HomeMy WebLinkAbout0388.093~,
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July 8, 1993
THE HONORABLE CITY COUNCIL
palo Alto, california
contract for Natural Gas Vehicle Fueling Station
Members of th~ Council:
Report in Brief
4
This report req1.!es~.s that council a'Ward a contract in the amOlL"'1t of
$219,402.00 to Tri-Fuels Inc. of Edmond, Oklahoma for construction
of a Natural Gas Vehicle Fueling station at the Municipal service
center (MSC} ~ In addition,. staff recommends that council authorltoe
the City Manaqer or her designel!' tc-eXecute one or more chanqe
~rders to the contract with Tri-Puels Ino. for additional related,
but unforeseen work. The value of these chanqe orders shall not
exceed $26,328.24. Funds for this project are budgeted in the FY
1993-94 capital Improvement Program Budget for Natural Gas Vehicle
conversions, CIP #34203~
Background
This contract wil.l provide the fueling facility for the City's
natural gas vehicles (N~v)~ During the fiscal years of 1993-94 ane
1994-95, the city will convert approximately 104 vehicles, or one
third of the City's light duty vehicle fleet, to operate on
compressed natural gas (eNG}.
Natural lif'as vehicles have the potential to increase energy
indspendence by reducing dependence on imported petroleum, and to
improve air quality since they emit considerably less pollutants
than gasoline vehicles. Additionally, natural gas is a safer fuel
which costs substantially less than gasoline.
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Pr0jept neacript~Qn
The proposed project will construct a complete and operational
eo_pressed natural <Jas vehicle fuelinq station 'Within the MSC. The
CNG fueling station will be for City vehicles only and will pr~vide
adequat~ capacity :for a fleet of. 104 vehicles. The compressed
natural qas vehicle fuelinq station will consist of one 60 CFM
natural gas compressor u:lit, a 30,000 ft' three bank cascade of
ASHE storaqe vessels, a two-hose CNG fast till dispenser with
meterinq system, ana a masonry b:ock enclosure ~ith chain lir~ gate
entry.
Bid E'yaluation~
The project was sent out to competitive bid to 30 bidders. Bids
wera received from four bidders on April 13, 1993, as indicated on
the attached bid sUlilmary. The bids ra.nged from a low of
$219,402.00 to a high of $352,685.00~ The en9inee~'s estimate for
this project is $209,440.00.
The lowest responsible bidder was
OklahomA. Staff finds the lowest
qualified to perform the work.
E~yironmental Assessment
Tri-Fuels Inc. of Edmond,
responsible bidder to be
The Fire Department issued a neqative declaration for the fueling
station Which was a~upt~ by the Architectural Review Board at the
staff level and n~ further environmental review is necessary.
Becommendations
staff reeommenas that ccuncil:
1. Authorize the ~yor to e.xecute a contract with Tri-F-olels Inc.,
in 'Che aJIIount of $219,402~OO for the Natural Gas Vehicle
Fuelinq Station; and
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2. Authorize the City Manager or her ~&aiinee to neqotiate and
execute one or -more cha.nge orders to the constt'Uction c.;..ntr-sct
with Tri-FUels Inc., the value of which shall not excee~
$26,ll8,24,
ReB~ctively s~itte4,
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, <::/-:? " Jq A)"
GREG'~COS~ / r'
sen!:t~r En~l.n"~
2. <
£. J. ZEit
Interi. Director of utilities
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FLEXll>G
t Kana'~er
Attachments! Bid Swmnary
Contract
sit. Location Map
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PART II -CONTR~CT 00500
CONTRACT
This Contract, dated , is entered into by and between
the City of Palo Alto. a municipal corporation 01 the State: Qf California ("City") , and
TTl-Fuels IncorpQrated • a Lgujsiana CQrpQrati.~ ("ContraClo/"), whose
Taxpayer Identification Number is 72-09Q1936
For and tn consideration of the following covenants, terms and conditions, City
and Contractor ("the parties") agree:
1. ilr.m. This Contract shall commence on, ana be blnding on the parties on. the
Date of Execution of this Conuact. and sMail expire on the date of recordation
of the Notice of SubstanticJI Completion, or, if no such notice is required to be
filed. on the date that final payment is made he,eunder, subject to the earlier
terminatio:1 of this Connact.
2. General Ss:.ope of project and Wo(k. Contractor shall furnish labor. services,
materials and equipment in connection with Hie construction of the Project and
complete the Work in accordance with the covenants. terms el'1:d conditions of
this Con'!.ract to the satisfaction of City. The Project and Work is generatly
described as foiJows:
Ti!le: NATURAL GAS VE,"IClE FUELING fTATiON IFASNo.~~
Base Bid: $ 219.402.00
Add Alterna!es (if anvl: $ Jlc;3!J7c..,,3,gB.!!4,j0Q& ________ _
3. Contract Documents. This Contract sha-il c-ansistofthe documents se~ forth below. which are
on file wittl the C:ty Clerk and are here-by incorporated by reference. Fo-: the purDoses of
construing, interpreting an<! resolving l(1consistencies betWilen the provisions of this Contract,
tfieM docvments and t~ ~rovisian$ thereof are &el1onh in the faHowing descending order gf
precedence.
a. This Contract.
b. Notice Invitirlg Formal Bids.
c. Contract Specifications
d. ~awings.
:). Changi'! Orders.
f. Bid.
g. Supplementary Conditions
h. Generai Conditions.
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PART H • CONTRACT 00500
i. , 972 Sut1dard SpecificatiOns
j. Certifica-::e of InsiJrance, Performance Bond and tabor and Matl9rials Bona.
k. AHirmativa Action Guidelines and Complittnte Report,
I. Otner Specifications, or part thereof, not e)\~res5Iy incorporated in tt1e Contract
Specifle;ations or the 1972 Standard $pecmc.:nit)l1s
tTl. Any other document (lot axpressJy melltroned hef'ein which is. issued by CitY or entered
into by the parties,
4. Cgmpensation. tn cons'deration of ContraCI{l{'S pertormOir'lCe of its obl'lg::Jtlons hereunder, City
st'l811 "ey to Comracior the amount set forth in Contractor's Bid in accordance with th.e
provisions of this Contract and upon the fec-eip~ of written invoices and all nec~s.!:.;U')'
supportil'lg doctJmentation within the time set fonr, in the COMraC! Specifications. and" the 1992
SUntiard Drawir.gs and Specificiltion:;, a" if n.o time;$ stated, withi'1 thirty \30~ Oays ot the
date of receipt of Contractor's invo'ces,
5. Insurance On or before the Oa"\E of hecution. Contractor shaH ob{ain and maintaIn the
p;:;Iicies of insurar.ce coverage described in th~ Nat~ce In\l~ting Formal BI(;I~ on terms and
cOf'di-tions and in .amounts as may be require<:! by 1M RiSk Manager. City shalt not be obligated
to take out insurance on Contractor's personal prODerty or We personal property of any person
perl.ormingo f3bor or sen"iccs or sup~lying m~terials or eQuipl7ient under the Project. Contractor
shan furnish Cn:y with the ceroficates 0' insurance and with origina I endorsements affecting
co\"&-rage r8QtJired Ur'lder this Contract on or hefore the Dat~ of Exec-ution, Thl:" e~n-;ficates and
endorsements for each insurance polie..,· shafl be signed by a perSO;1 who is authorized by that
insurer to bind co .. erage on its behaK, Pfoof of insurance shari be mailed 10 the Project
Man<l'Jflr to thf; address set forth in Section 15 of tM,:) C-ontroliCt.
6. IrHfemnificatiOll. Contractor agrees t:J protect, defend, indemnify ane! hOld City, its City Council'
members, ofrleers., and employees harmless from ::md against any and all claims, demands,
r~brrities., losses, damiSoQes, costs, expenses, liens, pe:lslties, suits, or judgrnems, arising in
whole or in pan, directly Of indirectly, at any time from an~ injury to o( death 01 persons or
damage te propertY as II result of the willful or ne.glig~nt act or omiS$ion of Contractor, or
.,..ruch results from Contractor's noncompflance with any law respecting the condition, use,
occupation or safety of ttle ProjeC'1 site, or any part thereof, or whict1 arises from Contractol'$
failure 10 do anything reQIJired IJnder th;s Contract Of tor dOit'lQ anythin9 which Contractor is
reQuired flOt tl") do under thi.$ Convact, or ~ .... hich arisp.s from conduct for which .any law
tm?oses strict liability on ClJntract~r in the performance 0' or ~ .. ihne to perform the terms <!ond
coodltions of this Contract. e)(cept as may arisE' trom the sofe wiJiful or negrigent act or
omission of Cit'"{ or any ot its City Councit members, officers, or er>1.ploYlees, This
indemnification shan extend to any and ~I! claims, demands, or liens made or filed by reason
of anv construction, renovation, or remode""Q Work. performed by Contra.ctor under this
Contract at :!ny time durin" the term of this Contract, or .. rising thereafter.
7. Anumotion of Risk. Contractor agrees to .... oluntarily assume any and all risk of loss, damaQe,
or injury to the property of Comrdctor which rna.,· occur in, on, or abDut the Project site at any
time and in any manner, eltcePting such lOSS, injury, or da'mace as may be CCtl!sed bv the sole
willful or negliQlsnt act or omission of City or any of its City Council members, officers, or
employees.
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8. Wit£.Ir. The acceptance of anv payment or performance, or any pert t.i1ereQf, shall not aperate
IS. waiver by City of its rights under this Contract. A wai."er by City of any breach of any
.pan or proviswn of this Contract by Contractor shall nOt operate .as a waiver or continuing
waiver of ~ny :subsequent breilch of the same or any other provisio;,. nor sha!l ar.y cus~om or
practice ...... ~dch may arise between the partiE-s in the administration of any part or provisior of
ttlls CDntract be cvnSlfued to waive or to le$siJr. the-ri~ht of City to insist upon tne
perfOrmance ot Contractor in strict compliance with the co ... 'enants, terms and conditions of
this Contract.
9. Compliance with laws, Contractor shall comply with all laws now in force or whi-:.h mp),
hef8.1ter be tn fOlce pertaininQ 1.,' the Project and Work and thiS Contract, with thE: requirem~nt
of anv bond c.r fire underwntllr!' 'Jr o'(her simi!af bod\( now or hereafter constituted, with ~n.v
di$.Cteti.:mary licen5e or permit issued ~ursuant to a~y law of any public agency o( officia: as
W1!n is with anv provis.ion of all recorded documentS affecting t:<e Prcie:;;.t ~ite, insofar as any
art:! required by rpason of the use or oc;:,upancy of !he Project site, a rod ...... itt1 all La ...... s pertaining
to nonalS("rimi~;Uion and affirma1.i .... e 8ctiol" in &mpraymem and ha7ardous m.teri~!s.
10. f&m1i. As a condition p,ecedent to CitY's obligation to pay compens3tion 10 Contractor. and
on or before the Dat8 of E)(ecutiOt'l, Contractor shari furnish the Bonds as. reQuired under the
Notice In"iting Formal Bids to the Project Manag-er.
t 1. Representatipns and Warranties. In the Sl.!ppiV of any materi a!s and eQu!pmem and the
renderil"1<o of labor and ser..icf;:-s durin, the t:ourse and scope of the Project and War\(,
Contractor reprltSentS a nd warr~nts:
CI. Any matarials and equipment wh ich shalt be used during the cou r6e and scope of the
Project and Work: shall be vesled in Contractor:
b. Anv materials and equipment wl'lich 5han be used dvring the course and scope 0' th9
Project and Work shall be merchanlabli! and frt t~ be used for the particular "urpas'
for which the materials are jecru ired;
C. Any labor and services rel1dered' and materials and' eQui~ment used Of Iomploye<:f during
the cour$1'! .and $Cope of the Project and Work shall be fr~e of de-fectS in workmanship
fOf' a PErfiod of elle l1) year after the recorda!ion of the Notk:e of Su bstantial
Completion, or. if no such notice is required to be flied, on the date that fir,al payment
is made l1er~Ullcier;
d. Any manufacturer's warranty obtained by Contractor shall be obtained or sha'i be
d!!emed' obtained bv Contractor for anCl on behalf of City,
..,. Any information submitted by ContraC10~ prior to the-award of Contract or thereahar.
upon request whether or nor submiftf!!d under a continuing obli,atiol'l by the terms. ot
me ConttaH .. t tD Jo SO, is true and correct at the time such infOImoitiOrl is :iubmitted or
made available to t~.e City;
t. Contractor has not colluded, cons,:lired. or aoreP.d, directly or Indirectly, with any
parton in regard to the terms and condition:i of Contractor's Bid, eJCcept as may be
J;-t;rm!ned by the N Dtice iflv~ting Formal BIt:)s;
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PART II -CONTRACT 00500
g. Contractor has the power and authority to enter into Inis Connact with City, that the
individual executing thiS Contract is duly authorize=:: 10 do so bV .>ppropriale resolution,
and that this Contract shall be executed, delivered and performed pursuant to the
power and i'uth .. nity conferre·j upon the person or persons .t"uthorized to bind'
Contractor;
h. Contn::ctor has flOt made an atterr.pI to exe!l undue influerlce wit,", the Purchasing
Manaliler or Project Menacer or any other person who hilS d:rectJy cont6buted to CiW's
decision to award the contract to Contractor;
t. There are no unresol .... ed claims or disputes between Contractor al1d City which would
materja~ affect Contractor's abiHty to perform u!"!der the Contract;
j. Contractor has furnished and v/ilJ furnish vue and accurate statements, records,
reports, resali.1tions, certifications, and .other writter1 information as may be requested
of Contractor by Crt'll from time to time during the term of this Con.tract;
k. Contractor and any persofl perfo'ming labo,. and services under I..;is Prajt!ct is duly
rK:ensed as 8 co~tr"':tor wi:h the State of Ca':fornia as reQuired by California Business
& Professions Com, Sec-don 7029, as amended; and
I. Contractor has fully examined and inspected the Project site and has full knowledge
of the physical conditiens of the Project site.
12. ~11Ii.!'.!1, This Contract and the performance requi,.etl hereund9r is personal to Contractor,
and it shah not be assigned by Contractor. Any attempted' ass':gnment shan be nuU and void.
13. Claims of Contracmr. Afl cI3ims pertainin~ to extra work, add'itr:>nal charges, or dr::lays within
the Contract Time or other disputes arisitiO out cf the Contract shall be submitted by
Convactor to City in writing by certified or reoistered milil within ten (l 0) Days after the claim
arose or withi{j .uch other time as maV be permined Of required by law, and shan be de~ribed
in suffa.ci8flt detail to give adequate nolic~ of the substance of the claim to City.
14. AucfttJ, by City, During the terln of this: Coiltract and for,a period of not less marl three (3)
yeiirs after the expiration or earlier termina,jon of th,'s C<lntract, Cit\l shall l'1ave the right to
audit Comractor's Project·related and Work-related writings Clnd busj:1'C'ss records, as such
terms are defined in Califo!nia Evidence Code Sections 250 and 1271, as amended, during the
regular business hours of Contractor. 0(, if Contractor has no such hours, during the regular
business hours of City,
15. ~. All agreements, appointments, approvals, authorizations, claims, demands, Change
Orders, COtl:'el1ts, aesignatiom" n.Jtices, offers, requests and statements given by either party
to the other sl'1all be in writing and st1alJ be sufficiently given and served upon the ottler party
if (1} personally served, j2J sent by the United States mail, postage prepaid, ~31 sent by private
express defivery senlice, or (41 in the case of a fac~imile transmiSSion. tf sent to the telephone
FAX n~mber set f,:,rth below during reg:Jlai busine55 1'10-.Jrs of the recp.ivfnlj party and hllowed
wittlio two (2) Davs by daliver.,. of"" hard COP)! of the material sent by facsimile transmission,
in accordance with (1), (2) or j31 ilbove Pers.::lflar service shall incilJde. without limitation.
seNice by delivery and service hy facsimil-e trans.mission.
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PART II -CONTRACT
To City:
Copy to:
To Contractor:
City of Polo Alto
City Clerk
250 Hamilton Avenue
p,O, Box 10250
Palo AilO, CA 94303
City of Palo Alto
Department of ~
.250 Hamilton AVRnue
p,O, Box 10250
Palo AIIO, CA 94303
(415) 329-ilZl..
FAX: (4151 329-W,a.
AnN: Dick Franklin,
Project Manager
Tri-Fuels Inc.
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1 Q1 5 VJaterwoo<! Parkw"!.a"y"'-_________ _
Edmond, Oklahoma 7:3034-5325
(~, 359'6485
FAX: (~, ~",82.6 _______ _
ATTN: Steve MeSlon CFQ
16. AporOP!iatioo of City Funds. This Contract is. subject !o the fiscal provisions of Article m.
Section 12 of the Charter of me City of Pale Aha. An'll charges herSl,;nder (Of labor. services,
materials and lli'quf.pment may aCCrUE only after such expendiTures have been approved in
advaoc::e in writing in aCCordance with applicable Laws. This Contract $l'lan termmate withour
penalty iii at the end of any fiscal year in the ev~nl that funds are not appropriated fOl" me
Following fiscal year, Dr (ii) at any time within a ftsesl year in the event that funds /!Ire only
approprist-ed for a poftion of the fisC-OIl year and funds for '.his Contract are no longer a"'a~ ... ble.
This S!ction 16 shan control in (hi! E vent of a confl iet with any oth er provision of this
Contract.
17. Mi!&Ce!tan§Ous.
a. BaIlee Oisclaimer. The tlarties understand and agree that City does not P\,Irpart to be
Comractor's ballee. and City is, therefor-e, not r~sponsible for any damage to the
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PART II -CONTRACT 00500
personal property of Contrar;tor.
b. COI'l!;ent. Wht:ne\ler in thiS Contract the approval or consent of a p .. rty is reQuired.
su;:::h appro .... al or consent Sholl! be in writing and sMIl be e:o:","cuted by it person having
the E'lIIpr(!s:; authOrity to grant su;::h approv;::1 Of co~sent
c. Conlrollil1\j Law. r"e ,part~es ag[tle that this Contract 51"1al1 be 'OIoverned' and Construed
by and in accordance with the laws of tile Sla:e of CaUfomia
d. Definitions. The defrnition.s. and terms set forth in S~CIJon 1 of the 1972 Standard
Specifications of this Contract are incorporated herein by reference.
8. Force Majeure. Neither party shall be deemed to be in default on ie-COlii'll: 0' any delay
or fa~ure to perform its ob~Qations under this Contract which directly results from an
Act of God or il'n act of Ci ~uperior go .... ernme¥ltal authority.
f. Headings. The para\jiaph hed;;jinQ'S are not a pail of this C0ntract and snail have no
effect upon the construction or il"ltp.rpretatlcn of any part of tl"1is Contract.
g. tflCorpor~tior. of Docum ... ~ts I'.I! documents constitutj;~g the Contract documents
described in Section 3 hereof and all documerHs whicl'l may. from time to time, be
referred to in any duly eXi!c\Jt-ed amendment Mereta are by such referenc& incorporate<:!
in this. Contract and sl'l all be deemed to tle part of this Co ntr act.
h. Inlegration. This CDfltraCt and any amendments hereto between the parties constitllte
the entire ~eemen.t between the pitrties concerning the Proiect and Work. and there
a~ no other prior ora. or wrinen aoreeme..,ts between the parties thot are not
i~corpor&ted in this Contract.
l Modification of Agreement. This CCintrac~ shall not be modified or be bindi~ upon the
,Parties, unle.ss suer. modificat~on is agreed to in wrI1ing and Signed by the panies.
1. Prov;~on. ArlY agreement, covenant, cono'1tion . .:.~a\Jse, Qualification, restrictK:n.
reser'llation. term OJ other sti~ulation in the Comract shall define or olhefwise connot
estaNish, or limit tr,e perforrnance required or permi"«ed or to be requ;red of or
permitted by either party. AN ~'ovisions, whether covenams Ul' conditIons, shall be
deemed to be both co .... enants and conditions.
k. Resolution. Cootrtlctor shall submit wit"-its. Bid a copy of an.,. cOFperale o! partnership
resolution or other wr.tin\J, which &L'thorizes any director, off~cer or other empfo'tlee or
partner to act fOf or on behajt of Contfilctol' or which authori.les Contractor to efl,ter
into this Contract.
I. Severability. If a coun of com·..;!!1enl jurisdiction finds or rules that an.,. provision of this
C01ltraC1;s void or unenforceable, the previsions of thi" Contract not so affected shaD
remain '~n fuH force and effect.
m. Staius of Contractor. In the e1l8,cise of rights and obJi"ations wnder this Contract.
Contraclor acts as an indapendent conU8ct(J( and not as 8t1 agent or employee of City.
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PART II • CONTRACT 00500
COI1tt,a.ctor Shill not;;o entitled to an.,. rights and benefits accorded or accr-Jing to the
City Council members, officers or emp'oyess of Cit'll, ane COntractor expressly w~ive&
any and all craims to such rights and benefits.
n. Successors and Assigns. The prcvisrons of thos Contract shalJ inure to the benefit of,
and shari aplllv to i:II~d bifId. the $uccessnrs and 3SSIanS of tl'1e parties,
O. Time of the i::ssence. Time is of the essanee of this Contract end each of jtll
provisions. In tl'le calculation of time hereLOnder, the lime in which an act is to be
performed !:!'1al! be computed by excludmg the first Day and ~ncfudinw Ihe last. If the
time in which at1 act is to be perfo(med fa!ls on a Saturday, Sunday, or any Day
tlbserved as a legaT holiday by City, the time for perfcrmanee snail be extended 10 the
~o!!o;,ying Business Oa v.
p. VVllue. In the event that suit is brought by either party hereunder. the parties agree
thai tri2ll1 01 suet! action sha!1 be vested eKchiSively in the state courtS of Ca!ifornia in
the CountY of Santa Clara in the Cit'( of San Jose or in the United States District Court
for the Northem District of Califomia in the City of San Jose.
IN WITNESS WHEREOF, the parties nave executed this Contract on the date
first above Slated in Palo Alto. Caiiforn1a.
ATTEST: CITY OF PALO ALTO, CALIFORNIA
city Clerk
BY: __ ~ __________________ __
Ma,{or
APPROVED: CONTRACTOR:
8Y' ____________________ _
City Manage r
Name: __________ _
Title: _______________________ _
Taxpayer I.D. No.
Director of Utilities
Director of Finance APPROVEO AS TO FORM:
Risk. Manager Assistant City Attorney
END OF SECTION
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MUNICIPAL SERVICES CENTER
EX!STING CONDITIONS
PLAN
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