Resolution 49-12RECORD OF RESOLUTIONS
Resolution No.
49 -12
Passed
20
A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS
PURSUANT TO SECTION 804 ( °CONTRACTING PROCEDURES") PARAGRAPH
(C) ( WAIVER OF COMPETITIVE BIDDING') FOR THE PURCHASE OF
DIESEL FUEL AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH CENTRAL OHIO FARMERS CO -OP (MARION OIL)
WHEREAS, Section 8.04(c) of the Revised Charter authorizes City Council, by a vote
of no less than five (5) members, to waive competitive bidding requirements if
Council determines that an item is available and can be acquired only from a single
source or when it is in the best interest of the City to do so; and
WHEREAS, it is necessary for the City of Dublin to purchase diesel fuel for use by
the City of Dublin, Dublin City Schools and Washington Township; and
WHEREAS, the City conducted a study of High Performance Clean Diesel (HPCD), a
newly developed fuel, to validate the fuel efficiency and emissions of this new fuel;
and
WHEREAS, the completed study determined that the fuel efficiency achieved from
using HPCD was greater than the increased cost of the fuel and that use of HPCD
resulted in significant emissions reductions; and
WHEREAS, the purchase of this newly developed fuel will continue to assist a
Dublin- based, start-up green technology company to develop and grow its business
in Dublin; and
WHEREAS, Council has determined that it is in the best interest of the City to waive
competitive bidding for this purchase; and
WHEREAS, Council has determined that the cost estimate of 15 cents gallon above
current state contract fuel pricing for this product is fair and appropriate.
NOW, THERENRE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, V of the elected members concurring that:
Section 1. Competitive bidding requirements are hereby waived for the procurement
of High Performance Clean Diesel Fuel.
Section 2. The City Manager is hereby authorized to enter into an agreement with
Marion Oil for the purchase of High Performance Clean Diesel Fuel
Section 3. This Resolution shall take effect upon passage in accordance with Section
4.04(a) of the Revised Charter.
Passed this ,�O day of C aC 2012.
Mayor - re iding Officer
ATTEST:
Clerk of Council
Office of the City Manager
Emerald Prkway* City of Dublin Pho n ne: 614 - 410.4400 • Fax: 14 - 1 0 -4490 1 0 90
Memo
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: August 16, 2012
Initiated By. Michelle L. Crandall, Director of Administrative Services
Re: Resolution 49 -12 — Waiving Competitive Bidding Requirements for Purchase of
Diesel Fuel
Background
Resolution 49 -12 proposes a one -year agreement (with the option for two, one -year
extensions) with Farmer's Co -op (Marion Oil) for the purchase of High Performance Clean
Diesel (HPCD). A copy of the proposed agreement, which was developed by Ice Miller, is
attached. In 2011, the City entered into a similar agreement with Marion Oil for a one -year
term in order to validate the fuel efficiency and emissions of HPCD. HPCD is a newly
developed fuel created by Eco Chem Alternative Fuels, a Dublin- based, green technology start-
up company with offices located in the Dublin Entrepreneurial Center (DEC).
In March 2011, the City entered into a fuel testing agreement with Marion Oil, Eco Chem
Alternative Fuels, Dublin City Schools and Washington Township to begin using HPCD and to
conduct a controlled study of 12 school buses to validate fuel efficiency and emissions
reduction. At this same time, the City contracted with Mike Long, Resource 100, to manage
the validation process and analyze the results. Between March and May of 2011 fuel usage
and emissions data was gathered on the buses, with several weeks of baseline data collected
using conventional Ultra Lower Sulfur Diesel (ULSD) diesel and several weeks of comparative
data collected using HPCD. The results showed an average increase in fuel efficiency of 16.1%
and emission reductions of 12% for hydrocarbons (HC) and 13% for nitrogen oxides (NOx).
Attached is a copy of the final validation report.
Based on these results, and the continued reliable use and supply of HPCD, City staff believes
it is in the City's best interest to continue the purchase of this fuel. Due to the fact that the City
of Dublin purchases fuel based on state contract pricing, Council is required to waive
competitive bidding in order for the City to purchase HPCD from Marion Oil, the sole supplier of
HPCD. The cost for HPCD is 15 cents /gallon above the state contract price; however, this
increase in cost will be negated by the gains in fuel efficiency (increase in miles /gallon). An
approximate 5% increase in fuel efficiency would be considered a break -even point for cost
recovery (based on a $3.00 /gallon cost for diesel). Current diesel pricing for the week of
August 12 (State of Ohio contract pricing) was approximately $3.55 /gallon.
Recommendation
Staff recommends passage of Resolution 49 -12. Should you have questions regarding this
memorandum, please contact Michelle Crandall at 410 -4403 (desk) or 206 -4886 (mobile).
Contract No:
CITY OF DUBLIN, OHIO STANDARD CONTRACT— PURCHASE OF GOODS
The City of Dublin, Ohio (DUBLIN), located at 5200 Emerald Parkway, Dublin, Ohio 43017, and Central
Ohio Farmers Co -op as seller (SELLER), an Ohio company, located at 730 Bellefontaine Avenue,
Marion, OH 43302, hereby enter into this Contract on August , 2012 for services in connection
with the purchase of High Performance Clean Diesel fuel as described herein (Fuel or Goods).
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY
IS ENCOURAGED WITH RESPECT TO ITS EXECUTION, COMPLETION, AND MODIFICATION.
CONTRACT DOCUMENTS
This Contract is for performance of the Contract identified above. All goods provided under this
Contract by SELLER shall be provided in accordance with the Contract Documents. The Contract
Documents comprise of and include this Standard Contract of the City of Dublin, Ohio, and where
applicable: General and Supplemental Conditions, Plans and Specifications, Contract Manuals and
all amendments thereto. These Contract Documents are hereby specifically incorporated herein as
part of this Contract.
SELLER further represents and warrants that it is familiar with the entire Scope of its work under the
Contract Documents and that the Contract Price includes all of its work that is specifically included
in the Contract Documents or which is reasonably inferable from the Contract Documents.
In the event of inconsistencies within or between parts of the Contract Documents, or between the
Contract Documents and applicable standards, codes, and ordinances, SELLER shall (i) provide the
better quality or greater quantity of goods or (ii) comply with the more stringent requirement.
II. DESCRIPTION OF GOODS
SELLER agrees to sell and deliver and DUBLIN agrees to buy, receive, and pay for during the term and
in accordance with the provisions of this Contract, the following described goods at the quantity set
forth below and at the prices specified:
High Performance Clean Diesel (HPCD) which is to be provided at State of Ohio required
contract pricing plus fifteen (15) cents per gallon.
Ill. CONTRACT PRICE
As full compensation for performance of the Contract, DUBLIN agrees to pay SELLER the Contract Price
as established through the State of Ohio plus fifteen (15) cents /gallon for the satisfactory
performance of the Contract and based upon the description of goods set forth in Section II of this
Contract.
[M216 7311 1
IV. TIME FOR DELIVERY
SELLER shall deliver the goods under this Contract as needed by Dublin.
V. RECEIPT OF GOODS AND PRE - DELIVERY SERVICE
Pre - delivery Service: Fuel is to be delivered, as directed, at a location designated by DUBLIN. The
goods will be deemed received by DUBLIN SUBJECT to DUBLIN rights of inspection and rejection under
this Contract, when delivered to it at 6555 Shier Rings Road, Dublin, Ohio 43016.
VI. Warranty Against Encumbrances
SELLER warrants that the goods are now free, and at the time of delivery will be free, from any
security interest or other lien or encumbrance.
VII. Warranty of Title
SELLER warrants that at the time of signing this contract, SELLER neither knows, nor has reason to
know, of the existence of any outstanding title or claim of title hostile to the rights of SELLER in the
goods.
VIII. Procedure as to Rejected Goods
On receipt of notification of rejection, SELLER will immediately arrange to receive back the goods for
shipment and return. When the goods are confirmed or acquiesced as nonconforming, SELLER will
ship conforming goods within 14 days of the notice of rejection unless DUBLIN earlier notifies SELLER
to forego the shipment.
IX. RISK OF LOSS
The risk of loss from any casualty to the goods, regardless of the cause, will be on SELLER up to the
time of receipt of the goods by DUBLIN at the place of delivery, but only after any proper inspection
has been completed without rejection of the goods. Thereafter, the risk will be on DUBLIN, including
any goods returned to SELLER until their receipt by SELLER.
f•;�3TITA U / Zili!G7h [el
SELLER shall if required, furnish to DUBLIN appropriate surety bonds to secure performance of the
Contract and to satisfy all SELLER's payment obligations under the Contract. The surety bond shall
provide that the terms of the Contract Documents are incorporated by reference therein. Any bond
provided by SELLER pursuant to this provision is hereby deemed to so incorporate the Contract
Documents and it is understood that the surety is accepting every responsibility and obligation
(M216 731.1
which SELLER has assumed toward DUBLIN under the Contract Documents, including but not limited
to liability for indemnity, attorneys' fees, and delay damages.
Bid Bond: ❑ Required X Not Required
Performance & Payment Bonds ❑ Required X Not Required
If a performance or payment bond, or both, are required of the SELLER under this Contract, then said
bonds shall be in the full amount of the Contract Price, unless otherwise specified herein.
The cost of the bond, if required, is included in the Contract Price
In the event SELLER shall fail to provide the required bonds within seven days after date of signature
of this Contract by both Parties, DUBLIN after giving the SELLER written notice and an opportunity to
cure within 3 days of the written notice may terminate this Contract and enter into a contract for
the balance of the Contract with another contractor. The SELLER shall pay all DUBLIN's costs and
expenses incurred by DUBLIN as a result of said termination.
XI. PERFORMANCE OF CONTRACT
SELLER shall undertake all activities necessary for the performance of its Contract immediately upon
Contract execution and shall commence performing hereunder so that the entire Contract may be
completed in accordance with the Contract Schedule of 1 year. SELLER shall perform, coordinate,
and schedule its obligations so as not to cause any delay or disruption to the Contract Schedule, the
Contracts of other entities, or the completion date of the Contract.
XII. RELATIONSHIP OF THE PARTIES
SELLER accepts the relationship of trust and confidence established by this Contract to exercise its
skill and judgment to further DUBLIN's interests, and to perform the Contract in an expeditious and
economical manner consistent with DUBLIN's interests. Nothing in this Contract shall be construed
to constitute the relationship between SELLER and DUBLIN as a partnership, association, or joint
venture.
SELLER shall perform its Contract under the general direction of DUBLIN (and /or DUBLIN's
representative, construction manager, architect, or other duly authorized individual /entity) and in
accordance with this Contract and as reasonably inferable from the Contract Documents as being
necessary to produce the intended results as specified hereafter.
(H21U7311)3
XIII. CONTRACT SCHEDULE
SELLER agrees to provide fuel to DUBLIN for 1 year from time of execution of this contract (referred
to in this Contract as the "Contract Schedule "). This contract can be extended beyond this one -year
contract for two additional one -year extensions by mutual agreement of DUBLIN and SELLER. By
agreeing to perform its Contract in accordance with the Contract Schedule, SELLER has included
reasonable allowances for weather and unusual or unforeseen delays. If requested by DUBLIN, SELLER
shall participate and cooperate in the development of any revisions to the Contract Schedule.
XIV. PERFORMANCE
SELLER shall use its best care, skill, and diligence in supervising, directing and performing, the
Contract. SELLER shall have sole responsibility for the performance of the Contract, including the
methods, techniques, and means for completing all portions of the Contract. SELLER has the
responsibility to ensure that all material suppliers and subcontractors adhere to the Contract
Documents, and that they order materials in time, taking into account the current market regarding
both pricing and delivery conditions.
XV. EXTRAORDINARY MEASURES BY DUBLIN
In addition to its other rights under this Contract, DUBLIN will have the right to effect cover by
purchasing or agreeing to purchase substitute goods in the open market in the event that SELLER
breaches this sales agreement by failing to deliver the goods as specified in this agreement, or by
repudiating the entire agreement. The purchase or agreement to purchase substituted goods must
be reasonable and effected without unreasonable delay.
XVI. INTERPRETATION OF CONTRACT
A. INCONSISTENCIES AND OMISSIONS
Should inconsistencies or omissions appear in the Contract Documents, it shall be the duty of SELLER
to so notify DUBLIN in writing within three (3) Contracting days of SELLER's discovery thereof. Upon
receipt of said notice, DUBLIN shall instruct the SELLER as to the measures to be taken and SELLER shall
comply with DUBLIN's instructions. If SELLER performs Contract knowing it to be contrary to any
applicable laws, statues, ordinances, building codes, rules, or regulations without notice to DUBLIN
and advance approval by appropriate authorities, then SELLER shall assume full responsibility for
such Contract and shall bear all associated costs, charges, fees, and expenses necessarily incurred to
remedy the situation.
B. LAW AND EFFECT
The parties acknowledge that the transaction that is the subject matter of this agreement bears a
reasonable relation to the State of Ohio, and agree that in the event of any dispute or disagreement
between them relating to this agreement, the law of the State of Ohio will govern their rights and
cH21M7311 t4
duties under this agreement. The parties specifically intend that the provisions of Chapter 1302 of
the Ohio Uniform Commercial Code will control as to all aspects of this agreement and its
interpretation, and that all the definitions contained there will apply to this agreement except
where this agreement may expressly provide otherwise.
C. SEVERABILITY
The partial or complete invalidity of anyone or more provisions of this Contract shall not affect the
validity or continuing force and effect of any other provision.
D. ENTIRE CONTRACT
The parties to this contract intend the foregoing writing to be the final, complete, and exclusive
expression of all the terms of their agreement. No course of dealing or usage of trade or course of
performance may be used to supplement or explain the terms of this agreement or the obligations
and rights of the parties to this agreement.
E. MODIFICATION OF UNCONSCIONABLE CLAUSES
If any clause of this Contract is held to be unconscionable by any court of competent jurisdiction,
the clause in question will be modified to eliminate the unconscionable element and as so modified,
the clause will be binding on the parties. The remaining provisions of this agreement will not be
affected by the modification of any unconscionable clause.
"Unconscionable" will be deemed to mean that the enforcement of the entire agreement or a
specific clause of the agreement will work oppression or cause unfair surprise to one of the parties.
Unconscionability will be determined as of the time when the agreement is made, but will not be
deemed established either by the fact that the agreement subsequently proved disadvantageous to
one of the parties or by the fact that one of the parties has bargaining power superior to that of the
other.
F. FAILURE TO ASSERT RIGHT OR REMEDY— NONWAIVER OF ANY OTHER RIGHT OR
REMEDY
A failure to assert any rights or remedies available to a party under the terms of this sales Contract,
or a waiver of the rights or remedies available to a party by a course of dealing or otherwise, will
not be deemed to be a waiver of any other right or remedy under this contract, unless the waiver of
the right or remedy is contained in a writing signed by the party alleged to have waived its other
rights or remedies.
XVII. COORDINATION AND COOPERATION
SELLER shall cooperate with DUBLIN and all others whose work may interfere or interface with the
Contract.
(H31W31.1 t5
XVIII. AUTHORIZED REPRESENTATIVE
Unless otherwise stated in writing by DUBLIN, SELLER shall have a competent supervisor,
superintendent, or representative, satisfactory to DUBLIN, on the Contract at all times with authority
to act on behalf of SELLER with respect to the Contract and for the purpose of receiving notices,
orders, and instructions. SELLER shall identify the person or persons so authorized to act on its
behalf, in writing, before commencing work on the Contract. All decisions or representations made
by SELLER's designated representative for this Contract, whether oral or written, shall be binding on
SELLER.
XIX. TESTS AND INSPECTIONS
SELLER shall schedule all required tests, approvals, and inspections of the Contract or portions
thereof at appropriate times so as not to delay the progress of the Contract. SELLER shall bear all
expenses associated with tests, inspections and approvals required of the SELLER by the Contract
Documents, unless otherwise agreed to.
XX. MATERIALS FURNISHED BY OTHERS
In the event the scope of the Contract includes installation of materials or equipment furnished by
others, it shall be the responsibility of SELLER to examine those items, store and install the items,
unless otherwise provided for in the Contract Documents, with such skill and care as to ensure a
satisfactory and proper installation. Loss or damage due to acts of SELLER shall be deducted from
any amounts due or to become due SELLER under this Contract.
XXI. SUBSTITUTIONS
No substitutions shall be made in the Contract unless permitted in the Contract Documents and
then only upon the SELLER first receiving all approvals required under the Contract Documents for
substitutions including final approval by DUBLIN, which DUBLIN in its sole discretion may withhold.
XXII. EXPRESS WARRANTY
With respect to the goods purchased under this agreement and all other goods purchased from
SELLER, SELLER expressly warrants for the warranty period as follows: (a) the goods will strictly
conform to all specifications, statements on containers or labels, descriptions and samples; (b) the
goods will be of the highest quality; (c) DUBLIN will receive title to the goods that is free and clear of
any liens, encumbrances and any actual or claimed patent, copyright or trademark infringement; (d)
the goods will be merchantable, safe and fit for the DUBLIN's intended purposes, which purposes
have been communicated to SELLER; (e) the goods will be adequately contained, packaged, marked
and labeled; (f) all services performed by SELLER will be performed in a competent, workmanlike
manner; (g) the goods will be manufactured in compliance with all applicable federal, state and
local laws, regulations or orders, and agency or association standards or other standards applicable
to manufacture, labeling, transporting, licensing, approval or certification, and any law or order
(H216 731.1 }6
pertaining to discrimination; (h) the goods shall be EPA Certified as required elsewhere in this
Contract. These warranties will be in addition to all other warranties, express, implied, or statutory.
These warranties will survive inspection, test, delivery, acceptance, use, and payment by DUBLIN and
will inure to the benefit of DUBLIN, its successors, assigns, customers and the users of DUBLIN'S
products. These warranties may not be limited or disclaimed.
If DUBLIN experiences any defect, failure or nonconformity during the warranty period, DUBLIN WIII
have the right to take the following actions, at DUBLIN'S option: (1) retain the defective goods in
whole or in part with an appropriate adjustment in the price for the goods; (2) require SELLER to
replace the defective goods in whole or in part at SELLER's sole expense, including all shipping and
transportation costs; (3) correct or replace the defective items with similar items and recover the
total cost from SELLER, including the cost of product recalls; or (4) exercise all other rights under the
Ohio Uniform Commercial Code and any other applicable statutes.
During the warranty period, SELLER agrees to be responsible for any and all damaged City of Dublin
equipment, vehicles, and /or property that are determined to be damaged as a result of the use of
the High Performance Clean Diesel (HPCD) fuel.
For purposes of this agreement, "warranty period" will mean: 36 months from the day of first use of
the goods by DUBLIN or acceptance by DUBLIN, whichever occurs later. Notwithstanding the
foregoing, SELLER agrees to waive the expiration of the warranty period in the event there are
failures or defects discovered after the warranty period in a significant portion of DUBLIN's
equipment, vehicles, and /or property which, in DUBLIN's opinion, constitutes a threat of damage to
property or to the health and safety of any person.
SELLER further agrees to furnish any manufacturer's or special warranties relating to its Contract
prior to and as a condition of final payment. SELLER agrees to perform any remedial or corrective
Contract necessary to satisfy its warranty obligations without cost to DUBLIN.
XXIII. SAFETY OF PERSONS AND PROPERTY
SELLER is responsible for the health and safety of its employees, agents, subcontractors, and other
persons on and adjacent to the Contract delivery site. SELLER, however, shall take all necessary and
prudent safety precautions with respect to its Contract and shall comply with all safety programs
and measures, and with all applicable laws, ordinances, rules, regulations, and orders of any public
authority for the safety of persons or property, including, but not limited to, OSHA. SELLER shall also
coordinate Contract activities with DUBLIN, other contractors or entities, or any other parties
involved with this Contract to reduce the risk of an accident or injury occurring.
SELLER shall protect any of its goods and materials susceptible to damage from moisture or hosting
of mold at all times. SELLER agrees to indemnify, hold harmless and defend DUBLIN from any and all
claims, losses, costs and expenses (including, but not limited to, all attorneys' and consultants' fees)
relating to or arising from mold resulting from SELLER's Contract.
{H216 731.1i7
XXIV. INSURANCE
A. SELLER'S INSURANCE
Prior to start of the Contract, SELLER shall procure and maintain in full force and effect Workers'
Compensation Insurance, Employer's Liability Insurance, Comprehensive or Commercial General
Liability Insurance on an occurrence basis, and any additional insurance required of SELLER. SELLER
shall deliver all certificates of insurance to DUBLIN, or upon request, copies of the actual insurance
policies. All liability insurance policies described above shall be written on a comprehensive form
and shall conform to the laws of the State of Ohio. Before any of the SELLER's employees perform
any work on the Contract, SELLER shall furnish DUBLIN with the Insurance Company's certificate that
such coverage has been provided and each certificate shall contain the required limits. DUBLIN shall
be specifically named and included as an additional insured party under all coverage required by
this Contract and coverage for such additional insured shall also be amended to include a waiver of
subrogation and primary and noncontributing endorsements in favor of the additional insured.
The types of insurance, and minimum amount of limits, required hereunder are:
(A) Workers' Compensation Insurance coverage: statutory requirements in the State of Ohio.
(B) Employers Liability Insurance with limits of not less than $1,000,000 to anyone person:
USL &H; FELA; Jones Act; and, Continental Shelf Act Endorsements, if applicable.
(C) Commercial General Liability Insurance, written on an occurrence form
x Standard Limits
❑ Excess Liability Policy, if applicable: $000,000.
❑ Professional Liability, if applicable, $1,000,000 Each Occurrence, with not less than a Five
Year Completed Operations period if claims -made coverage.
❑ Other policies.
B. NUMBER OF POLICIES
Commercial General Liability insurance and other liability insurance may be arranged under a single
policy for the full limits required or by a combination of underlying policies with the balance
provided by an Excess or Umbrella Liability Policy. The Umbrella Liability coverage must be as broad
as or broader than the Primary Insurance Policies.
(X2166)31.1 )8
C. PROPERTY INSURANCE
SELLER is responsible to provide insurance coverage for tools, equipment, or personal belongings
that are owned or leased by the SELLER or Its employees at SELLER's own expense. SELLER accepts and
shall bear the risk of loss for its property, material, or equipment, which is stored on -site and off -
site.
D. SUBROGATION
SELLER on behalf of itself, its insurers, successors and assigns does hereby waive any and all rights of
subrogation against DUBLIN relating to or arising from any loss or damage which is within any
insurance coverage of SELLER, regardless of whether a claim has been submitted to or denied by the
insurer.
XXV. INDEMNIFICATION AND DUTY TO DEFEND
Except to the extent expressly prohibited by statute, SELLER agrees to fully indemnify and hold
harmless DUBLIN and its elected officials, agents, officers, representatives, attorneys, employees,
volunteers, indemnities, independent contractors and invitees from and against any and all claims,
causes of action, amounts, damages, demands, expenses, judgments, liabilities, losses, obligations,
proceedings and costs, including actual attorneys' fees, expert witness fees and costs incurred, that
in whole or in part, arise out of, involve, result from, relate to or are alleged to have been caused
by:
(a) The performance of any aspect of the Contract by SELLER or any of its subcontractors,
independent contractors, suppliers, manufacturers, materialmen or persons or entities for whose
acts SELLER is or may be liable and /or their respective agents and /or employees;
(b) Act(s), failure(s) to act, omission(s) or negligence of or by SELLER or any of its subcontractors,
suppliers, manufacturers, materialmen or persons or entities for whose acts SELLER is or may be
liable and /or any of their respective agents and /or employees.
(c) Injury or death to persons or damage to property which arises out of, involves, results from,
relates to or is caused by, in whole or in part, any action(s), inaction(s) and /or negligence of or by
SELLER or any of its subcontractors, independent contractors, suppliers, manufacturers, materialmen
or persons or entities for whose acts SELLER is or may be liable and /or any of their respective agents
and /or employees including without limitation, breach of warranty or product liability; provided,
however, that SELLER's obligation to indemnify DUBLIN will not apply to any liabilities solely arising
from DUBLIN's negligence.
(d) The failure of SELLER to pay its subcontractors, suppliers, materialmen, laborers, union fringe
benefits or any other obligation arising in the performance of the Contract.
(H216 731.119
This indemnification provision shall not be construed to negate, abridge, or reduce any other rights
of DUBLIN and its elected officials, agents, officers, representatives, attorneys, employees,
volunteers, indemnities, independent contractors and invitees.
In the event that any such claims, loss, cost, expense, liability, damage or other injury arise or are
made or threatened against any indemnity hereunder, DUBLIN shall have the right to withhold any
payments due or to become due to SELLER an amount sufficient in its judgment and sole discretion
to protect and indemnify in accordance with this provision against any and all such claims, loss,
damage, cost and expense.
All indemnity obligations set forth in this Contract shall survive the termination of this Contract or
the completion of SELLER's Contract.
XXVI. DELAYS /TIME IMPACT
Should SELLER delay the progress of the Contract so as to cause DUBLIN to suffer or become liable for
any damages, SELLER agrees to pay to DUBLIN the full amount of any and all such damages. Such
damages, at DUBLIN'S option, may be deducted from any payments due, or which become due,
under the Contract. Nothing in this paragraph shall limit DUBLIN's right to claim all actual damages
sustained by it as a result of SELLER's delay. In addition, DUBLIN may terminate this Contract for
default as provided in this Contract.
DUBLIN shall not be liable to SELLER for delay to SELLER's Contract by reason of fire or other casualty; or
on account of riots or of strikes, or other combined action of other persons; or on account of any
acts of God; or any other cause, whether foreseen or unforeseen, beyond DUBLIN's control.
XXVII. DISPUTE RESOLUTION
A. INITIAL DISPUTE RESOLUTION
If a dispute arises out of, or relates to this Contract or the alleged breach thereof, the parties shall
endeavor to settle the dispute first through direct discussions by and between the parties
respective Managers or principals.
If the dispute cannot be settled through direct discussions, the parties shall then endeavor to settle
the dispute by mediation. Notice of demand for mediation shall be filed in writing with the other
party to this Contract. The demand for mediation shall be made within a reasonable time after
written notice of the claim, dispute or other matter in question has been given, but in no event shall
it be made when institution of legal or equitable proceedings based on such claim, dispute, or other
matter in question would be barred by the applicable statues of limitation. The location of the
proceedings shall be in Dublin, Ohio, unless the parties agree otherwise. The parties shall share all
costs of the mediation equally.
{H216 731.1 }10
B. ARBITRATION /LITIGATION
In the event that a dispute is not resolved as set forth above, DUBLIN shall have the right, in its sole
and exclusive discretion, to elect whether the dispute will then be decided by arbitration or
litigation. In the event that DUBLIN should elect to resolve the dispute through Arbitration, it shall so
notify SELLER in writing. The parties will then meet or confer to reach Contract on an arbitrator. The
arbitration shall be conducted in general conformity with the Rules of the American Arbitration
Association; however, the American Arbitration Association shall not administer the arbitration.
The locale of any arbitration hearing shall be Dublin, Ohio. Any award rendered in the arbitration
shall be final and binding upon the parties and may be enforced in any court of competent
jurisdiction.
In the event that Contractor should elect to resolve the dispute through litigation jurisdiction
thereof shall reside exclusively with the Common Pleas court of Franklin County, Ohio.
C. PREVAILING PARTY
In the event of any arbitration, the prevailing party shall be awarded its share of the arbitration
costs and arbitrator compensation. For the purpose of the application of this provision, the
arbitrator(s) shall determine the prevailing party as follows: the prevailing party shall be that party
who's last written settlement position (demand /offer) made before the commencement of the
arbitration hearing(s) is closest to the final award rendered by the arbitrator(s). In order to be
considered for the purpose of this provision, any settlement position (demand /offer) must be in
writing and must have been delivered by certified mail to the other party. It is the intent of this
provision for the arbitrator(s) to identify the true party prevailing in any arbitration proceeding. To
that end, in the event that a party seeking relief has not taken a settlement position, i.e. the
claimant, the arbitrator(s) shall consider the settlement demand to be the full relief requested in
the arbitration demand. In the event that the respondent has not taken a settlement position, the
arbitrator(s) shall consider the offer to be a complete rejection of the relief requested by the
claimant. Where there are mixed claims and counterclaims, the determination of the prevailing
party shall be within the discretion of the arbitrator(s) consistent with the intent of this provision."
D. CONTRACT CONTINUATION AND PAYMENT
SELLER shall carry on the Contract and maintain the Contract Schedule pending final resolution of a
Claim including mediation, arbitration, or litigation, unless the Contract has been terminated or the
Contract suspended as provided for in the Contract, or the parties otherwise agree in writing to a
partial or total suspension of the Contract. If SELLER is continuing to perform in accordance with the
Contract, DUBLIN shall continue to make undisputed payments as required by the Contract.
(H21W31.1 )11
XXVIII. RECOURSE BY DUBLIN
A. TERMINATION BY DUBLIN
1. Termination for Default /Cause
DUBLIN may terminate this agreement or any order under this agreement for cause in the event of
any default by SELLER. The following are causes, among others, allowing DUBLIN to terminate this
order: (i) late deliveries, (ii) deliveries of goods that are defective or that do not conform to this
agreement, or (iii) failure upon request to provide DUBLIN with reasonable assurances of future
performance. Additionally, DUBLIN may immediately cancel this agreement in the event of any of
the following: (i) insolvency Of SELLER; (ii) the filing of an involuntary or voluntary petition of
bankruptcy against SELLER; (iii) the execution by SELLER of an assignment for the benefit of creditors;
or (iv) the appointment of a receiver over SELLER's assets. In the event of termination for cause,
DUBLIN will not be liable to SELLER for any amount, and SELLER will be liable to DUBLIN for all damages
sustained by reason of the default which gave rise to the termination.
2. Termination for Convenience
DUBLIN reserves the right to terminate this agreement or any order under this agreement for its sole
convenience. In the event of such a termination, SELLER immediately will stop all work, and will
immediately cause all of its suppliers and subcontractors to cease work. Upon approval by DUBLIN,
SELLER will be paid a reasonable termination charge consisting solely of a one percent of the order
price reflecting the percentage of the work performed prior to the notice of termination. Within 14
days after receipt of a termination notice, SELLER will submit its claim. DUBLIN reserves the right to
verify the claim by auditing all relevant records. SELLER will not be paid for any work performed after
receipt of the notice of termination, nor for any costs incurred by SELLER'S suppliers or
subcontractors which SELLER could reasonably have avoided. In no event will DUBLIN be liable for loss
of profits or other cancellation charges.
In the event that any court or arbitration panel should determine that a termination Of SELLER by
DUBLIN for cause was a breach Of the Contract, any such termination shall immediately be converted
to a termination for convenience and SELLER's damages shall be so calculated.
3. Material Changes
DUBLIN will have the right to make any changes, additions, or alterations in the items, quantities,
destination, specifications, drawings, designs, or delivery schedules. The parties will undertake to
negotiate an appropriate adjustment in price and terms where the SELLER's direct costs are
materially affected by the changes. Any request by SELLER for an adjustment in price or terms must
be made within 14 days of any such change. All changes and adjustments, if any, must be in writing
and signed by a duly authorized representative of DUBLIN.
(H21W731.1)12
XXIX. EQUAL OPPORTUNITY EMPLOYMENT
SELLER shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, age, or national origin. SELLER shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, age, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. SELLER agrees to post in
conspicuous places, available to employees and applicants for employment, notices, which may be
provided by DUBLIN setting forth the provisions of this equal opportunity pledge and commitment.
SELLER shall comply with all provisions of the DPW Regulation on EEO, and the implementing rules,
regulations and applicable orders of the State Equal Employment Opportunity Coordinator.
03 ;�11I I!I:Z I7 §X* 1I0X L4#1' &L:
In addition to the foregoing, by executing this Contract the SELLER attests, confirms, and represents
that it does not have an unresolved finding for recovery under Ohio Revised Code Section 9.24.
Further, SELLER represents that it is authorized and licensed to conduct business in the State of Ohio
as required by Ohio Revised Code Sections 1703.01 to 1703.31.
XXXI. DECLARATION REGARDING MATERIAL ASSISTANCE /NONASSISTANCE TO
TERRORISTS
In accordance with Ohio Revised Code Section 2909.33, SELLER shall submit with this executed
Contract a completed Declaration of Material Assistance /Nonassistance to Terrorists Form —
Government Business and Funding Contracts Version —which is available through the Ohio Division
of Public Safety, Division of Homeland Security at www.publicsafety.ohio.gov /links /hIsO038.pdf.
XXXII. FLOW DOWN REQUIREMENT AND COOPERATION FOR GRANT REPORTING
DUBLIN intends to apply proceeds from an American Recovery and Reinvestment Act Grant to
eligible payments under a contract associated with this Project. Any payments made under the
proposed contract will be subject, in all respects, to the terms and conditions of the Grant
Agreement and related documents, including restrictions on the use of ARRA funding and
conditions to the disbursement of ARRA funding, which are hereby made a part of this Contract.
No party other than the Owner and the Grantor shall derive any rights from the Grant Agreement
nor have any claim to the proceeds of the ARRA Funding. At no additional cost to DUBLIN, SELLER
shall fully cooperate with Dublin in timely providing data necessary for DUBLIN to meet its reporting
requirements under the grant agreement.
{Hn0 73i.1
DUBLIN /OWNER:
CITY OF DUBLIN, OHIO
By:
Its:
Date:
A;lgll[
By:
Its:
Date:
APPROVED AS TO FORM:
Law Director
Date:
(Hn5 731.1114
FISCAL OFFICER'S STATEMENT OF AVAILABILITY
I hereby certify that I am the City Finance Director for the City of Dublin,
Ohio and that the amount of money to wit required to meet
the cost of the attached Contract between the City of Dublin, Ohio and
has been or will be, prior to the ordering of any materials,
lawfully appropriated for the purpose of said Contract and the money so appropriated is on deposit
or in process of collection to the credit of the appropriate fund free from any previous
encumbrances. Moneys due in excess of the Contract Sum and any Contingency amount assigned
thereto shall require an additional and separate Fiscal Officer's Statement of Availability which shall
not be given unless the Contract adjustment is directly attributable to one of the express methods
for increasing the Contract Sum under the Contract Documents; and, such process is completed in
the manner required by the Contract Documents.
2012
M
Title: Finance Director
(H21W731.1)15
XXXIII. DELINQUENT PERSONAL PROPERTY TAX AFFIDAVIT
State of
County of ss:
1, (Affiant), (Title) of
(the "Seller "), after being cautioned and sworn, represent to the City of
Dublin, Ohio, the following: (check the appropriate statement)
❑ At the time the Proposal was submitted, the Seller was not charged with delinquent personal
property taxes on the General Tax Lists of Personal Property of a county in which the City of Dublin,
Ohio has territory.
OR
❑ At the time the Proposal was submitted, the Seller was charged with delinquent personal
property taxes on the General Tax Lists of Personal Property of a county in which the City of Dublin,
Ohio has territory and that the amounts of such due and unpaid delinquent taxes, including due and
unpaid penalties and interest, are set forth below:
Taxes: Penalties and Interest: Counties:
(Signature of Affiant)
(Print Name)
Sworn to and subscribed before me this day of 20_.
Notary Public
{X2166)31.1 J V
XXXIV. CONTRACT BOND (O.R.C. § 153.57)
KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned
( "Contractor "), as principal, and
as surety, are hereby held and
firmly bound unto the City of Dublin City, Ohio ( "Owner") as obligee, in the penal sum of
Dollars
($ ), for the payment of which well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that whereas, the above -named
principal did on the day of , 20 enter into a contract with the Owner for
related to ( "Project "),
which said contract is made a part of this bond the same as though set forth herein:
Now, if the said Contractor shall well and faithfully do and perform the things agreed by the
Contractor to be done and performed according to the terms of said contract; and shall pay all
lawful claims of subcontractors, materialmen, and laborers, for labor performed and materials
furnished in the carrying forward, performing, or completing of said contract; we agreeing and
assenting that this undertaking shall be for the benefit of any materialman or laborer having a just
claim, as well as for the obligee herein; then this obligation shall be void; otherwise the same shall
remain in full force and effect; it being expressly understood and agreed that the liability of the
surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation
as herein stated.
The said surety hereby stipulates and agrees that no modifications, omissions, or additions
in or to the terms of the said contract or in or to the plans or specifications therefore shall in any
wise affect the obligations of said surety on its bond, and does hereby waive notice of any such
modifications, omissions or additions to the terms of the contract or to the work or to the
specifications.
Signed and sealed this day of 20
Principal
Printed Name & Title
Surety
Bv:
(Attorney -in -fact)
Printed Name & Title
Surety's Address
Surety's Telephone & Fax Numbers
tH21e731.1)17
Name of Surety's Agent
Surety's Agent's Address
Surety's Agent's Telephone & Fax Numbers
The foregoing Contract Bond is hereby approved:
Date
City Attorney
{H2168) A118
A Report on the Evaluation and Comparison of Fuel
Economy and Vehicle Emissions of High
Performance Clean Diesel (HPCD) as Produced by
Eco Chem Alternative Fuels
Report Prepared for:
Michelle L. Crandall
Director of Administrative Services
City of Dublin Ohio
Report Prepared by:
Michael D. Long, P.E.
Resource100 LTD
Dublin Entrepreneurial Center, Suite 209
R� RCH
Final Report
June 23, 2011
Background
The City of Dublin, Ohio (Dublin) is interested in validating the claims that a new diesel fuel
produced by Eco Chem Alternative Fuels (EAF) meets its claims of improved fuel performance
and reduced vehicle emissions. To that end, Dublin contracted with Resource100 LTD, a tenant
in the DEC to manage a fuel performance evaluation and perform certain statistical analysis.
The following is the final report prepared by Resource100 LTD.
Exnerimental Design
The goal of this HPCD validation project is to compare various attributes of two diesel fuels,
conventional #2 Ultra Low Sulfur Diesel (ULSD) and High Performance Clean Diesel (HPCD) as
produced by EAF. The subjects of the two fuels are school busses owned and operated by the
City of Dublin School District. The attributes compared were:
• Fuel economy (MPG)
• NO emissions (PPM)
• HC emissions (PPM)
The experiment to compare the two fuels could have been designed in two ways. One way
would be to recruit 12 busses and operate 6 busses on the ULSD and the other 6 busses on
HPCD. Then, after a suitable length of time measure the various attributes of interest for each
bus. This would lead to independent samples for which it is expected to find certain variability
among the busses - -- they all have different baseline fuel economy and emission profile
depending on age, maintenance history and other factors. It was observed that a problem
arises if this variability is large in that it could completely hide an important difference in the
fuel economy and emissions between the two fuels.
The other method, a paired design, attempts to remove some of this variability from the
analysis so it is possible to more clearly see any difference in fuel economy and emissions of the
fuels studied. In this case we would start with the same 12 busses, but this time each bus was
required to test both fuels.
It was then decided to reduce the number of busses in the experiment to 9 for the purposes of
the paired analysis and keep the other 3 busses running on the ULSD to the earlier of the
conclusion of the experiment or at a point where any season variation in the fuels could be
accounted for and corrected. This is described in the section following.
Subiect Vehicles
There were 12 busses owned and operated by the Dublin Ohio School District (DOSD) that were
utilized in this evaluation project. The same busses were used throughout. The busses were
selected to be representative of the DOSD fleet including low mileage, medium mileage and
large mileage busses. The busses all were used to transport students in everyday activities of
the DOSD.
Data Management
All data was collected utilizing a strict protocol designed and agreed to in a formal Validation
Project Plan (VPP) before the evaluation process began. Important features of the data
collection include:
1. All busses were fueled on previously determined days of the week; in most cases Monday,
Thursday and Friday.
2. By mutual consent, the busses were fueled by a representative of the City of Dublin, Ohio
(Dublin) and not the DOSD.
3. All data was recorded on log sheets by Dublin and forwarded by email to Resource100 LTD
for input to database and statistical analysis. A sample log sheet is shown in Appendix A.
4. A similar procedure was followed for the emissions testing. On certain pre- arranged days of
the week, early in the morning as the busses were first placed into service emissions testing
was performed by Dublin utilizing a 5 -gas analyzer.
5. Photographs were taken of each fueling showing the bus and odometer reading so that data
could be verified. A sample photograph is shown in Appendix B.
6. All data entry was double checked and verified for accuracy.
The Periods of the Experiment
As indicated previously, with the paired design the evaluation started with 9 busses operating
on both fuels. EAF disclosed that in their opinion it was likely that busses would show an
increase in vehicle emissions of HC and NO, and reduced fuel economy for a period of time
following the introduction of the HPCD. The theory behind this is that the HPCD does a
"scrubbing' of engine parts and during that time frame it is possible that many particles will be
released through the fuel, combustion and exhaust system thereby actually reducing
performance. The length of this Cleansing phase was estimated to be about 3 -4 weeks.
Therefore, the project was broken into 3 distinct periods: Baseline, Cleansing and Validation. In
addition to allow for the cleansing period, this approach allowed for the determination of
seasonal adjustment factors. This is shown in the table on the following page.
Period
Primary Purpose
Calendar
Seasonal Adjustment
Baseline
Baseline
performance data
March 8 —April 8
March 8— April 8
Cleansing
Allow engine
April 9 —April 29
April 9 —May 10
cleansing to occur
Validation
Comparative to
April 30 — May 27
Not applicable
baseline
As will be explained later in this report, there was a problem when the 5 -gas analyzer became
damaged and needed to be re- calibrated. As a result, data in the post - calibration near the end
of the testing in the validation period was discarded. This "lost' data was replaced by
incorporating data from the cleansing period. The experiment still had sufficient data to
perform statistical analysis but by including data from the cleansing period there is a recognized
bias toward higher emissions (assuming the EAF theory of cleansing is correct).
Data Collected and Calculations
For each and every day that emissions tests were performed and/ or a bus was fueled, data was
recorded on a bus - specific log sheet with respect to:
• Date
• Vehicle ID
• Type of fuel pumped
• Gallons of fuel pumped (with a requirement that the tank be topped off)
• Odometer reading
And, where applicable
• NO, emissions as recorded with a 5 -gas analyzer
• HC emissions with the same instrument.
The NO, and HC were recorded by the test instrument in parts per million (PPM). The busses
were taken from a cold start and immediately increased and held engine speed at 1000 RPM.
The two tests of interests were then recorded on the log sheet.
Following this test, the busses were then usually taken to the fueling station and the fuel
topped off. This data was then recorded on the log sheet.
All of the data was delivered to Resource100 LTD and then entered on a weekly basis into an
excel database.
4
The initial date of the project, March 8, 2011 was used to top off all the bus fuel tanks and
record the initial mileage. Thereafter, the miles per gallon statistic (MPG) were calculated by
dividing the difference between fuel filling stops by the gallons of fuel pumped.
The descriptive statistics for the raw uncorrected MPG data are shown in Appendix C.
Seasonal Effects and Corrections
There is always a question in an evaluation of fuels if the changed fuel performance or
emissions, if any, is due to the fuel itself or due to seasonal or climatic conditions. For example,
it is claimed that fuel performance can improve in summer months due in part to better
atomization of the fuel and more complete combustion. To account for any such effects, certain
busses were used to obtain correction factors for fuel efficiency and vehicle emissions.
The fuel performance validation began at the end of the winter of 2011 and moved through the
spring into late spring of 2011. Therefore it was expected to see some improved fuel
performance in the last month of the experiment, the Validation period. In order to determine
the amount and correct for this seasonal effect, if any, three busses (82, 109 and 127) were
operated on solely on ULSD through the BASE (late winter) and CLEANSING (early spring)
phases. There is no cleansing that occurs on the ULSD operated busses; but this term is used to
identify the period of year that the tests were conducted. The results for fuel performance are
shown in the Table 1 below.
BUS
BASE (MPG)
CLEANSING
(MPG)
DIFFERENCE
(MPG)
82
6.1
5.8
-.3
109
6.2
6.8
+.6
127
7.7
7.9
+.2
Net Difference
+.5
Correction Factor
+.167
Table 1 Seasonal Correction for Fuel Economy (MPG)
One bus, 82 had a decrease in fuel efficiency from late winter to early spring; the other two
buses had an increase. The net difference was .5 MPG and the average difference was +.167.
This average difference is then the Correction Factor which will be applied to all subsequent
data for comparison of the effect of the use of HPCD. In other words the first .167 MPG (about
2.5 %) improvement in fuel efficiency will be attribute to season effects and not the use of
HPCD
Next to be evaluated was the seasonal affects, if any, that occurred with the testing of HC and
NO emission. It should be noted that during the testing the equipment became water -
damaged and subsequently re- calibrated. The equipment can be used for future evaluations in
order to establish baseline conditions for comparative purposes. However, all post - calibration
data was discarded from further evaluation due to the distinct possibility from observed data
that a shift had occurred between the two datasets (i.e. before and after calibration). The
following Table 2 shows the results of HC emissions for the 3 busses during the baseline and
cleansing periods.
BUS
HC BASE (PPM)
CLEANSING
(PPM)
DIFFERENCE (PPM)
82
4
6
+2
109
3
5
+2
127
5
5
+0
Net Difference
+4
Correction Factor
+1.3
Table 2 Seasonal Correction for HC Emissions (PPM)
As predicted the HC emissions increased with warmer weather. A correction factor of 1.3 PPM
of HC emissions was applied to each of the mean data points in the Validation period. In this
case the 1.3 PPM was subtracted from the data points in order to compare the Validation
period results to the Baseline data.
The final seasonal evaluation applied was for the NO. emissions. The same procedure and
treatment of data was applied as to the HC emissions. The results are shown in Table 3 below.
BUS
NO BASE (PPM)
NO
CLEANSING
(PPM)
DIFFERENCE (PPM)
82
165
173
+8
109
140
131
-9
127
228
229
+1
Net Difference
+0
Correction Factor
+0.0
Table 3 Seasonal Correction for NO Emissions (PPM)
in the case of NOx emissions, there is on the average no detectable seasonal adjustment
necessary.
Statistical Analysis and Results
Chart 1 shown below is the average MPG for each bus for each period of the project. These are
for the 9 busses that changed from operating on ULSD to HPCD. By inspection it can be seen
that for every bus the fuel efficiency as measured by MPG using the HPCD was higher than the
ULSD. It should be noted that the data in this chart has been corrected for seasonal variation
by adding .167 MPG to each data point in the Validation period.
Chart 1 Fuel Economy (MPG) by Bus and Period
The results of the calculated MPG were then subjected to a series of statistical analysis
including calculation of descriptive statistics and testing the difference between two means (the
ULSD and HPCD) for paired data. The seasonally corrected means of the descriptive statistics
were used to create the Table 4 below.
In addition to looking at the original data, a new quantity can be calculated for each bus: the
difference between the mean of the two fuels Both confidence intervals and tests for paired
analyses use this difference.
7
Period 4
Baseline
Validation
Bus No
ULSD (MPG)
Corrected
HPCD (MPG)
DIFFERENCE
(MPG)
11
5.4
7.33
2.1
14
5.9
6.53
0.63
17
5.9
8.13
2.23
33
5.9
7.13
1.23
67
6.5
7.03
0.53
68
7.2
7.53
0.33
72
6.0
7.53
1.53
120
8.6
9.13
0.53
140
6.2
6.53
0.33
Average
6.4
7.43
1.033
Table 4 Corrected Results of Fuel Economy (MPG)
The mean of the differences is 1.033 MPG. That is, on the average, the HPCD fuel provided an
additional 1.0 MPG over the ULSD fuel. To get some idea of the uncertainty in this estimate, we
look at the confidence interval which says we are 95% confident that the mean difference in
between the two fuels is between 0.6 and 1.8 MPG.
These numbers are a little hard to relate to; so instead, they will be expressed as percentages.
Let K1 = 1.033 / mean (ULSD) = 1.033/6.4 = 16.1 %; that is on the average, the HPCD fuel
resulted in over 16% more fuel economy than the ULSD.
Similar calculations were performed on the statistic of HC emissions. The seasonally corrected
results are shown in the Table 5 below. It can be seen that the HC emissions were lower after
the busses switched from ULSD to the HPCD fuel in all cases but for Bus 33.
Period 4
Baseline
Validation
Bus No
ULSD (PPM)
Corrected
HPCD (PPM)
DIFFERENCE
(PPM)
11
4.0
3.7
-0.3
14
5.0
4.7
-0.3
17
5.0
43
-0.3
33
7.0
7.7
0.7
67
5.0
3.7
-1.3
68
5.0
3.7
-1.3
72
5.0
3.7
-1.3
120
6.0
4.7
-1.3
140
4.0
3.7
-0.3
Average
5.11
4.47
-0.63
Table 5 Corrected Results of HC Emissions (PPM)
The mean of the differences is a negative 0.63 PPM. That is, on the average, the HPCD fuel
when combusted produced 0.63 PPM less emissions than the same bus operating on ULSD as a
fuel. In order to better understand and relate to the results they will be expressed as
percentages.
Let K2 = -0.63/ mean (ULSD) _ - 0.63/5.11 = 12.3 %; that is, on the average, the HPCD fuel
resulted in about 12% less HC emissions than while operating on the ULSD.
It should be noted that this dataset included the Cleansing period as well as part of the
Validation period, so this estimate may be higher if the EAF claims hold that after the Cleansing
period the fuel emissions further reduce. What is not known at this time is how long the
Cleansing period actually is. The results of this study and this particular data indicates that
engine cleansing begins almost immediately and in turn the beneficial effects of the HPCD fuel
in terms of fuel economy and reduced emissions begins quickly as well.
Finally, calculations were performed on the statistic of NOx emissions. In this case, there was no
detected seasonal variation. The results are shown in the Table 6 below. It can be seen that the
NOx emissions were lower after the busses switched from ULSD to the HPCD fuel in_ all _cases.
Period 4
Baseline
Validation
Bus No
ULSD (PPM)
Corrected
HPCD (PPM)
DIFFERENCE
(PPM)
11
104
91
-13
14
214
195
-19
17
266
201
-65
33
81
64
-17
67
185
181
-4
68
234
184
-50
72
194
192
-2
120
135
108
-27
140
139
134
-5
Average
172
150
-22
Table 6 Corrected Results of NOx Emissions (PPM)
The mean of the differences is a negative 22 PPM. That is, on the average, the HPCD fuel when
combusted produced 22 PPM less emissions than the same bus operating on ULSD as a fuel. In
order to better understand and relate to the results they will be expressed as percentages.
Let K3 = -22/ mean (ULSD) _ - 22/172 = 12.8 %; that is, on the average, the HPCD fuel resulted in
about 13% less HC emissions than while operating on the ULSD.
Once again, note that this dataset included the Cleansing period as well as part of the
Validation period, so this estimate may be higher. For this reason, it is recommended that to
the extent possible, additional spot checks be made of the fuel economy and emissions for the
busses as they continue to operate on the HPCD. It will be important to learn where the fuel
performance peaks and determine if continued cleansing and further reduced emissions occurs.
Conclusions and Recommendation
• When corrected for seasonal variations of .167 MPG, the HPCD fueled busses showed an
average 1.2 -.167 or 1.033 MPG net improvement in fuel economy. On a percentage
basis, this equates to 1.033/6.4 or 16.1 %. The expected average increase in MPG by
using HPCD rather than conventional ULSD is 16.1 %. These results are show graphically
in Chart 2 below. The bottom section of each bar is the average MPG for each bus
operating with ULSD. The top section is the incremental boost in MPG on average by the
change to using exclusively HPCD.
Although individual busses varied, in every case, the HPCD showed an improvement in
fuel economy.
49 6
11 14 17 33 67 68 72 120 140
BUS
Chart 2 Impact on Fuel Economy of Switch from ULSD to HPCDF
• When corrected for seasonal variations, the HPCD fueled busses produced on average
12% less HC emissions than while operating on the ULSD.
10
• when corrected for seasonal variations, the HPCD fueled busses produced on average
13% less NO emissions than while operating on the ULSD.
• As stated previously, it is recommended that some if not all of the busses be monitored
for long -term changes in fuel economy and especially emissions. This is due to the fact
that some data from the cleansing period needed to be incorporated into the dataset in
order to perform the statistical analysis. Therefore, for the comparison of vehicle
emissions only, there was a merging of the data from the Cleansing and Validation
periods. It is possible that further reduced emissions will be found primarily because of
the previously mentioned bias toward higher emissions (see Page 4, Periods of the
Experiment).
• It is the opinion of Resource100 LTD that the for the subject vehicles HPCD fuel
produced statistically significant results of improved vehicle fuel economy and reduced
vehicle emissions over conventional # 2 ULSD fuel.
The above results are summarized in the table below:
Parameter
HPCD Percent Change
over ULSD
Units measured
Fuel Economy
+16.1%
MPG
HC Emissions
-12%
PPM
NO Emissions
-13%
PPM
Disclaimers
• The results and conclusions contained herein are the opinions of Resource100 LTD and
not necessarily the City of Dublin, Ohio or The City of Dublin Ohio School District.
• All work was performed independently by Resource100 LTD under contract to the City
of Dublin.
11
Appendix A
Sample Log Sheet
#2 HPCD FUEL VALIDATION PROJECT
Vehicle Fueling & Exhaust Test Log
ALL FUELING MUST BE TOPPED OFF! Type of Fuel Pumped: #2 HPCD
Operating Entity
DUBLIN CITY SCHOOLS
Date
Vehicle
ID No.
Odometer
Reading
Fuel
Pumped
Exhaust Testing Results
HC's NOx OP Other
4/5/11
67
417/11
67
4/8/11
67
4112111
67
-) 37
4/14/11
67
-7
6
f 9•7
4/15/11
67
14 876
j L
4 /
67
4128/11
67
a2snt
67
x`53
IQ•C.
Co
I
53/ 1
67
5/5/11
67
.S Sg /o
1
Co
5/6/11
67
5110/11
67
5/12111
67
Fueling Technician Test Technician
Signature and date Signature and date
DOCUMENT No. REV. PAGE
VPP2010 -2, v1.0 Draft 1 29 of 45
UNCONTROLLED COPY —Verity revision before use. Date Printed: 03/07/2011
12
Appendix B
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Sample Photographs
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Sample Photographs
A iR .
Appendix C
Descriptive Statistics: MPG
The following tables show the descriptive statistics from all the collected data. A separate table
is displayed for each Bus. For each of the three evaluation periods (Base, Cleansing and
Validation) the sample size (N), Mean, Standard Error of the Mean (SE) and Standard Deviation
(StDev) are shown. The sample size relates to the number of distinct fueling dates for each
period throughout the evaluation. There were between 30 and 32 data points for each bus. A
scatterplot of the uncorrected means of the data is also shown below.
Bus 11
Period
N
Mean
SE Mean
StDev
Base
12
5.412
0.407
1.409
Cleansing
8
7.181
0.533
1.506
Validation
12
7.506
0.604
2.092
Bus 14
Period N Mean SE Mean StDev
Base 12 5.937 0.401 1.389
Cleansing 8 6.689 0.552 1.562
Validation 10 6.667 0.354 1.118
Bus 17
Period
N
Mean
SE Mean
StDev
Base
11
5.893
0.344
1.140
Cleansing
8
7.011
0.120
0.339
Validation
12
8.33
1.06
3.67
Bus 33
Period N
Mean
SE Mean
StDev
Base 11
5.916
0.324
1.076
Cleansing 8
6.60
1.01
2.86
Validation 12
7.280
0.571
1.977
Bus 67
Period
N
Mean
SE Mean
StDev
Base
11
6.484
0.336
1.113
Cleansing
8
6.726
0.140
0.397
Validation
12
7.162
0.326
1.129
WMT�
Period
N
Mean
SE Mean
StDev
Base
12
7.172
0.843
2.920
Cleansing
8
7.208
0.476
1.346
Validation
12
7.711
0.805
2.787
15
Tom,
Period
N
Mean
SE Mean
StDev
Base
12
6.001
0.486
1.685
Cleansing
8
7.252
0.459
1.298
Validation
12
7.665
0.617
2.136
Bus 120
Period
N
Mean
SE Mean
StDev
Base
12
8.566
0.532
1.844
Cleansing
8
9.083
0.451
1.274
Validation
10
9.309
0.426
1.348
Bus 140
Period
N
Mean
SE Mean
StDev
Base
12
6.156
0.428
1.482
Cleansing
8
7.075
0.466
1.317
Validation
12
6.679
0.307
1.062
BUS# 11 14 17
33 62 67
Bus
TT
68 120 14 0
IN
Scatterplot of HPCD, ULSD vs Bus
120
•
Variable
• HPCD
9
__. _. .. .....
_. _.
W ULSD
I 120
•
$
_.
_. .._. _..
...
67 68
33
m
• 62 67
V
• •
7
1 •
.
62
3@
140
i
6
-
14
17.... 33 _.... ®...
.
•
BUS# 11 14 17
33 62 67
Bus
TT
68 120 14 0
IN