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HomeMy WebLinkAbout9/18/2013 - STAFF REPORTS - 2.J. '9 ALMS. y iy Cl V N x °'rovx.a° City Council Staff Report DATE: September 18, 2013 CONSENT CALENDAR SUBJECT: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) AGREEMENT FROM: David H. Ready, City Manager BY: Public Works & Engineering SUMMARY: Approval of this item will give authorization to the City Manager to complete all actions relative to the execution of the agreement with SCAQMD for Sentinal funds. RECOMMENDATION: 1. Authorize the City Manager to execute the Agreement with the SCAQMD for reimbursement of funds for the Sentinal Power Plant funded, Palm Springs Solar Voltaic projects, subject to prior approval by City Attorney. 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: In May of 2012 the City applied for AB 1318 Mitigation funds associated with the construction and operation Sentinal Energy Project Power Plant. In February 2013, the City was informed that the SCAQMD Board approved $1,175,225 for 4 solar voltaic projects as follows: 1) $284,915 for the Palm Springs Visitors Center 2) $311,680 for Fire Station #3 3) $190,365 for Train Station 4) $388,265 for the James O' Jessie Desert Highland Unity Center SCAQMD has recently sent a proposed agreement to be executed by both City & SCAQMD. Once fully executed the City may begin the process to request proposals for design and construction of the four projects. At this time the agreement is still being ITEM NO. City Council Staff Report September 18, 2013 -- Page 2 South Coast Air Quality Management District(SCAQMD) Agreement finalized. Upon approval by the City Attorney and the SCAQMD, the final agreement will be presented to the City Manager for execution. FISCAL IMPACT: Funding will be provided by SCAQMD up to $1,175,225. Design and Construction shall not exceed that cost. Recommended by: Approved by: David J. Barakian David H. Ready, Ci ager Director of Public Works/City Engineer Attachments: 1. Draft Agreement 02 4037 South Coast ContraclN AB 1318 `./ AB 1318 Air Quality Management District go This Contract consists of 21 pages. 1. PARTIES-The parties to this Contract are the South Coast Air Quality Management District(referred to here as"SCAQMD") whose address is 21865 Copley Drive, Diamond Bar, California 917654178, and the City of Palm Springs (referred to here as "CONTRACTOR") whose address is 3200 East Tahquitz Canyon Way, Palm Springs, California 92262. 2. RECITALS, A. SCAQMD 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 Califomia. SCAQMD is authorized to enter into this Contract under California Health and Safety Code Section 40489. SCAQMD desires to contract with CONTRACTOR for services described in Attachment 1 - Statement of Work, attached here and made a part here by this reference. CONTRACTOR warrants that it is well-qualified and has the experience to provide such services on the terms set forth here. B. In June 2011, the SCAQMD Governing Board approved the establishment of the AS 1318 Mitigation Fees Fund (Fund 58). This special revenue fund is to be used to finance emission reduction projects, pursuant to the requirements of A81318 (V.M. Perez), which was codified into law at California Health and Safety Code section 40440.14. The mitigation fees are for the transfer of emission offsets from SCAQMD's internal offset accounts to CPV Sentinel, LLC, for the construction and operation of the CPV Sentinel Energy power plant located in Desert Hot Springs. CONTRACTOR was awarded a grant to implement an emission reduction project in the Coachella Valley that will have a direct impact on the air quality and health of residents, while aiding in regional air quality goals. C. CONTRACTOR is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. D. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. E. "Equipment" as used in this Contract, means the equipment described in Attachment 1 — Statement of Work and funded in whole or in part by AS 1318 Mitigation Fees Funds, which may include; but is not limited to, vehicles, retrofit devices, fueling stations, and electrification infrastructure, as applicable. 3. PERFORMANCE REQUIREMENTS A. CONTRACTOR agrees to obtain and maintain the required licenses, permits, and all other appropriate legal authorizations from all applicable federal, state and local jurisdictions and pay all applicable fees. CONTRACTOR further agrees to immediately notify SCAQMD in wrifing of any change in its licensing status which has a material impact on the CONTRACTOR's performance under this Contract. B. CONTRACTOR shall submit reports to SCAQMD as outlined in Attachment 1 - Statement of Work. All reports shall be submitted in an environmentally friendly format: recycled paper; stapled,not bound; black and white,double-sided print; and no three-ring, spiral,or plastic binders or cardstock covers. SCAQMD reserves the right to review, comment, and request changes to any report produced as a result of this Contract. 1 03 Contract No. 14037 AB 1318 C. CONTRACTOR shall perform'all tasks set forth in Attachment 1 - Statement of Work, and shall not engage, during the term of this Contract, in any performance of work that is in direct or indirect conflict with duties and responsibilities set forth in Attachment 1 -Statement of Work. D. CONTRACTOR must ensure that the project, including the Equipment to be purchased or installed, is in compliance with all applicable federal, state, and local air quality rules and regulations, and that it will maintain compliance for the full Contract term. E. CONTRACTOR shall be responsible for exercising the degree of skill and care customarily required by accepted professional practices and procedures subject to SCAQMD's final approval which SCAQMD will not unreasonably withhold. Any costs incurred due to the failure to meet the foregoing standards, or otherwise defective services which require re-performance, as directed by SCAQMD, shall be the responsibility of CONTRACTOR. CONTRACTOR's failure to achieve the performance goals and objectives stated in Attachment 1- Statement of Work, is not a basis for requesting re-performance unless work conducted by CONTRACTOR is deemed by SCAQMD to have failed the foregoing standards of performance. F. CONTRACTOR shall require its subcontractors to abide by the requirements set forth in this Contract. 4. TERM - The term of this Contract is for four (4) years from the date of execution by both parties, unless further extended by amendment of this Contract in writing. 5. TERMINATION A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 — Statement of Work, this failure shall constitute a breach of this Contract. The non-breaching party shall notify the breaching party that it must cure this breach or provide written notification of its intention to terminate this contract. Notification shall be provided in the manner set forth in Clause 15. The non-breaching party reserves all rights under law and equity to enforce this contract and recover damages, B. SCAQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty(30) days'written notice. Once such notice has been given,CONTRACTOR shall, except as and to the extent or directed otherwise by SCAQMD, discontinue any Work being performed under this Contract and cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such Work, and shall use its best efforts to procure termination of existing subcontracts upon terms satisfactory to SCAQMD. Thereafter, CONTRACTOR shall perform only such services as may be necessary to preserve and protect any Work already in progress and to dispose of any property as requested by SCAQMD. C. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the effective date of termination under Clause 5.13. Before expiration of the thirty (30) days' written notice, CONTRACTOR shall promptly deliver to SCAQMD all copies of documents and other information and data prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of such materials, which may be retained by CONTRACTOR. 6. STOP WORK — SCAQMD may, at any time, by written notice to CONTRACTOR, require CONTRACTOR to stop all or any part of the work tasks in this Contract. A stop work order may be issued for reasons including, but not limited to, the project exceeding the budget, out of scope work, delay in project schedule,or misrepresentations. Upon receipt of the stop work order, CONTRACTOR shall immediately take all necessary steps to comply with the order. CONTRACTOR shall resume the z 04 Contract No. 14037 AB 1318 work only upon receipt of writt6n instructions from SCAQMD cancelling the stop work order. CONTRACTOR agrees and understands that CONTRACTOR will not be paid for performing work while the stop work order is in effect, unless SCAQMD agrees to do so in its written cancellation of the stop work order. 7. INSURANCE A. CONTRACTOR shall furnish evidence to SCAQMD of workers'compensation insurance for each of its employees, in accordance with either California or other states' applicable statutory requirements prior to commencement of any work on this Contract. B. CONTRACTOR shall furnish evidence to SCAQMD of general liability insurance with a limit of at least$1,000,000 per occurrence, and $2,000,000 in a general aggregate prior to commencement of any work on this Contract. SCAQMD shall be named as an additional insured on any such liability policy, and thirty (30) days written notice prior to cancellation of any such insurance shall be given by CONTRACTOR to SCAQMD. C. CONTRACTOR shall furnish evidence to SCAQMD of 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, prior to commencement of any work on this Contract. SCAQMD shall be named as an additional insured on any such liability policy, and thirty (30) days written notice prior to cancellation of any such insurance shall be given by CONTRACTOR to SCAQMD. D. CONTRACTOR shall furnish evidence to SCAQMD of Professional Liability Insurance with an aggregate limit of not less than$5,000,000. E. If CONTRACTOR fails to maintain the required insurance coverage set forth above, SCAQMD reserves the right either to purchase such additional insurance and to deduct the cost thereof from any payments owed to CONTRACTOR or terminate this Contract for breach. F. All insurance certificates should be mailed to: SCAQMD Risk Management, 21865 Copley Drive, Diamond Bar, CA 917654178. The SCAQMD Contract Number must be included on the face of the certificate. G. CONTRACTOR must provide updates on the insurance coverage throughout the term of the Contract to ensure that there is no break in coverage during the period of contract performance. Failure to provide evidence of current coverage shall be grounds for termination for breach of Contract. 8, INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend and indemnify SCAQMD, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, costs, lawsuits, claims, demands, causes of action judgments, attorney's fees, or any other expenses arising from or related to any third party claim against SCAQMD, its officers, employees, agents, representatives, or successors in interest that arise or result in whole or in part, from any actual or alleged act or omission of CONTRACTOR, its employees, subcontractors, agents or representatives in the performance of this Contract. 9. ON-SITE INSPECTIONS AND AUDIT- SCAQMD, or its designee(s), shall have the right to conduct on-site inspections of the project and to audit records related to this project during the term of the Contract and for a period of three years thereafter, unless SCAQMD notifies CONTRACTOR that a longer period of record retention is necessary. Upon written request from SCAQMD, CONTRACTOR shall provide detailed documentation of all expenses incurred on the project, at any time throughout 3 05 Contract No, 14037 AB 1318 the records retention period. CONTRACTOR agrees to include a similar right for SCAQMD to conduct on-site inspections and audits in any subcontract. 10. RECORDS AND RECORDS RETENTION — CONTRACTOR shall maintain records related to this project and retain these records for at least three years beyond the Contract term. 11. REPORTING REQUIREMENTS-CONTRACTOR shall submit reports in accordance with Attachment 1, attached here and incorporated herein by reference. Non-compliance with the reporting requirements of this Contract may result in the implementation of on-site monitoring by the SCAQMD. 12, PAYMENT A. SCAQMD shall reimburse CONTRACTOR up to a total amount of One Million One Hundred Seventy Five Thousand Two Hundred Twenty Five Dollars ($1,175,225) in accordance with Attachment 2 — Payment Schedule, expressly incorporated herein by this reference and made a part hereof of this Contract. B. In no event shall the reimbursement for the total of all project costs, including all subcontractor costs, administrative costs, and other direct and indirect costs, exceed One Million One Hundred Seventy Five Thousand Two Hundred Twenty Five Dollars ($1,175,225). In addition, if the actual costs are less than this amount, SCAQMD's total reimbursement commitment will be limited to that of the actual documented costs of the project, unless CONTRACTOR provides, at least 30 days prior to the termination date of this Contract, a request to expand the scope of the project up to the not-to-exceed reimbursement level. If the request is approved by the SCAQMD Executive Officer or his designee, the parties shall enter into an amendment to this Contract. However, no work within the expanded scope of the project shall be done prior to execution of the amendment. C. Any funds not expended upon early contract termination or contract completion shall revert back to the AB Mitigation Fees 1318 Fund. Payment of charges shall be made by SCAQMD to CONTRACTOR within thirty (30)days after approval by SCAQMD of an itemized invoice prepared and furnished by CONTRACTOR, referencing the task completed or a percent of work accomplished and detailing line item expenditures as listed in Attachment 2 - Payment Schedule, and the amount of charge claimed. D. An invoice submitted to SCAQMD for payment must be prepared in duplicate, on company letterhead, and list SCAQMD'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 917654178 Attn:Michelle White, Technology Advancement E. SCAQMD's payment of invoices shall be subject to the following limitations and requirements: 1. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other charges, as applicable, must be itemized by CONTRACTOR. Reimbursement for equipment, material, supplies, subcontractors, and other charges shall be made at actual cost. Supporting documentation must be provided for all,individual charges (with the exception of direct labor charges provided by CONTRACTOR). 4 r f Contract No. 14037 AB 1318 2. CONTRACTOR'S faildre to provide receipts shall be grounds for SCAQMD's non- reimbursement of such charges. SCAQMD may reduce payments on invoices by those charges for which receipts were not provided. F. SCAQMD shall pay CONTRACTOR for travel-related expenses only if such travel is expressly set forth in Attachment 2 - Payment Schedule of this Contract or pre-authorized by SCAQMD in writing. CONTRACTOR must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 13. SECURITY INTEREST - CONTRACTOR hereby grants SCAQMD a security interest in any and all Equipment, including vehicles purchased in whole or in part with funding provided by SCAQMD pursuant to this Contract. CONTRACTOR acknowledges and agrees that SCAQMD 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 SCAQMD shall have lien rights in effect until the CONTRACTOR satisfies all terms under the Contract, including but not limited to, the use and reporting requirements. Accordingly, CONTRACTOR further agrees that SCAQMD 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 SCAQMD within 10 business days of such filing. 14. INTELLECTUAL PROPERTY RIGHTS - Title and full ownership rights to any documents, or reports developed under this Contract shall at all times remain with SCAQMD. Such material is agreed to be SCAQMD proprietary information. A. Rights of Technical Data-SCAQMD shall have the unlimited right to use technical data, including material designated as a trade secret, resulting from the performance of services by CONTRACTOR under this Contract. CONTRACTOR shall have the right to use technical data for its own benefit. B. Copyright - CONTRACTOR agrees to grant SCAQMD a royalty-free, nonexclusive, irrevocable license to produce, translate, publish, use, and dispose of all copyrightable material first produced or composed in the performance of this Contract. 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 wrifing for notices by either party to the other. Notice shall be given by certified,express, or registered mail, return receipt requested,or by electronic mail and shall be effective as of the date of receipt. For notices given by electronic mail, the same notice shall be sent within five (5) days by certified, express,or registered mail, return receipt requested. SCAQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 917664178 Attn:Patricia Kwon, pkwon agmd.gov CONTRACTOR: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn:David Barakian, Dave.Barakian(dpalmsorings-ca.gov s 07 Contract No. 14e37 AB 1318 16. INDEPENDENT CONTRACTOR'CONTRACTOR is an independent contractor. CONTRACTOR, its officers, employees, agents, representatives, or subcontractors shall in no sense be considered employees or agents of SCAQMD, nor shall CONTRACTOR, its officers, employees, agents, representatives, or subcontractors be entitled to or eligible to participate in any benefits, privileges, or Mans,given or extended by SCAQMD to its employees. SCAQMD will not supervise, direct,or have control over, or be responsible for, CONTRACTOR's or subcontractor's means,methods,techniques, work sequences or procedures or for the safety precautions and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or rules or regulations, including state minimum wage laws and OSHA requirements. CONTRACTOR shall promptly notify SCAQMD of any material changes to subcontracts that affect the Contract's scope of work,deliverable schedule,and/or payment/cost schedule. 17. USE OF SCAQMD NAME-CONTRACTOR shall not use any name, trade name, trademark, logo, or other designation of the SCAQMD (including contraction, abbreviation or simulation) in advertising, publicity, promotional, or any other activities or context without the express written consent of the SCAQMD in each case. 18. MEDIA/PUBLICATION A. The parties shall work cooperatively on any communications to the media, including press statements and press conferences related to this Contract. The Parties agree that announcements, news releases and other communication materials describing the project shall acknowledge "The project was made possible by a grant from the South Coast Air Quality Management District AB 1318 Mitigation Fees Fund to reduce or mitigate emissions within Coachella Valley." B. Information, data, documents, or reports developed by CONTRACTOR for SCAQMD, pursuant to this Contract, shall be part of SCAQMD public record unless otherwise indicated. Upon written approval of SCAQMD, CONTRACTOR may use or publish, at its own expense, such information, data,documents,or reports provided to SCAQMD. The following acknowledgment of support and disclaimer must appear in each publication of materials, whether copyrighted or not, based upon or developed under this Contract. "This report was prepared as a result of work paid for, in whole or in part, by a grant from the South Coast Air Quality Management District (SCAQMD). The opinions, findings, conclusions, and recommendations are those of the author and do not necessarily represent the views of SCAQMD. SCAQMD, its officers, employees, contractors, and subcontractors make no warranty, expressed or implied, and assume no legal liability for the information in this report. SCAQMD has not approved or disapproved this report, nor has SCAQMD passed upon the accuracy or adequacy of the information contained herein." C. CONTRACTOR shall inform its officers, employees, and subcontractors involved in the performance of this Contract of the restrictions contained herein and require compliance with the above. 19. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion,demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical or mental disability and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900 et 6 08 Contract No. 14037 AB 1318 seq.), the Federal Civil Rights Act df 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. 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 - The failure of CONTRACTOR or SCAQMD 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 is filed in connection with the enforcement or interpretation of this Contract, each party shall bear its own attorneys'fees and costs. 23. FORCE MAJEURE-Neither SCAQMD 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 SCAQMD 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 disputes under this Contract shall be Los Angeles County, California. 28. PRE-CONTRACT COSTS -Any costs incurred by CONTRACTOR prior to CONTRACTOR receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, the SCAQMD shall not be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 7 09 Contract No. 14037 AB 1318 29. CITIZENSHIP AND ALIEN STATUS A. CONTRACTOR warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). CONTRACTOR shall obtain from all covered employees performing services hereunder all verification and other documentation of employees'eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. CONTRACTOR shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. Notwithstanding the above, CONTRACTOR, in the performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b. B. CONTRACTOR shall retain such documentation for all covered employees for the period described by law. CONTRACTOR shall indemnify, defend, and hold harmless SCAQMD, its officers and employees from employer sanctions and other liability which may be assessed against CONTRACTOR or SCAQMD, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. 30. PREVAILING WAGES — CONTRACTOR is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the SCAQMD'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 Califomia 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. 31. SUBCONTRACTOR APPROVAL — If CONTRACTOR intends to subcontract all or a portion of the work under this Contract, then CONTRACTOR must first obtain written approval from SCAQMD's Executive Officer or designee prior to subcontracting any work. Any material changes to the subcontract(s)that affect the scope of work, deliverable schedule, and/or payment1cost schedule shall also require the prior written approval of the Executive Officer or designee. No subcontract charges will be reimbursed unless the required approvals have been obtained from SCAQMD. 32. TAX IMPLICATIONS FROM RECEIPT OF AB 1318 FUNDS—CONTRACTOR is advised to consult a tax attorney regarding potential tax implications from receipt of AB 1318 funds. 33. DISCLAIMER OF WARRANTY — The decision to participate in this project and to purchase Equipment is CONTRACTOR's decision. SCAQMD does not make any express or implied warranty of merchantability,fitness for a particular purpose or otherwise, quality or usefulness Contract No. 14037 AB 1313 of the technology or Equipment SCAQMD will not be financially responsible or otherwise liable for the installation or performance of the Equipment. 34. ENTIRE CONTRACT-This Contract shall include Attachments 1, 2 and 3 hereto and represents the entire agreement between the parties hereto related to CONTRACTOR providing services to SCAQMD 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. IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF PALM SPRINGS BY By: Barry R.Wallerstein,D.Env.,Execufive Officer Name: Title: Date: Date: APPROVED AS TO FORM: Kurt R.Wiese,General Counsel By, WC s? //A81318 80#erplate Revised-ApnY 18,2013 9 11 ATTACHMENT STATEMENT OF WORK FOR CITY OF PALM SPRINGS Installation of Solar Photovoltaic Roof and Parking Canopy Systems CONTRACTOR shall design, install, and commission multiple solar photovoltaic roof mounted and parking canopy systems at four sites for the City of Palm Springs ("CPS") ("Project") located at the following ("Sites"): (P1) Palm Springs Visitor Center, 2901 North Palm Canyon Drive, Palm Springs (P2) Palm Springs Fire Station #3, 590 East Racquet Club, Palm Springs (P3) Palm Springs Train Station, 63950 Palm Springs Station Road, Palm Springs (P4) James O. Jessie Desert Highland Unity Center,480 Tramview Road, Palm Springs The preliminary design.of the Project indicates there will be four solar system installations for a total of 168.06 kilowatt-dc (kW-DC). There is an annual potential incentive pay back to SCAQMD, pending available funds with the California Public Utilities Commission (CPUC) California Solar Initiative (CSI) Rebate program. CONTRACTOR shall fumish the labor, equipment, material, and services required to complete all design, engineering, permitting, construction, testing, commissioning, and interconnection of the Project as provided by the awarded bid layout and design drawings. CONTRACTOR agrees to perform the following tasks: Task 1 —Bid Advertisement and Award 1.1 CONTRACTOR shall follow the CPS's standard practice forbidding and awarding a municipal public works project. CONTRACTOR shall include this Statement of Work (SOW) in the RFP and pass SOW provisions to the subcontractor selected. This process includes complying with California public work contract codes and construction laws to compile bid packages, issue an RFP for design services, assess construction bids and verify bonds, select the lowest cost bid, and award a contract. CONTRACTOR shall deliver a copy of the RFP prior to its release to SCAQMD. 1.2 CONTRACTOR shall ensure that each Bid application shall list itemized costs of each bid item for the overall construction of the Project. CONTRACTOR shall provide SCAQMD with a copy of their recommendation, the Bid application to be awarded, a summary of bids received, and a copy of all proposals. CONTRACTOR shall consult with SCAQMD as needed during the proposal evaluation process. 1.3 CONTRACTOR shall deliver a copy of the fully executed construction contract between.CONTRACTOR and the selected bid award to SCAQMD. 1.4 SCAQMD shall, at its discretion, incorporate the awarded bid's layout, construction schedule and/or costs into this Contract upon written notice to CONTRACTOR. Email notice is sufficient for this purpose. SCAQMD reserves the right to review and/or reject any cost that fall outside the scope of this Contract. 1 Task 2 — PV System 2.1 CONTRACTOR shall install the solar systems identified in the original proposal, dated June 6, 2012, submitted in response to RFP#P2012-17. Solar system designs are to be sized to historic electric use for each site. Finalized system components and specifications shall be based on awarded bid. The solar systems to be installed are described below for each Site: Total System Existing Usage: 252,760 kWh Annual (2011) PV Module: Pending Proposal Selection Inverter. Pending Proposal Selection Inverter Efficiency: 95% or greater P1 Canopy System 62,320 kWh (2011 Annual Usage) t40-space parking lot P2 Rooftop System 65,998 kWh (2011 Annual Usage) 6,254 square feet single story flat-roof P3 Canopy System 39,122 kWh (2011 Annual Usage) t40-space parking t6-oversized space parking P4 Rooftop System 85,320 kWh (2011 Annual Usage) 12,844 square feet complex 2.2 CONTRACTOR shall obtain SCAQMD written approval of any changes to the modules, inverters or other components specked in the original proposal. 2.3 CONTRACTOR shall use all new components (photovoltaic panels and inverters) and these components must not have been previously placed in service in any other location or for any other application. Rebuilt, refurbished, or relocated equipment are not approved under this Contract. 2.4 CONTRACTOR shall use photovoltaic equipment and components that are certified by the California Energy Commission. 2.5 CONTRACTOR shall use photovoltaic modules and inverters that are UL-certified, and, at minimum, certified to IEC 61215 standard (for crystalline modules) and IEC 61646 standard (for thin film). 2.6 CONTRACTOR shall provide SCAQMD complete results of any tests conducted on the proposed photovoltaic panels by an independent, certified photovoltaic testing laboratory, including but not limited to PID tests, durability tests, temperature sensitivity tests, comparison to other photovoltaic modules, etc. 2.7 CONTRACTOR shall comply with the CPUC CSI Rebate program guidelines for the Project; including, but not limited to: 12-month minimum usage, design factors, generation limits, energy audits, 10-year system warranty, net energy metering, grid interconnection, monitoring, inspections, maintenance, participation in CPUC CSI Rebate program, project milestones, etc. 2 13 Task 3 —Design & Engineering 3.1 CONTRACTOR shall collect the necessary site information to complete the design and engineering of each solar system_ 3.2 CONTRACTOR shall develop detailed design drawings to provide a turnkey installation of each solar system at the four separate sites. CONTRACTOR shall use a licensed engineer to prepare the drawings. 3.3 CONTACTOR shall schedule a licensed structural engineer to perform the necessary calculations and analysis to ensure the solar canopy and rooftop areas are capable of handling each solar system. 3.4 CONTRACTOR shall ensure the design and engineering of the Project is compliant With all applicable building and electrical codes. 3.5 CONTRACTOR shall develop a detailed schedule for engineering, acquisition of components, construction, installation and periodic monitoring, and submit this schedule to SCAQMD prior to construction. Task 4—Permits/Aaurovals 4.1 CONTRACTOR shall obtain all necessary permits/approvals for each solar system at the four separate site locations. 4.2 CONTRACTOR shall produce the necessary drawings and specifications to obtain building permits from the City of Palm Springs. For each site, the drawing package shall include a module layout diagram, module mounting system diagram, single-line electrical diagram, specification sheets for the module, inverter, and mounting system, and any other supporting documentation required to obtain the building permit. 4.3 CONTRACTOR shall provide SCAQMD with a copy of all permits/approvals for each site prior to construction. 4.4 In the event such permission or a permit is not forthcoming, CONTRACTOR shall design an alternative, but equivalent solar electric system at no additional cost to SCAQMD. SCAQMD reserves the right to terminate or renegotiate SCAQMD's participation in the project if the altemative systems are materially different from the systems proposed in CONTRACTOR's original winning proposal or if the alternative systems fail to receive the CSI rebate. 4.5 CONTRACTOR shall submit the required forms and documents to initiate the application process for the CSI rebate for each site location. Task 5 —Southern California Edison (SCE) Utility Interconnection 5.1 CONTRACTOR, with CPS's written approval, shall select the interconnection point for back-feeding the power from each solar system to the building's electrical panel or sub-panel. 5.2 CONTRACTOR shall submit an interconnection and net metering application to SCE utility for each solar system. 5.3 CONTRACTOR shall acquire approval from the CPS as well as SCE for final interconnection. 3 14 5.4 CONTRACTOR shall electrically integrate each solar system to the building and SCE grid using the CPUC Rule 21 interconnection guidelines. Task 6 —CPUC CSI Rebate Program 6.1 CONTRACTOR shall apply to the CPUC for a rebate under its CSI Rebate program for each solar system installed and shall bear all costs, including the payment of any application fees required to obtain the CSI rebate. 6.2 CONTRACTOR shall provide copies of completed application forms to SCAQMD's Project Officer prior to submittal to SCE. 6.3 CONTRACTOR must provide SCAQMD's Project Officer with a copy of the Confirmed Reservation Notice Letter issued by SCE, for each site location, prior to construction. 6.4 CONTRACTOR shall ensure that each solar system installed by the awarded bid is purchased, installed and put into operation by the Reservation Expiration Date identified in the Confirmed Reservation Notice Letter. 6.5 CONTRACTOR disclaims any interest in rebates from the CSI Rebate program and complies with all other requirements imposed by the CPUC for obtaining rebates under the CSI Rebate program. CONTRACTOR shall ensure that all incentive payments are paid directly to SCAQMD. Task 7 —Installation 7.1 CONTRACTOR is entirely responsible for the turnkey design, engineering, purchase of equipment, and installation of each solar system. 72 CONTRACTOR shall install each solar system in accordance with the awarded bid. All bid items shall be subject to costs listed in the awarded bid, and subject to the not to exceed amount of this Contract. Changes to cost and scheduling are subject to Clause 31 of this Contract. 7.3 CONTRACTOR shall install each solar system in accordance with all applicable building and electrical codes, and safety standards. 7.4 CONTRACTOR shall acquire equipment based on the engineering specifications developed and approved under Task 3 and 4. 7.5 CONTRACTOR shall comply with all interconnection and metering requirements of SCE. CONTRACTOR shall follow guidelines set forth by the CPUC CSI Rebate program for solar system, monitoring, interconnection, warranties and maintenance. 7.6 CONTRACTOR shall secure all permits, install each solar system in accordance with approved plans and permits, submit the interconnection application to utility provider, obtain final approval to interconnect each solar system to the power grid, secure final sign off and commission the system upon receipt of utility interconnect authorization. 7.7 CONTRACTOR shall ensure that each meter and performance monitoring system meets the requirements of the CPUC CSI Rebate program. 7.8 CONTRACTOR shall provide SCAQMD with a copy of the final interconnection agreement and authorization for each site. 4 15 7.9 CONTRACTOR shall provide SCAQMD full access to the Sites and shall, upon request, escort SCAQMD to review on-site work in progress. Task 8—System Start-Up 8.1 If any equipment or component of the solar systems; including, but not limited to: the solar panels, inverter, solar mounting system; is found to be defective before or during start-up, CONTRACTOR is responsible for replacing the defective component(s) at no cost to the SCAQMD. 8.2 CONTRACTOR shall arrange for inspections for permit purposes, interconnection and any other approval needed prior to or during construction. 8.3 CONTRACTOR shall develop a manual(s) for operation, maintenance and training, and provide these to each site's maintenance staff. 8.4 Within 20 days of startup and acceptance testing, CONTRACTOR shall provide training to designated CPS employees in all aspects of routine operation, maintenance and safety of the solar and monitoring systems. 8.5 CONTRACTOR shall deliver 3 sets of"As-Built" design and engineering drawings, for each site, within three months of start up and acceptance testing, both in hard copy and in electronic CAD format. Task 9—Performance Monitoring 9.1 CONTRACTOR shall ensure each solar system is metered in compliance with the CPUC CSI Rebate program requirements. 9.2 CONTRACTOR shall install a performance monitoring system that will allow real-time monitoring for each solar system for the life of the Project. Monitoring systems shall track the weather conditions (temperature, wind, irradiance, etc.) and measure the kilowatts and kilowatt-hours by the hour, day, month and year. CONTRACTOR shall ensure the data is displayed on a website interface and viewable on this website at any time for the life of the project. SCAQMD shall have the ability to download the data from the website at any time. 9.3 The Performance Monitoring and Reporting Service shall be listed with the California Energy Commission and meet the requirements of the CPUC CSI Rebate program. 9.4 CONTRACTOR shall provide validation criteria to assess the performance of the solar systems, once installed. CONTRACTOR shall provide validation criteria for individual panels, strings, combiner box outputs and the inverter. Such criteria shall be based on manufacturer specifications, PV USA Test Conditions and shall account for module temperature and irradiance in order to allow the SCAQMD to make the most accurate assessment possible regarding the health of each solar system including components and subsystems. The validation criteria shall be provided to the SCAQMD. Task 10—Warranties All warranty periods shall start from the date CPS accepts each turnkey solar system. 5 16 10.1 CONTRACTOR shall provide a 10-year System warranty, to provide for no-cost repair and replacement of the solar systems for any expenses not otherwise covered by the manufacturer; including all labor and workmanship per the CSI guidelines. 10.2 CONTRACTOR shall provide a 25-year manufacturer warranty on the solar modules. 10.3 CONTRACTOR shall provide a 20-year manufacturer warranty on the inverter. 10.4 CONTRACTOR shall provide a 10-year warranty on any roof or building penetrations. 10.5 CONTRACTOR shall provide SCAQMD with a.copy of the installation and product (photovoltaic modules and inverter) warranties prior to installation. The warranties shall protect the SCAQMD against defective workmanship, system or component breakdown, and degradation in electrical output, of no more than 15%, from the original rated electrical output of each system over the 10 year warranty period. 10.6 CONTRACTOR guarantees that the total PV output of each solar system over the first 10 years of operation will yield at least 1550 kWh per AC-kW installed, measured as 3 year averaging. This guarantee assumes that the CONTRACTOR will clean the modules at least once every six months to prevent dust and debris from accumulating on the modules. If after the 10-year period, the energy production is less than the guaranteed amount, CONTRACTOR will add a corresponding number of solar modules at its own cost to make up for the differential. This guarantee period would start from the date CPS accepts each turnkey solar system. Bi-annual module cleaning status shall be included in the Progress Update report for each site. 10.7 This contract has a survivability clause, wherein the tasks described in Task 10 will survive the contract expiration date. Task 11 —Service and Maintenance 11.1 CONTRACTOR shall be responsible for the service and maintenance of each turnkey solar system installed under this Contract for the first 10 years of system operation. 11.2 CONTRACTOR shall perform periodic inspections of each solar system over the 10 year period to ensure that each solar system is operating according to specifications and meeting the minimum electricity production specked for the first 10 years in subtask 10.6. Periodic inspection results shall be included in the Progress Update Report for each Site. 11.3 CONTRACTOR shall provide SCAQMD with the following: a) Manufacturer specifications for each solar system (photovoltaic modules and inverter), b) Manufacturer's recommended operation, maintenance and safety procedures, and c) Maintenance contact names and phone numbers. 6 17 DELIVERABLES, INCLUDING REPORTING & FORMATTING REQUIREMENTS In addition to the deliverables set forth in the above-referenced statement of work, CONTRACTOR shall supply the following reports to the SCAQMD under this Contract for each site location in a combined report. SCAQMD reserves the right to change the formatting of annual or monthly reports at any time. 1. Monthly progress report due by the 10th day of each month following the reporting period. CONTRACTOR shall email a progress report to SCAQMD's Project Officer. Each progress report shall include, but not be limited to, the following: a. Reference to SCAQMD contract number and title of project b. Reporting time period (month, year) C. Executive Summary d. Project Design Status (if applicable) e. Monthly Pay Applications for the reporting period f. Project and/or Contract Risk Assessment g. Current Key Issues h. Latent Conditions Register i. Construction • Issues • Key Activities • Contractual Status • Schedule Updates j. Turnover and Completion Status k. Bi-annual cleaning and periodic system inspection I. Progress Photographs M. Comments by CPS's Project officer acknowledging the progress of the project 2. CONTRACTOR shall email draft final report for review, comment, and approval by SCAQMD no later than after 2 years of operation. CONTRACTOR shall email the draft final report to SCAQMD's Project Officer and SCAQMD's Contract Administrator- Technology Advancement. This document shall be considered in the public domain, in conformance with the California Public Records Act(Government Code Section 6250 et seq.). Any trade secret information may be submitted to SCAQMD in a separate report in which the trade secret information is specifically identified. SCAQMD agrees to treat such trade secret information in accordance with its Public Records Act guidelines relating to trade secret information. SCAQMD shall complete its review of the draft final report within six to eight weeks of its receipt from CONTRACTOR. The draft final report shall include information collected for each site location, but not be limited to, the following: a. Reference to SCAQMD contract number and title of project b. Project background and objectives c. Executive summary up to three pages in length to include a short, definitive statement of the project; objective of the project, including emission control 7 18 objectives or goals and reference to SCAQMD Rules if applicable; subject of the project including the technology demonstration site, participants, dates, etc.; conclusions (potential emissions impact, cost implications, and other factors); recommendations (design changes/optimization, other applications of the technology, and commercialization paths); and acknowledgment of all project sponsors. d. Detailed description of the scope of work e. Findings or results of each task f. Detailed discussion on the performance of the solar panels, inverter and issues related to the solar mount systems. Include operational data. g. Summary of all system testing, diagnoses, and repairs I. Color photographs in a digital format, such as .ppt, .tif, .jpg on a CD or sent electronically, of the solar systems as installed. j. Results- a discussion of the expected project results versus what was actually achieved k. Costs - a comparison and discussion of expected versus actual SCAQMD contract costs I. Problems - a discussion of significant problems encountered during the contract and how they were resolved M. Recommendations 3. CONTRACTOR shall email final report, incorporating SCAQMD's comments, no later than 3 months after the draft final report. This document shall be considered in the public domain, in conformance with the California Public Records Act(Government Code Section 6250 et seq.). Any trade secret information may be submitted to SCAQMD in a separate report in which the trade secret information is specifically identified. SCAQMD agrees to treat trade secret information in accordance with its Public Records Act guidelines relating to trade secret information. 4. CONTRACTOR shall email a 2-page project synopsis, along with the final report. Attachment 3 to this contract provides the format and content to be used for this synopsis. SCAQMD reserves the right to change the formatting of annual or monthly reports at any time. In addition to a hard copy, CONTRACTOR shall provide the synopsis in an electronic version, using Microsoft WORD. All color photographs and images shall be embedded within the synopsis AND provided separately in digital format, such as .ppt, .tif. or .jpg, on a CD or sent electronically. 8 19 ATTACHMENT PAYMENT SCHEDULE FOR CITY OF PALM SPRINGS Installation of Solar Photovoltaic Roof and Parking Canopy Systems The cost of the entire project is estimated to be $1,175,225. There is an annual potential incentive pay back to SCAQMD, pending available funds with the CPUC CSI Rebate program, as described in Tasks 2.7 and 6 of the Statement of Work. CONTRACTOR shall be reimbursed by SCAQMD upon submittal of an itemized invoice(s) for the purchase, installation and operation of the solar systems and data monitoring systems. The invoice(s) must be accompanied by the supporting documentation specified below, and the monthly progress report(s) listed under"Deliverables". The following information is required prior to SCAQMD's final payment for the Project: • All documents identified in Task 4, including a copy of the building permit and final inspection sign-off, and commissioning report; • First monthly incentive payment under the CSI rebate program; • An itemized invoice to SCAQMD, including a cost breakdown for all equipment, materials, labor and sales tax; and • Cover letter from CPS confirming the delivery, installation and start of operation of the solar systems described in this Statement of Work. This letter, on CPS letterhead, must be signed under penalty of perjury, by the CPS senior official, with authorization to sign, affirming the above. Maximum Not-to-Exceed Amount to Be Reimbursed: Project Milestone Expected Completion SCAQMD Funding Not To Exceed Site P1 #1 - Permit Approved 10/25/2013 $14,304 #2-Structural Pier Foundations &/or Rooftop mounting structure 11/25/2013 $14,304 #3 -Canopy Structural Steel Erected & PV Modules Installed 1/12/2014 $199,280 #4 - Inverters Installed 2/8/2014 $42,481 #5 -SCE Interconnection Agreement 3/20/2014 $7,273 #6 -Commissioning of solar system &first CPUC CSI Rebate payment 6/15/2014 $7,273 Subtotal—P1 $284,915 Site P2 #1 - Permit Approved 1 0/2 512 0 1 3 $15,647 #2 -Structural Pier Foundations &/or Rooftop mounting structure 11/25/2013 $15,647 #3 -Canopy Structural Steel Erected& PV Modules Installed 1/12/2014 $218,602 #4- Inverters Installed 2/8/2014 $46,472 9 20 #5 - SCE Interconnection Agreement 3/20/2014 $7,956 #6 - Commissioning of solar system &first CPUC CSI Rebate payment 6/15/2014 $7,956 Subtotal—P2 $311,680 Site P3 #1 - Permit Approved 10/25/2013 $9,557 #2 - Structural Pier Foundations &/or Rooftop mounting structure 11/25/2013 $9,557 #3 - Canopy Structural Steel Erected & PV Modules Installed 1/12/2014 $133,150 #4 - Inverters Installed 2/8/2014. $28,383 #5 - SCE Interconnection Agreement 3/20/2014 $4,859 #6 - Commissioning of solar system &first CPUC CSI Rebate payment 6/15/2014 $4,859 Subtotal—P3 $190,365 Site P4 #1 - Permit Approved 10/25/2013 $19,492 #2 - Structural Pier Foundations &/or Rooftop mounting structure 11/25/2013 $19,492 #3 - Canopy Structural Steel Erected & PV Modules Installed 1/12/2014 $271,569 #4 - Inverters Installed 2/8/2014 $57,890 #5- SCE Interconnection Agreement 3/20/2014 $9,911 #6 - Commissioning of solar system & first CPUC CSI Rebate payment 6/15/2014 $9,911 Subtotal—P4 $388,265 TOTAL CONTRACT NOT TO EXCEED AMOUNT $1,175,225 10 21 ATTACHMENT 3 Monthly Progress Report and 2-Page Project Synopsis Templates AB1318 Mitigation Fees Fund Monthly Project Report [Name of Project] [Contractor], [Contract #] [Month] [Year] ■ Summary of Project Status (brief paragraph) • Progress towards specific tasks and/or deliverables • Deviations from plan Technical specifications of panels and inverters,warranties on parts and system, O&M of the installations [provide info or update as needed] • Major issues and Solutions • Funds Expended either from AB1318 fund or in-kind funds by task and/or deliverables • Proposed Performance or Emission Reduction Reductions including solar power generation(kWh per year), emission reductions for carbon dioxide, methane, and NO., annual savings in electricity costs,job creation impacts [provide info or update as needed] 22 ATTACHMENT 3 Monthly Progress Report and 2-Page Project Synopsis Templates SCAQW Contract N Date of Publication(as month year) Project Title the development/testing/delivery of hardware(if Contractor applicable). If the project was terminated or ended prematurely you still need to file this report. Prime contractor and significant subcontractors. Regardless of how it ended,per SB 199 you must describe any unanticipated problems that were Cosponsors encountered during the project,and how they were List cosponsors from highest (or were not)resolved. If`fatal"problems were contributor to lowest_ encountered,this section will be the heart of the report,since it would be unlikely that major Project Officer benefits or emissions reductions were realized in a SCAQMD project manager name. terminated project. Picture oftechnology that has been supported Background with SCAQMD/TechnologyAdvancement This section is a brief introduction describing the cosponsorship, if applicable. The picture, need for the technology and/or clean fuel,as preferably a photograph,should clearly illustrate defined by rules and regulations/mandates of the technology. The sue of the image should be SCAQMD,ARB,EPA,DOE,etc. If applicable, about 3z3 to fit this two column format The describe other relevant factors,such as economic pure of the technology should be positioned on issues,energy savings,etc, I the front page Project Objective Results This section should briefly describe the project This section summarizes all available emissions objectives as originally stated in the Board(or results and key performance characteristics. EO)letter. If the objective evolved significantly Performance is meant in the broadest terms, during the contracting procedure,it should be including(as applicable)emissions,energy noted how and why. efficiency,operation and maintenance requirements,overall environmental impacts,and performance tradeoffs. The primary emphasis of Technology Description this section is the presentation of project data. This section describes the general principles of performance results should be summarized using operation and emissions control approach of the clear,graphical depictions whenever possible: technology and/or clean fuel involved in the project. • Graph or table summarizing key performance If applicable,discuss how the principle of characteristics. Graphs are preferred over tables operation differs from other,currently available whenpossible. Graphical datapresemed should equipment. This includes describing what the show the most representative data of the "advancement"actually is over currently available project's/technology's performance. One graph technologies. would be preferred, but no more than two data presentations in this document. Status Measured performance is to be compared with the objectives/goals set for the project. Comparisons . This section describes the status or progress of the should focus on targeted emissions reductions project If the project was completed,provide the and/or other key performance goals(e.g.range for date of completion and note that the final report is electric vehicles). on file with emmplete technical details of the project. Describe major project events,such as 23 ' There should also be a brief discussion of primary market,and if there is another market performance tradeoffs. That is,did achieving one segment or application that could use the performance characteristic goal,such as technology. Discussion of the commercial status emissions, compromise another performance of the technology should address questions such characteristic,such as efficiency, as: (1)how close to a commercial product is it; (2)what work remains to bring it to market;(3) when could it be made commercially available and Benefits competitive;and(4)what barriers remain before This section crystallizes the above-noted the technology can be commercialized. performance characteristics into project benefits, e.g.,reduced emissions,increased efficiency, reduced global warming gases,or other environmental benefits. The potential emissions inventory impact of this technology applied in the South Coast Air Basin must be estimated based on performance results of this project and some estimate of market penetration(concisely state assumptions). It clearly describes how those actual benefits compare with the benefits that were anticipated at the project's start Be as detailed as possible, including discussion of overall environmental impacts and benefits. Address the question of whether the technology may reduce an air pollutaut while improving(or worsening) problems with water pollution,solid waste,global warming,toxic emissions,etc. Project Costs This brief section describes the actual costs of the program(SCAQMD's funding contribution as well as the overall cost sharing)and how they compare with the originally projected costs of the project as stated in the Board(or EO)letter. Cost information can be presented graphically,in a table,or in paragraph form. This section does not address cost effectiveness or cost of commercialization. Commercialization and Applications This section describes the anticipated or potential applications of the demonstrated technology and/or clean fuel. If applicable,discuss follow on projects to further improve the technology. If available or applicable,discuss expected costs of control and cost-effectiveness in the context of currently available technologies. Cost data should be noted as estimates or projections,especially since TA projects are often"first of a kind." Prospects for commercialization should include a discussion of the potential size of the target or 24