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HomeMy WebLinkAboutAgenda Report - December 18, 2013 C-13AGENDA ITEM CA5 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Contract Amendment with Atlas Copco Compressors, LLC, to Include Repairs to Compressed Natural Gas Fueling Station ($25,000) MEETING DATE: December 18, 2013 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute contract amendment with Atlas Copco Compressors, LLC, to include repairs to compressed natural gas fueling station, in an amount not to exceed $25,000. BACKGROUND INFORMATION: Since 2002, the City has contracted with Atlas Copco Compressors, LLC, to perform monthly inspections and maintenance on the compressed natural gas (CNG) facility. The contract for the monthly inspections and maintenance includes labor and materials needed to perform the maintenance, such as compressor oil, filters, and dryer elements, etc. The CNG fueling station is heavily used and is critical to operations of the City's transit vehicles and other CNG fleet vehicles. At times it is necessary to make timely repairs to keep the fueling station operable. Since Atlas Copco Compressors is the sole provider of replacement parts and certified Atlas Copco technicians (see Exhibit A), the public contract bidding process can be waived for capital repairs exceeding $5,000 in cost. The purpose of this contract amendment is to include capital repairs in the contract and to reduce the time needed to make such repairs. The repairs will be performed as needed, on a time -and -materials basis, in accordance with Exhibit B. Based on past experience, staff anticipates the $25,000 amendment will cover needed repairs through July 30, 2015. FISCAL IMPACT: Reduces transit operations cost by avoiding CNG fuel purchases from other vendors. FUNDING AVAILABLE: Transit Operati s (125057.7335) Jordan ers Deputy City Manager/Internal Services Director F. Wally andelin Public Works Director Prepared by Charles E. Swimley, Jr., City Engineer/Deputy Public Works Director FWS/CES/pmf Attachments APPROVED: K:\WP\COUNCIL\2013\AtlasCopcoAmendment.doc 12/3/2013 Mr Randy Laney, Atlas Copco Compressors LLC 1800 Overview Drive, Rock Hill, SC 29730 USA Atlas Copco Compressors LLC does have proprietary components on your CNG equipment which can only be purchased from Atlas Copco. Furthermore, we do not have any authorized third party service providers in the State of California. We do employee Atlas Copco certified technicians who reside in several areas of California to service and maintain our GreenField CNG product lines including your two GreenField CU station's, control panels and storage currently under contract. Thank You, Mike Marcus Service Sales Engineer CNG/NGV GreenField 10/11/13 CONTRACT AMENDMENT AGREEMENT CNG FUELING STATION MAINTENANCE CONTRACT THIS CONTRACT AMENDMENT AGREEMENT, made and entered into this day of , 2013, by and between the CITY OF LODI, a municipal corporation, hereinafter called "City", and GREENFIELD COMPRESSION, INC., now known as ATLAS COPCO COMPRESSORS, LLC, hereinafter called "Contractor." CONTRACT: Contractor and City, entered into a contract for monthly maintenance of the CNG fueling station, providing that the contract could be extended by mutual agreement. The Contract Extension Agreement extended this contract to through July 30, 2015. 2 TERM AND TERMS: Contractor and City desire to amend the current contract to include repairs as needed on a time and materials rate based upon the fee schedule, attached as Attachment 1. Repairs under this amendment shall not exceed $25,000. All other terms will remain as set forth in the Contract Agreement attached as Attachment 2. IN WITNESS WHEREOF, City and Contractor have executed this Contract Amendment Agreement on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called "City" KONRADT BARTLAM, City Manager Attest: RAND[ JOHL-OLSON, City Clerk Approved as to Form: L Wr)A �U!hb K:\WP\PROJECTS\PSA's\Amendment2013 CNG Maintenance.doc ATLAS COPCO COMPRESSORS, LLC. hereinabove called "Contractor" Name: Title: r COMMISSIONING AND FIELD SERVICE RATES USA - MEXICO - CANADA Attachment 1 [RATES SUBJECT TO CHANGE WITHOUT NOTICE EFFECTIVE DATE Jwwwy201 Field Technician Service during normal hours Service Contract Regular 5% Discount Billing Per Hour $ 114.00 $ 120.001 Overtime work 1.5 times normal rate after 8 hours Per Hour $ Overtime 2 times normal rate after 12 hours and on Per Hour $ Sundays or Holidays Sunday or Holidays Travel Time Weekdays and Saturdays 171.00 $ 180.00 228.00 $ 240.00 Per Hour $ 110.00 $ 110.00 Travel Time Sundays and Holidays Per Hour $ Sundays or Holidays Phone Support Phone support more than 15 minutes will Per Hour $ be billed at the following rate 165.00 $ 165.00 110.00 $ 110.00 1. Expenses: Applies to every day our employee is on the road. (Employee Per Diem per day $55.00) 2. Travel Time: Travel time covers time spent on airplanes, buses, taxis, company or private car, etc. including necessary waiting or transfer time, to job site and return. (For travel in car, charge per mile plus applicable sales tax, $1.50) 3. Minimum Charges: A minimum charge of four (4) hours will apply on all field service calls. For phone support of more than 15 minutes a 1 hour charge will apply. This will not apply for service contract customers. 4. Downtime: Time spent waiting at or in the vicinity of a jobsite for any reason outside of the control of Atlas Cho will be billed at the same rates as detailed above; overtime rates will apply if relevant. 5. Incomplete days (less than eight hours, but more than four): Will be invoiced in accordance with the hourly rate, if work is performed by Atlas Copco Service Technicians. 6. Legal Holidays: Atlas Copco observes 13 holidays per calendar year. Please contact your Service Coordinator for those dates. 7. Conditions: Services are performed in accordance with our "General Conditions of Supply". Attachment 2 CONTRACT EXTENSION AGREEMENT CNG FUELING STATION MAINTENANCE CONTRACT THIS CONTRACT EXTENSION AGREEMENT, made and entered into this c��l� day of t 2013, by and between the CITY OF LODI, a municipal corporation, hereinafter call d "City", and GREENFIELD COMPRESSION, INC., now known as ATLAS COPCO COMPRESSORS, LLC, hereinafter called "Contractor." 1, CONTRACT EXTENSION: Contractor and City, entered Into a contract for monthly maintenance of the CNG fueling station, providing that the contract could be extended by mutual agreement. 2 TERM AND TERMS: The term of this Contract Extension Agreement shall be for a period of twenty-four (24) months, commencing August 1, 2013 and terminating July 30, 2015. All other terms will remain as set forth in the Contract Agreement attached as Exhibit 1. IN WITNESS WHEREOF, City and Contractor have executed this Contract Extension Agreement on the date and year first above written. CITY OF LODI, a municipal corporation hereinabove called "City" 'Konradt Bartlam, City Manager Attest: RANDI JOWreWClerk Approved as to Form: law . W " —, ATLAS COPCO COMPRESSORS, LLC. hereinabove called "Contractor" K:%WPIPROJECTS%TRANSITICNGSTATION%ContractExtenslon2013 CNG Malntenano.doc Exhlbit 1 City of Lodi MUNICIPAL SERVICE CENTER (MSC) COMPRESSED NATURAL GAS (CNG) COMPRESSOR No.1 REBUILD AND CNG FUELING STATION MAINTENANCE CONTRACT CONTRACT CITY OF LODI, CALIFORNIA THiS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and GREENFIELD COMPRESSION, INC., herein referred to as the "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete Contract consists of the following documents which are Incorporated herein by this reference, to -wit: Request for Proposal Specifications, Pune, Drawings and Attachment Documents PrIft Proposal (Contractor Provided Schedule of Values) Special Provisions Contract Contract Bonds Addenda All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned In the other is to be executed the same as N mentioned In all said documents. ARTICLE I That for and in consideration of the payments and agreements hereinafter mentioned; to be made and performed by the City and under the condition expressed in the two bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with the City, at Confractoes cost and expense, to do aN the work, furnish all labor and fumis h d the materials except such as are mentioned In the specifications to be furnished by the City, necessary to construct and complete in a good workmanlike and substantial manner and to the satisfaction of the City the proposed Improvements as shown and described in the Contract Documents which aro hereby made a part of the Contract. AfMCLE it - The City hereby promises and agrees with the Contractor to employ, and does hereby employ, the Contractor to provide all materials and services not supplied by the City and to do the work according to the terms and coniiitlons for the price herein, and hereby contracts to pay the same as set forth In Clauses 85 and 08 Special Conditions, In the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. MSC CNG COMPR 1 REBUILD & MAINT CNTRCT PAGE 1 li The. -Corruptor agrees to conform to the provisions of Chapter 1, Part 7, Division 4,f the labor Code. The Contractor and any Subcontractor will pay the general prevailing Waage other employer payments for health and welfare, penslon, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these labor Code requirements is on the prime contractor. ARTICLg IV - And the Contractor agrees to receive and accept the following prices as full compensation for fumishing all materials and for doing all the work contemplated and embraced in this agreement also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen diffioulfies or bbstructions which may arise or be encountered In the prosecution of the work uridl its acceptance by the City, and for all risks of every description connected with the work; also for all expenses Incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, In the manner and according to the Plans dnd Contract Documents and the requirements of the Engineer under them, to -wit: TOTAL CONTRACT AMOUNT Guaranteed Maximum Price *$39,890.00 "Exhibit A Is the Schedule of Values from Contractor dated November 15, 2010. City shall have the right at its option to extend the maintenance portion of this contract an additional two years at the price set forth In the section labeled "Option" on Exhibit A. ARTICi_E V - By my signature hereunder, as Contractor, I certify that I am aware of the provislons.of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self -Insurance in accordance with the provisions of that code, and l will comply with such provisions before commencing the performance, of the work of this contract. ARTICLE VI - It is further expressly agreed by and between the parties hereto that, should there to any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this Instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE jL - The City is to furnish the necessary rights-of-way and easements for the work as specified under the Special Provisions. All labor or materials not mentioned specifically as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the documents. ARTICLE VIIi — The Contractor agrees to commence work pursuant to this contract and to diligently prosecute to completion in accordance with the following schedule: 1. Start of Construction Project: 15 Calendar Days from Notice to Proceed. 2. Project Completlon: 45 Calendar Days. When signing this contract, the Contractor agrees that the times of completion for this contract are reasonable, that failure to meet the milestones completion shall result In the assessment of liquidated damages charges to the Contractor, and that the Contractor agrees to pay the City liquidated damages of $500.00 per day for each day the work is not toUlly coMpleted beyond the times specified in the preceding paragraph. Contractor agrees that this amount may be deducted from the amount due the Contractor under the contract. MSC CNG COMPR f REBUILD & MAiNT CNTRCT PAGE 2 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date written below. CONTRACTOR: CITY OF LO DI 7*� 6rein?Egh CAMS;On? By.: Konradt Bartlem, City Manager By: SA�les Attest: Title - di Joh City Clerk (Ct"TE SEAL) 01 ,.• Aro dastofom: o 'O�ess toy '0.-SkbW ScMbiqW, City Attorney i}R I 1 Account No. 260561.7335 MSC CNG COMPR 1 REBUILD & MAINT CNTRCT PAGE 3 DASNY 912DD4 Page 1 of i DASNY 9/2004 Page 1 of 1 F7� r E:-. _.,�1,���- • - �,; 1�.: .� _-_-F.,�A+x ids 371 RESOLUTION NO. 2013-218 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH ATLAS COPCO COMPRESSORS, LLC, TO INCLUDE REPAIRS TO THE COMPRESSED NATURAL GAS FUELING STATION WHEREAS, the City has contracted with Atlas Copco Compressors, LLC, since 2002 to perform monthly inspections and maintenance on the compressed natural gas facility; and WHEREAS, the contract for the monthly inspections and maintenance includes the labor and materials needed to perform the maintenance, but parts and labor to perform repairs are not included; and WHEREAS, since Atlas Copco Compressors is the sole provider of replacement parts and certified Atlas Copco technicians, the public contract bidding process can be waived for capital repairs exceeding $5,000 in cost. The purpose of this contract amendment is to include capital repairs in the contract and to reduce the time needed to make such repairs. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a contract amendment with Atlas Copco Compressors, LLC, of Rock Hill, South Carolina, to include repairs to the compressed natural gas fueling station, in an amount not to exceed $25,000. Dated: December 18, 2013 ------------------------------------------------------------------- ------------------------------------------------------------------- I hereby certify that Resolution No. 2013-218 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 18, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None rk 2013-218 L-OLSON