AC TRANSIT DISTRICT REQUEST FOR QUALIFICATIONS/ … · 2010-09-27 · 8.13 Failure Reporting Analysis and Corrective Action (FRACA) 119-120 8.14 Corrective Actions 120 8.15 Preventative

AC TRANSIT DISTRICT REQUEST FOR QUALIFICATIONS/PURCHASING DEPARTMENT PROPOSAL No. 2002-794

ENGINEERING, DESIGN, AND CONSTRUCTION PROJECT MANAGEMENTHYDROGEN REFUELING FACILITY AND MODIFICATION

OF MAINTENANCE FACILITIES

NOTICE AND INVITATION

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March 12, 2003

The Alameda-Contra Costa Transit District (“AC Transit” or “District”) is seekingstatements of qualification and proposals from engineering design /construction projectmanagement firms to provide engineering design and construction project managementservices for a proposed hydrogen refueling facility and modification of maintenancefacilities.

Qualification/Proposal packages will be available on or after March 12, 2003. Proposalswill be received until the close of business on April 30, 2003.

This project shall include the furnishing of all labor, materials, and services as set forthin the Performance Specifications section of the Request for Qualifications/Proposal(RFQ/RFP). Copies of the RFQ/RFP documents may be obtained from the District’sPurchasing and Materials Management Department located at:

10626 International BlvdOakland, CA. 94603Attn: Frank E. BartziContract Specialist

Proposers requesting that RFQ/RFP packages be sent via express mail service shallprovide their in-house account number for the carrier of their choice to enable theDistrict to comply with the request.

Submittals shall be in accordance with the requirements set forth in the RFQ/RFPdocuments. Submission of a Proposal shall constitute a firm offer to the District.Proposals shall be valid for a period of one hundred twenty (120) days from the closingdate stated above.



OF MAINTENANCE FACILITIESSECTION 1

INFORMATION FOR PROPOSERS

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SECTION 1 INFORMATION FOR PROPOSERS

Clause No. Page No.

1.1 Introduction 10

1.2 Coordination of Contract Documents 11

1.3. Performance Specifications 11

1.4 Questions and / or Clarifications 11-12

1.5 Pre-Proposal Conference 12

1.6 RFQ/RFP Due Date 12-13

1.7 Format and Contents Response to RFQ/RFP 13-14

1.8 Format and Contents of Statement of Qualifications 14-16

1.9 Format and Contents of Technical Proposal 16-17

1.10 Cost Proposal 17-18

1.11 Protest Procedures 18

1.12 Consultant/Construction Project Manager Selection 19

1.13. Qualification Evaluation 19-20

1.14 District Project Managers 20

1.15 Design/Build Restrictions 20

1.16 Organizational Conflict of Interest 20

1.17 Designation of Subcontractors 21





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SECTION 2 GENERAL CONDITIONS

Clause No. Page No.

2.1 Rendition of Services 22

2.2 Consultant/Construction Project Manager’s Status 22

2.3 Ownership of Work 22

2.4 Release of Information 22

2.5 Notice to Proceed 22-23

2.6 Acceptance 23

2.7 Legal Relations and Responsibilities 23

2.8 Compliance with Laws and Regulations 24

2.9 Records 24

2.10 Termination/Resolution of Disputes 24-29

2.11. Indemnification 29

2.12. Changes: Contract Change Order 29-30

2.13. Prohibited Interests 30

2.14 Insurance 30-31

2.15 Approved Equals 31

2.16 Shipping Charges 31

2.17 Taxes 31-32





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SECTION 3 SPECIAL CONDITIONS

Clause No. Page No.

3.1 Insurance Requirements 33-34

3.2 Warranty of Services 35-36

3.3 Infringement of Patents 36

3.4 Patent Rights 37

3.5 Rights in Data 37

3.6 Use of Consultants 37

3.7 Payments and Completion 38

3.8 Cost and Pricing Data 39

3.9 Pre-Award Audit 39

SECTION 4 FEDERAL TERMS

Clause No. Page No.

4.1 Incorporation of Federal Transit Administration (FTA) Terms 40

4.2 FTA Funding Requirement 40-42

4.3 Seismic Safety Requirements 42

4.4 Energy Conservation Requirements 42

4.5 Clean Water Requirements 42

4.6 Lobbying 43

4.7 Access to Records 43-44

4.8 Federal Changes 44





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4.9 Clean Air 44

4.10 No Government Obligation to Third Parties 44

4.11 Program Fraud and False or Fraudulent Statements and 45Related Acts

4.12 Civil Rights Requirements 45-47

4.3 Disadvantaged Business Enterprise (DBE) 47-56

SECTION 5 ATTACHMENTS

Clause No. Page No.

5-1 Cost Proposal Worksheets 58-60

5-2 Proposers Declarations and Statement of Understanding 61

5-3 Non-Collusion Affidavit 62

5-4 Certification Prime Contractor Debarment Suspension 63

5-5 Certification Subcontractor Debarment Suspension Over$100,000 64

5-6 Certification Subcontractor Debarment Suspension Under$100,000 65

5-7 Certification Regarding Lobbying 66

5-8 Disclosure of Lobbying Activities 67-68

5-9 Disclosure of Governmental Positions 69

5-10 DBE (Minority Women) Information Report 70





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SECTION 6 PERFORMANCE SPECIFICATIONS

Clause No. Page No.

6.1 Introduction 72

6.2 Project Overview 72-74

6.3 AC Transit District Project 74

6.4 Purpose of Specification 74-75

6.5 Safety Related Requirements for Hydrogen 75

6.6 Safety Properties of Hydrogen Fuel 75-76

6.7 Table Fire Safety Properties of Hydrogen and Other 77-78Automotive Fuels

6.8 Requirements for Hydrogen Refueling Facilities 78

6.9 Setbacks and Location 78-80

6.10 Electrical Area Classification 80

6.11 Equipment Requirements 80-81

6.12 Requirements for Hydrogen and Natural Gas Vehicle 82Maintenance Facilities

6.13 Ventilation 82-83

6.14 Gas Detection System 83

6.15 Electrical Systems and Ignition Sources 84-87

6.16 Standby Power 87-88

6.17 Operating Procedures 88

6.18 Hydrogen Refueling Facility Requirements 88-93





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6.19 Fueling Facility 93-97

6.20 Maintenance Facility Modifications 97-104

Appendix A Fuel Consumption and Tank Sizing Estimates 105

Appendix B Calculations to Support Recommendations ForMaintenance Building Modifications 106

Exhibit 3-2 Conceptual Hydrogen Refueling Facility Layout 107

Exhibit 4-1 Maintenance Building Layout 108

SECTION 7 DESIGN SCHEDULE 109

SECTION 8 SAMPLE RELIABILITY DEMONSTRATION PLAN

Clause No. Page No.

8.1 Introduction 111

8.2 Applicable Documents 111

8.3 Definitions 111-113

8.4 Demonstration Team 113-114

8.5 Responsibilities 114-115

8.6 Measurement Methods 115-116

8.7 Pass/ Fail Criteria 116

8.8 Demonstration Procedures 116-117

8.9 Work Order Analysis 117-118

8.10 Control Center Log Analysis 118

8.11 Reliability Tracking 119





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8.12 Identification of Failures 119

8.13 Failure Reporting Analysis and Corrective Action (FRACA) 119-120

8.14 Corrective Actions 120

8.15 Preventative Maintenance 120

8.16 Resets 120-121

8.17 Test Records 121

8.18 Failure of an RTD 122-122

8.19 Failure Trends 122

8.20 New Failure Effects 122

8.21 Demonstration Reports 122-123

Failure and Reporting and Analysis Flow Chart-Chart A-1 124

Corrective Action Flow Chart-Chart A-2 125

Pass/Fail/Continue Flow Chart-Chart A-3 126

SECTION 9 SAMPLE CONTRACT

Clause No. Page No.

Contract

1 Scope of Work 127

2. Component Parts of Agreement 127

3. Contract Price 127

4. Time of Performance 128

5. Waiver 128





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6. Binding Effect 128

7. Notice 128

8. Entire Agreement 129

9. Severability 129

10. Assignment/Subcontracting 129

11. Attorney’s Fees 129

12. Governing Law 129

Signatures 130





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1.1 INTRODUCTION

A. The Alameda-Contra Costa Transit District (hereinafter referred to as “ACTransit” or “District”) intends to award a FIXED PRICE contract, with anallowance of 150 hours for a public outreach component, to provideEngineering Design and Construction Project Management Services for aHydrogen Refueling Facility and modification of existing maintenancefacilities to be constructed at the District’s Division 4 maintenance facilityin Oakland, California. The Consultant/Construction Project Managerselection will be based on qualifications and ability to perform the workdescribed in the Performance Specifications section of this procurementdocument.

B. A contract for professional services will be negotiated with the mostqualified firm whose proposal meets all the requirements of thisqualifications based solicitation. If the District is unable to reachagreement with this firm, then negotiations will be entered into with otherqualified firms in order of their ranking. The selectedConsultant/Construction Project Manager will be required to enter into awritten agreement with AC Transit.

C. This Request for Qualifications/Request for Proposal (hereafter“RFQ/RFP”) does not commit AC Transit to award an agreement, to payany costs incurred in the preparation or presentation of a Proposal, or toprocure or contract for services.

D. AC Transit reserves the right, at its sole discretion, to reject any and allProposals and to waive any minor informalities or irregularities inProposals received.

E. AC Transit also reserves the right, at its sole discretion, to negotiate withqualified sources, or to cancel in part or in its entirety, this RFQ/RFP.

F. Where two or more vendors submit a single Proposal in response to thisRFQ/RFP, they should do so on a prime-subcontractor basis rather thanon a joint venture basis. AC Transit intends to contract with a singlevendor and not with multiple vendors doing business as a joint venture.





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1.2 COORDINATION OF CONTRACT DOCUMENTS

A. The Information for Proposers, General Conditions, Special Conditions,Performance Specifications, and all other documents required by thisRFQ/RFP are essential parts of the Agreement, and a requirement occurringin one is binding as though occurring in all. The documents are intended to becomplementary, and to describe and provide for a complete work.

B. In the event of inconsistencies between requirements contained in differentcomponents of the Proposal Documents, the Performance Specificationsshall govern over the General and Special Conditions. The SpecialConditions shall govern over the General Conditions.

1.3 PERFORMANCE SPECIFICATIONS

The services required for this project are described in the PerformanceSpecification, Section 6 incorporated herein.

1.4 QUESTIONS AND / OR CLARIFICATIONS

A. All questions pertaining to clarifications of or modifications to theRFQ/RFP or the procurement process must be submitted in writing. Thismay be done via mail, e-mail, or facsimile. No telephone inquiries will beaccepted. In the event any question submitted necessitates an addendumto the RFQ/RFP, such addendum shall be issued in writing and shall befurnished to all parties receiving the RFQ/RFP. It is the Proposer’sresponsibility to ensure their receipt of all addenda prior to submitting aProposal. Under no circumstances should questions regarding thissolicitation be directed to the District’s Board of Directors.

A. The District cannot ensure a response to inquiries received less than ten(10) working days prior to the Proposal Due Date.

B. The District shall not be bound by any oral or written representations,statements, or explanations other than those made in this RFQ/RFP, inDistrict written responses to inquiries or in formal written addenda to theRFQ/RFP.





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C. Questions and / or clarifications shall be directed to:

AC TRANSITAttn: Frank E. Bartzi, Contract Specialist10626 International Blvd.Oakland, CA 94603-3806Tel: 510-577-8826Fax: (510) 577-8839Email: [email protected]

1.5 PRE-PROPOSAL CONFERENCE

A. Pre-Proposal conference for interested parties will be held on April 2, 2003at 10a.m. Local time at AC Transit’s General Offices located at 1600Franklin Street, in the 2nd Floor, Boardroom. Attendance at this meeting isrecommended, but not required.

B. Questions about the RFQ/RFP should be submitted in writing to theassigned AC Transit Contract Specialist prior to the meeting in order toprovide District staff sufficient time to prepare responses. Writtenquestions submitted prior to and questions raised at the meeting will beanswered, if necessary, in written addenda to the RFQ/RFP and will bemade available to all Proposers whether or not they attend theconference.

Following the conference, AC Transit will make available to interestedparties a list of all those to whom the RFQ/RFP was furnished, as well asthose attendees at the meeting. Representatives of AC Transit-certifiedDBEs will be identified as such.

1.6 RFQ/RFP DUE DATE

The Statements of Qualification and Proposals must be received by the close ofbusiness on April 30,2003, at:

AC TRANSITAttn: Frank E. Bartzi, Contract Specialist10626 International Blvd.Oakland, CA 94603-3806





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Submittals received after this time or at any other location will not beaccepted. AC Transit shall not be responsible for the failure of mailed offers toactually be received by the District by the day of closing. No other methods ofdelivery shall be accepted: neither telephone, facsimile, electronic, ortelegraphic.

1.7 FORMAT AND CONTENTS OF RESPONSE TO RFQ/RFP

A. The intent of this RFQ/RFP is to encourage responses that clearlycommunicate the Proposer’s understanding of the project and itsapproach to successfully completing the project on time and within budget.Submittals should be brief as possible and should not contain anyunnecessary promotional material. Information should be provided in aconcise and well-organized manner.

B. The submittal should include one (1) original and nine (9) printed copiesand shall be submitted in a separate envelope clearly markedQualificationsl Proposal with the RFQ/RFP number on the outside of theenvelope. The Proposal should be typewritten in at least a 12-point font,and must be supplied in an electronic text format upon request. Allsignatures must be signed in ink and shall be made by an Officer of theProposer with the authority to bind the Proposer to the terms of thesolicitation.

C. The Proposal Package should include the following:

1. A Statement of Qualifications.

2. A Technical Proposal addressing the requirements of thePerformance Specifications, including a Cost Proposal.

3. Executed FTA Certifications.

4. Identification of any parts of the Proposal which the Proposerconsiders proprietary, and a written justification for the claim.

5. A statement that the insurance coverage’s required for the projectcan be obtained and will be carried without reservation or exclusionshould the Proposer be awarded the contract.





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6. A statement listing any Exceptions/Objections to the requirementsand the terms and conditions of the RFQ/RFP, including anyobjections to the terms and conditions of the Agreement betweenthe successful Proposer and the District. Particular attentionshould be directed to the Insurance, Indemnification, Damages, andWarranties provisions of the RFQ/RFP. Failure to specify anyExceptions or Objections to the requirements, and terms andconditions of this RFQ/RFP will constitute acceptance of the Districtrequirements.

7. A list of any subcontractors proposed for the PerformanceSpecifications.

8. A statement that the Proposal constitutes an offer, which willremain open for 120 days from the Proposal submission date.

1.8 FORMAT AND CONTENTS OF STATEMENT OF QUALIFICATIONS

A. Description of Organizational Structure:

1. A concise description of the Proposer including organizationstructure, subsidiary companies, office locations and size andoverall number of personnel by discipline (e.g., engineering, salesand marketing, customer support, and administration.) If theProposer will use subcontractors, it must furnish the aboveinformation for each and clearly indicate the need for andresponsibilities of the subcontractor as it directly applies to thisProject.

2. Submission of financial statements for the previous three (3) years.

B. Experience Record

This section should contain complete, concise and accurate descriptionsof the Proposer’s experience in providing services similar to those outlinedin the Performance Specifications in not less than three (3) projects withinthe last three (3) years The Experience Record should only includerelevant work directly applicable to the Performance Specificationssolicited here.





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1. Name, title, address and telephone number of the client’s projectmanager or contracting officer.

2. The approach utilized by the Proposer in meeting the client’srequirement.

3. The scope and Proposer’s specific involvement in the project.

4. The deliverables associated with the client’s project.

5. The status of the contract and of the Proposer’s work on theproject.

C. Resumes of Key Personnel

This section should contain no more than ten (10) pages of resumes forkey personnel identified as being assigned to the AC Transit Project. TheResume form should feature all job experience over the past ten (10)years including:

1. Position held.

2. Primary responsibilities and length of employment for each position.

3. Education.

4. Professional registrations or certifications.

5. Professional affiliations.

6. Key skills.

7. Years employed by Proposer.

8. Total professional experience (in years).

9. Current assignment and location.

10. Cost Worksheet category (Project Design Manager andConstruction Manager or other), and





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11. Minimum number of hours committed to the AC Transit by location.

1.9 FORMAT AND CONTENTS OF TECHNICAL PROPOSAL

The technical proposal should address the requirements of the PerformanceSpecifications and include a cost proposal. The submittal should include one (1)original and nine (9) printed copies and shall be submitted in a separateenvelope clearly marked Technical Proposal with the RFQ/RFP number on theoutside of the envelope. An officer of the Proposer must sign the original. TheProposal should be a comprehensive, concise and accurate presentation, andshould not exceed fifty (50) pages in length. The appendix should only containmaterial that is explicitly requested. The cover to the Technical Proposal shouldinclude the RFQ/RFP title and number, Proposer’s name, address telephone andfax numbers.

A. Work Plan and Schedule

This section should identity the Proposer’s methodology for theperformance of the tasks identified in the Performance Specifications.

1. Project Plan

a. The project plan should clearly identify the project managerand key personnel associated with the tasks in the WorkPlan. The District must approve any proposed change ofpersonnel after the Proposal is submitted.

b. The project plan should also describe the involvement ofDBE and other subcontractors in the project, the tasks theywill perform and their qualifications to perform the work. TheConsultant/Construction Project Manager shall beresponsible for management, direction, design, integration,scheduling, control, review and approval of all subcontractedwork and services. Moreover, the Consultant/ConstructionProject Manager shall be responsible for assuring that allsubcontracted work is in conformance with AC Transit’spolicies, standards and criteria. All subcontracts will besubject to the review and approval of the District.





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2. Project Schedule is provided in Section 6 herein.

A draft Work Plan shall be updated and submitted for final approvalwithin thirty (30) days of the award of contract. The projectschedule should indicate planned completion dates for each majortask, dependencies between tasks, and key dates for submission ofdeliverables.

3. Section 5 Proposal Documents

All forms and certifications in Section 5 must be submitted with theproposal. Failure to do so shall result in the disqualification of theproposal.

1.10 COST PROPOSAL

A. Proposer shall submit a cost proposal, which address all the requirementsof the Performance Specifications. The submittal shall include one (1)original and nine (9) printed copies and shall be submitted in a separateenvelope clearly marked Cost Proposal with the RFQ/RFP number on theoutside of the envelope. The cost proposal should include the CostWorksheets included in the Attachments Section plus any otherinformation the Proposer deems necessary to explain its proposed priceand any options. An electronic copy of the Cost Worksheets will beprovided for proposers to fill out, but it need only be returned in printedform.

B. The Proposer shall include any additional information or features, whichwould enhance the project. The Proposer shall price and describe eachitem separately.

C. Work to be wholly or partially performed by subcontractors should be soidentified. A separate Summary of Costs is required for eachsubcontractor, as well as a composite Summary of Costs for the overalleffort.

D. If a contract modification is executed to cover additional services neitherspecified in this RFQ/RFP nor called out in the Proposal, individual-billingrates identified in the Summary of Costs will be used.





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1. The Summary of Costs must be developed as follows:

A “FIXED” cost with an allowance of 150 hours for the publicoutreach component to perform the Engineering Design andConstruction Project Management as specified within thisRFQ/RFP. Each of these elements may be itemized separately ona price form, including the names, hourly rates and estimatedcommitted hours of all key team members (at least those whoseresumes are included.)

2. A schedule of milestones and payments should be proposed, withat least 10% being held until after final acceptance.

1.11 PROTEST PROCEDURES

A. Protest Based on the Content of the Solicitation.

Proposal protests based upon the content of the solicitation, such asrestrictive specifications or alleged improprieties in the bidding or proposalprocedure shall be filed with the Procurement and Materials Director, priorto the bid opening or proposal submission date and time. The protestmust clearly specify the grounds on which the protest is based and includeany supporting information.

B. Protests Based on Other Grounds

Protests based on grounds other than the content of the solicitation mustbe filed with the Manager of Capital Planning/Grants Administration nolater than ten (10) calendar days after the District’s notice of intent toaward, or notice of award, or notice of non-award, whichever occurs first.

Copies of the District’s Procurement Protest Procedures should beobtained from the District’s Procurement and Materials Director. TheProcurement Protest Procedures will be provided immediately uponrequest. FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTSSET FORTH IN THE DISTRICT’S WRITTEN PROPOSAL PROTESTPROCEDURES MAY RESULT IN REJECTION OF THE PROTEST.





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1.12 CONSULTANT/CONSTRUCTION PROJECT MANAGER SELECTION

A selection committee will perform an initial screening of Qualifications/Proposals to determine if they meet the basic requirements of the RFQ/RFP.Under this qualifications-based procurement, the selection committee willevaluate competitors’ qualifications and rank competitors according toqualifications. The selection committee will then evaluate the proposal submittedby the most qualified competitor according to the evaluation criteria set outbelow, and, if determined to be competitive, enter into negotiations overcompensation and other factors. If agreement cannot be reached with the mostqualified competitor, the District will terminate negotiations and initiate newnegotiations with the next most qualified competitor. This process shall continueuntil such time as there is an award or there are no qualified firms remaining forconsideration. In that event, the District, at is discretion, may withdraw theRFQ/RFP and cancel the procurement.

1.13 QUALIFICATION EVALUATION

Evaluation Criteria in the relative order of importance:

Prior experience in the engineering, design, and project management ofcomparable projects for public agencies in the past five years.

Prior experience with the modification of existing facilities to accommodate themaintenance of hydrogen fueled buses.

Knowledge of steps to develop typical work plan to demonstrate the firm’s abilityto meet the overall requirements of the project.Ability to perform life cycle cost analysis and determine the most safe, reliable andcost effective means to fuel hydrogen fuel cell buses.

Ability to specify hydrogen production equipment and fueling systems.

Prior experience with the development of a safety certification program, operatingprocedures, training programs, which comply with all regulatory andenvironmental requirements.

Technical method utilized to mitigate hydrogen leaks and implement emergencyshutdown procedures.Ability to develop and perform a public outreach planPrior experience in working with local officials for plan review and securing ofpermits.





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Prior experience in the preparation of bid documents, drawings and specificationsfor formal Invitation to Bid for Construction.Prior experience in overseeing the day to day construction and inspection of acomparable project.Prior experience in conducting site surveys, preparing project estimates,schedules quality assurance, and testing.

Prior experience in providing registered professional engineer approvals, stampsand certifications.

Resumes of key personnel to be assigned to the project.

References from public agencies for which comparable projects have beenperformed.

Ability to develop a reliability/performance plan for the facility.

1.14 DISTRICT PROJECT MANAGERS

Craig Michels, C.P.E. Mallory Nestor-BrushFacilities Maintenance Administrator Project Director, Fuel Cell Program10626 International Blvd. 1600 Franklin StreetOakland, CA 94603-3806 Oakland CA 94612Email [email protected] [email protected]:(510) 577-8806 510-891-7213Fax (510) 577-8859 510-891-4724

1.15 DESIGN/BUILD RESTRICTIONS

The California Public Contract Code, Section 20209.7, sub paragraph (f) prohibitsAC Transit, as a Special District of the State of California, to enter into design/buildcontracts for projects under ten million dollars ($10,000,000).

1.16 ORGANIZATIONAL CONFLICT OF INTEREST

Federal Transit Administration (FTA) Circular 4220.1D, Paragraph 8(a)(5) and theFTA Best Practices Procurement Manual (BPPM) in Sections 3.2 “UsingConsultant/Construction Project Managers to Prepare Specifications” and 2.4.2.2.2“Organizational Conflicts of Interest” prohibit the Consultant/Construction ProjectManager who is awarded the design/project management portion of the AC Transitproject from participating, as a prime or subcontractor, in the construction phase ofthe project.





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1.17 DESIGNATION OF SUBCONTRACTORS

Proposer shall list the name and address of each Subcontractor including DBESubcontractor to whom Proposer proposes to subcontract more than ½ of 1 percentof the work, and description and portions of the work or services subcontracted.Attach additional copies of this form if more space is required.

ESTIMATED DOLLAR AMOUNTDESCRIPTION OF WORK OR SERVICESNAME AND ADDRESS

[Balance of this page intentionally left blank.]




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2.1 RENDITION OF SERVICES

The Consultant/Construction Project Manager hereby agrees to undertake, carryout and complete all work established herein in a professional and timely mannersatisfactory to District standards. The District standards are defined in theRequest for Qualifications and Proposal.

2.2 CONSULTANT/CONSTRUCTION PROJECT MANAGER'S STATUS

Neither the Consultant/Construction Project Manager nor any party contracting withthe Consultant/Construction Project Manager shall be deemed to be an agent oremployee of the District. The Consultant/Construction Project Manager is and shallbe an independent Contractor and the legal relationship of any person performingwork for the Consultant/Construction Project Manager shall be one solely betweensaid parties.

2.3 OWNERSHIP OF WORK

All reports, designs, drawings, plans, specifications, schedules, copyrights andother materials prepared, or in the process of being prepared, for the services to beperformed by Consultant/Construction Project Manager shall be and are theproperty of AC Transit and AC Transit shall be entitled to access thereto, andcopies thereof, during the progress of the work.

In the event that the work that is the subject of this Agreement is not completed,for any reason whatsoever, all designs and materials generated under thisAgreement shall be delivered as the District may direct.

2.4 RELEASE OF INFORMATION

The Consultant/Construction Project Manager shall not release any reports,information, or promotional materials prepared in connection with this Agreementwithout obtaining the prior permission of the District by providing a copy to theDistrict’s Project Manager for review, comments and approval.

2.5 NOTICE TO PROCEED

As soon as practicable after execution of the Agreement, and after receipt ofacceptable insurance certificates by the District, a written Notice to Proceed willbe mailed to the Consultant/Construction Project Manager. The effective date ofthe Notice to Proceed will be the date stated as such in the Notice, provided that




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the effective date will not be earlier than the day following the issuance of theNotice to Proceed.

2.6 ACCEPTANCE

A. Acceptance by the District of any services furnished under this contractshall occur only subsequent to the final inspection and review by theDistrict and shall be evidenced by the District’s written Statement ofAcceptance.

B. The District shall have the right to reject, and refuse to pay for, any and allnon-conforming services, and the Consultant/Construction ProjectManager shall have the right to cure non-conforming services inaccordance with Paragraph 2.10B of these General Conditions.

C. Nothing in this section shall limit or restrict the warranty and remedyobligations of the Consultant/Construction Project Manager specified inthis Agreement.

2.7 LEGAL RELATIONS AND RESPONSIBILITIES

A. The Consultant/Construction Project Manager shall keep himself fullyinformed concerning all requirements of law, including but not limited to allfederal, state, and local laws and regulations which in any manner affectthe performance of work under the Agreement. TheConsultant/Construction Project Manager shall at all times observe, andshall cause all his employees and subConsultant/Construction ProjectManagers to observe, all such requirements of law and shall protect,indemnify and hold harmless the District, its Directors, officers, agents andemployees against all claims and liabilities arising from or based on theviolation of any such requirement of law whether by theConsultant/Construction Project Manager or his employees or subConsultant/Construction Project Managers. If any discrepancy orinconsistency is discovered in the Contract Documents for the work inrelation to any such requirements or laws, the Consultant/ConstructionProject Manager shall immediately report the same to the District’s ProjectManager.

B. If any part of these Contract Documents is declared invalid by a court oflaw, such decision will not affect the validity of the remaining portion,which shall remain in full force and effect.




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2.8 COMPLIANCE WITH LAWS AND REGULATIONS

All services furnished pursuant to this Agreement shall be in compliance with allfederal and state laws and applicable local regulations and ordinances.Consultant/Construction Project Manager shall, if requested by the District,provide certification and evidence of such compliance.

2.9 RECORDS

The Consultant/Construction Project Manager shall permit the authorizedrepresentatives of the District to inspect and audit all data and records relating tothe performances under the Agreement. Consultant/Construction ProjectManager shall maintain all such records for a period of three (3) years after theDistrict makes final payment under the Agreement.

2.10 TERMINATION / RESOLUTION OF DISPUTES

A. Termination for Convenience of the District.

The performance of work or delivery of products under this Agreement may beterminated in whole or in part by the District upon written notice to theConsultant/Construction Project Manager in accordance with this clausewhenever the District determines that such termination is in its best interests.After receipt of said notice, Consultant/Construction Project Manager shall stopwork on this Agreement on the date and to the extent specified in said notice,terminate all applicable orders and subcontracts, and complete performance ofall work as shall not have been terminated by said notice. After receipt of saidnotice, Consultant/Construction Project Manager shall submit to the District itstermination claim setting forth Consultant/Construction Project Manager’s actual,direct and unavoidable costs incurred which cannot be canceled as a result ofsaid termination together with such information as may be required by the Districtto evaluate the claim. The determination of the District on the claim shall be finalsubject only to an appeal pursuant to the dispute resolution procedures set forthin Paragraph 2.10 F.

B. Termination for Default.

1. Should the Consultant/Construction Project Manager be in defaultand fail to remedy this default within ten (10) calendar days afterreceipt from the District of a notice of default (or in the case of adefault that cannot be remedied within ten (10) calendar days, to




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commence to cure said default within said ten (10) calendar daysand thereafter diligently pursue said cure until the default isremedied), the District may in its discretion terminate thisAgreement or such portion thereof as the District determines ismost directly affected by the default.

2. The term “default” for purposes of this provision includes, but is notlimited to, the performance of work in violation of the terms of thisAgreement; abandonment, assignment, delegation, orsubcontracting of this Agreement without approval of the District;bankruptcy or appointment of a receiver forConsultant/Construction Project Manager’s property; failure ofConsultant/Construction Project Manager to perform the services orother required acts within the time specified for this Agreement orany extension thereof; refusal or failure to provide properworkmanship; failure to take effective steps to end a prolongedlabor dispute; and the performance of this Agreement in bad faith.

C. Termination for Force Majeure.

The performance of work under this Agreement may be terminated by theDistrict, in its discretion, upon application therefor by theConsultant/Construction Project Manager for unforeseen causes beyondthe control and without the fault or negligence of theConsultant/Construction Project Manager, including acts of God, acts ofthe public enemy, governmental acts, fires and epidemics is such causesirrecoverably disrupt or render impossible the Consultant/ConstructionProject Manager’s performance hereunder. An “act of God” shall mean anearthquake, flood, cyclone, or other cataclysmic phenomenon of naturebeyond the power of the Consultant/Construction Project Manager toforesee or make preparation in defense against.

D. Remedies for Breach of Contract.

1. Failure to complete contracted work.

In case of failure on the part of the Consultant/Construction ProjectManager to complete the work pursuant to this Agreement withinthe specified time or within authorized extensions thereof, theAgreement may be terminated and the District in such event shallnot pay the Consultant/Construction Project Manager any further




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compensation for any labor, supplies or materials furnished by itunder this Agreement. In such event, the District may proceed tocomplete the work, either by engaging other consultants orotherwise, and the Consultant/Construction Project Manager shallbe liable to the District for all loss or damage which it may sufferdue to the Consultant/Construction Project Manager’s failure tocomplete its contract work within such time.

2. Failure to meet contract requirements.

If the Consultant/Construction Project Manager fails to meet therequirements of the Agreement, the product or service may bebought from any source by the District, and if a greater price thanthat named in the contract is paid by the District, the excess pricewill be charged to and collected from the Consultant/ConstructionProject Manager

E. Disputes.

Performance During Dispute – Unless otherwise directed by the District,Consultant/Construction Project Manager shall continue performanceunder this Agreement while matters in dispute are being resolved.Further, the District shall pay Consultant/Construction Project Manager forany undisputed work performed by Consultant/Construction ProjectManager prior or during the resolution of the matters in dispute.

F. Alternative Dispute Resolution/Mandatory Arbitration.

1. Notice of Dispute/Negotiated Resolution.

In the even that there is any controversy, claim or dispute betweenthe District and the Consultant/Construction Project Managerarising out of or related to this Agreement or the breach hereof, thathas not been resolved by informal discussions and negotiations,either party may, by written notice to the other, invoke the formaldispute resolution procedures set forth herein. The written noticeinvoking these procedures shall set forth in reasonable detail thenature, background and circumstances of the controversy claim ordispute. During the thirty (30) days following said written notice, theparties shall meet, confer and negotiate in good faith to resolve thedispute. Either party may, during said thirty (30) day period,




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request the utilization of the services of a professional mediator,and the other party or parties to this dispute shall cooperate withsuch request and share the reasonable costs of such mediator.

2. Mandatory and Binding Arbitration.

a. In the event that any controversy, claim or dispute betweenthe District and the Consultant/Construction Project Managerarising out of or related to this Agreement, or the breachhereof, cannot be settled or resolved amicably by the partiesduring the thirty (30) day period of good faith negotiationsprovided for above, then either or any party hereto maysubmit said controversy, claim or dispute for bindingarbitration before a single neutral arbitrator in accordancewith the provisions contained herein and in accordance withthe Commercial Arbitration Rules of the American ArbitrationAssociation (“Rules”); provided, however, thatnotwithstanding any provisions of such Rules, the parties tothe arbitration shall have the right to take depositions andobtain discovery regarding the subject matter of thearbitration, as provided in Title III of Part 4 (commencing withSection 1985) of the California Code of Civil Procedure, asand to the extent that the arbitrator deems fair andreasonable. Judgment upon the award rendered by thearbitrator may be entered in any court having jurisdiction.The arbitrator shall determine all questions of fact and lawrelating to any controversy, claim or dispute hereunder,including but not limited to whether or not any suchcontroversy, claim or dispute is subject to the arbitrationprovisions contained herein.

b. Any party desiring arbitration shall serve on the other party orparties and the San Francisco Office of the AmericanArbitration Association, in accordance with the aforesaidRules, its Notice of Intent to Arbitrate (“Notice”). The partiesshall select a single, neutral arbitrator who is generallyfamiliar with the factual and legal issues that relate to thisAgreement and the dispute to be resolved by arbitration. Inthe event that the parties are unable to agree on a neutralarbitrator, then one shall be selected in accordance with theRules. The arbitration proceedings provided hereunder are




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hereby declared to be self-executing and it shall not benecessary to petition a court to compel arbitration.

c. The parties to the arbitration shall share equally all costs ofthe arbitration, including the fee of the neutral arbitrator, andeach party shall bear its own costs. The arbitrator shall havethe authority, in accordance with the provisions of thisAgreement, to award to the prevailing party its costs,including its share of the arbitration costs, and reasonableattorneys’ and expert witness fees and expenses.

d. If a controversy, claim or dispute arises between the partieswhich is subject to the arbitration provisions hereunder, andthere exists or later arises a controversy, claim or disputebetween the parties, or either of them, and any third party,which controversy, claim or dispute arises out of or relates tothe same transaction or series of transactions, said third partycontroversy, claim or dispute shall be consolidated with thearbitration proceedings hereunder; provided, however, thatany such third party must be a party an agreement with eitherof the parties which provides for the arbitration of disputesthereunder in accordance with rules and proceduressubstantially the same in all material respects as provided forherein or, if not, must consent to arbitration as provided forhereunder.

e. All Arbitration proceedings shall be held in Oakland,California.

f. The Notice of the demand for arbitration shall be made withina reasonable time after the claim, dispute or other matter inquestion has arisen, and in no event shall it be made after thedate when institution of legal or equitable proceedings basedon such claim, dispute or other matter in question would bebarred by the applicable statute of limitations.

G. Waiver of Remedies for any Breach.

In the event that the District elects to waive its remedies for any breach byThe Consultant/Project Manager of any covenant, term, or condition of thisAgreement, such waiver by the District shall not limit the District’s




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remedies for any succeeding breach of that or any other term, covenant,or condition of this Agreement.

2.11 INDEMNIFICATION

The Consultant/Construction Project Manager shall defend, indemnify, keep andsave harmless the District and its Board of Directors, officers, officials,employees, agents, and volunteers from and against any and all liability, loss,damage, expense, and costs (including without limitation costs and fees oflitigation) of every nature arising out of or in conjunction withConsultant/Construction Project Manager’s performance of the work hereunderor its failure to comply with any of its obligations contained in the Agreement,except to the extent that such liability, loss, damage, expense and costs resultsfrom the sole negligence, gross negligence, or willful misconduct of the Districtand its Board of Directors, officers, officials, employees, agents, and volunteers.

2.12 CHANGES/CONTRACT CHANGE ORDER

A. The District may at any time make alterations, deviations, additions to ordeletions from the Contract Documents, and may increase or decrease thequantity of any item or portion of the work, or delete any item or portion ofthe work, and may require extra work, as determined by the District to benecessary or advisable. All such work shall be performed under applicableprovisions of the Contract Documents, unless specifically provided otherwiseat the time the change is ordered.

B. Any such changes will be set forth in a written Contract Change Orderissued by the District. The Contract Change Order will specify: (1) the workto be done in connection with the change to be made; (2) the amount of theadjustment of the contract price, if any, and the basis for compensation forthe work ordered; and (3) the extent of the adjustment in the contract time, ifany. A Contract Change Order shall not become effective until it has beensigned by the General Manager or designee.

C. No changes or deviations from the Contract Documents shall be madewithout the authority of an approved Contract Change Order, except in thecase of emergency. In such case and upon receipt of a written directivesigned by the General Manager or designee, the Consultant/ConstructionProject Manager shall proceed with the ordered work and the District willprepare a written contract Change Order for approval and issuance to theConsultant/Construction Project Manager as soon thereafter as practicable.




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D. In the event the Consultant/Construction Project Manager encounters anyunanticipated conditions or contingencies that may affect the PerformanceSpecifications and would result in an adjustment in the amount of cost of theproject, the Consultant/Construction Project Manager shall so advise theDistrict in writing immediately upon notice of such condition or contingency.The written notice shall explain the circumstances giving rise to theunforeseen condition or contingency and shall set forth the proposedadjustment in compensation resulting therefrom.

Disagreement by the Consultant/Construction Project Manager with theDistrict’s determination of the need for, or amount of, an adjustment incontract price or contract time associated with an approved ContractChange Order (or disagreement by the Consultant/Construction ProjectManager with the District’s determination that a change has not occurredand no Contract Change Order is needed) shall not, under anycircumstances relieve the Consultant/Construction Project Manager fromits obligation to promptly begin and diligently prosecute the work, includingthe change, as described in the approved Contract Change Order.

2.13 PROHIBITED INTERESTS

A. The Consultant/Construction Project Manager represents and warrantsthat neither the General Manager, nor any director, officer, or employee ofthe District is in any manner interested directly or indirectly in the proposalor in the contract which may be awarded under it, or in any expectedprofits to arise therefrom (State of California Government Code section1090 et seq.).

B. No member, officer, or employee of the District or any public entity duringhis tenure or for one year thereafter, shall have any interest, direct orindirect, in the contract to be awarded.

C. No member of or a delegate to the Congress of the United States shall beadmitted to any share or part of the contract awarded under this proposalor to any benefit arising therefrom.

2.14 INSURANCE

The Consultant/Construction Project Manager shall meet the insurancerequirements set forth in Paragraph 3.1. Any objection to, inability to meet, orrequest for substitution for the stated insurance requirements, shall be deemed




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waived, if not stated in Consultant/Construction Project Manager’s response tothis Request for Qualifications and Proposal.

2.15 APPROVED EQUALS

When the name of a manufacturer, brand or make, with or without a modelnumber, is used in describing any item in this document, bids for similar articleswill be considered unless otherwise stated. The District shall be the sole judgewhether such alternate articles are acceptable. Unless the bidder states to thecontrary, articles offered are assumed to be the specific articles named in thisdocument and that articles offered are in accordance with the specifications. Ifnot offering the specific articles named, bidder should enclose with bid fullinformation, specifications and descriptive data on items offered. The Districtreserves the right to permit deviations from the specifications if any article offeredis substantially in accord with the specifications and is deemed by the District tobe as good quality and as fully satisfactory for its intended use as an article fullymeeting specifications.

2.16 SHIPPING CHARGES

All prices shall include freight FOB to the designated delivery point. The Districtwill reject requests for additional compensation for freight charges unless it hasrequested expedited delivery.

2.17 TAXES

A. The supplies, materials or equipment called for under the PerformanceSpecifications will be used by the District in the performance of agovernmental function and are exempt from taxation by the United StatesGovernment. The District will, if requested, furnish a tax exemptioncertificate and any and all affidavits and documents that may benecessary to establish such exemption.

B. All fees or charges for services under this Agreement byConsultant/Construction Project Manager exclude all taxes howsoeverdescribed and howsoever denominated except those imposed onConsultant/Construction Project Manager by the government of UnitedStates and its political subdivisions, including the State of California, andwhich are based upon Consultant/Construction Project Manager’s netincome, corporate existence or general corporate right to transactbusiness (hereinafter “US Income Taxes”). If any taxes other than US




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Income Taxes (e.g., state or local sales tax, value added tax and the like)become due or as a result of this Agreement, said taxes shall be added tothe fees or charges in an amount as shall be necessary to ensure that thenet amount received by Seller, after all liability for taxes, other than USIncome Taxes, on or with respect to any such payment and the paymentof the additional amount, equals the amount of the fees or charges.



ENGINEERING, DESIGN, AND PROJECT MANAGEMENTHYDROGEN REFUELING FACILITY AND MODIFICATION


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3.1 INSURANCE REQUIREMENTS

A. Consultant/Construction Project Manager is required to have insurance intypes and amounts to meet their exposures under all activitiescontemplated in performing the work required by this Proposal.Consultant/Construction Project Manager shall obtain and maintaininsurance against claims for injuries to persons or damages to propertywhich may arise from or in connection with the performance of thecontracted work by Consultant/Construction Project Manager, theiragents, representatives, employees or subcontractors. The Districtreserves the right to alter, amend or otherwise modify the minimuminsurance requirements stated herein. The insurance requirements belowdo not in any manner limit or qualify the liabilities and obligations assumedby Consultant/Construction Project Manager under this Agreement,including but not limited to the provisions concerning indemnification,warranty and damages. Compliance with these minimum insurancerequirements is a material part of the agreement and a breach of any suchprovisions may, at the option of the District, be considered a materialbreach of the agreement.

1. General Liability equal to ISO Commercial General LiabilityOccurrence Form CG 001 with limits not less that $5,000,000combined single limit per occurrence for bodily injury, personalinjury and property damage.

2. Automotive Liability equal to ISO Business Auto Form CA 0001(01/87) covering Automobile Liability, code 1 (any auto) with limitsnot less that $1,000,000 combined single limit per accident forbodily injury and property damage.

3. Workers’ Compensation coverage and limits as required by theState of California and Employer’s Liability Limits not less than$1,000,000 per accident for bodily injury or disease

4. Professional Errors and/or Omissions Liability appropriate to theactivities and exposures contemplated under the agreement withlimits not less than $1,000,000 per occurrence.




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B. All coverages are to be on an occurrence basis. Claims made coveragerequires prior approval by the District, with proof acceptable to the Districtof the retroactive date and Consultant/Construction Project Manager willbe required to maintain the coverage with the same retroactive date for aperiod of not less than five years following termination of services underthis agreement. Each policy shall provide for written notice to the District30 days prior to any voiding, suspension, cancellation, and reduction incoverages or limits. Coverages must be placed with insurers with an A.M.Best & Co. Rating of no less than “A-: VII” or as otherwise acceptable tothe District.

C. The District, its directors, officers, officials, employees and volunteers areto be included as named insureds in the General and Automotive Liabilitypolicies. For any claims related to this agreement,Consultant/Construction Project Manager’s insurance shall be primary asto the District. Any insurance maintained by the District shall be excess ofConsultant/Construction Project Manager’s insurance and shall notcontribute to it. Consultant/Construction Project Manager’s insuranceshall apply separately to each insured against whom claim is made,except with respects to limits of insurer’s liability. Consultant/ConstructionProject Manager’s Workers’ Compensation and Employer’s Liabilityinsurer shall waive all right of subrogation against the District for all lossesarising from work performed by Consultant/Construction Project Managerunder this agreement. Should any work under this Agreement besubcontracted, Consultant/Construction Project Manager shall requireeach subcontractor of any tier to comply with all the Agreement’sinsurance requirements and provide proof of such compliance to theDistrict.

D. Consultant/Construction Project Manager’s shall furnish the District withappropriate Certificates and Endorsements affecting the requiredcoverages. Proof acceptable to the District of meeting these requirementsmust be supplied before Consultant/Construction Project Managerengages in any work under this Agreement. The District reserves the rightto require complete copies of all required insurance policies.




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3.2 WARRANTY OF SERVICES

A. Consultant/Construction Project Manager warrants that the servicesfurnished hereunder shall be free from errors and from defects in designand workmanship and conform to the requirements of the PerformanceSpecifications, and Performance Specifications as identified in thisAgreement and all supplemental information provided byConsultant/Construction Project Manager.

B. Consultant/Construction Project Manager warrants that the services shallbe performed in a timely and professional manner by qualifiedprofessional personnel, and that the services shall conform to thestandards generally observed in the industry.

C. Consultant/Construction Project Manager warrants that it has full powerand authority to grant the rights by Consultant/Construction ProjectManager to the District with respect to the services without the consent ofany other person.

D. Consultant/Construction Project Manager warrants that performance ofthe services by Consultant/Construction Project Manager will not in anyway constitute an infringement or other violation of any copyright, tradesecret, trademark, patent, invention, proprietary information, nondisclosureor other right of any third party.

E. Consultant/Construction Project Manager warrants that the services shallbe in compliance with all applicable laws, rules and regulations.

F. If at any time during the twelve (12) month period immediately followingthe written acceptance of the work and services as defined in Paragraph2.6 A of the General Conditions, except for any obligations related to thetraining of personnel, Consultant/Construction Project Manager or theDistrict shall discover one or more defects or errors in the services or anyother aspect in which services fail to meet the provisions of the warrantyrequirements herein, or the other requirements of this Agreement,Consultant/Construction Project Manager shall, at its own expense,promptly correct the defect, error or nonconformity by, among other things,making additions, modifications or adjustments to the services as may benecessary to keep the services in conformity with the warranties herein. If




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the defect, error, or nonconformity results in the incorrect specification ofthe hydrogen fueling facility and/or any of its component parts, then theConsultant/Construction Project Manager shall also be responsible toreplace the incorrectly specified component part(s) and all othercomponents if necessary to make the designed facility operate asintended, all at no additional charge to the District.

G. Notwithstanding any other provisions of this agreement,Consultant/Construction Project Manager shall not be liable to the Districtfor any breach of its warranties to the District, as set forth in Paragraph 3.2in the amount that exceeds two and one half (2 ½) times the amount offees paid to the Consultant/Construction Project Manager for its servicespursuant to this Agreement.

3.3 INFRINGEMENT OF PATENTS

The Consultant/Construction Project Manager agrees that it will, at its ownexpense, defend all suits or proceedings instituted against the District and payany award of damages assessed against the District in such suits orproceedings, in so far as the same are based on any claims that the servicesrendered by the Consultant/Construction Project Manager or the design of thehydrogen refueling facility or the process of using the hydrogen refueling facility(hereinafter the “Indemnified Items”) constitutes an infringement of any issuedpatent, any registered copyright or any registered trademark of the United States,or a misappropriation of a trade secret or other intellectual property right ofanother party, provided the District gives to the Consultant/Construction ProjectManager prompt notice in writing of the institution of the suit or proceeding andpermits the Consultant/Construction Project Manager through its counsel todefend same and gives the Consultant/Project Manager all needed information,assistance and authority so to do. In the event, in any such suit or proceeding, itis held that the Indemnified Items infringe any issued patent, any registeredcopyright or any registered trademark of the United States, or are amisappropriation of a trade secret or other intellectual property right of anotherparty, Consultant/Construction Project Manager shall, at its own expense and atits option, procure for the District the right to continue using the IndemnifiedItems, replace the same with non-infringing services, designs or processes ormodify the same so they become non-infringing, provided however that, whenmodified or replaced, the modified or replacement services, designs or processesperform in an equal or superior manner.




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3.4 PATENT RIGHTS

If any invention, improvement or discovery of the Consultant/Construction ProjectManager is conceived or reduced to practice in the course of performing workpursuant to this Agreement, which invention, improvement or discovery may bepatentable under the patent laws of the United States or any foreign country, theConsultant/Project Manager shall immediately notify the District and provide adetailed report. Any such invention, improvement or discovery shall be assignedto the District and the District shall enter into a license agreement with theConsultant/Construction Project Manager with commercially reasonable termsand conditions, authorizing Consultant/Construction Project Manager to use andmake use of said invention, improvement or discovery.

3.5 RIGHTS IN DATA

The term “subject data” as used herein means recorded information, whether notcopyrighted, that is delivered or specified to be delivered under this Agreement.Examples include, but are not limited to, computer software, engineering drawingsand associated lists, specifications, standards, process sheets, manuals, technicalreports, catalog item identifications, and related information. The term does notinclude financial reports, cost analyses, and similar information incidental to theproject administration. Except for any invention, improvement, or discovery that iscovered by Paragraph 3.4 of these Special Conditions, Consultant/ConstructionProject Manager may publish, reproduce or use such subject data in whole or inpart, or in any manner or form, and may authorize others to do so.

3.6 USE OF CONSULTANTS

No limitation shall be imposed on the District’s use of consultants in any activityrelated to the project. Any such consultants, at the direction of the District, shallbe accorded the same access to facilities and participation in project activities asany member of the District’s project team. The District shall have the option ofadding consultants to the distribution list to receive all correspondence and all orselected system documents initiated by the Consultant/Construction ProjectManager.




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3.7 PAYMENTS AND COMPLETION

A. Schedule of Prices

A schedule of prices shall be submitted in the Cost section of theProposal. The schedule of prices shall be based upon deliverables andsignificant critical path points established in the milestone scheduleproposed by the Consultant/Construction Project Manager, subject tonegotiation between the parties. The negotiated schedule of prices shallserve as the basis of progress payments and shall be incorporated intothe formal agreement issued by the District.

B. Invoicing

1. At least twenty (20) days prior to the dates established for eachprogress payment, but not more than once a month,Consultant/Construction Project Manager shall submit to theDistrict’s Project Manager an invoice for payment covering theWork completed as of the date of the invoice accompanied by suchsupporting documentation as is required as mutually agreed to bythe parties.

2. Beginning with the second invoice and each invoice thereafter, theConsultant/Construction Project Manager shall include an affidavitthat all of the previous progress payments received to the accountof the Work have been applied to dischargeConsultant/Construction Project Manager’s legitimate obligationsassociated with prior invoices for payment.

3. Payments shall be made in Net 30 Days after receipt of approvedinvoices and supporting documentation.

4. All invoices shall be sent to:

AC TransitP.O. Box 28507Oakland, Ca. 94604Attn: Craig Michels




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3.8 COST AND PRICING DATA

A. Prior to award of a contract, the Consultant/Construction Project Managershall furnish, if required by the District, in accordance with the provisionsof paragraph 15.804-2 of the Federal Acquisition Regulation (FAR), costor pricing data and the certificate of current cost or pricing data as set forthin FAR 15.804-4.

B. If cost and pricing data and the certificate of current cost or pricing isrequired prior to award, the award / Agreement shall include the followingclauses as they appear in the FAR under the citation and as identifiedbelow:

1. Clause appearing under FAR 52.215-22 entitled “Price Reductionfor Defective Cost or Pricing Data”

2. Clause appearing under FAR 52.215-24 entitled “SubConsultant/Construction Project Manager Cost or Pricing Data”.

3.9 PRE AWARD AUDIT

The State of California requires that a pre award audit be performed of the mostqualified Consultant/Construction Project Manager. The pre-award audit shall bein accordance with Caltrans Local Programs Procedures LPP 00-05 entitled“Revised Pre-award Audit Requirements and Consultant Procurement”. Theaudit shall be performed specifically to Exhibits 10-L, page No. 10-57, 10-M,page No’s 10-59 through and including 10-64 of LPP 00-05 and 10-N, page No’s10-66 through and including 10-68 of the above procedure. Failure to pass thepre award audit shall prohibit a Consultant/Construction Project Manager fromreceiving an award of a contract.

A PDF file of this procedure is available from:

A. http://www.dot.ca.gov/hq/LocalPrograms followed by clicking on item 4“Local Assistance Manuals”

B. Or upon request from the District




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4.1 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

Provisions 4.1 through 4.12 are Standard Terms and Conditions required by theDepartment of Transportation (DOT), whether or not expressly set forth in thepreceding contract provisions. All contractual provisions required by DOT, as setforth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated byreference. Anything to the contrary herein notwithstanding, all FTA mandatedterms shall be deemed to control in the event of a conflict with other provisionscontained in this contract document. The Consultant/Construction ProjectManager shall not perform any act, fail to perform any act, or refuse to complywith any AC TRANSIT requests which would cause AC TRANSIT to be inviolation of the FTA terms and conditions.

4.2 FTA FUNDING REQUIREMENT

A. This project may be financed in part by the Federal Transit Administration(FTA). Accordingly, federal requirements apply to this contract. In theevent that those requirements are revised during the performance of thiscontract, the Consultant/Construction Project Manager shall incorporatethose revised provisions mandated by the FTA.

B. Notwithstanding any involvement of the FTA in this contract, the federalgovernment shall have no obligations or liabilities to any third partyConsultant/Construction Project Manager. The District and theConsultant/Construction Project Manager recognize the requirements ofthe Program Fraud Civil Remedies Act of 1986, as amended, 49 U.S.C.§3801 et seq and U.S. DOT regulations. “Program Fraud Civil Remedies”,49 CFR Part 31, apply to actions pertaining to this Contract. The Districtand the Consultant/Construction Project Manager also agree to complywith the requirements of 49 U.S.C. §5323(h)(2) by refraining from the useof any FTA assistance to support procurements using exclusionary ordiscriminatory specifications. The District also agrees to refrain from usingstate or geographic restrictions unless otherwise allowed by the FTA.

C. The attached FTA Certifications contain provisions of federal statute orregulation and California Transit policy that govern the procurement ofgoods and services described in this RFP. The certifications listed below,and included in the Attachments Section, must be signed by a person




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authorized to bind the offering vendor to the terms of the proposal andshould also be included in Appendix A of the Technical Proposal.

1. CERTIFICATION REGARDING DEBARMENTATTACHMENTS 5-4THROUGH 5-6

The “Certification Regarding Debarment, Suspension and otherResponsibility Matters” or the “Certification of Proposer RegardingDebarment, Suspension and other Ineligibility and VoluntaryExclusions” shall be included in Appendix A.

2. CERTIFICATION REGARDING LOBBYING ATTACHMENTS 5-7AND 5-8

The “Certification Regarding Lobbying” and a Disclosure Form, ifrequired, for proposals exceeding $100,000 will be included inAppendix A.

3. DISCLOSURE OF GOVERNMENTAL POSITIONS ATTACHMENT5-9

a. Depending on the nature of the work performed, aConsultant/Construction Project Manager to the District maybe subject to the same conflict of interest prohibitionsestablished by the Federal Transit Administration andCalifornia law (California Government Code, Section 1090 etseq.) that govern District employees and officers. In order toanalyze possible conflicts that might prevent a Proposerfrom acting on behalf of the District or other governmentalagency prior to contract award, the District requires that allpotential participants disclose in their Proposals anypositions that they hold as directors, officers,Consultant/Construction Project Managers, or employees ofany governmental agency. Additional disclosure may berequired prior to contract award or during the term of thecontract. Responses will be kept confidential to the extentpermitted by law.




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b. Therefore, each Proposer and Sub-Consultant/ConstructionProject Manager should disclose on the attached “Disclosureof Governmental Positions Form” in the Attachments section,whether or not any owner or employee of the firm currentlyhold positions as directors, officers, Consultant/ConstructionProject Managers, or employees of a governmental agencyor have held such positions in the past twelve months. Thisform should be included in Appendix A.

4.3 SEISMIC SAFETY REQUIREMENTS

The Consultant/Construction Project Manager agrees that any new building oraddition to an existing building will be designed and constructed in accordancewith the standards for Seismic Safety required in Department of TransportationSeismic Safety Regulations 49 CFR Part 41 and will certify to compliance to theextent required by the regulation. The Consultant/Construction Project Manageralso agrees to ensure that all work performed under this contract including workperformed by a Sub-Consultant/Construction Project Manager is in compliancewith the standards required by the Seismic Safety Regulations and thecertification of compliance issued on the project.

4.4 ENERGY CONSERVATION REQUIREMENTS

Consultant/Construction Project Manager shall recognize mandatory standardsand policies relating to energy efficiency which are contained in the State EnergyConservation Plan issued in compliance with the Energy Policy and ConservationAct (42 U.S.C. Section 6321 et seq.)

4.5 CLEAN WATER REQUIREMENTS

The Consultant/Construction Project Manager agrees to comply with allapplicable standards, orders, or regulations issued pursuant to the Federal WaterPollution Control Act, as amended, 33 U.S.C. 1251 et seq. TheConsultant/Construction Project Manager agrees to report each violation to theDistrict and understands and agrees that the District will, in turn, report eachviolation as required to assure notification to FTA and the appropriate EPAregional office.




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4.6 LOBBYING

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the LobbyingDisclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -Consultant/Construction Project Managers who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "NewRestrictions on Lobbying.” Each tier certifies to the tier above that it will not andhas not used Federal appropriated funds to pay any person or organization forinfluencing or attempting to influence an officer or employee of any agency, amember of Congress, officer or employee of Congress, or an employee of amember of Congress in connection with obtaining any Federal contract, grant orany other award covered by 31 U.S.C. 1352. Each tier shall also disclose thename of any registrant under the Lobbying Disclosure Act of 1995 who has madelobbying contacts on its behalf with non-Federal funds with respect to thatFederal contract, grant or award covered by 31 U.S.C. 1352. Such disclosuresare forwarded from tier to tier up to the District.

4.7 ACCESS TO RECORDS

The following access to records requirements apply to this Contract:

A. Consultant/Construction Project Manager agrees to provide the District,the FTA Administrator or his authorized representatives, including anyPMO Consultant/Construction Project Manager, access to theConsultant/Construction Project Manager's records and construction sitespertaining to a major capital project, defined at 49 U.S.C. 5302(a) 1, whichis receiving federal financial assistance through the programs described at49 U.S.C. 5307, 5309 or 5311. By definition, a major capital projectexcludes contracts of less than the simplified acquisition thresholdcurrently set at $100,000.

B. The Consultant/Construction Project Manager agrees to permit any of theforegoing parties to reproduce by any means whatsoever or to copyexcerpts and transcriptions as reasonably needed.

C. The Consultant/Construction Project Manager agrees to maintain allbooks, records, accounts and reports required under this contract for aperiod of not less than three years after the date of termination or




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expiration of this contract, except in the event of litigation or settlement ofclaims arising from the performance of this contract, in which caseConsultant/Construction Project Manager agrees to maintain same untilthe District, the FTA Administrator, the Comptroller General, or any of theirduly authorized representatives, have disposed of all such litigation,appeals, claims or exceptions related thereto. Reference 49 CFR18.39(i)(11).

4.8 FEDERAL CHANGES

A. Consultant/Construction Project Manager shall at all times comply with allapplicable FTA regulations, policies, procedures and directives, includingwithout limitation those listed directly or by reference in the Agreement(Form FTA MA (2) dated October, 1995) between the District and FTA, asthey may be amended or promulgated from time to time during the term ofthis contract. Consultant/Construction Project Manager's failure to socomply shall constitute a material breach of this contract.

B. The Consultant/Construction Project Manager also agrees to includethese requirements in each subcontract exceeding $100,000 financed inwhole or in part with Federal assistance provided by FTA.

4.9 CLEAN AIR

The Consultant/Construction Project Manager agrees to comply with allapplicable standards, orders, or regulations issued pursuant to the Clean Air, asamended 42 U.S.C. § 7401 et seq. The Consultant/Construction ProjectManager agrees to report each violation to the District and understands andagrees that the District will in turn, report each violation as required to assurenotification to FTA and the appropriate EPA Regional Office.

4.10 NO GOVERNMENT OBLIGATION TO THIRD PARTIES

The District and Consultant/Construction Project Manager acknowledge andagree that, notwithstanding any concurrence by the Federal Government in orapproval of the solicitation or award of the underlying contract, absent theexpress written consent by the Federal Government, the Federal Government isnot a party to this contract and shall not be subject to any obligations or liabilitiesto the District,




FEDERAL TERMS

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4.11 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS ANDRELATED ACTS

A. The Consultant/Construction Project Manager acknowledges that theprovisions of the Program Fraud Civil Remedies Act of 1986, as amended,31 U.S.C. §§ 3801 et seq and U.S DOT. Regulations “Program FraudCivil Remedies”, 49 C.F.R. Part 31, apply to its actions pertaining to thisproject. Upon execution of the underlying contract, theConsultant/Construction Project Manager certifies or affirms thetruthfulness and accuracy of any statement it has made, it makes or it maymake, or causes to be made, pertaining to the underlying contract or theFTA assisted project for which this contract work is being performed. Inaddition to other penalties that may be applicable, theConsultant/Construction Project Manager further acknowledges that if itmakes, or causes to be made, a false, fictitious, or fraudulent claim,statement, submission, or certification, the Federal Government reservesthe right to impose the penalties of the Program Fraud Civil Remedies Actof 1986 on the Consultant/Construction Project Manager to the extent theFederal Government deems appropriate.

B. The Consultant/Construction Project Manager also acknowledges that if itmakes, or causes to be made, a false, fictitious, or fraudulent claim,statement, submission, or certification to the Federal Government under acontract connected with a project that is financed in whole or in part withFederal assistance originally awarded by the FTA under the authority of49 U.S.C. § 5307, the Government reserves the right to impose thepenalties of 18 U.S.C. § 5307(n)(1) on the Consultant/Construction ProjectManager, the extent the Federal Government deems appropriate.

C. The Consultant/Construction Project Manager agrees to include the abovetwo clauses in each subcontract financed in whole or in part with Federalassistance provided by the FTA. It is further agreed that the clauses shallnot be modified, except to identify the Sub-Consultant/ConstructionProject Manager who will be subject to the provisions.

4.12 CIVIL RIGHTS REQUIREMENTS

A. Nondiscrimination In accordance with Title VI of the Civil Rights Act, asamended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of




FEDERAL TERMS

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1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans withDisabilities Act of 1990, 42 U.S.C.§ 12132, and Federal transit law at 49U.S.C.§ 5332, the Consultant/Construction Project Manager agrees that itwill not discriminate against any employee or applicant for employmentbecause of race, color, creed, national origin, sex, age, or disability. Inaddition, the Consultant/Construction Project Manager agrees to complywith applicable Federal implementing regulations and other implementingrequirements FTA may issue.

B. Equal Employment Opportunity The following equal employmentopportunity requirements apply to this contract:

1. Race, Color, Creed, National Origin, Sex - In accordance with TitleVII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, andFederal transit laws at 49 U.S.C. § 5332, theConsultant/Construction Project Manager agrees to comply with allapplicable equal employment opportunity requirements of U.S.Department of Labor (U.S. DOL) regulations, "Office of FederalContract Compliance Programs, Equal Employment Opportunity,Department of Labor," 41 C.F.R. Parts 60 et seq., (which implementExecutive Order No. 11246, "Equal Employment Opportunity," asamended by Executive Order No. 11375, "Amending ExecutiveOrder 11246 Relating to Equal Employment Opportunity," 42U.S.C. § 2000e note), and with any applicable Federal statutes,executive orders, regulations, and Federal policies that may in thefuture affect construction activities undertaken in the course of theproject. The Consultant/Construction Project Manager agrees totake affirmative action to ensure that applicants are employed, andthat employees are treated during employment, without regard totheir race, color, creed, national origin, sex, or age. Such actionshall include, but not be limited to, the following: employment,upgrading, demotion or transfer, recruitment or recruitmentadvertising, layoff or termination; rates of pay or other forms ofcompensation; and selection for training, including apprenticeship.In addition, the Consultant/Construction Project Manager agrees tocomply with any implementing requirements FTA may issue.

2. Age - In accordance with section 4 of the Age Discrimination inEmployment Act of 1967, as amended, 29 U.S.C. § 623 and




FEDERAL TERMS

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Federal transit law at 49 U.S.C. § 5332, theConsultant/Construction Project Manager agrees to refrain fromdiscrimination against present and prospective employees forreason of age. In addition, the Consultant/Construction ProjectManager agrees to comply with any implementing requirementsFTA may issue.

3. Disabilities - In accordance with section 102 of the Americans withDisabilities Act, as amended, 42 U.S.C. § 12112, theConsultant/Construction Project Manager agrees that it will complywith the requirements of U.S. Equal Employment OpportunityCommission, "Regulations to Implement the Equal EmploymentProvisions of the Americans with Disabilities Act," 29 C.F.R. Part1630, pertaining to employment of persons with disabilities. Inaddition, the Consultant/Construction Project Manager agrees tocomply with any implementing requirements FTA may issue.

4. The Consultant/Construction Project Manager also agrees toinclude these requirements in each subcontract financed in wholeor in part with Federal assistance provided by FTA, modified only ifnecessary, to identify the affected parties.

4.13 DISADVANTAGED BUSINESS ENTERPRISE (DBE)

A. DBE POLICY:

1. It is the policy of the District to ensure nondiscrimination in theaward and administration of all contracts and to create a levelplaying field on which Disadvantaged Business Enterprises (DBEs)can compete fairly for contracts and subcontracts relating to theDistrict’s construction, procurement and professional servicesactivities. To this end, the District has developed procedures toremove barriers to DBE participation in the Proposal and awardprocess, and to assist DBEs to develop and compete successfullyoutside the DBE Program. In connection with this contract, theConsultant/Construction Project Manager will cooperate with theDistrict in meeting these commitments and objectives.




FEDERAL TERMS

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2. The District, a recipient of federal financial assistance from theFederal Transit Administration (FTA) is committed to and hasadopted a DBE Program in accordance with federal regulations 49CFR Part 26, issued by the U.S. Department of Transportation.

3. Pursuant to 49 CFR §26.13, the Consultant/Construction ProjectManager is required to make the following assurance in itsagreement with the District and to include this assurance in anyagreements it makes with Sub-Consultant/Construction ProjectManagers in the performance of this contract:

“The Consultant/Construction Project Manager or Sub-Consultant/Construction Project Manager shall not discriminate onthe basis of race, color, national origin, or sex in the performance ofthis contract. The Consultant/Construction Project Manager shallcarry out applicable requirements of 49 CFR Part 26 in the awardand administration of U.S. DOT-assisted contracts. Failure by theConsultant/Construction Project Manager or Sub-Consultant/Construction Project Manager to carry out theserequirements is a material breach of this contract, which may resultin the termination of this contract or such other remedy as theDistrict deems appropriate.”

B. DBE ELIGIBILITY:

A small business concern must be certified as a DBE by the District, U.S.DOT or its agencies, the Small Business Administration, or anotherrecipient of U.S. DOT funds acceptable to the District in accordance with49 CFR Part 26. A firms DBE status or by another DOT recipient prior tothe Proposal closing date.

1. Disadvantaged Business Enterprise

a. DBE is a for-profit, small business concern:

b. Which is at least fifty-one percent (51%) owned by one or moresocially and economically disadvantaged individuals, or, in the caseof any corporation, at least fifty-one percent (51%) of the stock of




FEDERAL TERMS

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which is owned by one or more socially and economicallydisadvantaged individuals; and

c. Whose management and small business operations are controlledby one or more of the socially and economically disadvantagedindividuals who own it.

d. Small Business Concern

A small business concern shall meet the definition and sizestandards of an existing small business as required by the SmallBusiness Administration pursuant to 13 CFR Part 121, and thefirm's annual average gross receipts for the previous three yearscannot exceed $16.6 million.

e. Socially and Economically Disadvantaged Individuals

(i). There is a rebuttable presumption that socially andeconomically disadvantaged individuals are persons who arecitizens or lawful permanent residents of the United Statesand who are: Black Americans, Hispanic Americans, NativeAmericans, Asian-Pacific Americans, Asian-IndianAmericans, Women, or a member of any additional groupthat is designated as socially and economicallydisadvantaged by the Small Business Administration.Additionally, any individual may demonstrate to the Districtby a preponderance of evidence, that s/he is socially andeconomically disadvantaged on a case-by-case basis.

(ii). An individual cannot be presumed or determined to beeconomically disadvantaged if s/he has a personal net worthwhich exceeds $750,000, excluding ownership interest in theapplicant certified DBE firm and the individual's primaryresidence. In that case, a DBE must demonstrate at least51% ownership and control by other socially andeconomically disadvantaged individuals to maintain eligibilityfor DBE certification.




FEDERAL TERMS

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C. DBE PARTICIPATION GOAL:

1. Annual Overall Goal for DBE Participation.

An annual overall goal for DBE participation in District U.S. DOT-assisted contracts is established by the District's Board of Directorson a fiscal year basis. This goal reflects the availability of willingand able DBEs that would be expected to participate in Districtcontracts absent the effects of discrimination. The goal iscalculated as a percentage of the total amount of U.S. DOT fundsthat the District expects to expend on contracting opportunitiesduring the fiscal year. The District intends to meet this goal througha combination of measures including, but not limited to:implementing procedures in the Proposal and award process toremove barriers to DBE participation; providing outreach to DBEs;providing technical assistance to DBEs; and, in some cases,establishing specific DBE participation goals for particular projectswith subcontracting opportunities.

2. Specific DBE Participation Goal/Analysis for the Performance ofthis Contract.

A specific contract DBE participation goal of TWENTY-FIVEpercent (25%) will apply to this Contract. The District has analyzedthe data regarding the availability of DBE firms to perform the workcalled for in this Contract. The District has determined that theStandard Industry Classification (SIC) Code 17, 35, 36, 37, AND87, taken from the 1997 U.S. Census, are the appropriateclassifications for this Contract, and that the combined DBEavailability factor for such SIC Code is 29% which has beenadjusted down to 25%. The District will use the 25% DBEavailability factor as the contract-specific DBE goal for this contract,as an indicator of what level of DBE participation could reasonablybe anticipated in this contract absent discrimination. As furtherdescribed below, Proposers are required to document theiractivities in the solicitation and selection of Sub-Consultant/Construction Project Managers to ensure that theselection process is carried out in a nondiscriminatory manner.




FEDERAL TERMS

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D. Available DBE Resources

The DBE Administrator shall make available the DBE Database of all theDBE firms certified to participate in the District's DBE Program as aresource to assist Proposers in soliciting sub Proposals from potentialSub-Consultant/Construction Project Managers and suppliers. The DBEDatabase does not in any way pre qualify the certified firms with respect tolicensing, bondability, competence or financial responsibility.

E. Proposer Documentation for Sub-Consultant/Construction ProjectManagers and Suppliers

The following documentation must be submitted by the close of business withinthree (3) business days following the Proposal opening.

1. Proposer DBE Report. If a Proposer intends to use DBEs, it shallsubmit the following information on the Proposer DBE Report, inthe form presented in the proposal. By submitting the ProposerDBE Report, a Proposer certifies that it is committed to using theidentified DBEs in the performance of the contract:

a. The name of DBE, contact person, telephone number, andcertification status of DBEs that will participate in the contract,along with copies of proof of DBE certification;

b. The contract item number, a description of the work that eachDBE firm will perform, and a certification that the work is acommercially useful function on the contract;

c. The dollar amount of the participation of each DBE firm andany supporting documentation, including documentation onjoint venture status or commercially useful function status;and

d. The total dollar value of the work to be performed by all DBEsand the percentage of the total contract Proposal amount ofproposed DBE participation.




FEDERAL TERMS

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e. The Proposer shall also provide written confirmation fromeach DBE firm that it is participating in the contract asprovided in the Proposer's submission.

2. Sub-Proposal Documentation.

Each Proposer must document its process for soliciting andselecting sub-Proposals. A Proposer must also submit a reportidentifying ALL sub-Proposals it received, and explaining the stepstaken to obtain DBE participation. The report shall include, but notbe limited to, documenting the following:

a. Company name, address, telephone, fax, owner's name orcontact person.

b. Whether or not the firm is a DBE.

c. Age of the firm.

d. Firm's annual gross receipts.

e. Description of work or type of materials or supplies.

f. Dollar amount of work or supplies.

g. Proposal or quote and whether or not it was accepted.

F. Description of Selection Process of Sub-Consultant/Construction ProjectManagers and Suppliers

1. Each Proposer shall provide a description of the process that wasfollowed to select the Sub-Consultant/Construction ProjectManagers and suppliers proposed to be included in this work. Thereport shall include, but not be limited to, documenting the followingefforts:

a. Soliciting through all reasonable and available means.




FEDERAL TERMS

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b. Selecting portions of the work that are economically feasiblefor small businesses.

c. Providing adequate information about plans, specificationsand requirements in a timely manner.

d. Negotiating in good faith with small business concerns.

e. Not rejecting small business concerns as unqualified withoutsound business reasons.

f. Making efforts to assist small business concerns in obtainingrequired bonding, lines of credit, or insurance.

g. Making efforts to assist small business concerns in obtainingnecessary equipment, supplies or materials.

G. Determining the Amount of DBE Participation.

1. Pursuant to 49 CFR §26.55, DBE participation includes that portionof the contract work actually performed by a certified DBE with itsown forces. A DBE may participate as a primeConsultant/Construction Project Manager, sub-Consultant/Construction Project Manager, joint venture partner, orvendor or supplier of materials or services required by the contract.

2. A DBE’s participation can only be counted if it performs acommercially useful function on the contract as defined in 49 CFR§26.55(c).

3. The District shall determine the amount of DBE participation foreach DBE performing work on the contract in terms of both the totalvalue of the work in dollars and the percentage of the total contractProposal amount. The District shall count DBE participation inaccordance with 49 CFR §26.55.

H. Recommendation for Award of Contract

1. Evaluation of Proposals




FEDERAL TERMS

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The DBE Administrator shall review all of the information submittedby Proposers in accordance with the contract documents todetermine a recommendation to the DBE Review Committee(Review Committee) and the General Manager for award ofcontract to the lowest responsible Proposer. The Proposer shallcooperate with the DBE Administrator if a request for additionalinformation is made during this evaluation process.

2. Proposer's Right to Reconsideration

In the event that the DBE Administrator determines that theapparent low Proposer has not submitted adequate documentationregarding its selection of Sub-Consultant/Construction ProjectManager, including the consideration of DBEs, the DBEAdministrator will notify the Proposer in writing. The notificationshall include the reasons for the determination and that theProposer has the right to submit further written documentation orappear before the Review Committee for reconsideration prior tothe time that a recommendation for award of contract is presentedto the Board of Directors. The Review Committee shall provide theProposer with a written decision. In the event that the ReviewCommittee concurs with the DBE Administrator's determination thatthe Proposer is non responsive, the District will deem said Proposernot responsive and the DBE Administrator will evaluate theProposer submitting the next lowest Proposal.

3. DBE Administrator's Recommendation for Award

Following the determination of the lowest responsible Proposer, theDBE Administrator shall prepare a report on the low Proposer'scompliance with the DBE Program requirements for review by theGeneral Manager and Board of Directors at the time contract awardis considered. The District will follow the award of contract andprotest procedures described in the General Conditions.




FEDERAL TERMS

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I. CONTRACT COMPLIANCE:

1. Substitution of Sub-Consultant/Construction Project Managers

The Consultant/Construction Project Manager shall not terminate aDBE Sub-Consultant/Construction Project Manager forconvenience and then perform the work with its own forces. TheConsultant/Construction Project Manager must make sufficientgood faith efforts to substitute another DBE for an original DBESub-Consultant/Construction Project Manager to achieve the DBEparticipation when the original DBE Sub-Consultant/ConstructionProject Manager is terminated or fails to complete the work on thecontract. The Consultant/Construction Project Manager shall notifythe District in writing of any request to substitute a DBE Sub-Consultant/Construction Project Manager and provide appropriatedocumentation substantiating the substitution. Any substitution of aDBE on this contract is subject to the written approval of theDistrict.

2. Prompt Payment to Sub-Consultant/Construction Project Managers

The Consultant/Construction Project Manager shall pay any Sub-Consultant/Construction Project Managers approved by the Districtfor work that has been satisfactorily performed no later than thirty(30) days from the date of Consultant/Construction ProjectManager's receipt of progress payments by the District. Withinsixty (60) days of satisfactory completion of all work required of theSub-Consultant/Construction Project Manager,Consultant/Construction Project Manager shall release anyretainage payments withheld to the Sub-Consultant/ConstructionProject Manager.

3. Reporting Requirements

The Consultant/Construction Project Manager shall maintainrecords of all DBE participation in the performance of the contract,including subcontracts entered into with certified DBEs and allmaterials purchased from certified DBEs. TheConsultant/Construction Project Manager shall complete and




FEDERAL TERMS

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submit monthly a Progress Payment/DBE Utilization Report, in aform to be provided by the District, showing the name, address,total dollar amount requested for payment and the total dollaramount actually paid to each DBE performing work. Uponcompletion of the contract, the Consultant/Construction ProjectManager shall submit a final Progress Payment/DBE UtilizationReport Form within thirty (30) days.

4. Administrative Remedies

In the event the Consultant/Construction Project Manager fails tocomply with the DBE requirements of this contract in any way, theDistrict reserves the right to implement administrative remedieswhich may include, but are not limited to, withholding of progresspayments and contract retention’s, imposition of liquidateddamages, and termination of the contract in whole or in part.

[Balance of this page intentionally left blank]




SECTION 5-ATTACHMENTS

Page 57 of 130

SECTION 5

ATTACHMENTS





COST PROPOSAL WORKSHEETSATTACHMENT 5-1

Page 58 of 130

1) Design Cost

The names of at least those key personnel for whom resumes are included should befilled in below. Add lines as needed to accommodate more names. Note that values forEstimated Hours, Hourly Rate and Cost may not be aggregated by team but must besupplied for each named individual.

Est.Hours

HourlyRate Cost

Labor

Design Project Manager:_________________________Design Team:_______________________________________________________________________________________________________________________________________________________________________________

Other.(Please define)___________________________________________________________________________

Direct Costs (Travel, Per Diem etc.)_________________________,






Page 59 of 130

2) Project Management Cost

The names of at least those key personnel for whom resumes are included should befilled in below. Add lines as needed to accommodate more names. Note that values forEstimated Hours, Hourly Rate and Cost may not be aggregated by team but must besupplied for each named individual.

Est.Hours

HourlyRate

Cost

Labor

Project Manager:_________________________Project Management Team:________________________________________________Publicoutreach 150

_____________________________________________________________________________________________________________________________Other.(Please define)___________________________________________________________________________Direct Costs (Travel, Per Diemetc.)_______________________,






Page 60 of 130

2) Summary

CostSummary

Design Cost

Project Management Cost

Public Outreach Program

Total





PROPOSERS DECLARATIONS ANDSTATEMENT OF UNDERSTANDING

ATTACHMENT 5-2

Page 61 of 130

The undersigned (hereinafter called the "Proposer") declares that he/she has read theRFQ/RFP and has authority to submit the Proposal. The Proposer understands that, inaddition to this Response Form, the RFQ/RFP and Proposer’s supporting documentsconstitute parts of the Proposal and are incorporated herein by reference. Proposeracknowledges that addenda numbers ___ through ___ have been delivered and havebeen taken into account as part of this Proposal, and that all addenda issued are herebymade part of our Proposal.

Proposer hereby designates ______________________________ as the person to

contact for additional information about our (Telephone No

Fax No: ________________________, e-mail Address: ________________________)

Internal Revenue Service (IRS) Reporting Requirements

Check one: � Corporation; � Partnership; � Sole Proprietor; � Other

Identify: State of Incorporation:

Provide one: Federal Tax Number

Social Security Number:

Identify: UBI Number Business License Number

What is the official name registered with the IRS for this number

Firm Name:

Address:

City, State, Zip

Phone Number Authorized Signature





NON COLLUSION AFFIDAVITATTACHMENT 5-3

Page 62 of 130

STATE OF CALIFORNIA )) SS

COUNTY OF )

, being first duly sworn, deposes and

says that he or she is of(Position or title)

(the Contractor/Project Manager)

the party making the foregoing contract that the contract price is not made in the interestof, or on behalf of, any undisclosed person, partnership, company, association,organization, or corporation; that the bid is genuine and not collusive or sham; that theContractor has not directly or indirectly colluded, conspired, connived, or agreed withany Contractor or anyone else to put in a sham bid, or that anyone shall refrain frombidding; that the Contractor has not in any manner, directly or indirectly, sought byagreement, communication, or conference with anyone to fix the bid price of theContractor or any other bidder, or to fix any overhead, profit, or cost element of the bidprice, or of that of any other Contractor, or to secure any advantage against the publicbody awarding the contract of anyone interested in the proposed contract; that allstatements contained in the bid are true; and, further, that the Contractor has not,directly or indirectly, submitted his or her bid price or any breakdown thereof, or thecontents thereof, or divulged information or date relative thereto, or paid, and will notpay, any free to any corporation, partnership, company, association, organization, biddepository, or to any member or agent thereof to effectuate a collusive or sham bid.

Signature and Title of AuthorizedOfficial





CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING DEBARMENT,SUSPENSION AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION

(For Prime Contracts totaling over $100,000)ATTACHMENT 5-4

Page 63 of 130

(Contractor) certifies to the best of itsknowledge and belief, that it and its principals:

Are not presently debarred, suspended, proposed for debarment, declared ineligible orvoluntarily excluded from covered transactions by any Federal department or agency;

Have not within a three year period preceding this proposal been convicted of or had a civiljudgment rendered against them for commission of fraud or a criminal offense in connectionwith obtaining, attempting to obtain or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitruststatutes or commission of embezzlement, theft, forgery, bribery, falsification or destructionof records, making false statements or receiving stolen property;

Are not presently indicted for or otherwise criminally or civilly charged by a governmentalentity (Federal, State or local) with commission of any of the offenses enumerated inparagraph (2) of this certification; and

Have not within a three year period preceding this proposal had one or more publictransactions (Federal, State or local) terminated for cause or default.

If the Proposed Subcontractor is unable to certify to any of the statements in thiscertification, it shall attach an explanation to this certification.

(Subcontractor) _______________________, CERTIFIES OR AFFIRMS THETRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTSSUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THEPROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official






(For Subcontracts totaling over $100,000)ATTACHMENT 5-5

Page 64 of 130

(Subcontractor) ________________________________ certifies to the best of itsknowledge and belief, that it and its principals:

Are not presently debarred, suspended, proposed for debarment, declared ineligible orvoluntarily excluded from covered transactions by any Federal department or agency;

Have not within a three year period preceding this bid been convicted of or had a civiljudgment rendered against them for commission of fraud or a criminal offense inconnection with obtaining, attempting to obtain or performing a public (Federal, State, orlocal) transaction or contract under a public transaction; violation of Federal or Stateantitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements or receiving stolen property;

Are not presently indicted for or otherwise criminally or civilly charged by agovernmental entity (Federal, State or local) with commission of any of the offensesenumerated in paragraph (2) of this certification; and

Have not within a three year period preceding this bid had one or more publictransactions (Federal, State or local) terminated for cause or default.


(Subcontractor) _______________________, CERTIFIES OR AFFIRMS THETRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTSSUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THEPROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLETHERETO.







(For Subcontracts totaling $100,000 or less)

ATTACHMENT 5-6

Page 65 of 130

(Subcontractor) _________________________ certifies, by submission of thisproposal, that neither it nor its principals are presently debarred, suspended, proposedfor debarment, declared ineligible or voluntarily excluded from participation in thistransaction by any Federal department or agency.


(Subcontractor) _______________________, CERTIFIES OR AFFIRMS THETRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTSSUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THEPROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLETHERETO.






CERTIFICATION REGARDING LOBBYING

ATTACHMENT 5-7

Page 66 of 130

I, _______________________________ (Name and Title of Authorized Official), hereby

certify on behalf of __________________________ (Subcontractor) that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of theundersigned, to any person for influencing or attempting to influence an officer oremployee of an agency, a Member of Congress, an officer or employee of Congress, oran employee of a Member of Congress in connection with the awarding of any Federalcontract, the making of any Federal grant, the making of any Federal loan, the enteringinto of any cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any Federal contract, grant, loan, or cooperativeagreement.If any funds other than Federal appropriated funds have been paid or will be paid to anyperson for influencing or attempting to influence an officer or employee of any agency, aMember of Congress, an officer or employee of Congress, or an employee of a Memberof Congress in connection with this Federal contract, grant, loan, or cooperativeagreement, the undersigned shall complete and submit Standard Form-LLL, “DisclosureForm to Report Lobbying”, in accordance with its instructions.The undersigned shall require that the language of this certification be included in theaward documents for all sub awards at all tiers (including subcontracts, sub grants, andcontracts under grants, loans, and cooperative agreements) and that all sub recipientsshall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placedwhen this transaction was made or entered into. Submission of this certification is aprerequisite for making or entering into this transaction imposed by Section 1352, Title31, U.S. Code. Any person who fails to file the required certification shall be subject toa civil penalty of not less than $10,000 and not more than $100,000 for each suchfailure.






LOBBYING ACTIVITIES

ATTACHMENT 5-8

Page 67 of 130

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 13521. Type of Federal Action: �

a. Contractb. Grantc. Cooperative agreementd. Loane. loan guarantee f. loan insurance

2. Status of Federal Action: �

a. proposal/offer/applicationb. initial awardc. post-award

3. Report Type: �

a. initial filingb. material change

For Material Change Only:Year _____ Quarter _____

Date of Last Report:______________________

4. Name and Address of Reporting Entity:� Prime � Subawardee

Tier ____, if known

Congressional District, if known:

5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, If applicable: ____________Federal Action Number, if known: Award Amount, if known:

$10a. Name and Address of Lobbying Entity (lastname, first name, MI):

(attach continuation sheet(s) SF-LLL-A, if necessary)

b. Individuals Performing Services (includingaddress if different from No. 10a)

(last name, first name, MI):11. Amount of Payment (check all that apply):

$________________ � Actual � Planned

12. Form of Payment (check all that apply):

� Cash� in kind, specify nature_________________Value _______________

13. Type of Payment (check all that apply):

� a. retainer� b. one-time fee� c. commission� d. contingent fee� e. deferred� f. other, specify:________________________________

14. Brief description of Services Performed and Date(s) of Service, Including officer(s), employee(s), orMembers(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)15. Continuation Sheet(s) SF-LLL-A attached: � Yes � No





LOBBYING ACTIVITIES

ATTACHMENT 5-8

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16. Information requested through this form isauthorized by title 31 U.S.C. section 1352. Thisdisclosure of lobbying activities is a materialrepresentation of fact upon which reliance was placedby the tier above when this transaction was made orentered into. This disclosure is required pursuant to 31U.S.C. 1352. This information will be reported toCongress semi-annually and will be available for publicinspection. Any person who fails to file the requireddisclosure shall be subject to a civil penalty of not lessthan $10,000 and not more than $100,000 for eachfailure.

Signature: ________________________________Print Name: ________________________________Title: _____________________________________Telephone No.: _____________________________

Federal Use Only: Authorized for LocalReproduction StandardForm - LLL




SECTION 5-ATTCHMENTS

DISCLOSURE OF GOVERNMENTAL POSITIONS

ATTACHMENT 5-9

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List all Proposers and Subcontractors employees who within the last twelve monthshave held or do hold any positions as directors, officers, Consultant/ConstructionProject Managers or employees of any federal, state, or local governmental agency, ordistrict.




SECTION 5-ATTCHMENTS

DBE (MINORITY WOMEN) INFORMATION REPORT

ATTACHMENT 5-10

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Proposer's Name:

Name(s) of DBE Enterprise Description of Work/Services/Supplies

Dollar Value

Authorized Signature: Date:




PERFORMANCE SPECIFICATIONS

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PERFORMANCE SPECIFICATIONS FOR HYDROGEN REFUELINGAND MAINTENANCE FACILITIES

Los Angeles, CaliforniaOctober 11, 2002

This report is confidential and intended solely for the use andinformation of the company to whom it is addressed.




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6.1 INTRODUCTION

The purpose of this specification is to provide performance and safety-relatedrequirements for the detailed design and project management of facilities neededto support a fuel cell bus demonstration project at Alameda-Contra Costa TransitDistrict's (AC Transit or District) Seminary Division in Oakland, California. Thenecessary facilities include construction of a hydrogen bus refueling site andmodifications to selected maintenance bays. The detailed design shall be usedas the District’s specification to obtain proposals for the construction of therequired facilities. To put the recommendations in the appropriate context, somebackground information about the District's demonstration project and fuel cellbuses in general, are presented in this chapter.

6.2 PROJECT OVERVIEW

AC Transit is seeking proposals from qualified firms to provide design,engineering, and construction management services to complete a hydrogenfueling facility and maintenance shop modifications at the Seminary Division inOakland. The scope includes system design, equipment selection, bid documentpreparation, contractor selection, construction oversight, start-up, and operationsand maintenance training.

Upon contract award, AC Transit is requesting the Consultant to prepare a lifecycle and cost analysis which outlines the various hydrogen production, storageand delivery methods. The study shall include a comparison of fueling optionsspecific to the vehicle procurement currently underway. Upon completion of thisanalysis, the Consultant shall meet with AC Transit staff to determine the mostsafe, reliable, cost-effective method to produce, store, and dispense hydrogenfuel. This task shall include the following activities:

1. Collecting Facility Data and Hydrogen Vehicle Specifications

a. Review site conditions and as-built drawings

b. Obtain utility information and capacities

c. Determine specific requirements of the demonstration buses andlight duty vehicles

d. Produce requirements for fueling facility and Maintenance Shopmodifications




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2. Formulate Hydrogen Supply Options

a. Evaluate various hydrogen supply alternatives

b. Prepare a fueling system life–cycle cost and benefit analysis

c. Meet with AC Transit staff to select most reliable, cost effectivepath

An aggressive schedule is required to meet the bus delivery time frame. Aphased approach may be necessary to have a fueling station ready for vehicledelivery in third or fourth quarter in 2004. Possible options may includeconstructing the fueling station in the first phase and completing MaintenanceShop modifications in the second phase.

As part of the Consultants work to prepare design, engineering, and constructiondocuments, AC Transit is requesting specific outreach activities to inform as wellas educate the public and other agencies.

The outreach component is estimated to be 150 hours of consulting time. It isdifficult to estimate the exact number of hours AC Transit plans to utilize for thistask. An allowance shall be included in the Consultants overall cost. Any hoursexceeding this amount and approved by AC Transit will be handled as a contractamendment. The scope of this activity includes providing support for varioustypes of public meetings and forums to educate, answer questions, and providetechnical assistance. Because of the proximity to schools, neighborhoods, andBART, the District expects to present information to school boards, city council,and other agencies including potential environmental groups. The Consultantmay be required to prepare technical reports and other project status to strategicpartners such as the California Fuel Cell Partnership and the California EnergyCommission.

During the planning and permit process an unknown number of hours may berequired for liaison with local agencies such as the City, County, regulatory typeagencies. The task includes preparation of responses / presentations, attendingvarious committees, and AC Transit Board meetings to support the technicalaspects of the project. Assist the Public Relations Department in preparing pressreleases and conduct possible site visits/tours on an as-needed basis.

Specific training for emergency responders will be necessary. The Consultantshall organize, schedule and conduct safety and emergency response training




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sessions as necessary. Responders may include Cal Trans, CHP, Sheriff, localFire and Police services. Training shall include specific hazards of vehicleoperation and mitigation of environmental and safety hazards from the fuelingequipment and facility.

6.3 AC TRANSIT DISTRICT PROJECT

AC Transit District provides public transit service to approximately 222,000 ridersdaily. The District's service area extends from western Contra Costa County tosouthern Alameda County in the San Francisco-Oakland Bay Area. It operates afleet of over 700 buses, which are stationed at four divisions throughout itsservice territory.

In coordination with the California Fuel Cell Partnership, AC Transit will serve asthe primary demonstration test site in Northern California of hydrogen fuel cellbuses. The purpose of the demonstration program is to facilitate thecommercialization of fuel cell engine technology by the California transit industry.The District intends to implement a hydrogen fuel cell bus demonstrationprogram, with three (3) buses delivered in 2004, and an option for five (5)additional buses.

The District is presently in the process of procuring the first three (3) hydrogenfuel cell buses. The buses will be operated in normal revenue service with adesired range goal of 350 miles per fill. Each bus will be equipped with roof-mounted compressed hydrogen storage containers.

The District's Seminary Division, located in the City of Oakland, has beenselected as the home of the fuel cell demonstration program. Reconstructed in1987, Seminary presently houses 228 diesel buses and will need to be modifiedto accommodate refueling and servicing of the fuel cell buses.

6.4 PURPOSE OF SPECIFICATION

The purpose of this specification is to present performance recommendations toenable the District to solicit proposals from qualified EngineeringDesign/Construction Project Management firms for a comprehensive constructionspecification, which in turn shall be used to solicit proposals from qualifiedcontracting firms for the construction of the facilities required by AC Transit tosupport its hydrogen fuel cell bus program. This specification describes therequirements of the District for refueling its fleet of hydrogen fuel cell buses. Italso contains design recommendations for modifying existing maintenance bays.




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Due to the nascent nature of hydrogen use for motor vehicles, codes orregulations that address requirements for facilities used to house or repairhydrogen fuel cell vehicles are not well established. In some cases, neededfacility modifications must be interpreted from general requirements contained inthe various codes for flammable gases, supplemented by an understanding ofthe properties of hydrogen and sound engineering judgment, practices, andproject management. Communications with local permitting officials arerecommended as early in the project as possible, so that any special localrequirements, beyond the provisions in federal and state standards and codes,are incorporated in the design.

Using the performance requirements contained in these procurement documents,the District intends to procure the services of a qualified EngineeringDesign/Construction Project Management firm to design and project manage theconstruction and modification of the facilities at Division 4.

6.5 SAFETY-RELATED REQUIREMENTS FOR HYDROGEN

This section provides some background information about the key safety featuresof hydrogen fuel and summarizes important code requirements for hydrogen-related facilities. The discussion provided in this section is intended forinformational purposes only. The Consultant must conduct an independentevaluation of safety-related requirements to assure that the District's hydrogenfacilities are designed for safe use by personnel and comply with all applicablecodes and regulations.

6.6 SAFETY PROPERTIES OF HYDROGEN FUEL

The following safety-related properties of hydrogen are summarized to providethe reader with some background about key safety features of hydrogen fuel.

A. Hydrogen is a colorless and odorless gas. It burns with a pale blue,almost invisible flame, which is often detected visually in daylight only byobserving the heat waves.

B. The lightest of all elements, the density of hydrogen is about 1/15th thedensity of air. When released from a container, hydrogen will quickly riseupward and disperse. In the absence of strong air currents, the gas willtend to settle along the highest points in a facility or may become trappedin pockets. Hydrogen readily migrates through small openings.




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C. Hydrogen gas is flammable when its concentration is 4 to 74 percent in airby volume. It is detonable in air at concentrations from 18.2 to 58.9percent by volume.

D. Within its flammable range, hydrogen can be ignited by a small amount ofenergy (0.02 mJ), including static electricity. Hydrogen can autoigniteupon contact with surfaces with temperatures of 932 degrees F (500degrees C) or greater.

E. Hydrogen is non-toxic, and minor contact with the gas poses no healthrisks. However, in very large releases, hydrogen can displace the oxygenin an area surrounding a vapor cloud. Any person exposed to a largehydrogen cloud will experience dizziness, then unconsciousness, andfinally asphyxia. These symptoms can also occur to any person inhalingair which contains a large concentration of hydrogen.

F. In most cases, hydrogen fires should be allowed to burn until the gassupply is stopped or consumed. Water can be used to cool and protectadjacent equipment and materials, but water should not be applied directlyto a hydrogen fire while combustible gas is still present.

G. Hydrogen is non-corrosive but can cause material embrittlement(weakening of the structure) if exposed to certain metals for long periodsof time. Some materials suitable for liquefied hydrogen include austeniticchromium-nickel alloys, certain copper alloys, and aluminum.

Table 6-7 provides a comparison of the safety properties of hydrogen and otherautomotive fuels.




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Table 6-7 Fire Safety Properties of Hydrogen and Other Automotive Fuels

Hydrogen Gasoline Diesel (#2) MethaneAutoignition Temperature(from MSDS)

932°F(500°C)

495°F(257°C)

480°F(250°C)

999°F(537°C)

Autoignition Energy in Air 0.02 mJ 0.24 mJFlame Temperature in Air 4010°F

(2045°C)3987°F(2197°C)

3484°F(1918°C)

Lower Flammable Limit 4% 1.4% 0.6% 5%Upper Flammable Limit 74% 7.6% 5.5% 15%Gas or Vapor DensityRelative to air (at STP)

0.07 2 to 4 4 to 5 0.6

Boiling Point at 1 atm. -422°F(-252°C)

80 to 437°F(25 to 225°C)

350 to 650°F(180 to345°C)

-259°F(-162°C)

Health Hazard ID1,2 0 1 0 1Flammability Hazard ID3 4 3 2 4Reactivity Hazard ID4 0 0 0 0Table 6.7 Notes:

1. Hazard IDs have been established by fire protection officials to rate the degree ofhazard involved with fighting a fire caused by a particular material. An ID of 0implies little hazard, while a rating of 4 signifies a significant hazard. Furtherinformation about hazard ratings is provided in NFPA 325.

2. A health hazard ID of 1 means that on exposure, the material would causeirritation, but only minor residual injury. An ID of 0 means that the material posesno health hazard on exposure under fire conditions beyond that of ordinarycombustion.

3. A flammability ID of 4 means that the material is extremely susceptible to ignitionand burning. The preferred method of fire attack is to stop the flow of material orto protect exposures while allowing the fire to burn itself out. An ID of 3 meansthat the material can be easily ignited under almost all normal temperatureconditions, and water may be ineffective in controlling or extinguishing fires insuch materials. An ID of 2 means that the material must be moderately heatedbefore ignition will occur; water spray may be used to extinguish fires becausethe material can be cooled below its flash points.




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4. A reactivity ID of 0 means that the material does not normally release energyeither by itself or when in contact with water, even under fire exposureconditions.

6.8 REQUIREMENTS FOR HYDROGEN REFUELING FACILITIES

A. The key codes that contain requirements for hydrogen refueling facilitiesare contained in:

1. NFPA 50A, Standard for Gaseous Hydrogen Systems at ConsumerSites

2. NFPA 50B, Standard for Liquefied Hydrogen Systems at ConsumerSites

3. Article 52 – Motor Vehicle Fuel-Dispensing Stations, California FireCode (CFC)

4. Article 75 – Cryogenic Fluids, CFC

5. Uniform Fire Code Standard 80-3, Flammable Cryogenic FluidSystems at Consumer Sites

The latest revisions of applicable codes and regulations shall be used.

B. The following section summarizes some of the key requirements forhydrogen refueling facilities based on a review of the above referencedcodes and standards. Where provisions may differ between the variouscodes and standards, the most conservative requirement was assumed toapply.

6.9 SETBACKS AND LOCATION

A. NFPA 50A, 50B and Article 52 of the CFC list the setbacks for hydrogensystems to various exposures. For liquefied hydrogen storage from15,001 to 75,000 gallons in capacity, and gaseous hydrogen storagegreater than 15,000 scf, some of the key setbacks are:

1. 5 ft. from the inlet to underground sewers; between stationaryliquefied hydrogen containers; protective structures, walls of




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buildings of Type I or Type II construction with sprinklers; unloadingconnections.

2. 25 ft. from weeds or similar combustibles.

3. 50 ft. from open flames and welding; unopenable wall openings,walls of buildings of Type III, IV or V construction with sprinklers.

4. 75 ft. from public ways, railroads and property lines, places ofpublic assembly; flammable gas storage other than hydrogen; aircompressor intakes or inlets for air conditioning or ventilatingequipment, openable wall openings, walls of buildings of Type I orType II construction without sprinklers.

5. 100 ft. from combustible solids, all classes of flammable andcombustible liquids; walls of buildings of Type III, IV or Vconstruction without sprinklers.

B. In general, setbacks and location requirements for liquefied hydrogenstorage are more restrictive than for compressed hydrogen storage. Note1 of Table 3-2.2, NFPA 50B provides that if a protective structure, such asa wall, of at least 2 hours fire resistance rating, interrupts the line of sightbetween the uninsulated portions of the liquefied hydrogen system and theexposure, several of the above distances can be reduced by two-thirds,but not less than 5 ft. All setbacks must be verified and approved by theauthorities having jurisdiction.

C. Other requirements for location of hydrogen storage systems are:

1. Systems shall not be located beneath, or where exposed by failureto, electric power lines and piping containing all classes offlammable and combustible liquids or gases. (NFPA 50B, 3-1.2)

2. Where a liquefied hydrogen container is installed on ground that islevel with, or lower than adjacent flammable or combustible or liquidor gas storage, suitable protective means shall be taken such as bydiking, diversion curbs, or grading to prevent accumulation ofliquids within 50 ft. of the liquefied hydrogen container. (NFPA 50B,3-1.3)




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3. Storage sites shall be fenced and posted to prevent entrance byunauthorized personnel. Sites shall also be placarded as follows:"LIQUEFIED HYDROGEN – FLAMMABLE GAS – NO SMOKING –NO OPEN FLAMES.” (NFPA 50B, 3-1.4)

4. Gaseous hydrogen systems shall be located aboveground, at orabove grade. (NFPA 50A, 3-1.2)

5. Dispensing devices shall be protected against physical damagefrom vehicles by mounting on a concrete island 6 inches or more inheight or by other approved methods. When dispensing devicesare mounted at grade, they shall be protected at each end with aminimum of two concrete filled steel posts. (CFC 5201.5.1)

6. Roadways and yard surfaces located below liquefied hydrogenpiping, and areas under the fill connections and delivery vehicle'suninsulated hydrogen piping from which liquid air may drip, shall beconstructed of noncombustible materials. Asphaltic and bitumasticpaving shall be considered combustible. (NFPA 50B, 4-1.1)

7. If walls, roofs, weather shelters or canopies are provided, they shallbe constructed of Type I or Type II construction. (UFC 80-3, 4-1.2)

6.10 ELECTRICAL AREA CLASSIFICATION

Per Table 2-9 of NFPA 50B, electrical wiring and equipment in outdoor facilitiesshall be Group B, Class I, Division 1, within 3 ft. of the point where connectionsare regularly made and disconnected. Group B, Class I, Division 2 classificationshall apply between 3 ft. and 25 ft. of the connection point. The liquefiedhydrogen container and associated piping shall be electrically bonded andgrounded in accordance with Article 250 of the National Electrical Code. (NFPA50B, 2-10)

6.11 EQUIPMENT REQUIREMENTS

A. Storage containers for liquefied and gaseous hydrogen shall be designed,constructed and tested in accordance with the ASME Boiler and PressureVessel Code, Section VIII, "Rules for the Construction of PressureVessels." Portable containers shall be designed, constructed and testedin accordance with U.S. Dept. of Transportation specifications andregulations.




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B. Permanently installed containers shall be provided with substantialsupports of noncombustible material securely anchored on firmfoundations of noncombustible material. Steel supports in excess of 18inches in height shall be protected with protective coating having a 2-hourfire resistance rating. (NFPA 50B, 2-2) Each liquid storage containershall be legibly marked to indicate "LIQUEFIED HYDROGEN –FLAMMABLE GAS.” (NFPA 50B, 2-3) Gas storage containers shall belegibly marked with the name HYDROGEN or a legend such as "This unitcontains hydrogen.” (NFPA 50A, 2-1.3)

C. Hydrogen storage containers shall be equipped with pressure reliefdevices sized in accordance with CGA S-13, Pressure Relief DeviceStandards – Part 3 – Compressed Gas Storage Containers. Pressurerelief devices shall be arranged to discharge unobstructed to the outdoorsand in such a manner as to prevent impingement of escaping liquid or gasupon the container, adjacent structures, or personnel. Pressure reliefdevices and vent piping shall be designed or located so that moisturecannot collect and freeze in a manner that would interfere with properoperation of the device. A sign shall be placed on the container near thepressure relief valve vent stack or on the vent stack that warns againstspraying water on or in the vent opening. (NFPA 50B, 2-4)

D. Means shall be provided to minimize exposure of personnel to pipingoperating at low temperatures and to prevent air condensate fromcontacting piping, structural members, and surfaces not suitable forcryogenic temperatures. Uninsulated piping and equipment that operateat liquefied hydrogen temperature shall not be installed above asphaltsurfaces or other combustible materials in order to prevent contact ofliquid air with such materials. (NFPA 50B, 2-5)

E. On liquefied hydrogen storage containers of over 2,000 gallons capacity, ashutoff valve shall be located in liquid product withdrawal lines as close tothe container as practical. The shutoff valve shall be of the remote controltype with no connections, flanges, or other appurtenances (other than awelded manual shutoff valve) allowed in the piping between the shutoffvalve and its connection to the inner container. Cabinets or housingscontaining hydrogen control equipment shall be ventilated to prevent anyaccumulation of hydrogen gas. (NFPA 50B, 2-6)




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6.12 REQUIREMENTS FOR HYDROGEN AND NATURAL GAS VEHICLEMAINTENANCE FACILITIES

A. The key codes that contain requirements for hydrogen and natural gasvehicle maintenance facilities are contained in:

1. Article 29 – Repair Garages, CFC

2. Article 74 – Compressed Gases, CFC

3. Article 75 – Cryogenic Fluids, CFC

4. Article 80 – Hazardous Materials, CFC

5. NFPA 70, National Electrical Code

6. NFPA 88, Standard for Repair Garages

7. NFPA 497A, Recommended Practice for Classification of Class IHazardous (Classified) Locations for Electric Installations inChemical Process Areas

B. The latest revisions of applicable codes and regulations shall be used.

6.13 VENTILATION

A. Section 2903 of Article 29, CFC requires that repair garages used for therepair of hydrogen- and natural gas-fueled vehicles be provided with anapproved mechanical ventilation system. The mechanical ventilationsystem shall be independent of the heating and air conditioning systems.

B. The mechanical ventilation system shall exhaust a minimum of 1 cubicfoot per minute per square foot (cfm/ft2) of repair garage space. Exhaustinlet openings shall be located within 6 inches of the highest point in thegarage in the exterior walls or roof. For repair garages where liquid fuelsare also present, there shall also exist exhaust inlets that are within 6inches of the floor. Make-up air inlet openings shall be located within 6inches of the floor. Exhaust duct openings shall be located to effectivelyremove flammable vapor accumulations from all parts of the repair area.Exhaust discharge shall be directed to a safe location outside of thebuilding. When liquefied natural gas (LNG) vehicles are repaired within a




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building having a basement or pit where flammable vapors couldaccumulate, the basement or pit shall be provided with ventilationdesigned to prevent the accumulation of flammable vapors therein.

C. The mechanical ventilation system shall operate continuously. Anexception is allowed for mechanical ventilation systems that areinterlocked with a qualified gas detection system.

D. Section 8003.1.4.2 provides that exhaust ventilation shall not berecirculated within the room or building if the materials stored are capableof emitting hazardous vapors.

E. NFPA 50B 4-2.2 recommends that for applications utilizing liquidhydrogen, both the inlet and outlet vent openings have a minimum totalarea of 1 ft2 per 1000 cubic foot of room volume.

6.14 GAS DETECTION SYSTEM

A. Section 2903 of Article 29, CFC requires that repair garages used forrepair of hydrogen- and natural gas-fueled vehicles be provided with anapproved flammable gas detection system. The gas detection systemshall be calibrated to the types of fuels or gases used by vehicles to berepaired. It shall be designed to activate when the level of flammable gasexceeds 25 percent of the lower explosive limit (LEL).

B. The gas detection system shall be capable of simultaneously detectingboth hydrogen and natural gas.

C. Activation of the gas detection system shall result in the following:

1. Initiation of distinct audible and visual alarm signals in the repairgarage,

2. Deactivation of all heating systems located in the repair garage,and

3. Activation of the mechanical ventilation system.

D. Failure of the gas detection system shall result in the deactivation of theheating system and activation of the mechanical ventilation system.




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6.15 ELECTRICAL SYSTEMS AND IGNITION SOURCES

A. Article 29 of the CFC contains no specific requirements for electricalsystems or ignition sources in repair garages for hydrogen- and naturalgas-fueled vehicles. In fact, there are no provisions in national or statecodes and standards specifically pertaining to electrical systems andignition sources in maintenance facilities where hydrogen- and naturalgas-fueled vehicles are repaired. Consequently, the appropriaterequirements are determined through interpretations of more generalprovisions.

B. Electrical Systems

NFPA 70, the National Electrical Code, requires the use of specialelectrical equipment in areas where an ignitable mixture may be formeddue to the presence of combustible material. Atmospheres containinghydrogen and/or natural gas would be categorized as a Class I, Group Blocation, i.e., a location in which flammable gases or vapors are or may bepresent in quantities sufficient to produce explosive or ignitable mixtures(NFPA 70, Article 500-5). A Class I location can be further categorizedinto two Divisions, or remain unclassified:

(a) Class I, Division 1. A Class I, Division 1 location is a location (1) inwhich ignitible concentrations of flammable gases or vapors can existunder normal operating conditions; or (2) in which ignitible concentrationsof such gases or vapors may exist frequently because of repair ormaintenance operations or because of leakage; or (3) in whichbreakdown or faulty operation of equipment or processes might releaseignitible concentrations of flammable gases or vapors, and might alsocause simultaneous failure of electric equipment.

(b) Class I, Division 2. A Class I, Division 2 location is a location (1) inwhich volatile flammable liquids, or flammable gases are handled,processed, or used, but in which the liquids, vapors or gases will normallybe contained within closed containers or closed systems from which theycan escape only in case of accidental rupture or breakdown of suchcontainers or systems, or in case of abnormal operation of equipment; or(2) in which ignitible concentrations of gases or vapors are normallyprevented by positive mechanical ventilation, and which might becomehazardous through failure or abnormal operation of the ventilatingequipment; or (3) that is adjacent to a Class I, Division 1 location, and to




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which ignitible concentrations of gases or vapors might occasionally becommunicated unless such communication is prevented by adequatepositive-pressure ventilation from a source of clean air, and effectivesafeguards against ventilation failure are provided. (emphasis added,NFPA 70, Article 500-5)

C. Article 511 of NFPA 70 specifies requirements for classifying variousareas of commercial garages. These requirements were written forvolatile flammable liquids (e.g., gasoline) and do not specifically considerhydrogen or natural gas. Article 511 states:511-3 Class I Locations. Classification under Article 500.

(a) Up to a Level of 18 in. (457 mm) Above the Floor. For each floor,the entire area up to a level of 18 in. (457 mm) above the floor shall beconsidered to be a Class I, Division 2 location.

Exception: Where the enforcing agency determines that there ismechanical ventilation providing a minimum of four airchanges per hour.

(b) Any Pit or Depression Below Floor Level. Any pit or depressionbelow floor level shall be considered to be a Class I, Division 1 location,which shall extend up to said floor level, except that any pit or depressionin which six air changes per hour are exhausted at the floor level of the pitshall be permitted to be judged by the enforcing agency to be a Class I,Division 2 location. (NFPA 70, Article 511)

D. Heavier than air in both the liquid and vapor state, spilled or leakedgasoline will tend to accumulate near the floor level, seeping into below-floor pits and depressions where possible. Thus, items (a) and (b) ofArticle 511, NFPA 70 aim to protect against the hazards of gasoline spillsby preventing the ignition of gasoline-air mixtures near or below floor level.Hydrogen and natural gas, however, will tend to accumulate near theceiling level. Therefore, for hydrogen and natural gas maintenancefacilities, it would be logical to extend the requirements of Article 511 asapplying near the ceiling and any openings or protuberances in the ceiling.Note, however, that electrical classification is not necessary if theventilation rate exceeds minimum required levels.

E. Guidance for determining whether an area can remain unclassified isfound in NFPA 497A, Recommended Practice for Classification of Class I




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Hazardous (Classified) Locations for Electric Installations in ChemicalProcess Areas. A chemical process area is any location where flammablegases, vapors or liquids are processed or handled and where their releaseinto the atmosphere may result in ignition by electrical systems orequipment. NFPA 497A provides the criteria for unclassified areas:

2-6.1 Experience has shown that the release of ignitible mixtures fromsome operations and apparatus is so infrequent that area classification isnot necessary. For example, it is not usually necessary to classify thefollowing locations where combustible material are processed, stored, orhandled:

(a) Locations that are adequately ventilated, where combustiblematerials are contained within suitable, well-maintained, closedpiping systems.

(b) Locations that are not adequately ventilated but where pipingsystems are without valves, fittings, flanges and similar accessoriesthat may be prone to leaks.

(c) Locations where combustible materials are stored in suitablecontainers. (emphasis added, NFPA 497A, 2-6.1)

F. NFPA 497A also states that:

2-6.4 Open flames and hot surfaces associated with the operation ofcertain equipment, such as boilers and fired heaters, provide inherentthermal ignition sources. Electrical classification is not appropriate in theimmediate vicinity of these facilities. Consideration should be given,however, to potential leak sources in pumps, valves, etc., or in wasteproduct and fuel lines feeding flame- or heat-producing equipment to avoidinstalling electrical devices which could then become primary ignitionsources for such leaks. (NFPA 497A, 2-6.4)

G. As summarized above, the criteria for Division 1, 2 or unclassifiedlocations are not precisely defined and therefore subject to someinterpretation. Based on the foregoing code review, Booz Allen’sinterpretation is summarized as follows. Because onboard hydrogen andnatural gas fuel systems are closed and will leak only in abnormalsituations, classification of the entire electrical system is unnecessarywhen there is a working mechanical ventilation system. However, in




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cases where the ventilation system is inadequate or unreliable, thenDivision 2 classification of key electrical systems is required. If an addedmargin of safety is desired, electrical equipment located near the ceilinglevel should be considered for Division 2 electrical classification,regardless of the characteristics of the mechanical ventilation system.

H. Ignition Sources

In addition to electrical systems, other potential ignition sources include heatingsystems, open flames from heaters or boilers, and heat or sparks produced byactivities such as grinding, sawing and welding. Code requirements that pertainto these ignition sources include:

2904.1 General. Sources of ignition shall not be within 18 inches (457.2mm) of the floor. Smoking and open flames shall be prohibited in areasused for servicing internal combustion engines. (CFC 2904.1)

3-2.2 Location of Heating Equipment. Heating equipment shall beinstalled in a detached building or room, separated from repair areas bywalls or partitions, floor, or floor-to-ceiling assemblies that are constructedso as to prohibit the transmission of vapors and having a fire resistancerating of not less than one (1) hour with no openings in the wall separatingthe repair area within 8 ft of the floor. (remainder of paragraph not shown,NFPA 88B, 3-2.2)

3-2.3.1 Approved suspended unit heaters shall be located not less than 8ft above the floor and installed in accordance with the conditions of theirapproval. (NFPA 88B, 3-2.3.1)

3-4.2.1 Operations involving open flame or electric arcs, including fusiongas and electric welding, shall be restricted to areas specifically providedfor such purposes. Cutting and welding, and related fire preventionprecautions, shall be in accordance with the requirements of NFPA 51B,Standard for Fire Prevention in Use of Cutting and Welding Processes.(NFPA 88B, 3-4.2.1)

6.16 STANDBY POWER

A. Section 8003.1.8 of Article 80, CFC contains a requirement for standbypower. The section states that when mechanical ventilation, treatmentsystems, temperature control, alarm, detection or other electrically




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operated systems are required, such systems shall be connected to asecondary source of power to automatically supply electrical power in theevent of loss of power from the primary source.

B. CFC 8003.1.5 references NFPA 70, NEC, which states in Article 701 thatfor a battery back-up system, the minimum duration shall be 1.5 hours,and for a generator set, the minimum duration shall be 2 hours. It alsostates that an uninterruptible power supply (UPS) shall be subject to theabove two requirements.

6.17 OPERATING PROCEDURES

Section 2903 of Article 29, CFC imposes some requirements for personnelhandling of hydrogen- and natural gas-fueled vehicles. When repairing anyportion of the vehicle fuel system, vehicle fuel shutoff valves shall be closed.Vehicles that have sustained damage to the fuel system shall be inspected andevaluated for fuel system integrity prior to being brought into the repair garage.The inspection shall include testing of the entire fuel delivery system using a gasdetector.

6.18 HYDROGEN REFUELING FACILITY REQUIREMENTS

This section provides a description of a gaseous hydrogen refueling station to bedesigned and project managed, at the AC Transit District's Seminary facilitylocated at 1100 Seminary Ave. in Oakland, California. A site plan of the facility isshown as Exhibit 3-2. The purpose of this section is to document the District'sperformance needs for the refueling station and other contract requirements insufficient detail to allow an experienced Consultant to produce a comprehensivedesign, and prepare construction cost estimates and project manage thehydrogen refueling station.

A. Scope of Work

1. The work specified in this section consists of the comprehensivedesign and project management and start-up testing of all systemsnecessary for a compressed hydrogen dispensing facility for transitbuses.

2. Specific items to be designed and project managed by theConsultant shall include, but not be limited to, the following:




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a. An outdoor hydrogen storage and dispensing facility that iscapable of dispensing compressed hydrogen for transit busand light-duty vehicle applications.

b. All equipment necessary to produce the required amount ofcompressed hydrogen.

c. A fully functional facility for safely defueling transit buses ofcompressed hydrogen.

d. Concrete pad(s), other foundation work, and crash protectionbarriers.

e. All labor required, periodic inspections, 24-hour emergencyresponse, to assure the proper operation and functionality ofthe refueling system.

f. Operating and safety training.

g. A system safety certification program.

3. The District shall supply the following items only:

a. The land upon which the refueling facility will be constructed,including road access for all deliveries.

b. Access to the property throughout the entire planning andconstruction phase and for fuel deliveries and servicing.

c. Access to the existing electrical power service at Seminary(does not include any trenching, conduits or connectionsneeded to reach the refueling area). The Contractor shallverify that the voltage, amperage, and current are suitablefor the hydrogen refueling facility in addition to its currentuses.

d. Access to a municipal water supply (does not includetrenching, piping, or connections needed to reach therefueling area).




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e. Access to a telephone communications system (does notinclude trenching, piping, or connections needed to reachthe refueling area).

f. Access to the existing backup diesel generator located at thediesel refueling island at Seminary. The Contractor shallverify that the electrical output of the generator is adequatefor the hydrogen refueling facility in addition to its currentuses.

g. Access to the existing shop air compressors at Seminary.

h. A primary designated point-of-contact throughout the project.

4. The Consultant shall field verify the existing conditions pertinent tothe work prior to design, which would impact the design, fabrication,or construction. The District makes no warranty that any drawingsit may provide are up-to-date and correct. Field conditions thatdeviate from the drawings shall be brought to the attention of theDistrict.

B. Consultant Qualifications

1. The Consultant shall utilize regularly employed personnel withtechnical backgrounds and project management in the use,handling, and processing of cryogenic gases and compressedgases. The work specified in this section shall be performed byqualified individuals and firms skilled and licensed, as required, intheir particular trade by such authority governing the licensing ofthe required trade and if applicable, the State of California.

2. The Consultant shall provide contact names, addresses, telephonenumbers and work descriptions of a minimum of three (3) priorcontracts that demonstrate the Contractor's experience in the use,handling, and processing of cryogenic gases and compressedgases, and in the design and construction of hydrogen storageand/or dispensing facilities.

3. The Consultant shall designate an individual responsible for theday-to-day management of the project throughout the design periodand construction period. This project manager shall be




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experienced in the design and construction of hydrogen refuelingsystems.

C. Permits, Codes, Standards, and Safety Programs

1. The Consultant shall be responsible for specifying all requiredconstruction and operating permits, variances, and approvals forthe hydrogen refueling facility.

2. The Consultant shall comply with all applicable municipal, county,state and federal laws, ordinances, rules, codes, regulations,standards, including, but not limited to the following:

a. The Uniform Codes, including City of Oakland and County ofAlameda amendments

b. National Fire Protection Association (NFPA) standards

c. U.S. Department of Labor Occupational Health and SafetyAdministration (OSHA) Standards

d. California Code of Regulations

e. All Requirements of the California Clean Air Act IncludingAmendments, (If applicable, Risk Management Programrequirements for accidental releases).

f. All requirements of the Bay Area Air Quality ManagementDistrict

g. All requirements of authorities having jurisdiction.

3. All specified equipment, materials, and methods of fabrication shallmeet all applicable codes, standards, and best practices used bythe compressed gas and cryogenic gas industries.

4. The hydrogen refueling facility shall be designed to comply with allseismic and wind design principles appropriate to the location inaccordance with the California Building Code.

5. The Consultant shall prepare an emergency response plan asrequired by the authority having jurisdiction.




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6. The Consultant shall develop and implement a systems safetycertification program for the hydrogen refueling facility. TheConsultant shall perform a Failure Modes and Effects Analysis(FMEA) and/or other similarly detailed safety analysis for thehydrogen refueling facility. The Consultant shall also develop asystem safety certification checklist. The checklist shall includesafety critical items from this specifications document and design,operations and maintenance recommendations identified in theFMEA.

D. Submittals

1. The Consultant shall submit a work plan which includes a scheduleof all major planning, design and project management work by task.The work plan shall be updated as needed throughout the project.

2. The Consultant shall provide a copy of all engineering designdrawings, including a list of design drawings required for plan checksubmittals, to the District.

3. After completing the design, the Consultant shall provide three (3)sets of final CAD drawings and electronic media to the District thatshow the final site layout, process & instrumentation, electrical,plumbing, and mechanical systems.

4. The Consultant shall provide a copy of the written system safetycertification program and a copy of the system safety certificationchecklist.

5. The Consultant shall provide a copy of all permits prior toconstruction.

E. Manuals and Data

1. The Consultant shall provide training manuals and data if requiredto District personnel on the maintenance and operation of thehydrogen refueling facility. A minimum of three (3) trainingsessions each of eight (8) hours duration shall be held at mutuallyagreeable dates, times, and locations. Each training session shallaccommodate up to thirty (30) people. Training shall be provided tothe District, refueling staff, maintenance personnel, bus drivers, and




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selected administrative staff and managers. All training materialsshall be provided by the Consultant.

2. The Consultant shall provide manuals and data if required to theDistrict.

3. The Consultant shall provide a minimum of ten (10) copies ofwritten manuals and data for the hydrogen refueling facility.

F. Specified Products

Unless approved in advance by the District, all specified materials andequipment used in the refueling facility shall be new and fit for thepurposes intended.

6.19 FUELING FACILITY

The Consultant shall provide a design specifying all equipment and materialsrequired to provide a fully functional hydrogen refueling facility that is capable ofdispensing compressed hydrogen for motor vehicles, including, but not limited to,the following:

A. All equipment necessary to produce the required amount of compressedhydrogen. The method chosen for producing the compressed hydrogenwill be at the discretion of the Consultant. The related equipment willdepend on the method.

B. Gaseous hydrogen storage container(s) of 100,000 scf minimum storagecapacity.

C. The container(s) shall be modular in design to easily accommodate theaddition of more containers if needed in the future.

D. A compressed hydrogen dispensing system, including nozzle, hose,controls, and other equipment, for dispensing compressed hydrogen.

1. The system shall include two single-hose dispensing units on anisland. WEH nozzles compatible with the receptacles on the busesshall be provided.




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2. The system shall be capable of refueling a transit bus in ten (10)minutes.

3. The hydrogen shall be dispensed to achieve nominal pressures of3,600 and 5,000 psig when settled in the onboard fuel tanks.Temperature correction shall be applied, if necessary, to assure afull fuel fill. However, at no time shall the dispensed hydrogencause the internal tank pressure to exceed its MAWP or maximumtemperature rating.

4. A hydrogen fuel metering system shall be provided that measuresthe amount of hydrogen dispensed in scf.

5. A breakaway system shall be provided to protect the dispenser andpiping system from damage if the dispenser is hit by a vehicle, or ifthe bus is moved with the nozzle connected to the vehicle fillreceptacle. Activation of the breakaway shall immediately shut offfuel flow to and from the dispenser.

6. The hose length shall be approximately 15 ft. An automaticoverhead hose retraction system and nozzle holder shall beprovided.

7. The system shall incorporate the California Fuel Cell Partnership(CaFCP) Interface document (to be supplied by the District) to fuellight duty passenger vehicles.

E. Any systems for nitrogen, compressed air or other gases required for thefacility shall be specified by the Consultant. If necessary, the Consultantshall recommend the installation an independent air compressor system ator near the hydrogen refueling facility. The existing shop air compressorsare to be evaluated to ascertain if they may be utilized as a backupsupply.

F. All required process piping, conduit, fittings, gauges, valves, controls, andother components.

G. A system for de-fueling buses of any compressed hydrogen that may bepresent in onboard tanks.




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1. To the maximum extent practical, the de-fueled hydrogen shall bereturned to the hydrogen refueling facility for use as part of thecompressed gas storage and dispensing system.

2. Any hydrogen that cannot be returned to the refueling facility shallbe safely vented to atmosphere. A vent pipe shall be provided forthis purpose.

3. The de-fueling system shall be capable of emptying the entirecontents of the onboard tanks to achieve a pressure of 0 psig.

H. A grounding cable and pin compatible with the ground socket installedonboard the bus.

I. Emergency shutdown capability shall be provided near the refueling siteand at a remote location within the Seminary facility to be determined bythe District.

J. Flame and gas detection system, fire extinguishers and other safetysystems as required by the authorities having jurisdiction.

K. Other systems

The Consultant shall recommend all equipment and materials needed toprepare the site for the refueling facility, including, but not limited to, thefollowing:

1. All foundations and equipment pads.

2. An overhead canopy made of noncombustible materials (Type I orType II construction).

3. Security fences and gates and vehicle crash protection barriers.

4. All signage and painted markings.

5. Exterior lighting for the hydrogen refueling facility.

6. Closed circuit television monitoring system and cameras.

7. Fire hydrants and other fire protection systems if required by theauthority having jurisdiction.




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L. Site preparation

1. The Consultant shall design the foundation in accordance withsound geo technical practices and the soil conditions in the area.

2. The Consultant shall design any rainwater drainage systems thatmay be required for the refueling area.

M. Subsurface installations

1. The Consultant shall specify precautions to avoid damage orbreakage of existing pipes, conduits or other appurtenances whenspecifying excavating and installing any piping or conduits.

2. The design shall specify that all underground piping shall be testedprior to back filling the trench to ensure that there are no voids orcracks in the material and to ensure that there are no leaks.

a. The design shall specify that pressure tests shall beperformed at 1.5 times the design pressure with hydrogen,nitrogen, or other suitable material for a minimum duration oftwo (2) hours.

b. The design shall specify that the Contractor shall notify theDistrict in advance of the test so that District personnel andauthorities under jurisdiction may be present to witness thetesting.

3. The design shall specify that all trenches shall be filled so that thereis no buckling. A minimum of 95 percent soil compaction shall beachieved.

4. The design shall specify that the surface of the trench shall bepaved to be even with the ground level and match the appearanceof the surrounding pavement. The Consultant shall provide thespecifications of the concrete and steel specified in the design.




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N. Vehicle rollaway prevention

The Consultant shall design a system to prevent buses from rolling whilerefueling. The system shall not include any features that will require timeconsuming or difficult manual actions by District personnel; for example,requiring that tires be manually chocked with blocks shall not be allowed.

O. Canopy

1. The Consultant shall design an overhead canopy that has sufficientcoverage to shield refueling personnel from inclement weather.

2. The canopy shall be gently sloped to facilitate the drainage ofrainwater and to prevent the accumulation of hydrogen. It shallhave a minimum height clearance of 15 ft.

P. Painting and labeling

1. The Consultant shall specify that all exposed metal surfaces thatmay be subject to corrosion shall be painted. The surface to bepainted shall be properly prepared prior to the application of paint toassure a proper bond between the painting surface and successivecoats of paint. A prime coat and two finish coats of color(s)approved in advance by the District shall be applied.

2. The Consultant shall specify all necessary signage and markingsfor the hydrogen refueling facility.

6.20 MAINTENANCE FACILITY MODIFICATIONS

This section provides a description of the modifications needed to the existingmaintenance building at the AC Transit District's Seminary facility located at 1100Seminary Ave. in Oakland, California. The building layout is shown as Exhibit 4-1. The purpose of this section is to document the modifications of the existingmaintenance facility in sufficient detail to allow an experienced Consultant toprovide a comprehensive design specification, project manage, and preparedetailed cost estimates.




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A. General

1. The Consultant shall design the modifications needed to assurethat the maintenance building at Seminary can safelyaccommodate the repair and storage of hydrogen fuel cell andnatural gas vehicles.

2 The hydrogen fuel cell and natural gas vehicles will be repaired andstored in the west end of the maintenance building, comprising theBrake Test/Dyno Unit and Diagnostic Bay (Bay No. 1) and SafetyInspection Area (Bays No. 2, 3 and 4) as labeled in Exhibit 4-1.This entire area shall be referred to in this document as theHydrogen Bus Area.

3. The Consultant shall field verify the existing conditions pertinent tothe work prior to design. The District makes no warranty that anydrawings it may provide are up-to-date and correct. Fieldconditions that are different than the drawings shall be brought tothe attention of the District.

B. Permits, Codes and Standards, and Safety Programs

1. The Consultant shall be responsible for specifying all requiredconstruction and operating permits, variances and approvals for themodifications to the maintenance building.

2. The design shall comply with all applicable municipal, county, stateand federal laws, ordinances, rules, codes, regulations, standards,including, but not limited to the following:

a. The Uniform Codes, including City of Oakland and County ofAlameda amendments

b. National Fire Protection Association (NFPA) standards

c. U.S. and California Department of Labor OccupationalHealth and Safety Administration (OSHA) Standards

d. California Code of Regulations




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e. All Requirements of the California Clean Air Act IncludingAmendments, (If applicable, Risk Management Programrequirements for accidental releases).

f. All requirements of the Bay Area Air Quality ManagementDistrict

g. All requirements of authorities having jurisdiction.

3. All specified equipment, materials, and methods of fabrication shallmeet all applicable codes, standards and best practices used bythe compressed gas and cryogenic gas industries.

4. The Consultant shall develop a system safety certification programfor hydrogen and natural gas use in the maintenance building. TheConsultant shall perform a Preliminary Hazard Analysis (PHA)and/or other similarly detailed safety analysis related to servicingand storage of hydrogen and natural gas buses in the maintenancebuilding. The Consultant shall also develop a system safetycertification checklist. The checklist shall include safety criticalitems from this specifications document and design, operations andmaintenance recommendations identified in the PHA.

C. Submittals

1. The Consultant shall submit two (2) sets of all plan check drawingsto the District.

2. At the completion of work, the Consultant shall submit three (3)CAD drawings and electronic media to the District.

3. A construction budget estimate.

4. The Consultant shall provide a copy of the written system safetycertification program and a copy of the system safety certificationchecklist.

5. The Consultant shall provide a copy of all permits prior toconstruction.




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D. Structural/Architectural and Doors

1. The Consultant shall inspect and verify that the wall and ceilingseparating the Hydrogen Bus Area from other areas of the buildingare built to a minimum of a one-hour fire rating. Any openings orpenetrations that affect the integrity of the walls and ceiling shall beidentified and the design shall specify any and all modifications asnecessary to assure that the one-hour rating is met.

2. The design shall identify any gaps or openings, other than doors, inthe wall and ceiling separating the Hydrogen Bus Area from otherareas of the building which are required to be sealed to prevent themigration of hydrogen gas.

3. A minimum one-hour rated fire door shall be specified to isolate theHydrogen Bus Area from the hall leading to the remainder of thebuilding. The specified door shall be equipped with a self-closingmechanism that will automatically shut the door after it has beenopened.

4. All existing doors in the wall separating the Hydrogen Bus Areafrom the remainder of the building shall be equipped with self-closing mechanisms. Additionally, a sign indicating "KEEP DOORSHUT" or similar language shall be placed on each of the doors.

5. All existing roll-up bay doors in the Hydrogen Bus Area shall bereplaced with Dynaco Model M2-All Weather high-speed, fabric roll-up doors or equivalent. If door motors are installed within 18 inchesfrom the ceiling, they shall be designed for use in Group B, Class I,Division 2 environments.

E. Ventilation System

1. The design shall modify the existing mechanical ventilation systemin the Safety Inspection Area as needed so that all of the followingrequirements are satisfied:

a. Exhausts a minimum of 1.0 cubic foot per minute of air persquare foot of floor space (cfm/ft2) continuously




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b. Contains a minimum of two (2) exhaust fan inlet openingswithin 6 inches of the highest point of the ceiling in the roof orexterior wall only

c. Contains a minimum of two (2) make-up air inlet openingslocated within 6 inches of the floor

d. Circulates fresh make-up air only

e. Uses fans and motors that are separate and independent ofthe heating system

f. Uses motors and components that are either classified forGroup B, Class I, Division 2 locations or, if located outside ofthe duct and outdoors or below 3 ft. from the ceiling, aretotally enclosed fan cooled motors.

2. The design shall modify or replace the existing mechanicalventilation system in the Brake Test/Dyno Unit and Diagnostic Bayso that it meets all of the following requirements:

a. Exhausts a minimum of 1.5 cfm/ft2 continuously

b. Contains a minimum of two (2) exhaust inlet openings thatare located within 6 inches of the highest point of the ceilingin the roof or exterior wall

c. Contains a minimum of two (2) make-up air inlet openingsthat are located within 6 inches of the floor

d. Circulates of fresh make-up air only

e. Contains motors and fans that are separate and independentfrom the heating system

f. Uses motors and components that are either classified forGroup B, Class I, Division 2 locations or, if located outside ofthe duct and outdoors or below 3 ft. from the ceiling, aretotally enclosed fan cooled motors.

3. The design shall verify that exhaust duct openings are located toeffectively remove flammable vapor accumulations from all parts of




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the Hydrogen Bus Area. Exhaust discharge shall be directed to asafe location outside of the building, away from electrical fixtures.

4. Standby power shall be provided for the mechanical ventilationsystem to automatically supply electrical power in the event of lossof power from the primary power source.

F. Heating System

1. The design shall remove the existing heating system in theHydrogen Bus Area. A new heating system shall be specified thatprovides the same heating output.

2. The heating system shall contain no pilot lights, open flames,sparks or other ignition sources inside the Hydrogen Bus Area.Any combustion unit(s) used by the heating system shall be locatedoutside of the Hydrogen Bus Area and away from any ventilationsystem exhaust outlet or air inlet openings.

3. The temperature of any exposed surfaces of the heating systeminside the Hydrogen Bus Area shall not exceed 500 degrees F atany time.

G. Electrical

1. The design shall identify all electrical equipment located within 18inches of the ceiling. All such equipment that do not comply withGroup B, Class I, Division 2 equipment shall be required to berelocated to below 18 inches from the ceiling or replaced withGroup B, Class I, Division 2 equipment.

2. The electrical control panel for the Hydrogen Bus Area shall berequired to have a shunt trip that will shut off all power to that areaupon activation of the gas detection system, except for emergencylighting and ventilation.




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H. Gas Detection

1. An approved gas detection and alarm system capable ofsimultaneously detecting both hydrogen and natural gas shall bespecified for the Hydrogen Bus Area and surrounding areas. Oneor more gas detection sensors shall be located in each of thefollowing areas:

a. Brake Test/Dyno Unit and Diagnostic Bay

b. Safety Inspection Area

c. Battery Room

d. Hall (outside of door to Safety Inspection Area)

e. Toilet and Wash room.

2. The location of each gas detection sensor shall be required basedon likely gas leak behavior, room geometry, airflow patterns, sensoreffectiveness and other factors.

3. The gas detection system shall be configured to act upon detectionof gas concentrations at 10 percent and 20 percent of the LFL.

a. Upon detection of 10 percent of the LFL, the followingactions shall occur automatically:

i. Audible and visible alarms shall sound in the HydrogenBus Area.

ii. The mechanical ventilation system shall be activatedfor the Hydrogen Bus Area (should already be oncontinuously).

iii. The roll-up door(s) in the Hydrogen Bus Area shallopen.

iv. The heating system shall be deactivated.




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b. Upon detection of 20 percent of the LFL, the followingactions shall occur automatically:

i. All electrical equipment in the Hydrogen Bus Areashall be deactivated, except for the ventilation system,gas detection and alarms, and emergency lighting.

ii. Alarms shall sound throughout the building.

4. An un-interruptible power supply shall be required for the entire gasdetection and alarm system.

5. The gas detection system shall be required to continuously monitorfor functionality. Failure of the gas detection system shall result inthe automatic deactivation of the HVAC system and activation ofthe mechanical ventilation system.

6. The Consultant shall be responsible for specifying all gas detectionequipment used for calibration. This will include provisions ofcalibration gases.

7. All controls and electrical equipment for the gas detection andalarm system shall be separate from general electrical equipment.

8. The Consultant shall provide a written manual for the operation,maintenance, and calibration of the gas detection equipmentincluding the necessary schedule for testing and calibration.




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APPENDIX A

FUEL CONSUMPTION AND TANK SIZING ESTIMATES

1. CONVERSION FACTORS

A. Standard cubic feet (scf) is the volume of gas at 14.7 psia (1 atmosphere)and 70°F

B. At its boiling point and 14.7 psia, 1 gallon of hydrogen has an equivalentvolume of 113 scf

C. At 70°F and 100 psia, 1 gallon of hydrogen has an equivalent volume of90 scf

D. At 68°F and 1 atmosphere, 1 scf of hydrogen has an equivalent mass of0.005229 lbs.

2. MAXIMUM FUEL CONSUMPTION PER BUS

A. Maximum daily range = 350 mile

B. Estimated fuel consumption = 83 scf/mile

C. Maximum daily fuel consumption = 83 scf/mile x 350 mile = 29,050 scf

D. Equivalent daily liquid hydrogen consumption = 29,050 scf ÷ 90 scf/gallon= 322.8 gallons




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APPENDIX BCALCULATIONS TO SUPPORT RECOMMENDATIONS

FOR MAINTENANCE BUILDING MODIFICATIONS

EXISTING EXHAUST VENTILATION RATES

Bay 1 (Brake Test/Dyno and DiagnosticBay) Bays 2, 3, 4 (Safety Inspection Bays)

Area = 3,000 sq. ft. Area = 9,600 sq. ft.FAN FLOW RATE (CFM)FAN FLOW RATE (CFM)RF-13 15,000 RF-01 1,280RF-14 15,000 RF-02 3,890EF-08 1,500 RF-03 3,890

TOTAL 31,500 EF-07 5,500 EF-09 6,800 TOTAL 21,360 Ventilation Rate = 31,500/3,000 = 10.5 cfm/sq.ft.

Ventilation Rate = 21,360/9,600 = 2.23cfm/sq. ft.




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DESIGN SCHEDULE

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MonthsID Task Duration 1 2 3 4 5 6 7 8 9 10 11 121 Conceptual Engineering 12 Weeks2 35% Design Submittal 12 Weeks3 Preliminary Design Review 2 Days4 Value Engineering 8 weeks5 65% Design Submittal 8 weeks6 Critical Design Review 2 Days7 Final Design 12 Weeks8 95% Design Submittal 12 Weeks9 Final Design Review 2 Days10 100% Design Submittal 4 weeks11 Camera Ready Design

Submittal2 weeks

12 Release to Construction

Note: This schedule pertains to design activities only. Construction management activities begin with facilityconstruction.




RELIABILITY DEMONSTRATION

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SAMPLE

RELIABILITY DEMONSTRATION TEST PLAN

Oakland, CaliforniaOctober 2002

This report is confidential and intended solely for the use andinformation of the company to whom it is addressed.





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8.1 INTRODUCTION

A. Purpose

The purpose of this Reliability Demonstration Test Plan is to provide aworkable method of satisfying the Reliability demonstration requirementscontained in the System Specification. Testing will be managed by THECONTRACTOR to demonstrate compliance of the subsystems with MeanTime Between Failures (MTBF) requirements.

B. Scope

All equipment in the subsystems as listed in the System Specification willbe included in the reliability testing. The methods and procedurescontained in this document will be considered a valid interpretation of thespecified requirements for testing and these methods and procedures willbe the basis for reaching an accept or reject decision with respect tosubsystem reliability.

8.2 APPLICABLE DOCUMENTS

The following documents will form a part of this Plan, to the extent specified herein.

A. MIL-STD-721, Definition of Terms for Reliability and Maintainability.

B. MIL-STD-756B, Reliability Modeling and Prediction, United StatesDepartment of Defense.

8.3 DEFINITIONS

A. Active Corrective Maintenance – is defined as the summation of elapsedtime intervals actively expended to troubleshoot and fault isolate afunctional failure, remove and replace or repair faulty items, and performfunctional checkout to verify restoration to operational status.

B. Chargeable Failure – is defined as a failure that requires repair orreplacement of any subsystem component which is not an approvedconsumable item, or which is an approved consumable but has notachieved its design service life, and which failure has not either been dueto:

1. A failure occurrence in another system or sub-system.





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2. A failure of Alameda-Contra Costa Transit District (AC TRANSIT) toperform the recommended preventive or service maintenanceactions.

3. Vandalism or physical mistreatment at a human interface.

4. Operating or weather conditions of unusual aspect or severitybeyond those specified.

5. An accident.

C. Failure – a failure for purposes of these predictions is defined as a verifiedprimary malfunction that requires replacement of a faulty part or assemblyto restore the functionality of the equipment. This does not includeconsumables such as lamps or other parts that are replaced on conditionduring routine maintenance.

1. Failure Rate - the frequency of failures expressed as failures perequipment operating hours. Failure rate is the mathematicalreciprocal of Mean Time Between Failures (MTBF).

2. Failure Trend - is defined as failures within a one-month reportingperiod of two or more parts of the same type employed in the samecircuit, equipment location, or application.

3. Independent Failure - the failure of an item to perform its intendedfunction where the failure is not induced by the failure of anothersystem or component.

4. Mean Time Between Failures (MTBF) - the mean operating timebetween independent failures.

5. Mean Time To Repair (MTTR) - is defined as the total activecorrective maintenance time expended during a given time (t) forthe total population of identical items, divided by the total number offailures requiring corrective maintenance which occur within thepopulation of items during the time (t).

6. Pattern Failure – a failure that is one of a series of failures with asuspected common cause.





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7. Potential Failure – a potential failure is identified through a notedmalfunction of an individual piece of equipment. Failure of theindividual piece of equipment does not necessarily mean asubsystem failure. A potential failure is confirmed by thesubsequent repair action, verification of the failed part andverification of the repair action through monitoring of the equipmentperformance for a period after the repair action.

8. Redundancy - the existence of more than one means ofaccomplishing a given function. Each means must be independentfrom the others.

9. Reliability - the probability of performing a specified function,without failure and within the specified design parameters, for theperiod of time intended.

10. Replaceable Item - elements that in the course of normalmaintenance are removed from equipment as a unit for repair ordiscarded at a reasonably predicable rate on a routine basis.

11. Revenue Service - the operation of buses under normal conditions,either with fare-paying passengers or available to carry fare-payingpassengers.

12. Down Time - the lapsed time during which equipment is notcapable of doing useful work because of maladjustment,malfunction, or maintenance in progress.

13. Maintenance - all work that is done on equipment to prevent orcorrect malfunctions or failures. Its purpose is to keep the systemin running order.

14. Unusual aspect or severity - understood to mean a condition thatdoes not on average occur on AC Transit’s property or routes moreoften than once in ten (10) years. The time, place or type of serviceoperated by the system at the time of a failure will not be of anyconsequence.

8.4 DEMONSTRATION TEAM

The demonstration team will include the Contractor personnel; AC Transitpersonnel and supplier/subcontractor personnel as required for analysis of failed





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assemblies or parts. The team will make up a portion of the Failure ReviewBoard (FRB), who will meet periodically to disposition alleged failures and todiscuss the RDT. Additional members, both voting and non-voting, will beincluded at the discretion of the team.

8.5 RESPONSIBILITIES

A. AC Transit is to provide the Consultant/Construction Project Manageraccess to all work orders and control center logs documenting perceivedfailures for the duration of the demonstration. This is expected to be in theform of electronic files. Paper copies of the work orders should beavailable if needed.

B. AC Transit is to provide the Consultant/Construction Project Manager withoperating time records for all equipment under test.

C. The Consultant/Construction Project Manager is to analyze the work orderfiles and control center logs to identify potential failures.

D. AC Transit shall supply failed equipment to the Consultant/ConstructionProject Manager for further analysis as necessary.

E. The Consultant/Construction Project Manager is to arrange for furtheranalysis as necessary.

F. Subcontractors are to carry out analysis as requested by TheConsultant/Construction Project Manager.

G. Subcontractors are to maintain detailed repair records of all equipmentreturned for repair.

H. Subcontractors are to record all repairs and analysis data into an ACCESSdatabase that is to be available to the Consultant/Construction ProjectManager at all times.

I. The Consultant/Construction Project Manager is to produce a reliability filebased on the work order file received from AC Transit.

J. The Consultant/Construction Project Manager is to integrate thesubcontractor files into the reliability database.

K. The Consultant/Construction Project Manager and AC Transit representativesare to meet regularly to discuss chargeability of failures.





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L. The Consultant/Construction Project Manager is to plot moving period chartsshowing the achieved reliability of each subsystem.

M. The Consultant/Construction Project Manager is to produce any necessaryreports on problem areas corrective actions etc.

8.6 MEASUREMENT METHODS

A. The reliability demonstration test program will begin within 7 days aftersubstantial completion of construction and continue for a minimum of oneyear.

B. Accumulated time for each subsystem will be measured by the operatinghours of each subsystem as supplied by AC TRANSIT. It is expected thatnormally all subsystems will be available 24 hours per day.

C. The approach to the demonstration will use a straightforward movingperiod format. For example - if an eight week moving period time is set forthe demonstration, then chargeable failures would be accumulated overan eight week period. If the subsystem does not achieve its specifiedMTBF in the first eight weeks, then the ninth week is added, the firstweek’s time and chargeable failures are dropped and the MTBFrecalculated.

D. Only MTBFs will be demonstrated, as it is impractical to demonstrateMean Time Between Service Affecting Failures (MTBSAFs).

E. Starting with the end of the first period the achieved MTBF will be plottedand after that it will be plotted each week until the MTBF has beensuccessfully demonstrated. The exhibited MTBF must be at or above thespecified MTBF for at least two consecutive periods before an acceptancedecision is reached.





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Figure 4-1

Period 1: Week 1 - Week 8Period 2: Week 2 - Week 9Period 3: Week 3 - Week 10(8 week Moving Average is used)

8.7 PASS/FAIL CRITERIA

The Consultant/Construction Project Manager will perform Reliability Analyses(RA) to determine subsystem MTBFs. The analyses and results will besubmitted to the Demonstration Team for review and approval. TheDemonstration Team will determine the duration of the moving period, as well asthe chargeable failures allowed within a moving period. It is expected that theMTBFs will improve as shown in Figure 4-1 achieving acceptable levels withinthe allotted time.

8.8 DEMONSTRATION PROCEDURES

A. The following procedures are designed to provide a demonstration ofsubsystem MTBFs in accordance with the System Specification.

B. The procedures recognize that AC Transit maintenance staff will takeinitial repair actions. AC Transit maintenance staff will be expected to

R e liability D e monstration

0

1

2

3

4

5

6

7

Period

-1

Period

-2

Period

-3

Period

-4

Period

-5

Period

-6

Period

-7

P e riod

MTB

F

M TB F

Target





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record all maintenance actions into a maintenance data system that will beaccessible to the Consultant/Construction Project Manager personnel.

C. Failed assemblies and parts must be held in quarantine until either returnedto suppliers for repair and/or analysis or otherwise disposed of in accordancewith FRB instructions.

D. The Consultant/Construction Project Manager will maintain a central RDTdatabase collecting all information received from AC Transit and thesuppliers. This database will be used to:

1. track subsystem reliability;

2. identify failure trends and problem areas;

3. associate service troubles with repair actions;

4. associate repair actions with analysis results;

5. provide a record of all events and associated analysis for review; and

6. provide reports for the FRB.

E. Each in-service trouble report or work order raised by the operating companyis a potential chargeable event in the demonstration. The work orders andtrouble reports must be analyzed in order to determine which ones requirefurther analysis. Generally there is more than one work order or reportassociated with an event. All associated work orders and reports must beassessed in context to determine the cause of a failure. Repair reports forassemblies returned to suppliers for repair and failed parts analyses willcontribute to the failure analyses. Flow charts outlining the procedures areshown in Appendix A.

8.9 WORK ORDER ANALYSIS

A. Chart A-1 (Failure Reporting and Analysis Flow Chart) should be referredfor improved understanding of the process.

B. All system work orders are to be received from AC Transit by theConsultant/Construction Project Manager in electronic format on a dailybasis for analysis. The Consultant/Construction Project Manager willmake an initial classification of the work orders identifying and classifyingthe work orders within the reliability ACCESS database.





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C. The Consultant/Construction Project Manager will meet with operationsand maintenance personnel on an as required basis to clarify the contentsof work orders and in service reports.

D. The work orders are to be classified by AC Transit as either preventive orcorrective. The origins of all repair actions are to be identified:

1. Resulting from a trouble call; or

2. Resulting from inspection

E. It is expected that the AC Transit Control Center will log all in servicetrouble reports from anywhere in the system. Some of these troubles willbe handled in the field, such as resets, others will require work orders tobe raised.

F. Work orders resulting from trouble calls are to be referenced by AC Transitoperations and maintenance personnel to the Control Center Log entry.

G. The Consultant/Construction Project Manager will request repair reports and,if required, failed parts analyses from suppliers for equipment returned by ACTransit operations and maintenance staff to suppliers for repair.

H. Suppliers will be required to keep all results in an ACCESS database that willbe supplied to the Consultant/Construction Project Manager on request.

I. The Consultant/Construction Project Manager will carry out analysisintegrating failure and failed part analyses received from subcontractors.

J. The results of the analysis and the original work orders received will beavailable for FRB meetings.

8.10 CONTROL CENTER LOG ANALYSIS

The Control Center log entries are to be received by the Consultant/ConstructionProject Manager in electronic format daily for analysis. This information will beused by the Consultant/Construction Project Manager to identify the effects of thefailures. The Control Center Log is to identify the work orders issued based onControl Center Log entries.





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8.11 RELIABILITY TRACKING

A. A failure record will be maintained for all subsystems by theConsultant/Construction Project Manager in the RDT Database and keptavailable for review by AC Transit. A record will be maintained whichcontains all the information necessary to calculate MTBF values for majorsubsystems and to verify successful demonstration of the MTBFrequirements.

B. Consultant/Construction Project Manager will systematically evaluate thereliability file to identify and monitor failure trends, “No Trouble Found”incidents, and new failure effects.

8.12 IDENTIFICATION OF FAILURES

The FRB will meet monthly initially to evaluate failures. The meeting intervals of theFRB will be adjusted after the initial three months of testing. Permanent members ofthe FRB will include representatives from The Consultant/Construction ProjectManager and AC Transit. The Consultant/Construction Project Manager will presentthe reliability file for review. Decisions on the chargeability of work orders as will bemade based on the data presented.

8.13 FAILURE REPORTING, ANALYSIS AND CORRECTIVE ACTION (FRACA)

A. Throughout the reliability demonstration and warranty periods, theConsultant/Construction Project Manager will maintain an approvedclosed-loop FRACA system to determine the cause of all unscheduledpart removals, and maintain accumulative summary of all failure analyses,identifying the failed parts and the pertinent data and actions relating toeach failure.

B. Chart A-1 (Failure Reporting and Analysis Flow Chart) describes the datagathering system receiving inputs from both the operating companyoperations and maintenance database and the suppliers repair andanalyses databases. The corrective action process is shown in Chart A-2(Corrective Action Flow Chart).

C. Failure analyses will be requested on an as required basis on returnedassemblies or parts. All repair and analysis data will be entered into thereliability demonstration ACCESS database.





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D. On a continuing basis, the Consultant/Construction Project Manager willsystematically evaluate the FRACA data to identify and monitor failuretrends, “No Trouble Found” incidents, and new failure effects.

8.14 CORRECTIVE ACTIONS

A. Whenever an accumulated MTBF value falls below the requirement for six(6) consecutive months, the prospects of passing shall be reviewed andagreed actions (by the FRB) taken. Failure data collection and failureanalysis will continue regardless of test status. The corrective actionprocess is shown in Chart A-2.

B. Approved corrective actions, including updated maintenance practices,may be implemented on an ongoing basis. This is the expected practice;therefore a steady growth of reliability is expected where correctiveactions are necessary. As there is no necessity to stop testing in order toimplement corrective actions the concept of stopping testing,implementing corrective actions and restarting testing is not expected toapply.

C. The slope of the curve will demonstrate the effectiveness of ongoingcorrective actions. If the curve has a negative slope a subsystem reviewis indicated. Implementation dates of the corrective actions will berecorded in the reliability log. The slope of the curve will provide theindication of whether a subsystem is likely to pass or not. This isillustrated in Chart A-3 (Pass/Fail/Continue).

8.15 PREVENTIVE MAINTENANCE

Preventive maintenance procedures specified for the equipment during normaloperation will be performed by AC TRANSIT during the reliability test. Noadditional maintenance will be allowed during the reliability test or during actualequipment repair unless specifically authorized by AC TRANSIT. Somecorrective actions may be an approved change in preventive schedules andprocedures.

8.16 RESETS

The number of resets before a piece of equipment is repaired is a function of theO&M staff and their operational procedures rather than the equipment. Resetsare generally required as the result of a protective trip triggered by externalconditions and therefore cannot automatically be considered chargeable. A





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pattern of resets may be an indication of a failure. In this case the identifiedfailure will be chargeable rather than the symptoms. Continuing resets with noidentified failure may be considered to be an item requiring corrective action.The cause of any continuing resets shall be identified through analysis of reports,software and operating conditions.

8.17 TEST RECORDS

Test records will be maintained continuously and will be available for review byAC TRANSIT. All records will be kept in an ACCESS database. Reports will beable to contain any or all of the data contained in the database. The databasewill contain:

A. Original work orders;

B. Repair data on supplier repairs;

C. Failed parts analysis results;

D. Subsequent analysis results; and

E. Relevant control center log entries

8.18 FAILURE OF AN RDT

A. If the slope of the moving average MTBF plot indicates that the subsystemis improving and approaching the MTBF requirement through ongoingcorrective actions the testing will be allowed to continue. This approach ispossible, as this is an ongoing in service demonstration involving allequipment, not a sample. Corrective actions will generally take placewithout interrupting service and no shut down of the system is anticipated.This ongoing approach is shown in Chart A-2 (Corrective Action FlowChart) and in Chart A-3 (Pass/Fail/Continue).

B. In the event that an RDT indicates a failure to comply with the specifiedrequirement, as stated in paragraph 8.8 of this document, AC Transit willnotify the Consultant/Construction Project Manager. A corrective actionplan will be devised, approved and be implemented. TheConsultant/Construction Project Manager will be responsible, at no cost toAC Transit, for design, manufacture and installation of changes to thesubsystem and spare parts required in order to achieve the specifiedreliability. Such correction will be to AC Transit’s satisfaction and





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approval. The RDT for the affected system will be repeated to verifycompliance. Additionally, corrections will be incorporated in all Projectequipment and spare parts, including those for which the materials andworkmanship warranty period have expired.

8.19 FAILURE TRENDS

A failure trend is defined as failures within a one-month reporting period of two ormore parts of the same type employed in same circuit, equipment location, orapplication. The Consultant/Construction Project Manager’s FRACA-dataevaluation will promptly identify every failure trend and determine its cause. WithAC Transit approval, the Consultant/Construction Project Manager will implementrecurrence-prevention action for each such trend. Consultant/ConstructionProject Manager will summarize these findings and actions in every third monthlyreport.

8.20 NEW FAILURE EFFECTS

The Consultant/Construction Project Manager will also evaluate FRACA-data toidentify each previously unknown and/or undocumented mode of LineReplaceable Units (LRU) failure and will determine and evaluate its failureeffects. If any such failure effect is previously unknown and/or undocumented,the Consultant/Construction Project Manager will identify any changes which areneeded in existing RAMS analyses, in design, in design criteria, in maintainabilityprocedures or criteria, and/or test procedures or criteria. The correlation of thecontrol center logs with work orders and subsequent failure analysis will be usedto document new failure effects.

8.21 DEMONSTRATION REPORTS

A. The monthly demonstration reports will contain moving average plots foreach subsystem under test. Reports from the ACCESS database willcontain the following information:

1. Relevant work orders.

2. Failure classifications.

3. Analysis results.

4. Effects where work orders can be related to troubles detected inservice.





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B. The monthly status reports will also include:

1. Results of current problem and failure investigations andengineering analysis.

2. Preventive and corrective action recommendations.

3. Status of previously assigned action items.

4. Assignment of action items resulting from the failure review board.

5. Action item scheduled completion dates.

C. Consultant/Construction Project Manager’s reliability data will also includethe total operating time (t) accumulated by the total population of identicalmajor LRU as supplied by AC TRANSIT, and the calculated MTBF foreach major type of LRU and corresponding subsystem. This will be basedon the LRU hours supplied by AC TRANSIT. This information will belimited to large assemblies enumerated at the time of installation. TheLRUs to be tracked will be identified before the start of the testing. This isfor information only and has no bearing on the pass or fail criteria for eachsubsystem





Corrective Action Flow ChartChart A-1

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Failed part to supplier forrepair

Supplier repair and repairreport.

Supplier failed partanalysis

Supplier RDT Database

Repaired part returnedfor use.

Request for failed partanalysis

Repair action bymaintenance staff

Repair action entered into ACTRANSIT database

THE CONTRACTORRDT Database

Analysis by THECONTRACTOR

THE CONTRACTORpresentation to FRB

Failureoccurs

In-Service reportlogged

Work Order raised

In-service report entered into ACTRANSIT database




Corrective Action Flow ChartChart A-2

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CONTRACTORpresentation toFRB

Identification of requirementfor Corrective Action

Assignment of Responsibilityfor Corrective Action

Corrective ActionPlan

Corrective ActionPlan Approval byFRB

Corrective ActionPlan Implementation

Verify effectiveness ofCorrective Action

Continue to track equipmentreliability




Pass/ Fail/Continue Flow ChartChart A-3

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No

No

Ye

YeNo Ye

Plot reliability chartfor each subsystem

Agreement onchargeable failures

CONTRACTORpresentation to

FRB

Requirement Archived?

SlopePositive? Continue

One YearTesting

CompleteContinue

Corrective ActionPlan RequiredSubsystem

DemonstrationCompleted

Corrective Action Planapproved and implemented

AC TRANSIT DISTRICT CONTRACTPURCHASING DEPARTMENT No. 2002-794



CONTRACT

Page 127 of 130

This Contract is made and entered into this ______ day of _____2003 by andbetween the Alameda-Contra Costa Transit District (hereinafter referred to as" ACTransit" or "District"), a special transit district established pursuant to CaliforniaPublic Utilities Code, Section 24501 et seq., and ____________, ________,(hereinafter referred to as (“CONSULTANT/ PROJECT MANAGER”).

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. SCOPE OF WORK

Consultant/Construction Project Manager shall furnish the District all labor,equipment, supplies, material and services as specified in and in full accordancewith the Request for Qualifications/Proposal as issued by the District and asdescribed in Consultant/Construction Project Manager’s Proposal No. 2002-794dated ___________

2. COMPONENT PARTS OF AGREEMENT

This Agreement shall consist of the following documents, each of which is on filewith the District, and is incorporated into and made a part of this Agreement byreference:

A. This Contract

B. The Request for Qualifications/Proposal Number 2002-794 issued by theDistrict dated _______ and any addenda thereto.

C. Any written memorandum resulting from negotiations between the parties.Consultant/ project Manager’s Technical proposal.

D. Consultant/Construction Project Manager’s proposal dated ___________

3. CONTRACT PRICE

Consultant/Construction Project Manager shall provide all of the Products andServices specified in this Contract at not to exceed a total contract price of$___________. The amount shall include all costs for labor, materials, tools,equipment, services, freight, insurance, overhead profit, and all other costs incidentalto the performance of the services specified under this Contract.




CONTRACT

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4. TIME OF PERFORMANCE

Consultant/Construction Project Manager shall commence providing services on_____________ and shall complete the work not later than ______________.

5. WAIVER

Failure of any party to exercise any right or option arising out of a breach of thisContract shall not be deemed a waiver of any right or option with respect to anysubsequent or different breach, or the continuance of any existing breach.

6. BINDING EFFECT

All of the terms, provisions and conditions of this Contract shall be binding upon andinure to the parties hereto and their respective successors, assigns and legalrepresentatives.

7. NOTICE

Any notices, which may be required under this, Contract shall be in writing, shall beeffective when received and shall be given by personal service, or by certified orregistered mail, return receipt requested, to the addresses set forth below, or to suchother addresses which may be specified in writing to all parties hereto.

District: Alameda-Contra Costa Transit District

General Manager

1600 Franklin Street

Oakland, California 94612

And:

Consultant/Construction Project Manager




CONTRACT

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8. ENTIRE AGREEMENT

A. This Contract represents the entire Agreement of the parties with respect to thesubject matter hereof, and all such Agreements entered into prior hereto arerevoked and superseded by this Contract, and no representations, warranties,inducements or oral Agreements have been made by any of the parties exceptas expressly set forth herein, or in other contemporaneous written agreements.

B. This Contract may not be changed, modified or rescinded except in writing,signed by all parties hereto, and any attempt at oral modification of this Contractshall be void and of no effect.

9. SEVERABILITY

If any provision of this Contract is declared void or unenforceable, such provisions shallbe deemed severed from this Contract, which shall otherwise remain in full force andeffect.

10. ASSIGNMENT/SUBCONTRACTING

The Consultant/ Project Manager shall not assign, transfer, convey, sublet orotherwise dispose of the Contract or any right, title, or interest in or to the same orany part thereof without prior consent of the District.

11. ATTORNEY’S FEES

In the event that it becomes necessary for either party to bring a lawsuit to enforceany provisions of the contract, the parties agree that the court having jurisdictionover such disputes shall have the authority to determine and fix reasonableattorney’s fees to be paid to the prevailing party.

12. GOVERNING LAW

This Contract, its interpretation and all work performed thereunder, shall begoverned by the laws of the state of California




CONTRACT

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IN WITNESS WHEREOF, the parties have executed this CONTRACT.

FOR ALAMEDA-CONTRA FOR: CONSULTANT/CONSTRUCTIONCOSTA TRANSIT: PROJECT MANAGER:

Rick Fernandez, Date (Print Name) DateGeneral Manager

Approved as to form: (Signature

Kenneth C. Scheidig (Title)General Counsel