRACTOR. Nothing herein shall be construed as an assumption of duties or
obligations by the AQMD or granting any rights to third parties against the AQMD.
1. Alternative Fuel Infrastructure Specifications
2. Proof of Self- Insurance
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Attachment 3
Supporting Documentation
City of Santa Ana
Hereinafter Referred to as CONTRACTOR
Contract Number ML11029
Alternative Fuel Infrastructure Specifications
All installations and upgrades shall be made at CONTRACTOR's corporate yard located
at 215 South Center Street, Santa Ana, California, 92703.
A. LPG Fueling Station
The new LPG fueling station to be installed pursuant to this contract is described
as follows:
i. At least one dispenser with two (2) hoses
ii. Storage capacity of at least 2,000 gallons
iii. Card reader accepting major credit cards for payment
iv. Station shall be publicly accessible 24 hours per day
B. CNG Fueling Station
The expanded CNG fueling station to be installed pursuant to this contract is
described as follows:
i. Modify existing fast -fill fueling island access to make publicly accessible
ii. Add card reader accepting major credit cards for payment
iii. Move existing seven time -fill posts, and add three more time -fill posts for a
total of ten
C. Maintenance Facility Modifications
At a minimum, the following modifications shall be made at the existing vehicle
maintenance facility:
i. Install upgraded ventilation system;
ii. Install gas detection and alarm system;
iii. Install electric heating;
iv. Install electrical control panel which can shut off power to natural gas vehicle
repair area; and
v. Replace existing lighting with explosion proof lighting;
vi. Install fire - rated, self - closing doors; and
vii. Upgrade ceiling wiring and fittings.
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MAYOR
Miguel A. Pulirlu
MAYOR PRO TFM
Claudia C. Alvarez
COUNCIL MF_MBERS
P. David Liim,wirles
C,irlus Bubt,mianle
Michele Martinez
Vincent F. sannienlo
Sal rinaieio
October 26, 2011
CITY Of SANTA ANA
20 CIVIC CENTFR PLAZA • P.O. BOY 1988
SANTA ANA, CALIFORNIA 92702
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
To whom it may concern:
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Marla D. Fluizar
The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current reinsurance
and excess municipal liability is insured from $2M to $52M and includes auto liability coverage. The
City self insures and funds the first $1M of claim payments. BICEP covers the layer from $1M to $2M.
The City is permissively self - insured for workers' compensation and self - administers this program as
well. The City, through BICEP, purchases excess statutory coverage through the California State
Association of Counties — Excess Insurance Authority (CSAC -EIA) above $750K. The City funds claim
payments under $750K.
The City is also a member of the Public Entity Property Insurance Program (PEPIP). At present,
membership is over 6,400 entities. Current property insurance is $113 per occurrence for "All Risk"
coverage and flood coverage is $82.5M or $50M based on the flood zone where our insured property
is located.
If you need further information please contact me at (714) 647 -5470.
Sincerely,
59wa aya
Assistant Personnel Director
cc: William Navaja
14
.; City of Santa Ana
,'... f Certificate of Self- Insurance
City of Santa Ana, Risk Management, M -28, 20 Civic Center Plaza, Santa Ana, CA 92701
This is to certify that the City of Santa Ana is self- insured for the following coverage:
Type -of Coverage Self- Insurance Limit
General Liability: Bodily Injury and Property Damage $1,000,000
Terms, Conditions and Special Items:
The provisions under General Liability, above, shall apply only with respect to claims arising out
of the negligent acts or omissions of the City of Santa Ana, its officers, agents and employees or
any other person under its direction and control.
Cancellation:
Should any of the above described self- insured coverages be modified or cancelled before the
expiration date shown below, the City of Santa Ana will provide 30 days written notice to the
named certificate holder.
Certificate Holder
South Coast Air Quality Management District
Mobile Source Air Pollution Reduction Review
Committee (MSRC)
21865 Copley Drive
Diamond Bar, CA 91765
15
Certificate Effective Date: 07/01/2011
Certificate Expiration Date: 07/01/2012
0--
-L q� �fL
istant Personne Director
(714) 647 -5470
Date Certificate Issued: 10/26/2011