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
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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
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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
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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