HomeMy WebLinkAboutAIR PRODUCTS AND CHEMICALS, INC. 1-2011IVfAY 1 1 201, N-2011-057
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OO ? p?.C????bar? HYDROGEN SUPPLY AGREEMENT (MF)
This Hydrogen Supply Agreement (MF) (the "Agreement")? is made and entered as of the 1s? day of January, 2011 (the
"Effective Date"), by and between Air Products and Chemicals, Inc., a Delaware corporation headquartered at 7201
Hamilton Boulevard, Allentown, Pennsylvania 1 81 95-1 501 ("Air Products"), and City of Santa Ana, a Municipal Corporation
with its offices located at California ("Buyer").
1 . Sale and Purchase
(a) Hydrogen Requirements for Designated Locations. Air Products shall sell to Buyer and Buyer shall
purchase from Air Products during the Term as defined below, Buyer's entire present and future purchase
requirements for hydrogen (as more fully defined in Attachment 1 hereto, "Hydrogen") for Buyers hydrogen
fueling activities carried out at the location set forth in such Attachment 1 (the "Designated Location). If
Buyer's activities at a Designated Location are expanded or relocated to a new location, Air Products may, at its
option, extend the applicability of this Agreement to such expanded activity or new location.
(b) Fue/ing Limitations. [Not applicable.].
(c) No Purchases from Others, Etc. Buyer may not obtain Hydrogen by any other method, whether
manufactured on-site or delivered, or purchase Hydrogen from others for use at the Designated Location in
substitution for the Hydrogen Buyer is obligated to purchase from Air Products hereunder.
(d) No Other Purchase Ob/igations_ Buyer represents and warrants that as of the date of first delivery of
Hydrogen, Buyer will not be obligated under the terms of any other contract to purchase Hydrogen for the
Designated Location from any third party. If the foregoing representation and warranty proves to be false,
Buyer shall indemnify, defend and hold harmless Air Products from and against all costs, damages, liabilities,
losses, costs and expenses (including reasonable legal fees) Air Products may incur in connection with any
claim asserted by a third party as a result thereof.
2. Term and Termination
(a) Term of Agreement. The term of this Agreement shall commence on the Effective Date and continue until
March 31 , 2012 (the "Term").
3. Delivery; Mobile Fueler Matters
(a) Delivery Method. Air Products will deliver Hydrogen to the Buyer by means of a mobile fueler owned by Air
Products and installed at the Designated Location while in use (the "Mobile Fueler"). Air Products, at its
option, will either (i) remove the Mobile Fueler for re-filling with Hydrogen and return it to the Designated
Location or (ii) deliver a Mobile F`ue(er to the Designated. Location in replacement for the Mobile Fueler already
at the Designated Location. Only Air Products shall move or refill the Mobile Fueler at any time.
(b) Maintenance of Mobi/e Fue/e? Air Products will maintain and repair the Mobile Fueler in accordance with its
standard:_practices except for damage to the Mobile Fueler caused by Buyer or third parties, which will be paid
for by Buyer. All work to repair damage to the Mobile Fueler caused by Buyer or third parties, will be
undertaken by Air Products but paid for by Buyer at Air Products' standard service rates prevailing at the time
such services are rendered.
(c) Remote Monitoring. Air Products will remotely access the Mobile Fueler to, among other things, monitor the
inventory of Hydrogen therein and undertake certain maintenance functions and will schedule replenishment of
Hydrogen to avoid exhaustion of inventory:
(d) Mobile Fue/er Particulars and Additional Obligations. Attachment 2 hereto describes the Mobile Fueler in
more detail and sets forth additional obligations for each party with respect to the Mobile Fueler and its
installation and use.
(e) Tit/e Passage and RisK of Loss. Unless otherwise specified in an Attachment hereto, title and risk of loss of
Hydrogen shall pass to Buyer upon delivery of the Mobile Fueler at the Designated Location.
(f) Tit/e to Mobi/e Fue/e? Title, possession, and control of the Mobile Fueler delivered by Air Products to the
Designated Location shall at all times remain in Air Products and upon expiration or termination of this
Agreement Air Products may remove the same. As between Air Products and Buyer, the Mobile Fueler shall .
be and remain the personal property of Air Products and shall not be or become fixtures, notwithstanding the
manner in which the Mobile Fueler is or may be affixed to the Designated Location. Nothing in this Agreement
shall be construed as giving Buyer possession of the Mobile Fueler or a lease, rental or bailment thereof.
Buyer will not suffer or permit the Mobile Fueler to become subject to any lien or encumbrance for any debt or
liability of any kind that may be owed by, asserted against or demanded of Buyer and shall, if requested by Air
Products, obtain and deliver to Air Products an appropriate agreement from the owner of the Designated
Location waiving any claim against the Mobile Fueler.
4. Buyer's Obligations with respect to Delivery
(a) Mobi/e Fue/er Area. Buyer shall furnish Air Products with an area(s) meeting applicable federal, state and
local legal requirements that is satisfactory to Air Products for the installation of the Mobile Fueler (the "Fueler
Area") together with unrestricted access (twenty-four hours a day, seven days a week) thereto for Air Products
and its authorized representatives for all proper purposes under this Agreement, including the delivery of
Hydrogen hereunder. However Air Products shall provide 24-hour advance notice by calling the Fleet Manager
or the Fueling System Supervisor to coordinate entry. The Fueler Area shall be free from toxic and hazardous
materials that could prevent or increase the cost of installation or operation of the Mobile Fueler or that could
cause injury or death of Air Products' representatives or any other person near the Fueler Area or that could
cause damage to adjoining property. Notwithstanding anything herein to the contrary, Buyer hereby
indemnifies and holds Air Products harmless from and against any and all claims, liabilities, costs (including
reasonable legal fees), expenses, damages, penalties and fines that arise out of or result from any toxic or
hazardous materials now or hereafter in, on or under the Fueler Area and that do not occur or result directly
from Air Products' performance pursuant to this Agreement.
(b) Maintenance Assistance and Protection. Buyer shall use all reasonable precautions to prevent its
employees or third parties from altering, repairing, re-programming, adjusting or tampering with, and to prevent
untrained and unauthorized persons from using, the Mobile Fueler. Buyer further agrees that it shall take
reasonable precautions to prevent its own employees or others from opening, disassembling, or making
investigations, drawings, or diagrams of the Mobile Fueler or its operation.
(c) Hazardous Materia/s, Etc. Buyer shall prohibit the use of oil, grease or lubricants on the Mobile Fueler or the
storage, or use of oil, grease, lubricants or any flammable or combustible materials in or near the Fueler Area.
Buyer shall comply with all relevant reporting obligations under the Emergency Planning and Community Right-
To-Know Act of 1986, 42 U.S.C. 1 1 001-1 1 050 (EPCRA, commonly known as Title III of the Superfund
Amendments and Reauthorization Act of 1986 (SARA Title III)) resulting from the presence of Hydrogen
supplied under this Agreement. Further, Buyer shall warn and protect its employees and others exposed to the
hazards posed by Buyer's storage and use of the Hydrogen and to comply with all federal,. state and local legal
notification, reporting and permit requirements that may be associated with the storage or use thereof.
(d) Obligations on Attachment 2. Buyer shall comply with the additional obligations regarding the Mobile Fueler
set forth in Attachment 2 and identified as obligations of Buyer.
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(e) /nventory Monitoring Assistance. If technical problems occur with the monitoring system described in
Section 3(c) hereof, or if utilization of Hydrogen is anticipated to change significantly, Buyer shall assist Air
Products by providing adequate notification and establishing delivery requirements to provide an orderly,
continuous supply of Hydrogen. Buyer acknowledges that Air Products will remotely access the Mobile Fueler
to, among other things, monitor the inventory of Hydrogen therein and undertake certain maintenance
functions.
(f) Special Delivery Charges. Buyer shall pay special delivery charges according to Air Products then-
prevailing delivery service rate schedule for emergency or denied deliveries, frequent delivery delays,
lockouts and deliveries requested by Buyer to be made at a specified time.
(g)? Branding of Mobi/e Fue/e? The Air- Products' branding placed on the Mobile Fueler shall not be altered by
Buyer in any way.
5 Specifications
(a) Hydrogen Specifications. All Hydrogen delivered by Air Products hereunder shall conform to the
specifications set forth on Attachment 1 hereto.
(b) Mobi/e Fueler Specifications. The Mobile Fueler has been designed in accordance with the details set forth
in Attachment 2 hereto and is free from defects in design and in materials and workmanship and is warranted to
operate as specified in Attachment 2:
6. Price
(a) Hydrogen Price. The "Price" for Hydrogen tendered to Buyer by Air Products shall include a Unit Price, a
Monthly Charge, a Refill Charge and such other applicable charges all as defined and set forth in Attachment 1 .
The Price shall be paid by South Coast Air Quality Management District ("AQMD") under a separate funding
agreement between Air Products and AQMD.
(b) Surcharges. In addition to the Price, Air Products may charge and AQMD shall pay surcharges for increases
in Air Products' production and delivery costs caused by increases in fuel, energy, feedstock or other
production or delivery costs (including without limitation diesel fuel, natural gas and electric power affecting Air
Products' producing facilities) ("Surcharges"). Calculation of Surcharges is described in Attachment 1 and
shall be in addition to the Price.
(c) Payment an Express Condition of Performance. The timely payment by or on behalf of AQMD of all
amounts. due and owing to Air Products hereunder, including the Unit Price, Monthly Charge, Refill
Charge, Surcharges and any other charges contractually provided for hereunder, is an express
condition to the continued performance by Air Products of its obligations hereunder. AQMD's failure
to make any such payment in a timely fashion shall entitle -Air Products to discontinue delivery of
Hydrogen hereunder without penalty, breach or default of any kind under this Agreement and Air
Products may terminate this Agreement immediately without-any liability or obligation to City or to
AQMD.
7. Taxes
(a) Payab/e by Air Products. Air Products shall bear and pay all applicable federal, state and local taxes based
upon or measured by its net income and all franchise taxes based upon its corporate existence or its general
corporate right to transact business.
(b) Payab/e by Buyer. The prices as stated herein do not include any taxes, charges, duties or fees other than '
those stated in Section 7(a). Any other tax, charges, or fees, .howsoever denominated and howsoever
measured, imposed upon the Mobile Fueler or its use (including property taxes) or upon the storage, inventory,
sale, transportation, delivery, use or consumption of Hydrogen shall be paid directly by Buyer or, if paid by Air
Products, shall be invoiced to Buyer as a separate item and paid by Buyer to Air Products. City shall provide
Air Products with properly completed exemption certificates for any tax, charge or fee from which City claims
exemption or other preferential status
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8. Invoicing and Payment
(a) /nvoices and Payment. Air Products shall invoice AQMD or Buyer, as applicable, on a monthly basis for all
sums due from it hereunder. Payment of all-invoices via electronic funds transfer will be accepted by Air
Products in "corporate trade exchange" ("CTX") format only. All payments due hereunder shall be made to Air
Products at the location indicated on the invoice. All invoices shall be payable net thirty (30) days. Failure. to
make such payments in a timely fashion shall entitle Air Products to discontinue deliveries without
penalty, breach or default of any kind under this Agreement, and to impose new payment terms,
including without limitation cash on delivery or auto pay.
(b) Claims re: Invoicing. All claims of Buyer relating to any invoice hereunder shall be made in writing within thirty
(30) days of receipt of invoice. Failure to give such written notice shall constitute a waiver of all claims related
to such invoice.
9. Warranty
(a) Limited, Warranties. Air Products warrants that the Hydrogen and Mobi/e Fue/er delivered hereunder
sha// conform to the specifications and express warranties set forth in Section 5 hereof At the time of
delivery Air Products sha// have good tit/e and right to transfer the Hydrogen and that the same sha/L.be
delivered free of encumbrances. THE FOREGOING WARRANTY IS THE SOLE WARRANTY AND IS IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR
PURPOSE.
1 O. Limitation of Liability
(a) Outy to Warn-Presence and Use. Buyer acknowledges that there are hazards associated with the use of the
Hydrogen, that it understands such hazards and that it is Buyer's responsibility to warn and protect its
employees and others exposed to such hazards through Buyer's storage and use of Hydrogen. Air Products
shall provide Buyer with copies of Material Safety Data Sheets relating to the Hydrogen to help Buyer make
such warnings, and Buyer assumes all risk and liability for any loss, damage or injury to persons or property of
Buyer or others arising out of the presehce or use of the Hydrogen.
(b) Direct Damages. Buyer's sole and exclusive remedy (i) for non-d'2livery of Hydrogen shall be a claim for direct
cover damages, which shall be limited to an amount equal to the Unit Price payable hereunder for the
Hydrogen in respect to which such claim is made and (ii) for delivery 'of nonconforming Hydrogen, except for
the remedy of cancellation for material default, shall be replacement by Air Products of a like quantity of
conforming Hydrogen at no additional cost to Buyer.
(c) Limit on Damages. Air Products shall not be liable in contract. or tort (including negligence and strict liability)
for any direct damages other than those expressly set forth in Section 1 O(b), and neither party shall be liable for
any indirect, special, incidental or consequential damages arising out of its pertormance Qr non-performance
hereunder, including without limitation loss of profit, loss of opportunity or downtime.
(d) /ndemnification. Buyer shall indemnify, defend and hold harmless Air Products from all loss or damages, for
damage to property of third persons or personal injury to third persons (including death)(collectively, a "Loss")
arising out of any action, lawsuit or claim related in any way to the hydrogen fueling activities carried out at the
Designated Location; provided however that to the extent any such Loss is caused by the gross negligence or
willful misconduct of-Air Products hereunder, Air Products shall indemnify, defend and hold harmless Buyer for
such Loss.
(e) No Liability for Other Reasons. Buyer acknowledges and agrees that other than as set forth in Section 1 O(d),
Air Products, in its supply of Hydrogen hereunder, does not accept or assume liability for any defect in material
or workmanship of equipment not manufactured by Air Products or for any condition or occurrence affecting the
proper operation of the Mobile Fueler resulting from accident, negligence, abuse or misuse of the Mobile Fueler
or the Hydrogen while at the Designated Location, or any other cause.
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11 . Force Majeure
(a) Forces Majeure. Neither party shall be considered in default in the performance of its obligations hereunder
(other than any obligation to make a payment of money) or be liable in damages or otherwise to the other party
for any failure or delay in its performance that is due to or cause by a "Force Majeure" event. For purposes of
this Agreement, "Force Majeure" shall mean any of the following: a strike, lockout, concerted act or workers or
other industrial disturbance; embargo, fire or explosion; flood, earthquake, tornado ,hurricane, severe storm or
other natural catastrophe; health epidemics or pandemics; civil disturbance, riot, terrorist act,. war or other
armed conflict (whether declared or undeclared); curtailment, shortage, rationing or allocation of normal
sources of supply of labor, materials, transportation, energy or utilities; accident; act of God; delay of any
subcontractors or vendors; sufferance or voluntary compliance with an act of government or government
regulation (whether or not valid); machinery or equipment breakdown; or any other event whether similar or
dissimilar to any of the foregoing enumerated events or categories of events that is beyond. the reasonable
control of the party claiming the Force Majeure and not due to such party's negligence.
(b) Strikes- Neither party shall be required to make any concession or grant any demand or request to bring to an
end any strike or other concerted act of workers. Air Products is not.pbligated to make any such delivery and
may elect to treat any strike or concerted act of workers as a -Force 1Vlajeure event excusing its performance.
(c) Notice of Force Majeure. A party affected by Force Majeure event shall promptly upon learning of such event
and ascertaining that it has or will affect its performance hereunder give notice to the other party stating at a
minimum the nature of the event, its anticipated duration and any action being taken to avoid or minimize its
effect.
(d) A/location of Hydrogen. If a Force Majeure event only partially reduces Air Products' ability to produce or
deliver Hydrogen, Air Products may in its discretion allocate its available supply among Buyer and Air Products'
other customers in a fair and equitable manner.
12. General Provisions
(a) Acceptance; Counterparts- This Agreement is subject to acceptance by a duly authorized representative of
Air Products. It may be executed in any number of counterparts, each of which shall be an original but all of
which shall be construed together and together shall constitute but one and the same Agreement.
(b) Entire Agreement; Amendment; Headings. No terms and conditions in any form of purchase order, order
acknowledgment or other acceptance form of Buyer issued with respect to this transaction shall alter the terms
hereof and objection is hereby made to all such additional or different terms. Acceptance is expressly limited to
the terms offered herein. No modification or waiver of this Agreement shall bind Air Products unless in writing
and signed and accepted by a duly authorized representative of Air Products. All headings are for reference
and ease of use only and shall not be used to interpret or construe any term or provision of this Agreement.
(c) Dispute Resolution. Any dispute between the parties relating to this Agreement that cannot be resolved with
reasonable promptness shall be referred to each party's senior manager in an effort to obtain prompt resolution.
Neither party shall commence any action against the other until the expiration of sixty (60) days from the date of
referral to such senior managers; provided however, this shall not preclude a party from instituting an action
seeking injunctive relief to prevent irreparable damage to such party.
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(d) Assignment. This Agreement may not be assigned by Buyer without the prior written consent of Air Products.
It shall inure to the benefit of and be binding upon the successors and, if properly assigned, the assigns of both
parties. If Buyer sells or otherwise transfers or conveys all or substantially all of the assets related to operations
at the Designated Location(s), as a condition precedent to the closing of such transaction Buyer will require the
purchaser or transferee to assume all of the rights and obligations of Buyer under this Agreement.
(e) Confidentia/ify. Except as otherwise s_ pecifically permitted under this Agreement or required by law, this
Agreement, including any Attachment, Exhibit, Addendum or Amendment, and all drawings, diagrams,
specifications, and operating data are proprietary to Air Products and Buyer shall keep same confidential:
(f) Severabi/ity. If any provision of this Agreement is held invalid by any law and/or regulation, all other provisions
hereof shall continue in full force and effect.
(g) Governing Law. This Agreement shall be governed by and construed according to the laws of the State of
California without giving effect to its conflicts of laws provisions.
(h) Conf/icting Terms. In the event of conflict between the terms of this Agreement and any Attachment or Exhibit
hereto, the terms of the Attachment or Exhibit shall govern. Attachments hereto at the time of execution of this
Agreement are: Attachments 1 and 2.
(i) .Notices. All notices, unless otherwise provided herein, will be in writing and deemed given on the date the
notice is hand-delivered, mailed or electronically transmitted to the receiving party at such party's address set
forth in the first paragraph of this Agreement, to the attention of, if to Air Products, to "Corporate Secretary's
Office," and if to Buyer, to " Either party may change its address upon notice to the other party
as set forth herein.
Submitted by: Daniel J. Rabun
ACCEPTED ? .ACCEPTED
CITY OF SANTA ANA ?? AIR PRODUCTS AND CHEMICALS, INC.
Title: Title:
?U d+?7 rti1 ar?'GC I /?'t_ ?? $>?//?G Erb
ATTEST:
%???? ?/
Maria D. Huizar. Clerk c e Council
n RECOMMENDED FOR APPROVAL: _
D? ?
C?K\? ?t\R? ?? n
Francisco Gutierrez
Executive Director - FMSA
APPROVED AS TO FORM:
-(r?r i/if /J o/2Ji?
Laura Sheedy Assistan ity Attorney
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Dated 10 December 2007
ATTACHMENT 1
[To Hydrogen Supply Agreement (MF) between
Air Products and Chemicals, Inc_ ("Seller") and City of Santa Ana ("Buyer")
dated as of January 1, 2011]
1. Product: Hydrogen (gaseous form)
2. Specifications: Hydrogen: 99.95%
Oxygen: Less than 5 ppmv
Dew Point: Minus 90°F or lower
Carbon Monoxide: Less than 2ppmv
3. Measurement: The unit of measurement for all purposes under this Agreement shall be one cubic foot
of gas measured at a temperature of 70°F, at a pressure of 14.7 psia and dry, herein
referred to as a standard cubic foot ("SCF").
4. Designated Location: 220 South Daisy Street, Santa Ana, California.
5. Invoice:
A. Unit Price: $4.25/kg
B. Monthly Charge: $3,700/month
C. Energy Charge: $0.00/kg.
D. Hazmat Charge: $_n/a /delivery
E. Set-up Charge: $-n/a_
F. First Delivery Charge: $_n/a_
G. Refill Charge: $1,000/refill
H. Installation/Commissioning: $_ n/a
I. Surcharges:
Surcharges assessed under the Agreement shall be calculated as follows:
{0.055(NG-NGbase) + 4.5[0.014(NG/NGbase) - 0.014] + 0.030[(EIAo/ElAbase) - 1]}* 4.23
NG(Natural Gas) = 1st of month PG&E CityGate NG rate as published in Natural Gas Intelligence, plus
transportation.
NGbase =value as of the Effective Date of this Agreement
EIA (Energy Information Administration) =Most recent weekly retail on-highway diesel price as reported
by the Dept. of Energy.
EIA base =value as of the Effective Date of this Agreement
If publication of any of the above indexes is discontinued, Air Products and Buyer will select a mutually
agreeable substitute.
Nothing in this provision constitutes, nor shall it be deemed to constitute, a waiver or limitation of Air
Products' rights pursuant to Section 8 of the Agreement to assess Surcharges based upon increases in
other costs associated with its production or delivery of Hydrogen.
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J. High Pressure Hydrogen Charge:
Hydrogen is delivered hereunder in gaseous form by Mobile Fueler. There will be a residual gaseous
content remaining in the Mobile Fueler at the time of refill. Buyer shall receive full credit for residual
Hydrogen and Buyer will be invoiced for the actual Hydrogen required to refill the Mobile Fuele?.
K. Technical Service Charge: not applicable.
L. Producing Facilities and C2uantity Limitations:
Air Products' specification, Price and' delivery obligations are each predicated upon its furnishing Buyer's
requirements of Product from Air Products' producing facilities located within one hundred (100) miles of
the Designated Location.
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Dated 1 January 2011
ATTACHMENT 2
[To Hydrogen Supply Agreement between
Air Products and CF?emicals, Inc_ ("Seller") and City of Santa Ana ("Buyer")
dated as of 1 January 2011]
HYDROGEN FUELER (HF-150) SYSTEM INSTALLATION SCOPE OF WORK
Buyer: City of Santa Ana System
Location:
Product Hydrogen City, State
A. EQUIPMENT CAPABILITIES
220 South Daisy Street
Santa Ana, California
Gas
Product Used As Gas or Li uid
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Estimated Monthl Usa e - k /Month
200
Maximum Total Monthl Volume k /month
350 (5,076)
Desi n Su I Pressure -bar si
2 kg .
Desi n Vehicle Fill:
4 - $ minutes
Desi n Vehicle Fill Rate Without Communications
Immediate
Time Between Fills
N/A
Maximum Fills/Da
Special Capabilities: Compliant with CaFCP Rev 7, CaFCP Type 2 Fill and SAE J2600 compliant
B. MAJOR EQUIPMENT DESCRIPTION
1 HF-150 Trailer, to include:
High strength carbon steel 6600 psig gaseous hydrogen storage vessels
1 Automated Dispenser
1 Self-Power System
1 Cellular Telemetry Remote Monitoring System
C. MATERIALS OF CONSTRUCTION
Product Piping: Stainless Steel ASTM A269, Type 304 or 316
Process Valves: Stainless Steel
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D. AIR PRODUCTS' INSTALLATION RESPONSIBILITIES
1 . Contact Buyer to discuss scope of work and negotiate installation schedule.
2. Conduct site visit/site evaluation. Seller's technical representative must approve the installation site prior to
the initiation of civil work by Buyer. Siting is per NFPA 55 (latest edition) or NFPA 52 (2005 edition) and
Seller's requirements.
3. Assist Buyer with permitting process, including providing non-proprietary drawings and operating
experience and meetings with code officials.
4. Provide drawings required for the execution of the site preparation which may include without limitation site
layout, foundation details and non-proprietary process flow diagrams.
5. Provide materials not explicitly highlighted under the Buyer's scope of work to commission and start-up the
bulk hydrogen supply system in accordance with Seller's specifications and standards.
6. Coordinate for the first delivery to Buyer's installation site.
7. Provide operating procedure(s)
8. Installation of Emergency Stop at Buyer's site. Buyer shall provide wiring if beyond reach of standard 25
feet cable reel.
C. Commission the system immediately following the first delivery of the equipment.
10. Provide supply system description, operator training and safety orientation to Buyer's operating personnel
9. Provide labor and materials not highlighted in Buyer's scope of work to commission and start-up the HF-
150 supply system, including the following:
a. Conduct an Operational Readiness Inspection (ORI) of the gaseous supply system.
b. Pressure test leak test system.
through two classes of approximately four hours each.
11. Provide labor and material required to perform routine maintenance and repair of the Air Products-owned
portions of the hydrogen supply system in accordance with Seller's standard operating procedures.
12. Pick-up and deliver the HF-150 for refilling at Air Products' Wilmington, California site..
13. Commission the system immediately following a delivery.
E. BUYER'S HF-150 SYSTEM INSTALLATION RESPONSIBILITIES
General:
1. Provide all required state and local installation and operating permits including environmental permit(s) if
applicable.
2. Restrict the use of the HF-150 trailer to vehicles and vehicles operators that have been trained and
approved as agreed to by Buyer and Air Products, with consent by Air Products not to be unreasonably
withheld.
3. Keep area clean and free of all debris and weeds.
4. Prohibit the storage of oil, grease, lubricants or any flammable or combustible material on or within the
equipment area.
5. Provide site specific safety training for Air Products personnel and contractors in accordance with OSHA
guidelines-
6. Prevent. Buyer's employees or third parties from altering, repairing, adjusting or tampering with the supply
equipment.
7. Reset equipment after alarm conditions, where applicable.
8. Provide provisions deemed necessary by Buyer and Air Products to maintain security of equipment.
9. Any special site conditions or requirements not specifically listed in this document will be a change in
original scope. These include, but are not limited to, building or zoning codes and restrictions, height,
noise, or delivery restrictions, corrosive atmospheres, special materials of construction, emergency shutoff
requirements, special instrumentation or control, sampling or analytical services, painting 'or color
io
specifications, temporary supply requirements, soil bearing capacity, special design requirements,
requirements for union labor, special cleaning requirements, special piping codes such as ANSI, special
installation or maintenance procedures, or special site restrictions.
Civil-
10. Provide a suitable site that meets all of the requirements of NFPA 55 (latest edition) or NFPA 52 (2005
edition). Air Products' technical representative must inspect and approve the installation site prior to
Buyer's initiation of any civil work.
11 . Provide any site preparations (site clearance, grading, roads, paving, landscaping, etc.), as required
12. Provide adequate vehicle access to and from the installation site. Notify Air Products of any delivery
restrictions or delivery windows.
13. Provide foundation and equipment pads per specifications supplied by Air Products. Recommended
foundation for HF-150 is reinforced concrete or asphalt.
14. Provide protective posts (e. g. crash bollards), as required by the AHJ, to protect the system from vehicular
traffic and third parties.
Electrical-
15. Provide explosion proof electrical equipment,. where required, within 15' (NFPA 55) or 1 O' (NFPA 52) of any
portion of the HF-150 system. Reference the National Electric Code (NEC), latest revision, per Class 1,
Group B, Division II, locations.
16. Provide adequate lighting for the installation area for night deliveries and system maintenance.
17. Provide electrical cable and/or conduit from the HF-150 to an emergency stop location if location is desired
outside of 25' reach of Weller-provided emergency stop cable_
18. Provide '/a" diameter x 6' long ground rod -ITT Weaver Type WB '/< at Emergency stop location for trailer
ground. Test using a megger ground tester. Resistance must not exceed 5 ohms.
F. SCHEDULE
On-site time required to commission supply system: One (1) day
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