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HomeMy WebLinkAboutC21661 Extend Deadline for Funding of PM-10 Mitigation MeasuresContract No. C21661 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Ratify the City Manager's execution of a contract to extend the deadline for the funding of PM-10 mitigation measures. SUBMITTED BY: Michael Errante, P.E., Director of Public Works DATE: February 24, 2005 CONTENTS: Resolution 02-140 Contract MS03016 (extension for City Contract C21660) Recommendation: By Minute Motion: Ratify the City Manager's execution of a contract to extend the deadline for the funding of PM-10 mitigation measures. Executive Summary: On November 14, 2002 the City Council adopted resolution 02-140 which approved the application for an MSRC grant for soil stabilization and wind fences. The resolution also authorized the City Manager to execute the grant contract document between the City and SCAQMD for the MSRC funding allocation. Due to staffing shortages at Caltrans, the project for which we received the funding is being held up in the approval process. The City requested an extension for the funds from SCAQMD, but that agency didn't receive the amendment to the contract until after the original contract expired. A new contract was sent to the City to extend the funding through August 2005. The City Manager has already executed this contract extension. Therefore, staff recommends that City Council, by minute motion, Ratify the City Manager's execution of the contract to extend the deadline for the funding of PM-10 mitigation measures. Director f Public Wor CM for Dev ent Services Director of Finance City Manager G:\PubWorks\Staff Reports\2005\February 24\Ratify City Manager Execution of Contract - PM10 Dust Control.doc Contract NO. C21661 RESOLUTION NO. 02- 140 4-6,10p fej I/1 i /oL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, • CALIFORNIA, APPROVING THE APPLICATION FOR A FISCAL YEAR 2002/03 MSRC COACHELLA VALLEY PM-10 REDUCTION PROGRAM GRANT FOR WIND FENCE AND SOIL STABILIZATION IMPROVEMENTS WHEREAS, the Mobile Source Air Pollution Reduction Review Committee (MSRC) shall make available $1.0 million to CVAG member jurisdictions for Fiscal Year 2002/03 for funding of qualified PM- 10 mitigation projects in the Coachella Valley; and WHEREAS, the City of Palm Desert has already been awarded $326,790 in funds from the Federal TEA-21 Congestion Mitigation and Air Quality Improvement (CMAQ) program in support of the City's PM-10 wind fence and soil stabilization improvements and WHEREAS, an 11.47% "local match" of the TEA-21 CMAQ award is available under the MSRC grant program; and WHEREAS, the City wishes to file an application (Attachment 1) applying for the "local match" in the amount of $42,339. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert California, as follows: 1. The City hereby approves the application for the MSRC Coachella Valley PM-10 Reduction Program grant in the amount of $42,339, for the following improvements: r- City owned parcel (East side of Portola 600 LF south of Frank Sinatra) City owned parcel (Gerald Ford 2,600 LF east of Monterey) Frank Sinatra Drive (Median Island from Holister to Portola) Wind Fence/Wind Breaks Cook Street (West Parkway from Fran Sinatra to Gerald Ford). Gerald Ford Drive (North Parkway from Monterey to Portola) City Owned Parcel (Gerald Ford 2,600 LF East of Monterey Avenue) 2. The City authorizes the proposed project, and commits the Public Works Department to the proposed PM-10 projects identified in paragraph 1 above. 3. The City commits to the budget and implementation schedule as set forth in the application for Fiscal Year 2002/2003 MSRC Coachella Valley PM-10 Reduction Program funding, filed on November 5, 2002. 4. The City Council authorizes the City Manager, or his designee, to be the Lead Agency Representative as agent of the City of Palm Desert to conduct all negotiations, execute and submit all documents, amendments, payment requests and other administrative duties, which may be necessary during the course of the planning, design, construction, operation and maintenance of the aforementioned project. 5. The City Council authorizes the City Manager to execute the grant contract document between the City and SCAQMD, upon concurrence of the City Attorney, for the MSRC funding allocation. G:\PubWorks1Slan Reports\MSRC Resolution PM 10 Reduction Prog'a....wc Contract No. C21661 Resolution No. 02-14Q Adopted: Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council held on this 14th day of November, 2002, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NONE NONE NONE RA HELLE D. KLASSEN, City Clerk City of Palm Desert, California (City Seal) APPROVED AS TO FORM: DAVIB J ER$N , City Attorney City of Palm esert, California RICHARD S. KELLY, Mayor City of Palm Desert, Califomia Contract No. C21661 Mobile Source Air Pollution Reduction Review Committee January 26, 2005 Ryan Gayler City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Gayler: Enclosed is a fully executed AB 2766 Discretionary Fund contract for your records. The contract number is AB 2766/MS03068. Please include your contract number on ALL correspondence sent to the AQMD when referencing this project. Please address all correspondence to: Mr.. Matt Mackenzie/AB 2766 South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 (909) 396-2059 Fax (909) 396-3682 Included in this letter you will find copies of the MSRC's policies and procedures for progress reporting and contract modifications, samples of progress reports and invoices you will be submitting during the contract term, and a copy of the final report format. Please read this information carefully and keep it in your contract file for future reference. Progress Reports Progress reports should contain all pertinent information related to contract performance during the specified period. Informative progress reports are critical as they are used to evaluate the overall performance under the contract. MSRC staff also uses them as a tool for determining if any MSRC action needs to be taken due to problems or delays. If for some reason you need to extend the term of your contract or change the scope of the project, it is very important that you record this in your progress reports and notify us immediately. Do not change your project/contract without prior approval of the MSRC. Please refer to the Schedule of Deliverables in your contract to determine if your reporting frequency is monthly or quarterly. Quarterly reports are used for contracts with a long lead-time, for example, buying vehicles or the conversion of vehicles. This basically covers the Alternative Fuels categories, which includes Public Transit Fleets, School Bus Fleets, and Fleet Acquisitions. Monthly reporting is typically used for TCM 21865 East Copley Drive, Diamond Bar, California 91765 a 909/396-2479 or 396-3043 fax 909/396-3682 City of Palm Desert 2 Contract No. C21661 and all other categories. Exceptions to the monthly reporting rule may be considered if contract milestones are not triggered for a long length of time. Note: All heavy-duty contracts include a supplemental requirement for Annual Reports. Please refer to the Schedule of Deliverables for further details. This reporting requirement is in addition to the Monthly/Quarterly and Final Reports and extends beyond the expiration date of the contract. All vehicle purchase and fueling station contracts include the requirement to apply MSRC decals to MSRC-funded vehicles and/or fueling stations. A decal order form is attached for this purpose. It is your responsibility to order the appropriate number and type of decals when your vehicles arrive. A spreadsheet is used by Contracts staff to track the timely submission of progress reports. This spreadsheet is submitted to the MSRC-TAC and the MSRC for their review on a monthly basis. Be aware that failure to provide the required documentation of progress will delay the payment of any invoices that are submitted on the contract and can result in termination of your contract. You will find the "Policy to Terminate Contracts Due to Lack of Progress/Response by Contractors" and a sample progress report in Attachment A. Please refer to the Contract for reporting guidelines. Contract Modifications Any requests for contract modifications must be submitted to the AB 2766 Contract Administration staff in writing. Requests must be submitted by the first Monday of the month or at least ten days prior to the monthly MSRC-TAC meeting (typically held on the second Thursday of each month). The procedure for presenting your request to the MSRC for approval and the processing of subsequent paperwork takes approximately six to eight weeks to complete. Upon receipt, your request will be presented to a subcommittee for evaluation. The subcommittee will present its recommendation to the MSRC-TAC, and the TAC will make a recommendation to the MSRC. The MSRC will grant final approval or disapproval of the request. Any contract changes made without prior approval of the MSRC will be at the contractor's own risk. If the MSRC does not approve the change, the contractor will not be reimbursed for any costs incurred as a result of the unapproved change. The "Policy for Contract Modifications" is included as Attachment B. Invoicing Funds are dispersed on a reimbursement basis. Supporting documentation of individual charges in excess of $250 is required for all AB 2766 expenditures. Co -funding expenditures are also tracked. You must document any co -funding expended for the billing period when invoicing for AB 2766 funds. You must also expend your co - funding in a manner that is proportionate with your expenditure of MSRC funds. If you cannot provide supporting documentation for co -funding you may send a statement certifying that the funds were spent as stated on the invoice and that proof of this expenditure can be produced if audited. This statement must be signed by someone who can authorize funding commitments. City of Palm Desert 3 Contract No. C21661 Attachment C provides you with the MSRC Standard Invoice which must be used by all contractors. It is also available in electronic format and will be emailed to you upon request. Note that it does not preclude the need for documentation showing hourly rates, receipts, etc., when necessary. Refer to your contract for specific guidelines. The AQMD'S payment of invoices shall be subject to the following limitations and requirements: • LABOR - Costs invoiced to AQMD must be listed by rate, number of hours, and professional category and must be in conformance with those set forth in Attachment 3 - Cost Schedule. • EQUIPMENT, MATERIAL, SUPPLY COSTS, SUBCONTRACTORS AND OTHER CHARGES - Costs must be itemized by CONTRACTOR. Supporting documentation must be provided for all individual charges. CONTRACTOR'S failure to provide receipts shall be grounds for AQMD'S nonpayment of such charges. AQMD may reduce payments on invoices by those charges for which receipts were not provided. Final Reports Per the contract, a comprehensive final report shall be provided to the MSRC prior to the end of the contract term. The final report shall be subject to review and approval. The final report shall be complete, on letter -size paper and in electronic Microsoft Word format, and include illustrations and graphs, as appropriate, to document the work performed and the results thereof under this contract. The final report will also contain, in detail, the reduction of mobile source air pollution emissions resulting from the project's implementation. Please submit your report in a sturdy binder, as it will be placed in the AQMD's library for use as reference material. The final report format can be found in Attachment D. I hope this letter answers most of your questions. Please feel free to call me at (909) 396-3269 to discuss any problems or concerns you may have. Sincerely, Cynthia Ravenstein MSRC Contracts Administrator Enclosures: Executed Contract Policy to Terminate Contracts Progress Report Template Policy on Contract Modification MSRC Standard Invoice MSRC Final Report Format MSRC Decal Order Form Contract No. C21661 South Coast Air Quality Management District Contract No. MS03068 MSRC Mobile Source Air Pollution Reduction Review Committee COACHELLA VALLEY PARTICULATE MATTER REDUCTION PROGRAM CONTRACT 1. PARTIES - The parties to this Contract are the South Coast Air Quality Management District (hereinafter referred to as "AQMD") whose address is 21865 East Copley Drive, Diamond Bar, California 91765, and the City of Palm Desert (hereinafter referred to as "CONTRACTOR") whose address is 73-510 Fred Waring Drive, Palm Desert, California 92260. 2. RECITALS A. AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of 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 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 pollution from motor vehicles. 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 incorporated herein by this reference 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 Coachella Valley Particulate Matter Reduction Program Application dated November 4, 2002. 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 Tess 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. i Contract No. MS03068 Contract No. C21661 5. REPORTING A. PROGRESS REPORTS - A concise Interim Report will be submitted at the approximate halfway point in the overall project schedule. The Interim Report should include the following topics, at a minimum: a) tasks completed; b) issues or problems encountered; c) resolutions implemented; and d) progress to date. Any modifications, whether already implemented or planned, to the project description/statement of work, project costs, or project schedule, should be highlighted in the Interim Report. B. FINAL REPORT - CONTRACTOR shall provide AQMD with a comprehensive final report prior to the end of the Contract term. The final report shall be subject to review by the MSRC and approval by AQMD. One letter -size paper copy and one electronic version in Microsoft Word format shall be provided to AQMD. The final report shall be complete and include illustrations and graphs, as appropriate, to document the work performed and the results thereof under this Contract. 6. TERM - The term of this Contract is for ten (10) 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 six months at no additional cost. Term extensions greater than six months must be reviewed and approved by the MSRC. 7. 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 13 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. 8. INSURANCE - CONTRACTOR is permissibly self -insured and will maintain self-insurance in accordance with applicable provisions of California law as evidenced by certificate of self-insurance in Attachment 3, herein. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. 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. 9. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify, AQMD, its officers, employees, agents, representatives, and successors -in -interest against any and all loss, 2 Contract No. MS03068 Contract No. C21661 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. 10. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Forty Two Thousand Three Hundred Thirty Nine Dollars ($42,339) 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 East Copley Drive Diamond Bar, CA 91765 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 are completed and proof of completion is provided to AQMD. If the project described in Attachments 1 and 2 are 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 actual amount of AB 2766 Funds utilized in performance of the project is less than the amount described in Attachment 2, the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 100% of the actual AB 2766 Fund amount expended for the project. 11. MAINTENANCE OF WIND FENCING CONTRACTOR shall at CONTRACTOR's expense maintain wind fences in good repair for the duration of the term of this Contract. 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. 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 3 Contract No. MS03068 Contract No. C21661 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. 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 E. Copley Drive Diamond Bar, CA 91765 Attn: Cynthia Ravenstein, MSRC Contract Administrator CONTRACTOR: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Attn: Ryan Gayler 14. 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. 4 Contract No. MS03068 Contract NO. C21661 15. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 23. 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. 5 Contract No. MS03068 Contract No. C21661 24. 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. 25. 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. 26. 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. Requests to expend funds above the Contract value stated in Clause 10A must be approved prior to the expenditure of additional funds. CONTRACTOR must make such request a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by both parties. 27. 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 Cost Schedule -Attachment 2, and Supporting Documentation -Attachment 3, are incorporated by reference herein and made a part hereof. [The Remainder of this Page is Intentionally Left Blank] 6 Contract No. MS03068 Contract No. C21661 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 APPROVED AS TO FORM: Barbara Baird, District Counsel //MSRCCoachellaValleyPMRedProgram 23ApriI2003 CITY OF PALM DESERT Date: I I /Ligiot>4 7 Contract No. C21661 Attachment 1 — Statement of Work City of Palm Desert Hereinafter Referred to as CONTRACTOR Contract Number MS03068 Project Description CONTRACTOR will implement soil stabilization improvements on two parcels and a median island, as well as installing wind fences in three locations for the purpose of reducing emissions of particulate matter (PM10). The project will consist of clearing and application of soil stabilizer over a total of 891,600 square feet and installation of 15,800 linear feet of wind fencing. Statement of Work CONTRACTOR shall complete the following tasks as specified below and in Attachment 3, Supporting Documents — Site Map: A. Install approximately 3,000 linear feet of wind fencing and stabilize approximately 1.65 acres of unimproved roadway shoulder along the west side of Cook Street between Frank Sinatra Drive and Gerald Ford Drive. A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. B. Remove and replace approximately 5,000 linear feet of existing, dilapidated wind fencing; remove excess sand build-up; and stabilize approximately 3.0 acres of dirt parkway area along the north side of Gerald Ford Drive between Monterey Avenue and Portola Avenue. A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. C. Install approximately 3,800 linear feet of wind fencing and stabilize approximately 20.0 acres of disturbed area located on the south side of Gerald Ford Drive approximately 2,600 linear feet east of Monterey Avenue. A polymer soil stabilizer (or equivalent approved by MSRC staff) shall be applied to the project area by a licensed operator. D. Grade, install irrigation system and plant vegetation on approximately 20.0 acres of disturbed area on the east side of Portola Avenue approximately 600 linear feet south of Frank Sinatra Drive. E. Install irrigation system and plant vegetation on approximately 20,400 square feet within a raised median island on Frank Sinatra Drive approximately 2,600 linear feet east of Monterey Avenue. CONTRACTOR shall be reimbursed according to the costs stated in Attachment 2 — Cost Schedule, after verification that stabilization, wind fencing and vegetation are complete. Contract No. C21661 Attachment 1 — Statement of Work City of Palm Desert Hereinafter Referred to as CONTRACTOR Contract Number MS03068 Project Schedule (based on date of Contract execution) Task Start Completion Site design and permitting Month 1 Month 1 Prepare sites, apply stabilizer, install fencing and plant vegetation Month 2 Month 9 Interim Report Month 5 Month 5 Final Report Month 10 Month 10 Hardware: None. Reports Interim Report: A concise interim report shall be submitted at the approximate halfway point in the overall project schedule. At a minimum, the interim report should address the following topics: tasks completed, issues or problems encountered, resolutions implemented, and progress to date. An interim report that does 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 of this project. CONTRACTOR will identify any barriers encountered and solutions developed to overcome the barriers, and impact of project on future PM10 mitigation projects. In the event the CONTRACTOR files for bankruptcy or becomes insolvent or discontinues this project, the following items revert to the AQMD for disposition into the AB 2766 Discretionary Fund account: none 2 Contract No. C21661 Attachment 2 — Cost Schedule City of Palm Desert Hereinafter Referred to as CONTRACTOR Contract Number MS03068 Cost Breakdown Purchase Category MSRC Costs CMAQ Funds Applied Local Funds Total Cost Site design & permitting $3,244 $25,040 $28,284 Prepare sites, apply stabilizer, install fencing and plant vegetation $39,095 $301,750 $340,795 Total $42,339 $326,790 $369,079 CONTRACTOR shall be reimbursed according to the amounts stated following receipt of verification that stabilization is complete, wind fencing and irrigation have been installed, and vegetation has been planted. At a minimum, acceptable verification shall consist of: • Report(s) signed by a responsible official certifying that the stabilization has been completed, wind fencing and irrigation systems have been installed, and vegetation has been planted as described in Attachment 1 — Statement of Work, and specifying the dates and locations on which the stabilization occurred; • Photos of representative section(s) of wind fencing; • Invoice(s) from the subcontractor(s) o performing the stabilization; o installing wind fencing; o installing the irrigation systems; and o planning the vegetation; or • If CONTRACTOR's employees will be installing irrigation systems, installing wind fencing, and/or planning vegetation, receipts for purchase of the materials. • invoice(s) from the subcontractor performing the stabilization. 3 Contract No. C21661 Attachment 3 — Supporting Documentation City of Palm Desert Hereinafter Referred to as CONTRACTOR Contract Number MS03068 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. Certificate of Insurance 2. Site Maps 4 C 1 T Y Of PR' ffl OHERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 I FAX: 760 341-7098 info @palm -des a rr. o rg Contract No. C21661 EXHIBIT E LETTER OF SELF INSURANCE November 1, 2002 MSRC Contracts Administrator South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, California 91765 Dear MSRC Contracts Administrator: This is to certify that The City of Palm Desert California insures, defends, settles and pays third party claims for bodily injury, personnel injury, death and/or property damage. Protection under this program is warranted to meet or exceed $1 million, combined Single Limit, per occurrence. Additionally, The City of Palm Desert maintains Worker's Compensation insurance under the laws of the State of California. The City of Palm Desert agrees to provide the South Coast Air Quality Management District with thirty (30) days prior written notice of any changes in this program. If you need any further information regarding this risk -retention program, please contact the The City of Palm Desert Risk Manager at (760) 346-0611. Sincerely, Gary Rosenblum Risk Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 grosenblum@ci.palm-desert.ca.us ti:,) PRINTED ON RE(Y(kkO fRR[R EXHIBIT H Page 3 ofl 91 Ti ` ]=� I< I \ — 38011.61 COOK STREET PORTOLA AVENUE mi. c FRANK SINATRA DRIVE Q 0 -c Contract No. C21661 EXHIBIT B (7) Page 6421 99 O9f°I ip 1p'COlt 1 3nN3AV T 4 8107 10'09C N 0. 0.1 �esc fi 1,1011 i 999 13.42 ACML TRA 418-152 N 02'0091 MCl•00.00N LICJ 3AY 90G•10'°, - A32131NOW Tee d a 6u Contract No. C21661 EXHIBI eft o M I al 00 H TEE W Un UD M Fa Its3.[•[I.1om D NOOJ alfLu,n- - �r 6 o I urger (t'It9 tS PLO-ato 111.1 q T 11ir! i � 169.76 n^ )LO a�.otr ;a 2 ts S • 14 N M 9o'c9u roi +'r op, Y. op ,'_ D YY, On3. V o-� r. x g R5 3l/IR; RS 67/97; R5 79/R a. e. E N N to) M V Cara da a 03 u cea Contract No. C21661 -4c 7 EXIAIBIT 6-1 EXHIT B (7) Page 1 of 21 I" 400' MICI( _ -90 1[4 SA e%%%%%ERALD- FORD - AVENUE- 131525 2 Goo + > 011 STA $) LI $Ali o.L_ CUD O EX 38.60 AC w1.'40 FCMce 32/ r !2 371 EX 2 40.34 AC O EX 1 40.40 AC 132].05 Contract No. C21661 TB(7) of 21 N) M '71v3A d V 701 /1Od 1 H S LtJ H 10 H 13331 S .VOOa 60 1NS 10 or 1NS F2NS LZ 1NS V 70180d 3/7N34 d A3 Y31 NOW COUNTRY Contract No. C21661 MSRC Mobile Source Air Pollution Reduction Review Committee Contract No. C21661 POLICY ON CONTRACT MODIFICATIONS SCOPE CHANGES, EXTENSIONS, AND COST REALLOCATIONS 1. Contract extensions or scope changes may be requested on AB 2766 Discretionary Fund contracts. Contractors should submit requests in writing, using the Modification Request Form, to the Contract Administrator's office. Reasons for the request should be well documented by the Contractor. The Contract Administrator will present the requests to both the MSRC-TAC and the MSRC for consideration and approval. 2. Contract extensions and scope changes must be submitted by 9.a.m. on the first Monday of the month to be considered by the MSRC-TAC and MSRC for that month. Requests received after the first Monday of the month will be considered at the following month's MSRC-TAC and MSRC meetings. Late extension requests for contracts expiring prior to the following months MSRC-TAC meeting, must include a discussion of the compelling reasons for the untimely submission of the request. Such requests will be considered on a case -by -case basis by the MSRC - TAC. 3. Extension requests and scope changes will be considered by the MSRC-TAC and MSRC on a case -by -case basis. An option clause shall be included in all contracts that will allow MSRC staff the ability to extend a contract an additional six months at no cost to the MSRC or the contractor. All subsequent extensions will be brought to the MSRC for its consideration. If a contract extension or scope change is for the contractor's convenience, the MSRC shall have the discretion to request a downward adjustment in the contract price, an additional task, an additional report or seek other legal consideration as a condition of granting the extension or scope change. Situations defined as convenience are problems or delays caused by internal management or administration, for example, failure to submit progress reports or final reports in a timely manner, failure to aggressively monitor the project, and extensions merely to exhaust unexpended funds. A delay due to problems with the delivery or manufacturing of equipment or vehicles and circumstances beyond the control of the contractors will not be considered as changes for the contractor's convenience. Documentation of delays will be required. The MSRC shall have the discretion to seek legal consideration for extension or requests granted under these circumstances. 21865 East Copley Drive, Diamond Bar, California 91765 ig 909/396-2479 or 396-3043 fax 909/396-3682 4. Any contract changes made without prior approval of the MSRC will be at the contractor's own risk. If the MSRC does not approve the change, the contractor will not be reimbursed for any costs incurred as a result of the unapproved change. 5. The contractor is responsible for properly monitoring the project and should notify the Contract Administrator immediately if the Contractor feels the project is in jeopardy of falling behind schedule or problems arise. 6. Requests for extensions must be received in writing by the Contract Administrator 60 days prior to the close of the contract. The approval process for contract extensions and scope changes takes approximately six weeks. If a request is made within 60 days of the end date of the contract, the contract may expire prior to review and approval of the request. If this situation occurs, the contractor must stop work until the time extension is approved. In the event the extension is not approved the contractor must consider the end date of the contract term and may not bill for work done after this date. Adopted May 25, 1995 Amended November 18, 1999 (a: sc:policyrevised99. doc) 2 SRC Mobile Source Air Pollution Reduction Review Committee Contract No. C21661 Attachment A Policy to Terminate Contracts Due to Lack of Progress or Response by Contractors The intent of this policy is to discourage Contractors from failing to provide documentation of progress made on AB 2766 Discretionary Fund projects. It is the intent of the MSRC to ensure that work is completed pursuant to the work statement set forth in the respective contracts. In the event that progress is not made without adequate justification by the Contractor and subsequent approval by the MSRC, the MSRC may recommend that the contract be terminated and funds be reallocated to other projects. MSRC contracts require all contractors to submit progress reports within 15 days of the end of the reporting period (quarterly or monthly based upon the type of project). Under this policy failure to submit progress reports within the allotted time may be considered a material breach and subject the contract to termination. If the Contractor fails to submit progress reports as required by the contract, the following shall occur: If after seven (7) days past the progress report due date, the Contractor fails to submit progress reports as required by the contract Contracts Staff 'will notify the Contractor in writing of the delinquency and request that the progress report be submitted within seven (7) days of the written notice. For Monthly Reports: If the CONTRACTOR fails to submit a progress report for the second consecutive month, the Contracts Administrator shall send a second written notice indicating that two previous progress reports are due and that they must be submitted within 15 days. If the CONTRACTOR fails to provide a report for a third consecutive month, the AQMD's Contracts Manager shall provide written notice to the CONTRACTOR to cure the delinquency within 15 days of the notice or be subject to termination within 30 days. For Quarterly Reports: If the CONTRACTOR fails to submit a progress report, the Contracts Administrator shall send a written notice indicating that the progress report is due and that it must be submitted within 15 days. If the Contractor does not respond within the allotted time, the AQMD's Contracts Manager shall provide written notice to the CONTRACTOR to cure the delinquency within 15 days of the notice or be subject to termination within 30 days. Also, if the CONTRACTOR has a history of non-consecutive (three or more occasions) delinquent progress reports this may be considered a material breach of the contract and be grounds for immediate termination of the contract. For example, if progress reports are submitted in such an inconsistent and sporadic fashion as to indicate a lack of compliance with this contract provision (e.g., progress report submitted one month, skipping several months thereafter). In addition, if a contract is terminated as a result of this policy, the direct contractor involved will not be eligible to apply for AB 2766 Discretionary Funds for two program years. Adopted 3/23/94 Amended 11/18/99 46 0) a Contractor Name U 0 0 ct � C Q o t1 Q N g CQ 1. Q t Z c: cL. Invoice No. For Period of Co -Funding This Period " MSRC Cumulative MSRC Allocated Amount Task/Sub-Task 0 0 0 64 0 0 64 0 0 0 0 O 64 0 0 0 64 " Co -funding must be expended proportionately with MSRC funds. a) m o °n_ o 0 '- t- (I) . o ai F a)� (13 E CC 0 a) O p0 0 . 0. CD Z co O c� V cn cca 0 Q .. C 0-c •C 0 0 Q ca U) U) O U C a).� " -oo— E c '— o OG)a) -0 'a 514 C 0- '� Coco a) 06 3ca 7303 Q) U C N a) - C -0 0 a0 (i).0 c a) c aE) 's EOM, cn 4- C w V U ca Letter of Certification Contract No. C21661 This letter certifies that (entity) has received the vehicles that have been partially funded through the above -mentioned AB2766 Discretionary Fund Contract and those vehicles have been tested and placed into regular service. Further, (entity) agrees that it will comply with the terms of the Contract, and specifically, the vehicles provided shall accrue at least 85% of their annual mileage or engine hours of operation within the geographical bounds of the South Coast Air Quality Management District (SCAQMD). Additionally, vehicles replaced under this contract shall either be scrapped or removed from service within SCAQMD. Signature Date Please submit with all invoices for vehicle reimbursement. Attachment A Quarterly (or monthly) Progress Report For Reporting Period of Contract No. AB 2766/XXXXX (Contractor's Name) Contract Period - March 15, 2001 through June 30, 2005 Task 1 Vehicle Procurement/Design and Engineering A bus bid specification was prepared detailing vehicle design and performance parameters, as well as technical quality assurance, and warranty requirements. Percent Completed this Reporting Period: 0% Percent Complete 100% Task 2 Bid Process An Invitation for Bid (IFB) package was issued to perspective bus manufacturers of alternative fuel buses. (Contractor) reviewed and evaluated all Requests for Approved Equals submitted by each bus manufacturer. Bid opening was May 30, 2001. Percent Completed this Reporting Period: 0% Percent Complete 100% Task 3 Pre -Production Meetings Pre -Production Meetings began in June of 2001, and were completed in August of 2001. Construction of the prototype bus has begun. Percent Completed this Reporting Period: 0% Percent Complete 100% Attachment A Contract No. C21661 Task 4 Protype Bus Production Contractor had in place an inspection team consisting of one Warranty and Equipment Mechanic and one Supervisor as required by the production process. The pre -production prototype bus was completed in October, 2001. Percent Completed this Reporting Period: 0% Percent Complete 100% Task 5 Bus Production Contractor has in place an onsite manufacturing inspection team which monitors production quality and conformance to bus specifications. Once the production buses are completed and presented for acceptance, the inspection team will approve documents to allow for purchase and payment of buses. Percent Completed this Reporting Period: 25% Percent Complete 25% Task 6 Service Preparation Contractor has established a bus acceptance team to prepare new buses for service. Each new bus is safety checked, cleaned, and function tested prior to being placed into revenue service. Percent Completed this Reporting Period: 13% Percent Complete 13% Task 7 Vehicle Performance Evaluation New buses are assigned to designated service operating divisions for introduction into Contractors fleet. Performance of vehicles is monitored and warranty provisions of the contract are administered. This process is on -going throughout the life of the bus and has no completion date. The following percentages indicate buses presently in revenue service. While a number of new buses have been placed in service, any performance evaluation at this Attachment A point would be premature. The buses, however, have not exhibited any evidence of major problems or concerns. Percent Completed this Reporting Period: 2% Percent Complete 2% Issues During Current Reporting Period: 1. Engine perfoiniance issues related to stalling have been addressed by the manufacturer. The result has been a new engine electronic control module (ECM) software release. In addition, testing is underway on a prototype fuel pressure regulator. 2. Congestion at the fueling site was resolved by the addition and subsequent agreement for use of a new fueling site adjacent to the central terminal. Work Planned for Next Reporting Period: 1. Operational Evaluation of the in-service fleet will begin. 2. Contractor will continue to work with bus manufacturer and the engine manufacturer to resolve any performance, reliability, or preventive maintenance issues that may arise. 3. Contractor will also continue to work with the bus manufacturer to resolve various issues related to the in-service fleet. 4. Engineering staff will continue with the full-time inspection and acceptance process at the production facility. For additional information or questions, please contact: Mobile Source Air Pollution Reduction Review Committee Contract No. C21661 Attachment D Final Report Format for AB 2766 Discretionary Fund Contracts Each page of the report must be legible and suitable for photo reproduction. Use single or one and one-half spacing. Do not double or triple space. All pages shall be of standard size (81/2 x 11). The title page should be numbered consecutively. Photo reduction is not acceptable for tables or figures; these should be presented on consecutive 81/2 x 11 pages with each page containing one portion of the larger chart. Color presentations are acceptable, printing should be in black. Do not include corporate identification on any page of the Final Report, except on the title page. The Final Report and any Appendices must be bound in a three (3) rink binder. Format details are as follows: Title Page - Include contract number, project title, contractor organization, and date, and include the statement: "Prepared for the Mobile Source Air Pollution Review Committee (MSRC) under the AB 2766Discretionary Fund Work Program. Abstract - The abstract shall indicate the purpose and scope of the work undertaken, the work performed, results obtained, and conclusions. The abstract must provide a short discussion 'of the emissions benefits (with numerical benefits) of this contract compared to the benefits contemplated in the proposal. The purpose of the abstract is to provide the reader with useful information and with a means of determining whether the complete document should be included for study. A brief statement should indicate whether this project has developed or retained jobs. Because of the subsequent processing of abstracts for bibliographic purposes, avoid usage of non-English or special characters and inferior or superior figures (subscripts, formulas, etc.). The length of the abstract should be about 200 words. Acknowledgements - Only this section shall contain acknowledgments of key personnel and organizations who were associated with the project. The last paragraph shall be as follows: "This report was submitted in fulfillment of AB 2766/ (contract number) and (project title) by (contractor organization) under the (partial) sponsorship of the Mobile Source Air Pollution Reduction Review Committee (MSRC). Work was completed as of (date) ". 21865 East Copley Drive Diamond Bar California 91765 909/396-2479 or 396-3043 fax 909/396-3682 ,Disclaimer - The following staternent is. to appear near the front of the report: "The statement and conclusions in this report are those of the contractor and not necessarily those of the Mobile Source Air Pollution Review Committee (MSRC) or the South Coast Air Quality Management District (SCAQMD). The mention of commercial products, their sources or their uses in connection with material reported herein is not to be construed as either an actual or implied endorsement of such products." Table of Contents List of Figures - This is an optional itemwhere there are fewer than five illustrations. List of Tables - This is an optional item where there are fewer than five tables. Summary and Conclusions - This is an important part of the report. It is one of the sections that will be read most frequently. This section should begin with the statement of what was done and why, and how it was done. Major results of the study should then be presented using clear, concise statements. A discussion must be included describing the emissions benefits derived from this contract. This must include quantitative benefits not simply a qualitative statement that benefits were achieved. Recommendations - Use clear, concise statements to state recommended future actions and further study that may be required. J8ody of Report a) Scope, purpose and background of the project, description of the various phases of the project, theoretical approach to the solution of the problem and the limitations to the work. b) Design, construction, operations or evaluation phase or experimental phase,. materials, equipment, instrumentation and methodology, including data and results. c) Discussion - Detailed description and analysis of the work performed during the course of the project that led to the conclusions. Id'ent innovations or development of new techniques or processes. Include a discussion of how this project provided job development or retention and whether products leading from this project will create new jobs. Where, appropriate, include a discussion of cost projections and economic analyses. d) Emissions Benefits - Detailed description of the benefits proposed compared with the benefits achieved by this project. This section must be quantified to include pollutants reduced, trips reduced, etc., so that the reader may determine the air quality benefits of this project. 2 Contract No. C21661 Procedures - Explain/describe the �erThejpurpc� purposeal procedure this section is toconduct allow a project. Discuss successes and failure subsequent project to benefit from both your successes and failures. References - Use consistent references which are full citations to work referenced throughout the report and references to closely related work, background material, ts of e and publications which offeradditional oathe end of theon chap�rcwith citation,rk or �st n option of the author is to list thesat together in a separate section following the body of the report. List of Inventions Reported and Published - If any inventions have been reported, or any publications or pending publications ave been date produced of publicationas a result of the and project, list the titles, authors, journals identifying numbers which will assist in locating such information in this section: Glossary of Terms, Abbreviations and Symbols - When more than five of these items are used in the text of the report, prepare a listing of all with explanations and definitions. Every abbreviation and parenthesized symbol. bol will ways The �otaldefined count of employed appearance in the report with a ,symbols and abbreviations in twh cl�shouldort text b�self-contained. es not YNleentries asurementstables in the callouts and legends in figures reports will be expressed in metric s; however, for Systhe tem of units,2ce of engineers the values may and other scientists accustomedusing the British be given in British units as well in parentheses after the value in metric units. The expression of measurements by both systems is especially encouraged for engineering reports. o Appendices -Related or additional materialbetoo lacedbulky in appendices. tTl e includeappendwithin ces the discussion portion of the report shall p shall be made a part of the report, with consecutive page numbers. If the appendices are too large for inclusions in the report, they shall be collated, and bound, as a separate document with separate page numbers. The CONTRACTOR shall determine how appendices are to be included in the Final Report. If a report has more than one appendix, each is to be designated with a capital letter and page numbers are still continuations of the body of the report. (I: P7nalfarmfO (.11vll )994) (Nrvisrd 8/13/98) 3 SRC Mobile Source Air Pollution Reduction Review Committee DECAL ORDER FORM The MSRC is proud of the partnership we have with the Clean Air Community. We believe that anyone contributing to the cause of clean air should be just as proud. If you would like to advertise your efforts toward cleaning the air we breath by placing an MSRC "Clean Air" decal on one or more of your alternative fuel vehicles, please complete and submit this request to: Mobile Source Air Pollution Reduction Review Committee c/o South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Please indicate the following: Number of decals with black lettering (for placement on light colors) Number of decals with white lettering (for placement on dark colors) Note: All decals are 6" x 8" and come with a clear background. Mail decals to: Name: Organization: Street Address: City/State/Zip: MSRC cannot accept responsibility for damage to paint or other vehicle surfaces arising from application or removal of these decals. MSRC Mobile Source Air Pollution Reduction Review Committee DECAL ORDER FORM The MSRC is proud of the partnership we have with the Clean Air Community. We believe that anyone contributing to the cause of clean air should be just as proud. If you would like to advertise your efforts toward cleaning the air we breath by placing an MSRC "Clean Air" decal on one or more of your alternative fuel vehicles, please complete and submit this request to: Mobile Source Air Pollution Reduction Review Committee c/o South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Please indicate the following: Number of decals with black lettering (for placement on light colors) Number of decals with white lettering (for placement on dark colors) Note: All decals are 6" x 8" and come with a clear background. Mail decals to: Name: Organization: Street Address: City/State/Zip: MSRC cannot accept responsibility for damage to paint or other vehicle surfaces arising from application or removal of these decals.