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HomeMy WebLinkAboutAgenda Report - September 16, 2015 C-06AGENDA ITEM coob CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Declaring the Bid of Atlas Copco USA Holdings, Inc. as Non - Responsive, Rejecting the Bid, and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for Monthly Preventative Maintenance and On -Call Repairs to Compressed Natural Gas Fueling Station, and Authorizing Public Works Director to Execute Extension ($75,000) MEETING DATE: September 16, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution declaring the bid of Atlas Copco USA Holdings, Inc. as non-responsive, rejecting the bid, and authorizing City Manager to execute Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for monthly preventative maintenance and on-call repairs to compressed natural gas fueling station, and authorizing Public Works Director to execute extension, in the amount of $75,000. BACKGROUND INFORMATION: Since 2002, the City has contracted with Atlas Copco USA Holdings, Inc., to perform monthly inspections and maintenance on the compressed natural gas (CNG) fueling station. 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. Also included in the contract is a provision for on-call repairs. The contract with Atlas Copco USA Holdings, Inc. expired July 31, 2015. The CNG fueling station is heavily used and is critical to operations of the City's transit vehicles and other CNG fleet vehicles. The agreement for monthly maintenance of the CNG fueling station ensures that the system is operating properly. The contractor performs monthly on-site inspections of the fueling station and performs routine maintenance that may be required at the time. Any major or emergency repairs will be charged at the quoted hourly rate, parts and materials cost, plus mark-up. Staff received written quotes from two CNG station maintenance companies with Atlas Copco USA Holdings, Inc. being the lowest quote. Quotes were based on the lowest monthly maintenance fee. Also included in the quote was an hourly rate and percent mark-up on parts materials for on-call repairs. Atlas Copco USA Holdings, Inc. offered a five percent discount on purchased parts and materials. Quotes received are shown below: Parts & Monthly Per Hour Overtime Per Materials Maintenance Rate Hour Rate Markup a Atlas Copco USA Holdings, Inc. $1,572 $114 $171 (5)% • Clean Energy Fuels $2,475 $105 $160 30% APPROVED: 'Ste en Schwa , City Manager K:\WP\COUNCIL\2015\CAtlasCopcoPSA_Reject doc 9/1/2015 Adopt Resolution Declaring the Bid of Atlas Copco USA Holdings, Inc. as Non -Responsive, Rejecting the Bid, and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for Monthly Preventative Maintenance and On -Call Repairs to Compressed Natural Gas Fueling Station, and Authorizing Public Works Director to Execute Extension ($75,000) September 16, 2015 Page 2 At the July 15, 2015 meeting, City Council adopted a resolution awarding the Professional Services Agreement to Atlas Copco USA Holdings, Inc. On July 17, 2015, copies of the Professional Services Agreement were sent out for signature to be returned to the City within ten days of receipt. Staff has attempted multiple times to make contact inquiring on the status of the signed agreement. Staff has not received a response to the inquiries or the signed agreement. On August 25, 2015 a certified letter was sent to Atlas Copco USA Holdings, Inc. informing them of our intent to declare their bid as non- responsive, rejecting their bid, and awarding the contract to the next bidder. Staff recommends Council adopt a resolution declaring the bid of Atlas Copco USA Holdings, Inc. as non-responsive, rejecting the bid and authorizing City Manager to execute a two-year Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station in an amount not to exceed $50,000 over two years with an option authorizing the Public Works Director to extend for one additional year for $25,000. FISCAL IMPACT: Routine monthly maintenance will reduce long term repair costs. FUNDING AVAILABLE: Funding for this is budgeted in Fleet Services Operating account (65055000) Jordan Ayers Deputy City Manager/Internal Services Director Ju F. Wally S n elfin Public Works Director Prepared by Rebecca Areida-Yadav, Management Analyst FWS/RAY/tb Attachments K:\WP\COUNCIL\2015\CAtlasCopcoPSA_Reject.doc 9/1/2015 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 20 , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CLEAN ENERGY (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on October 1, 2015 and terminates upon the completion of the Scope of Services or on September 30, 2017, whichever occurs first. Section 2.7 Option to Extend Term of Agreement At its option, City may extend the term of this Agreement for an additional one (1) one (1) -year extension; provided, City gives Contractor no less than thirty (30) days 2 written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed three (3) years. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and 3 inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. 4 Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Reauirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Rebecca Areida-Yadav To CONTRACTOR: Clean Energy 4675 MacArthur Court, Suite 800 Newport Beach, CA 92660 Attn: Peter Grace Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. 5 Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law. Jurisdiction Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's 6 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Fundinq Conditions j] If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney la CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager CLEAN ENERGY Bv= Name: PETER GRACE Title: Senior Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 65055000.72499 (Business Unit & Account No.) Doc ID: CA:Rev.01.2015 8 Exhibit A/B MEMORANDUM, City of Lodi, Public Works Department To: Prospective Bidder From: Fleet Services Supervisor Date: June 11, 2015 Subject: Quote for Monthly Inspection and Preventative Maintenance Services of Compressed Natural Gas Station. Please fill in the blanks below and include any additional costs in your quote to obtain these 5 items below as they will be required once the Successful Quote is awarded and before any work can begin: Company Name: Clean Energy Date: June 17, 2015 Address: 4675 MacArthur Court, Suite 800, Newport Beach, CA 92660 Contact Phone No.: (949) 437-1000 Contractor's License No.: 848450 Preventative Maintenance Monthly Fee: $2,475 Labor Rate: $105/hour (must be prevailing wage) Overtime Rate: $160/hour Parts and materials plus 30%* % markup Truck charge: N/A Call out minimum: N/A (hours) Other: NIA (be specific) Attached Is the sample insurance cerfificate and insurance 1. Insurance requirements per the attached exhibit coverage 2. Workers' compensation insurance coverage. 'wed is the sample insurance certificate and insurance coverage 3. City of Lodi business license. Clean Energy will secure a Business License In the City of Lodi upon award of the contract. 4. W-9 form per current IRS requirements. Attacrled 5. Registration with the Department of Industrial Relations clean Energy's Registration # is 100001915 (per requirements of SB 854) Company's/-:- - G,usteFft -s Signature: Print Name: Peter Grace Title: Senior Vice President, Sales & Finance If you have any questions please contact: Randy Laney 1331 South Ham Lane Lodi, CA 95242 (209) 333-6800 X2684 r1aney0lodi.aov " Sales tax of 8% will be applied. Y.- MARKETINGTROPOSALSIMY OF LODABID MEMO REQ PSA CNGMONINSPPM DOC NOT TO EXCEED $50,000 Exhibit C Or � rp Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY $2,000,000 Each Occurrence $4,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (c) Completed Operations Endorsement A certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi during construction and for three years after acceptance. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. Page 11 of 2 pages I Risk: rev.03.2014 Insurance Reauirements for Contractor (continued) (e) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (f) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1s) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages Risk: rev.03.2014 RESOLUTION NO. 2015-168 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING THE BID OF ATLAS COPCO USA HOLDINGS, INC., AS NON-RESPONSIVE; REJECTING THEIR BID, THEREBY RESCINDING RESOLUTION NO. 2015-108; AUTHORIZING THE CITY MANAGER TO AWARD THE BID TO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CLEAN ENERGY FUELS, OF NEWPORT BEACH, FOR MONTHLY PREVENTATIVE MAINTENANCE AND ON-CALL REPAIRS TO THE COMPRESSED NATURAL GAS FUELING STATION; AND FURTHER AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN EXTENSION --------__-------___--__------------------------------------- WHEREAS, since 2002, the City has contracted with Atlas Copco USA Holdings, Inc., to perform monthly inspections and maintenance on the compressed natural gas (CNG) fueling station; and WHEREAS, the contract for the monthly inspections, maintenance and on-call repairs expired on July 31, 2015; and WHEREAS, staff received two written quotes, as follows: Monthly Per Hour Overtime Per Maintenance Rate Hour Rate Markup Atlas Copco USA Holdings, Inc. $1,572 $114 $171 (5)% Clean Energy Fuels $2,475 $105 $160 30% WHEREAS, at the July 15, 2015 meeting, the City Council adopted Resolution No. 2015-108, awarding the bid to and authorizing the City Manager to execute a Professional Services Agreement with Atlas Copco USA Holdings, Inc.; and WHEREAS, on July 17, 2015, copies of the Professional Services Agreement were sent for signature to Atlas Copco USA Holdings, Inc., to be returned to the City within ten days of receipt. Despite multiple attempts by staff to inquire on the status, a signed Agreement has not been received to date; and WHEREAS, on August 25, 2015, a certified letter was sent to Atlas Copco USA Holdings, Inc., informing them of the City's intent to declare the bid as non-responsive, reject their bid, and award the contract to the next bidder; and WHEREAS, staff recommends that the City Council declare the bid of Atlas Copco USA Holdings, Inc., as non-responsive; reject their bid; award the bid to and authorize the City Manager to execute a two-year Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station, in an amount not to exceed $83,400 over a two-year period; and further authorize the Public Works Director to extend the agreement for one additional year, if in the best of interests of the City to do so. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the bid of Atlas Copco US Holdings, Inc., for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station as being non-responsive, thereby rescinding Lodi City Council Resolution No. 2015-108; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the bid and authorize the City Manager to execute a Professional Services Agreement with Clean Energy Fuels, of Newport Beach, California, for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station, in an amount not to exceed $83,400; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Public Works Director to execute a one-year extension to the agreement, if in the best interest of the City to do so. Dated: September 16, 2015 I hereby certify that Resolution No. 2015-168 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 16, 2015, by the following vote: AYES: COUNCIL MEMBERS — Kuehne, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler and Mounce ABSTAIN: COUNCIL MEMBERS — None 4NIFE&FERRAIOLO City Clerk 2015-168 AGENDA ITEM Cow CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Declaring the Bid of Atlas Copco USA Holdings, Inc. as Non - Responsive, Rejecting the Bid, and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for Monthly Preventative Maintenance and On -Call Repairs to Compressed Natural Gas Fueling Station, and Authorizing Public Works Director to Execute Extension ($75;990 83 400) MEETING DATE: September 16, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution declaring the bid of Atlas Copco USA Holdings, Inc. as non-responsive, rejecting the bid, and authorizing City Manager to execute Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for monthly preventative maintenance and on-call repairs to compressed natural gas fueling station, and authorizing Public Works Director to execute extension, in the amount of $75,00983.400. BACKGROUND INFORMATION: Since 2002, the City has contracted with Atlas Copco USA Holdings, Inc., to perform monthly inspections and maintenance on the compressed natural gas (CNG) fueling station. 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. Also included in the contract is a provision for on-call repairs. The contract with Atlas Copco USA Holdings, Inc. expired July 31, 2015. The CNG fueling station is heavily used and is critical to operations of the City's transit vehicles and other CNG fleet vehicles. The agreement for monthly maintenance of the CNG fueling station ensures that the system is operating properly. The contractor performs monthly on-site inspections of the fueling station and performs routine maintenance that may be required at the time. Any major or emergency repairs will be charged at the quoted hourly rate, parts and materials cost, plus mark-up. Staff received written quotes from two CNG station maintenance companies with Atlas Copco USA Holdings, Inc. being the lowest quote. Quotes were based on the lowest monthly maintenance fee. Also included in the quote was an hourly rate and percent mark-up on parts materials for on-call repairs. Atlas Copco USA Holdings, Inc. offered a five percent discount on purchased parts and materials. Quotes received are shown below: Atlas Copco USA Holdings, Inc. Clean Energy Fuels Monthly Per Hour Maintenance Rate $1,572 $114 $2,475 $105 APPROVED: - ep en Schwaba Ci Manager K:\WP\COUNCIL\CAtlasCopcoPSA_Reject. doc 9/16/2015 Parts & Overtime Per Materials Hour Rate Markup $171 (5)% $160 30% APPROVED: - ep en Schwaba Ci Manager K:\WP\COUNCIL\CAtlasCopcoPSA_Reject. doc 9/16/2015 Adopt Resolution Declaring the Bid of Atlas Copco USA Holdings, Inc. as Non -Responsive, Rejecting the Bid, and Authorizing City Manager to Execute Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for Monthly Preventative Maintenance and On -Call Repairs to Compressed Natural Gas Fueling Station, and Authorizing Public Works Director to Execute Extension ($75,000) September 16, 2015 Page 2 At the July 15, 2015 meeting, City Council adopted a resolution awarding the Professional Services Agreement to Atlas Copco USA Holdings, Inc. On July 17, 2015, copies of the Professional Services Agreement were sent out for signature to be returned to the City within ten days of receipt. Staff has attempted multiple times to make contact inquiring on the status of the signed agreement. Staff has not received a response to the inquiries or the signed agreement. On August 25, 2015 a certified letter was sent to Atlas Copco USA Holdings, Inc. informing them of our intent to declare their bid as non- responsive, rejecting their bid, and awarding the contract to the next bidder. Staff recommends Council adopt a resolution declaring the bid of Atlas Copco USA Holdings, Inc. as non-responsive, rejecting the bid and authorizing City Manager to execute a two-year Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station in an amount not to exceed $60,009 83,400 over two years_ with ars option authonz Rg-tae`Pub] ic-Works Directo"o--e l&nd4Gr add+tienal yeaF fsr $LAAO. As of today, September 16, 2015, staff was contacted by Atlas Copco in the form of an email. Contained in the email was a completed W-9, a City of Lodi business license and certificate of insurance. The certificate of insurance is incomplete per the Professional Services Agreement requirements. Staff still does not have a signed copy of the contract or the instrument of credit as required and shown in the scope of services. Staff is still recommending that Council adopt a resolution declaring the bid of Atlas Copco USA Holdings, Inc. as non-responsive, reject the bid, and award the contract to the next bidder, Clean Energy Fuels. FISCAL IMPACT: Routine monthly maintenance will reduce long term repair costs. FUNDING AVAILABLE: Funding for this is budgeted in Fleet Services Operating account (65055000) Jordan Ayers . Deputy City Manager/Internal Services Director F. Wally S41irildelin Public Works Director Prepared by Rebecca Areida-Yadav, Management Analyst FWS/RAY/tb Attachments K:\WP\COUNCIL\CAtlasCopcoPSA_Reject doc 9/1/2015 RESOLUTION NO. 2015- A RESOLUTION OF THE LODI CITY COUNCIL DECLARING THE BID OF ATLAS COPCO USA HOLDINGS, INC., AS NON-RESPONSIVE; REJECTING THEIR BID, THEREBY RESCINDING RESOLUTION NO. 2015-108; AUTHORIZING THE CITY MANAGER TO AWARD THE BID TO AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CLEAN ENERGY FUELS, OF NEWPORT BEACH, FOR MONTHLY PREVENTATIVE MAINTENANCE AND ON-CALL REPAIRS TO THE COMPRESSED NATURAL GAS FUELING STATION; AND FURTHER AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN EXTENSION WHEREAS, since 2002, the City has contracted with Atlas Copco USA Holdings, Inc., to perform monthly inspections and maintenance on the compressed natural gas (CNG) fueling station; and WHEREAS, the contract for the monthly inspections, maintenance and on-call repairs expired on July 31, 2015; and WHEREAS, staff received two written quotes, as follows! Monthly Per Hour Overtime Per Maintenance Rate Hour Rate Markup Atlas Copco USA Holdings, Inc. $1,572 $114 $171 (5)% Clean Energy Fuels $2,475 $105 $160 30% WHEREAS, at the July 15, 2015 meeting, the City Council adopted Resolution No. 2015-108, awarding the bid to and authorizing the City Manager to execute a Professional Services Agreement with Atlas Copco USA Holdings, Inc.; and WHEREAS, on July 17, 2015, copies of the Professional Services Agreement were sent for signature to Atlas Copco USA Holdings, Inc., to be returned to the City within ten days of receipt. Despite multiple attempts by staff to inquire on the status of the Agreement, no response has been received to date; and WHEREAS, on August 25, 2015, a certified letter was sent to Atlas Copco USA Holdings, Inc., informing them of the City's intent to declare the bid as non-responsive, reject their bid, and award the contract to the next bidder; and WHEREAS, staff recommends that the City Council declare the bid of Atlas Copco USA Holdings, Inc., as non-responsive; reject their bid; award the bid to and authorize the City Manager to execute a two-year Professional Services Agreement with Clean Energy Fuels, of Newport Beach, for monthly preventative maintenance and on- call repairs to the compressed natural gas fueling station, in an amount not to exceed $59,009 $83,400 over a two-year period; and further authorize the Public Works Director to extend the agreement for one additional year, On an amount Rot tG eXGee t $2 if in the best of interests of the City to do so. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the bid of Atlas Copco US Holdings, Inc., for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station as being non-responsive, thereby rescinding Lodi City Council Resolution No. 2015-108; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the bid and authorize the City Manager to execute a Professional Services Agreement with Clean Energy Fuels, of Newport Beach, California, for monthly preventative maintenance and on-call repairs to the compressed natural gas fueling station, in an amount not to exceed $50,000 $83,400; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Public Works Director to execute a one-year extension to the agreement, on ars amauw-! `= :, if in the best interest of the City to do so. Dated: September 16, 2015 I hereby certify that Resolution No. 2015- was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 16, 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER M. FERRAIOLO City Clerk 2015-