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GENERAL SERVICE AGREEMENT
This Agreement is made and entered into this Z10h day of . RkAk , 20Ze, by and between the CITY OF MANTECA, a public body, corporate and politic (" C ") and Trillium USA Company, LLC, a Delaware limited liability company(" Contractor").
RECITALS
A. Contractor is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Contractor possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Contractor to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the repairs, emergency call- out, maintenance, and reporting services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Contractor dated July 23, 2019, and attached hereto as Attachment 2. Contractor shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the repairs, emergency call- out, maintenance, and reporting services is sometimes referred to herein as " the Project."
2. Work Through CityStaff. Contractor shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Contractor from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Contractor' s services will commence upon execution ofthis Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than January 3, 2025, with the option for the City to extend this agreement to January 3, 2027 at the City' s discretion. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
All work shall be coordinated with, and approved by the City at least 48 hours prior to initiation of said work if it will impact City operations, except in an emergency or when Contractor is onsite conducting site inspections. All work shall occur only on a working day, except in an emergency. A working day is unit of measurement of time for work progress. A working day is any 24-consecutive- hour period except:
1) Saturday, Sunday and a holiday.
2) Any day during which Contractor cannot perform work on the controlling activity for at least 50 percent of the scheduled work shift with at least 50 percent of the scheduled labor and equipment due to any of the following:
a) Adverse weather- related conditions.
b) Traffic maintenance under the Contract.
c) Suspension of a controlling activity that Contractor and the Owner agree benefits both parties.
d) Unanticipated event ofForce Majeure not caused by either party.
4. Compensation. Without additional authorization from the City, compensation to be paid to Contractor in accordance with Attachment 2 and shall not exceed TWO HUNDRED AND SEVENTY THOUSAND SIX HUNDRED DOLLARS ($ 270, 600. 00) for the Five- year term. Ifthe City exercises its option for an extension, additional compensation to be paid to Contractor in accordance with Attachment 2 and shall not exceed ONE HUNDRED EIGHT THOUSAND TWO HUNDRED AND FORTY DOLLARS ($ 108, 240.00). Payment by City under this Agreement shall not be deemed a waiver of any defects, even ifthose defects were known to the City at the time of payment.
5. Method of Payment. Contractor shall submit monthly billings to City specifying and describing the work performed during the preceding month. Contractor' s bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Contractor fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, the term " Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without the City' s prior written authorization.
7. Force Majeure. The Contractor's services or warranties may preclude coverage in some situations where an event of Force Majeure can be demonstrated to directly affect said services or warranties. In a case of Force Majeure, additional fees or time may be incurred based on the additional documented cost or time accrued by Contractor. Force Majeure may be claimed only for work shown to be directly affected by said event.
Force Majeure" means an event beyond the control of Contractor, not due to an act or omission of Contractor, which materially and adversely affects Contractor' s ability to meet its obligations under the Contract. Force Majeure shall be defined to consist ofthe following:
A) Act of God.
B) Act of a public enemy.
2 C) Epidemic.
D) Fire.
E) Flood.
F) Governor-declared state of emergency.
G) Landslide.
I ) Quarantine restriction.
I) Issue involving a third party, including:
i) Industry or area-wide labor strike.
ii) Material shortage.
iii) Freight embargo.
iv) Jurisdictional requirement of a law enforcement agency. v) Workforce labor dispute of a utility or non- City facility owner resulting in a non-Cityfacility rearrangement not described and not solelyfor the Contractor's convenience. Rearrangement of a non- City facility includes installation, relocation, alteration, or removal ofthefacility.
8. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days' prior written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
9. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Contractor, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Contractor for such work. City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor' s expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Contractor in connection with the performance of this Agreement, shall be held confidential by Contractor. These materials shall not, without the City' s prior written consent, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Contractor that is otherwise known to Contractor, or is generally known, or has become known to the related profession shall be deemed confidential. Contractor shall not use City' s name or insignia, photographs relating to the Project for which Contractor' s services are rendered, or any publicity pertaining to the Contractor' s services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City' s prior written consent.
3 10. Contractor' s Books and Records.
A. Contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement.
B. Contractor shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address specified in Section 18 ofthis Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Contractor' s business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Contractor, Contractor' s representatives, or Contractor' s successor- ininterest.
11. Independent Contractor. In the performance of the work and services required by this Agreement, Contractor shall act as and be an independent contractor and not an agent, or employee ofthe City. Contractor shall obtain no rights to retirement or other benefits that accrue to City' s employees, and Contractor expressly waives any claim it may have to any such rights.
12. Interest of Contractor.
A. Contractor represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Contractor' s services hereunder. Contractor further represents that, in the performance of its duties hereunder; no person having any such interest shall perform any services under this Agreement.
B. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
4 possesses ossesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel.
FPPC Reg. 18700( a)( 2).)
13. Professional Ability of Contractor.
A. City is relying upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement.
Contractor shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor' s field of expertise.
B. The primary provider of the services required by this Agreement shall be Trillium USA Company, LLC, and as shown in Attachment 2. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City' s prior written consent.
14. Compliance with Laws. Contractor shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
15. Licenses. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Contractor to practice its profession.
16. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect including any and all costs and expenses in connection therewith), arising out of Contractor' s performance of this Agreement, or Contractor' s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the sole or gross negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
17. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment
4. Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best' s rating of no less than ANII and shall be endorsed with language substantially as follows:
1) The City, it' s elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of 5 the Contractor, including materials, parts, or equipment furnished in connection with such work.
2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. 3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability ofthe insuring company. 4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. 5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. 6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City' s option, Contractor shall demonstrate financial capability for payment ofthose deductibles or self-insured retentions.
D. Certificates of Insurance. Contractor shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Tim Carroll
6 If to Contractor: Trillium USA Company, LLC
2929 Allen Parkway, Suite 4100
Houston, Texas 77019
Attention: Morris Collie
19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
20. Amendments. This Agreement may be amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Contractor. Assignments of any or all rights, duties, or obligations of the Contractor under this Agreement will be permitted only with the express written consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
22. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
23. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
24. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
25. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
26. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (" JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five 7 mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
27. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
28. Authority to Enter Agreement. Contractor warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
29. Prohibited Interests.
A. Contractor warrants that it has not employed or retained any person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement.
Further, Contractor warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
30. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age.
Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
31. Precedence. In case of conflict between Contractor' s Proposal dated July 23, 2019 and this Agreement( which includes Attachment 1 and Attachment 3) this Agreement and its attachments shall take precedence over Contractor' s proposal.
This Space Purposely Left Blank
8 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as ofthe date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONTRACTOR:
Trillium USA Company, LLC, 4ky,&&W l L4 2PW a Delaware limite com an Signature) Y
Type tract r/form o rganization)
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Miranda Lutzow, t4etirrg Ci y Manager
ATTEST: By:
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Signatur JP Field- Hansen
Type name and title)
Eisa Black mn; City Clerk
aSSay%drA1 It m
Address: 2929 Allen Parkway, Ste 4100
COUNTERSIGNED: Houston, TX 77019
Telephone: ( 713) 332- 5726
Si
Stephan Christensen, Deputy Finance Dir.
COUNTERSIGNED:
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S at re)
rA
tzoZA Services Director
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APP WED AS TO FORM:
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John Brinton, City Attorney
9 ATTACHMENT 1
REQUEST FOR PROPOSAL
CITY OF MANTECA
REQUEST FOR PROPOSAL (RFP)
FOR
MAINTENANCE SERVICES
FOR
CNG STATION
IN THE
CITY OF MANTECA
tECA, c'!
Manteca
OWN
tlz urrilyc r
c°
Rp
RATED
Issued: June 18, 2019
Due: July 23, 2019
CITY OF MANTECA
REQUEST FOR PROPOSAL( RFP)
FOR
MAINTENANCE SERVICES FOR THE R-CNG STATION
IN MANTECA, CALIFORNIA
I. A. INTRODUCTION
The City of Manteca( City) will be accepting proposals from experienced and qualified CNG Fuel Station Maintenance and Service Consultants. The purpose ofthis Request for Proposals RFP) is to select a consultant to provide station maintenance at the new Compressed Biogas Fueling Facility located adjacent to the Manteca. WQCF at 2450 West Yosemite Avenue in the City of Manteca. It is the intent of the City to contract for said maintenance and management services from a qualified consultant for a term of 5- years with possible two 2- year extensions, at City' s discretion, from the date of Notice to Proceed.
BACKGROUND
The Manteca Wastewater Quality Control Facility( WQCF) is located at 2450 West Yosemite Avenue in Manteca, California. It is owned by the City of Manteca. August 8, 2014, the City of Manteca engaged Herwit Engineering to develop a Biosolids and Biogas Utilization Master Plan B/BUP) for the WQCF. This B/BUP identified the feasibility of utilizing biogas as R-CNG to provide fuel for the City' s Heavy Fleet vehicles, e. g. Garbage Trucks and Vacter Trucks. This process could utilize the produced biogas from the anaerobic digestion process at the WQCF, which was being flared, as a source gas for an R- CNG fuel dispensing station.
With the master planning complete and the grant funding available, the City proceeded with the design and engineering ofthe biogas system. The construction contracts were developed in two phases to install the biofuel production facilities and the R-CNG Dispensing facilities.
Construction contracts were awarded on November 15, 2016 and March 20, 2018, respectively.
Construction is currently in progress on both Contracts, and the completion ofthe project is scheduled for July 2019.
The construction ofthe project included installation of a sulfatreat sulfur removal. system, Unison Solutions BioCNG package plant for gas cleaning, and ANGI and Trillium Energy equipment for fuel compression, storage and dispensing. The pressurized system operates at about 100 psi on the medium pressure side, up to 4500 psi on the high pressure side. The facility includes, but is not limited to, the following equipment:
Unison BioCNG 100 gas scrubbing equipment;
ANGI fast fill fuel dispensers;
Comdata SmartSite GX outdoor payment terminal;
30 Time-fill dispensers;
Five racks ofhigh pressure storage tanks;
ANGI Reciprocating Compressor systems w/ Ariel Compressors; Trillium Compressor Systems;
PSB Natural Gas Dryer, Model: NG- SRD- 21- 4- DDP;
Two 12,000 gal medium pressure storage tanks;
ANGI Meter Panels;
ANGI Assy-Filter JS61) GRD10/ GRD4 in series with bypass with stand; And ancillary equipment, control and plumbing.
More detail is provided online at the City website in Exhibit 3 of this RFP.
The R-CNG will be scrubbed and polished to meet SAE J1616 standards. Additionally, a PG& E CNG gas line was installed to provide reliability and redundancy in the provision of fuel to the City Heavy Flee. The City will own the fueling equipment and use the fuel generally for its own use. However, the SJVAPCD grant does require a public option, so public fast fill dispensing facilities are available.
The gas fueling operations will likely begin in July or August and the gas usage will be monitored with automated controls. The City has already acquired two CNG Vacter trucks, and eight CNG Garbage Truck( with one more on back order to be delivered in near future). The City anticipates acquiring ten more CNG Garbage trucks in the next six years. Additionally, there is a public fast fill station available.
U. SERVICE DESCRIPTIONS
The Consultant shall provide proactive, scheduled, routine maintenance services and emergency maintenance services for the entire R-CNG facility covered in this project. This includes providing all labor, parts, materials replacement equipment, emergency fueling services, inspections and testing. All planned and unplanned R-CNG facility repair work shall be coordinated with the City of Manteca, Public Works Department.
1. Consultant shall perform maintenance and inspection a minimum of once a week
2. The Consultant shall respond remotely within one( 1) hour of an emergency shutdown event and be onsite within two( 2) hours of an emergency shutdown event.
3. The Consultant service must be of such high quantity and quality so that all CNG vehicles will be fully fueled for operational rollout on any given morning during the contract. The Consultant shall have the capability to remotely monitor the key compressor system variables such as flow, temperature and pressure with a laptop computer and remote alarm 24/ 7, 365 days a year
4. All electronic and hard copy of the maintenance records shall be kept at the Facility site for the City' s inspection and must be updated on a monthly basis. The City shall permit the Consultant trained and certified O/ M personnel and its approved vendor subconsultants to enter the compressor compound area and the fueling island area for O/M services
5. Proposers must show that they have had at least five( 5) years' experience in commercial CNG fuel site maintenance and repair
6. Vendor must be certified on ANGI CNG systems and must provide proof of certification with bid submittal
M. MATERIALS FURNISHED BY CITY
Upon request, a copy may be made available in electronic format through the Engineering Division of the City of Manteca Public Works Department ofConformed Plans and Specifications; and Specific equipment submittals and construction documentation, as available.
All interested parties should provide a flash drive to the City for download of the electronic files and means ofremitting the flash drive to said parties on or before the end ofthe written questions period. Upon request, the City may attempt to. email copies of said documents or upload to a proposers flp site; however, due to the size limitations of some proposers email services, the City does not guarantee this means of delivery. The City' s email services are limited to 10 MB receiving and 15 MB sending. It is the responsibility of those intending to propose to coordinate and follow-up on any documents requested.
All software, data, reports, surveys, drawings, and other documents furnished to the Consultant by City for the Consultant' s use in the performance of services shall be made available only for use in performing the assignment and shall remain the property of City.
IV. CONTRACT TYPE
The professional services agreement for this project is planned to be City Standard General Services Agreement( Exhibit 2), with a totals not to exceed amount. Any services provided by the Consultant, which are not specifically covered by the Contract, will not be reimbursed unless previously approved in writing by the City in conformance with City contracting policies. It is the Consultant' s responsibility to recognize and notify City when services not covered under the Contract have been requested or may become necessary.
V. MINORITY BUSINESS OPPORTUNITIES
The City encourages participation from Disadvantaged Business Enterprise( DBE), Underutilized Disadvantaged Business Enterprise ( UDBE), Women- owned Business Enterprise WBE), and Disabled Veterans Business Enterprise( DVBE). However, there is no specified DBE/ UDBE/ DVBE/ WBE contract goal for this project.
VI. QUALIFICATIONS/ PROPOSALS INSTRUCTIONS
There are mandatory Site Walks to review the new facilityes for Prospective proposers. Two alternative mandatory Site Walks will be held to afford an opportunity for attendance. Proposers must attend at least one of the two alternative Site Walks to be eligible to propose. The schedule for the mandatory Site Walks is disclosed in the schedule in Section XI ofthis RFP. Mandatory Site Walk will be held at the WQCF, meet at the Administration Building at 2450 W. Yosemite St., Manteca, California 95337.
Proposals will be accepted until 3: 00 p.m., Pacific Time, on Tuesday, July 23, 2019. Six hardbound( 6) copies ofthe Proposal, and 1 ( one) electronic copy in .pdf format on Compact Disk CD) or Flash Drive are to be submitted to
Mr. Bret Swain, PE
Senior Engineer
City of Manteca— Public Works Department
1001 West Center Street, Suite E
Manteca, CA 95337
Email: BSwain( a,ci.manteca. ca.us
All Proposals are to be submitted in a sealed package, clearly marked with" Proposal, Maintenance Services, Manteca R-CNG Fueling Facility". A copy of the cost estimate is to be submitted in a sealed envelope separate from the Proposal, but attached, clearly marked with Name ofProposer, Project Name, and" Sealed Cost Proposal".
The City reserves the right to accept or reject late proposals at its sole discretion.
The City does not recognize the U.S. Postal Service, or any other organization, as its agent for the purposes ofaccepting Proposals. All Proposals received after the deadline may be'rejected and returned unopened. No extensions will be granted.
Proposers shall include the following information.
A. COVER LETTER& MEMORANDA
Provide the following information:
A statement requesting City to evaluate the submitted qualifications based upon the Scope of Services for the proposed R-CNG Maintenance Services.
Identification of all proposed sub- consultants including description of the work to be performed by the prime firm and each sub- consultant firm proposed for the project.
Indicate the location of the office from which the work will be performed.
Acknowledgement of any and all addenda.
A signed statement by an officer of the firm attesting that all information in the proposal is true and correct.
B. CONTRACT TERMINATION CIRCUMSTANCES
Provide a response to the following question: Has your firm ever been terminated from a contract?
IfConsultant has been terminated from a contract, describe the facts and circumstances in detail, on a separate sheet.
C. TECHNICAL CONTENT
The technical content ofthe Proposal shall include the following:
1. Qualifications Related Experience, and References
This section ofthe Proposal should establish the ability of the proposed team to satisfactorily perform the required work by reasons of: experience in performing work of the same or similar nature; demonstrated experience working with local agencies and cities directly involved in this project; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Specifically:
a. Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization( corporation, partnership, sole proprietorship); number, size and location of offices; number of employees.
b. Provide a general description of the firm's current financial condition; identify any conditions( e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede ability to complete the project. c. Describe the firm' s experience in performing work of a similar nature to that solicited in this RFP, and the participation in such work by the key personnel proposed for assignment to this project. Highlight the firm' s and key personnel' s experience with CNG Maintenance Services experience. Include a discussion of at least three previous Maintenance Services or related projects of similar design completed within the last 20 years by key members of the proposed project team.
d. A brief description of the project team, key staff and subconsultant, and discussion of relevant their experience as it relates to this project. e. Provide a minimum of three( 3) references who own their facility and can discuss the firm and project team' s qualifications to deliver the project Scope of Services. The references shall be knowledgeable and able to discuss the qualifications of the firm and project team correlating with the work experience cited under sections C. Lc and C.2. c.
Furnish the name, title, address and telephone number of the person( s) at the client organization who are most knowledgeable about the work performed. f. Provide a list of past joint work by the offeror and each sub- consultant, if applicable. The list should clearly identify the project and provide a summary of the roles and responsibilities of each party.
2. Proposed Team Staffing and Project Organization
This section ofthe Proposal should discuss and identify key personnel, qualifications and assignments, specifically:
a. Include a project organization chart that clearly delineates communication/ reporting relationships among the project staff,.including any subconsultants. b. Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person' s name, current location, proposed position for this project, proposed project assignment, level of commitment to that assignment, availability for that assignment, and how long each person has been with their respective firms.
c. Furnish briefresumes [ not more than four( 4) pages each, or two( 2) sheet front and back if double- sided] for the proposed Project Manager and other key personnel shown on the project organization chart. Resumes should be provided for only key personnel substantially involved in the project( performing more than 10% of the billable work or mandatory inspections. Individual' s project experience should highlight and discuss the individuals experience on projects of similar nature as this project, and correlating experience with proposed role on project. Project experience should correlate with the experience discussed under section C. 1. c above. Provide education, experience and applicable professional credentials of project staff. Identify key personnel who are specially licensed or certified to work on the associated facility and equipment that will be involved. Include a copy of all applicable professional licensure or certification relevant to this project for project team personnel as an attachment( this does not count towards page count limit). Do not include extraneous certifications, those not relevant to this project scope.
d. Provide education, experience and applicable professional credentials of project staff. e. Include a statement that key personnel will be available to the extent proposed for the duration of possible projects,' acknowledging that no person designated as " key" to the project shall be removed or replaced without the prior written notice to the City.
3. Work Plan
A. MAINTENANCE SERVICES
a. General Scope of Services
i) The Consultant shall furnish and assume full responsibility for all materials, equipment, labor, transportation machinery, tools, appliances, fuel power, light heat telephone, water for completion ofthe work. Such support that may need to be provided after normal working hours will be provided by the Consultant at its expense. ii) The Consultant will need to install their own communications gateway, such as cellular, and firewall to access facilities systems.
iii) The Consultant shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the RFP. The Consultant shall be responsible to see that the completed work complies accurately with the scope of work. iv) The Consultant shall provide all maintenance as required to keep all facility fully functional in accordance with these Requirements, including all labor, consumables, and repair, rebuild, and replacement costs. Preventative maintenance shall include all weekly, monthly and annual service as required and recommended by the manufacturers of the existing systems and components and as provided by the Consultant. Maintenance shall also include handling, storage and disposal of all waste generated during O& M activities in full compliance with all federal, state, and local laws. The Consultant is required to maintain a Hazardous Waste Generator identification number and manifest all hazardous waste removed from the facility. The Consultant is solely responsible for the quality of the work.
v) The Consultant service personnel shall wear all protection equipment necessary for the job such as but not limited to hard hat, goggles and a yellow safety jacket while doing maintenance at WQCF facility.
vi) The Consultant shall perform maintenance and inspection a minimum of once a week. vii) The Consultant shall check in and check out with City staff for each visit and give a report of the service completed.
viii) An electronic and hard copy ofthe maintenance records shall be kept at the Facility site for the City' s inspection and must be updated on a monthly basis. The City shall permit Consultant trained and certified O/ M personnel and its approved vendor subconsultants to enter the compressor compound area and the fueling island area for ON services. ix) The Consultant is to provide all necessary labor, materials, equipment, and supervision to perform the work.
x) The Consultantmust follow OSHA safety standards while performing this work. This also includes the proper use of" lock out tag out".
xi) The Consultant will clean their work areas before leaving the site. xii) Material/ Workmanship. All material used for this project shall be provided by the Consultant unless specified otherwise, and shall be new, unused and offirst or Original Equipment Manufacturer( OEM) quality. Workmanship shall be at least equivalent to acceptable standards practiced within the CNG compressor industry for similar projects xiii) The Consultant shall have at least three( 3) technicians fully able to comply with the requirements herein. Further, technicians shall be skilled in reading Piping and Instrumentation Diagrams( P& IDs) and Electrical Schematics, debugging electrical control systems, and the proper use of specialized tools required by certifying manufacturers.
xiv) The Consultant service must be of such high quantity and quality so that all CNG vehicles will be fully fueled for operational rollout on any given morning during the contract. The Consultant shall have the capability to remotely monitor the key compressor system variables such as flow temperature and pressure with a laptop computer and remote alarm 24/ 7, 365 days a year.
xv) System Monitoring and Alarms. The R-CNG station, which includes CNG backup elements, monitoring and alarm system must be operational at all times. Bypassing of alarms and shutdown systems will not be allowed without specific approval of City. The monitoring and alarm system shall be tested monthly preferably during the morning during minimum fuel demand periods. The ESD system shall be tested monthly and reset.
Consultant' s monitoring system shall be capable of proactively troubleshooting and diagnosing R-CNG station failures remotely and dispatching technician support as needed.
xvi) Fuel Dispensing Area. The fueling panels, hoses, nozzles, and related fueling components shall be free from defects or wear, in good working order and free of detectable leaks. All valves, fittings, connections and joints in piping shall be leaked tested with a gas detector every three months. All leaks shall be immediately repaired. Consultant will not be responsible for equipment failures resulting from abuse or neglect by City personnel. xvii) R-CNG& CNG Compressor Compound Area. Each compressor and related controls, hardware, and associated CNG system equipment shall be free from defects or wear, in good working order and free of detectable leaks. The Consultant is responsible in the handling, storage and disposal of all unclassified liquid and solid waste generated during O/ M activities in full compliance with all federal, state, and local laws. xviii) Work Performance. All work shall be completed in a competent manner according to industry best practices. All persons engaged in the work, including subconsultants, will be considered as employees ofthe Consultant. The Consultant will be held responsible for their work. City will deal directly with and make all payments to the prime Consultant. The subcontracting of any or all ofthe work to be done will in no way relieve the Consultant of any part ofresponsibilities under the contract. b. Proposed Equipment Services
This is not a comprehensive list, but a list of probable maintenance services required. Other services may be required in conformance with O& M manuals, warranties, per manufacturer documentation or direction, industry standards. Frequency of service to be performed as recommended by O& M manuals, warranties, per manufacturer documentation or direction, industry standards.
i) Check frame oil pressure.
ii) Check lubricator block cycle movement indicator.
iii) Check primary and secondary packing vents for blowing. If blowing, determine cause and, if necessary, replace packing internal parts.
iv) Check and correct any gas and oil leaks.
v) Check operating pressure and temperatures.
vi) Check shutdown set points.
vii) Check lubricator box oil level.
viii) Check for unusual noises or vibrations.
ix) Check and confirm safety shutdown fiwctions.
x) Drain and replace lubricator box oil.
xi) Change oil filter.
xii) Clean oil strainer and visually inspect for foreign material. xiii) Clean the sintered element in the small oil filter supplied on the force feed lubrication system.
xiv) Check main bearing clearance, connecting rod bearing clearance, and crank thrust clearance with a bar and indicator. If outside the limits, replace the affected bearings. The limits are as stated in the O& M manuals and Warranties first, then per manufacturer documentation or recommendation, then industry standards. xv) Check crosshead guide clearance with feelers, and if outside the limits, replace the affected parts.
xvi) Inspect valves for broken plates and loose center bolts, replace broken parts and tighten center bolts to torque values limits.
xvii) Inspect cylinder bores for damage or wear. Replace or re- bore cylinder if gouged. xviii) Inspect piston ring end gap. Replace piston rings that are outside the limits. xix) Inspect piston rods for damage and excessive wear. Replace rod if gouged or scratched. xx) Rebuild cylinder packing cases.
xxi) Inspect the frame twist of bending by checking shimming of compressor feet. xxii) Check and re- calibrate all temperature and pressure gauges. xxiii) Check and record compressor rod run out.
xxiv) Grease WCP unloader stem threads at grease fitting. xxv) . Clean crankcase breather filter.
xxvi) Adjust drive chains.
xxvii) Pressure test the force feed lubrication distribution block( s). xxviii) Any other recommendations or requirements set forth in O& M manuals, warranties, manufacturer documentation or recommendations, or industry standards c. Unscheduled Maintenance Service
Consultant will monitor and advise the City ofrecommended service intervals as they approach, however, for services not included Routine Field Maintenance Services, the work will not be performed without the City prior approval. Consultant shall obtain written authorization, in advance, from a City representative for all non-emergency visits and work. d. Repairs and Emergency Call- Outs
i) Critical Service— Critical service problems( which prevents vehicle fueling, disables a safety system, leads to a major critical system failure, or cause a natural gas leak) or that otherwise impacts the ability of vehicles to meet schedule:
Maintenance crews will respond by telephone to all service calls on a 24-hour 7- day a week basis within one( 1) hour. Failure to respond will be subject to a penalty as outlined in Exhibit 1.
On- site response time will be within two ( 2) hours ofthe request in emergency situations, unless notified by.a City representative. The City will be given the appropriate contacts for this service. Failure to respond will be subject to a penalty as outlined in Exhibit 1.
ii) Non- Critical Service— Non- critical service problems( those which do not meet the criteria of critical service problems specified above, or that otherwise do not impact the ability of vehicles to meet schedule)
Consultant will defer all non-emergency service calls to normal business hours, provided such delays would not result in an unsafe condition or the inability to fuel City vehicles. Consultant will then provide service at the beginning ofthe next business day. Consultant will use its best commercial efforts to provide service at the site, if necessary, within 3 Calendar days of notice. Failure to respond will be subject to a penalty as outlined in Exhibit 1. iii) The Consultant will provide an all-weather placard for posting at the station indicating a telephone number providing 24 hour access by telephone to contact Consultant to obtain assistance as may be required.
e. Waste Materials and Hazardous Waste
i) The Consultant shall be responsible for handling, preparing for removal, and communicating the need of removal of all hazardous materials that are a product or byproduct of station maintenance or repair, in compliance with all federal, state, local environmental laws and regulations.
ii) Condensate from gas dryer.
iii) Condensate' from buffer vessels.
iv) Compressor oil—change outs, and drainage from blow down vessels. f Station Records
i) Consultant shall maintain a logbook ofall routine, preventative, and unscheduled maintenance and repairs performed on the station, including pertinent measurements, readings and observations in a binder at compressor site. Consultant shall submit copies of all reports on the last day of each month.
ii) Consultant shall maintain copies of all Routine Service Visit Reports, Unscheduled Maintenance Service Reports, and Repair and Emergency Call-Out Reports. g. Reports to City
i) All reports shall be submitted no later than 5 business days after the service was performed. Failure to respond will be subject to a penalty as outlined in Exhibit 1. These reports shall be e- mailed to the City.
ii) Weekly Monitoring Data
iii) Routine Service Visit Report. The Service Technician' s checklist indicating the following:
Date and time of service visit
Compressor run hours
Electric utility meter, gas utility meter, and pressure gauge readings.
Any control panel fault codes
Items checked, station operating conditions, and corrective action taken if applicable
Parts replaced under warranty
Parts replaced and not covered by warranty, including cost Consumables replaced, including cost
Other items as may b e determined by Consultant or City iv) Unscheduled Maintenance Service Report. The Service Technician' s Service Report indicating the following:
Date and time of service visit
Compressor run hours
Items repaired or replaced, including reason, service time incurred and cost for parts and service time
Other items as may be determined by Consultant or requested by the City v) Repair and Emergency Call- Out Report. Consultant will provide a Service Event Record for any service required as a result of a fault condition at a station. The report will include the Service Report for the incident indicating the following:
Date and time of service visit
Time and method of notice
Compressor run hours
Cause for fault condition
Action taken to restore service, items repaired or replaced, including reason, service time incurred and cost for parts and service time Whether fault condition caused interruption of station service, and if so, the duration ofthe interruption
Time service was restored
Other items as may be determined by Consultant or requested by the City h. Invoicing
i) An invoice for Routine Visits & Services will be submitted monthly, and shall include:
One twelfth of the contract value for all services. A list of all parts and consumables during the month for said services
Reports including daily monitoring data, Routine Service Reports for the billing period; and the Monthly Safety Inspection Report for the billing period
Other costs as indicated on the price schedule submitted with quote ii) A separate invoice will be submitted for each Unscheduled Maintenance Service and Repair, and for each Emergency Call- Out, and shall include:
Labor hours and cost, including start and end time of each service call.
Trip time or other charges are to be billed as a separate line item as allowed in the price schedule submitted with quote
Cost of parts and consumables. Attach a detailed list of materials indicating quantity, cost and mark-up. Other documentation may be required upon request ofthe City
Copy of Unscheduled Maintenance Service Report or Repair and Emergency Call-Out report associated with the work
Other costs as indicated on the price schedule submitted with quote
4. Consultant Qualifications
Consultant shall have a minimum of 5 years direct experience in the maintenance, operation and repair of CNG fueling facilities, including CNG compressors, natural- gas dryers, CNG dispensers, and PLC-based equipment controllers.
Consultant must have a laptop PC with cables and software necessary to connect to the stations' and dispensers' controller boards; for the purpose ofreinstalling programming when boards are replaced. Consultant shall have at least three( 3) technicians able to fully comply with the requirements herein. Further, technicians shall be skilled in reading Piping and Instrumentation Diagrams( P& IDs) and Electrical Schematics, debugging electrical control systems, and the proper use of specialized tools required by certifying manufacturers.
Technicians must have a minimum of 5 years direct CNG experience on systems of equivalent size and complexity. Qualified technicians must be available at all times and must be equipped with a cellular phone as well as all working tools and safety equipment.
Consultant shall provide documentation indicating all required training and certifications, and/ or any narrative supporting why such documentation is not necessary and/or available.
5. Appendices
Information considered being pertinent to this project and which has not been specifically solicited in any ofthe aforementioned sections may be placed in a separate appendix section.
Consultants are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief.
D. CONTRACT COMMENTS
Provide a written discussion of any proposed deviations to the City' s standard contract.
Please note that City reserves the right to disqualify any Consultant that does not provide a complete written discussion of its contractual objections or to disqualify any Consultant based on objections that City considers non-negotiable.
E. ENTIRE PROPOSAL PACKAGE
The Consultant' s statement of qualifications package is limited to 60 ( 8 '/ 2" x 11") pages double- sided. Charts and schedules may be included in I I" x 17" format and will count towards the page count. Proposals shall not include any unnecessarily elaborate or lengthy promotional material. Lengthy narratives are discouraged, and presentations should be brief and concise. Page limit does not include the outside cover, section dividers, cover letters, or appendices. Statements that do not contain the required information or submittals that do not contain the required number of copies may be rejected. .
F. CHANGES
At any time during the procurement process, a firm makes any changes to proposed key personnel or sub- consultants; they must notify the City in writing of those proposed changes.
The City reserves the right to accept or reject such proposed changes or to revise the evaluation scoring to reflect the proposed staffing changes.
G. HOURLY RATES
A copy of the Consultants proposed hourly rates and an estimate of hours to provide each task by personnel shall be included with each submittal. Rate Schedules must indicate that they are valid for the term ofthe agreement or must provide an escalation factor that applies for the term of agreement.
H. COST PROPOSAL COST REQUIREMENTS
The proposal is not to include a cost proposal. The cost proposal shall be submitted in a separate sealed envelope. An electronic copy shall be included as a separate CD or Flash Drive included with the hard-bound cost proposal sheets in the sealed envelope.
The consultants cost proposal shall contain the flowing:
a. The fee proposal shall be submitted for the consultant services outline in the scope of work, Attachment A of this RFP. The fee proposal shall be identified for each phase of work.
b. The consultant shall submit a breakdown of the anticipated cost based on tasks outlined in the Work Plan. Indicate the anticipated number of staff hours and hourly rates. Include all anticipated materials and equipment costs that will be necessary in completing this task.
c. Cost proposals shall also be separated out and clearly identified into the tasks as described in Exhibit A
VII. ACCEPTANCE OF PROPOSALS
City reserves the right to accept or reject any and all qualifications/proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. City reserves the right to withdraw or cancel this RFP at any time without prior notice and City makes no representation that any contract will be awarded to any firm responding to this RFP. City reserves the right to re-issue a new RFP for the same or similar services. City reserves the right to postpone proposal openings for its own convenience. Qualifications/ proposals received by City are public information and must be made available to any person upon request. Submitted proposals are not to be copyrighted.
VIII. CONSULTANT SELECTION
The primary objective of City is to select qualified firms to perform necessary services for City at a fair and reasonable cost. To that end, City has established the following criteria for the selection process:
1. Rejections:
All Proposals will be reviewed to determine conformance with the RFP requirements. Any Proposals that the City deems incomplete, conditional, or non- responsive to the requirements of the RFP maybe rejected. As was stated above; the City reserves the right to reject any and all Proposal as well.
2. The selection process shall be fair, open, and competitive.
3. The selection of the consultant firm preferred for this project will be based on clearly stated objectives.
4. Selection of consultants/ firms preferred for this project shall be based upon demonstrated competence, professional qualifications, experience, and capabilities to perform the required services.
5. Scoring Criteria:
a. Value and life cycle cost of service;
b. Experience and qualifications to perform the scope of services; C. Ability to manage project activities to the standards expected, and maintain the project schedule and costs within project deadline and budgets; d. Ability to support the maintain continued and reliable service from a R-CNG fueling facility;
e. Responsiveness to the RFP and quality ofproposal;
f. Level of effort relative to services provided; and
g. Understanding ofproject scope and clarity ofwork plan to meet project needs.
6. The opportunity to negotiate a contract for R-CNG Maintenance Services will be awarded to the consultant whose proposal was deemed the most responsible and responsive to the RFP, demonstrates the greatest technically qualifications, the best value and life cycle costs, experience and skill to complete this project in conformance with intent ofthe RFP, and is in the opinion of City, most advantageous and suitable to meet the City' s specific needs on this.project. The City reserves the right to reject any and all proposals and to negotiate with any responsible, responsive firm. City is under no obligation to issue contracts for the subject services.
IX. NEGOTIATIONS AND ENGAGEMENT
Upon review of the Proposals, the consultant with the highest ranked proposal will be identified and the sealed cost estimate will be opened. Following which; negotiations may begin with said consultant.
The final contract and Scope of Services will be negotiated. Consultants are encouraged to include in their proposal any comments relating to the terms and conditions of City' s standard contract. In addition, Consultants are reminded that any comments regarding the terms and conditions of City' s standard contract must be noted in the proposal. City reserves the right to disqualify any firm that does not provide written comments it has relative to City' s terms and conditions. City does not anticipate making any substantive changes to its terms and conditions.
In the event that contract negotiations are unsuccessful with the consultant submitting the highest-ranked proposal, the City reserves the right to reject the highest- ranked proposal and move to negotiate with the consultant submitting the next highest- ranked proposal. This process may continue until a negotiated contract can be agreed to by both parties to the satisfaction of theCity.
X. CONFLICT OF INTEREST
The selected consultant will not be prevented from participating in future projects to the extent that no direct conflict ofinterest exists at the time. Consultants responsible for a project' s design may not participate in construction management/ construction inspection of the project. The determination of a conflict of interest, direct or incidental, shall be at the sole discretion of City.
M. SCHEDULE FOR CONSULTANT SELECTION
Issue Request for Proposal June 18, 2019
Mandatory Site Walk( Alt# 1) 10: 00 AM, June 27, 2019
Mandatory Site Walk( Alt# 2) 10: 00 AM, July 2, 2019
Written Questions Before 3: 00 PM, July 16, 2019
Proposals Due Before 3: 00 PM, July 23, 2019
Screening and Notice for Interviews August 6, 2019 (tentative) Consultant Interviews August 14, 2019( tentative)
City Council Award September 3, 2019 ( tentative)
Notice to Proceed September 16, 2019 ( tentative)
Dates are subject to change. Schedule updates will be posted on City' s internet website:
http:// www. ci.manteca. ca.us/pwt/engdiy/Srojenp-/contacts. asp Any questions or comments to this RFP shall be submitted, on or before the date& time shown above, in writing to:
Bret Swain, P.E.
Senior Engineer
BSwain@ci. manteca. ca.us
EXHIBIT I
PERFORMANCE REQUIREMENTS SUMMARY( PRS) CHART
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Introduction to CNG Operation & Maintenance
This certifies the successful completion ofthe specialized course offered and conducted byANGl Energy Systems, LLCfor Trillium CNG
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RFP For Maintenance Services
For CNG Station
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July 23, 2019
City of Manteca
Cost Proposal
Trillium City of Manteca
CNG Station Maintenance Services
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A WUNin Company Trillium Response
Trillium Cost Proposal
MONTHLY TURNKEY PRICING
Trillium will provide Turnkey operations and maintenance service to the City' s CNG fueling station for a monthly fee of: $4, 510 per month that includes four hours onsite each week. Though our maintenance practices try to prevent unscheduled and emergency callouts, it is recommended to project and anticipated 96 hours of callouts per year( 8 hours per month).
ADDITIONAL T& M RATES REQUESTED BY THE CITY
TIME& MATERIALS( T& M) PACKAGE— FIVE YEAR AGREEMENT
The terms below are included for additional maintenance services on the BioCNG unit, as well as for any callouts due to negligence( example: someone drive' s off with a CNG nozzleldispenser still attached)
Onsite work will be completed according to the following terms:
Owner will be billed for onsite work according to Trillium' s T& M rates T& M Terms quoted below.
Trillium will seek Owner approval prior to performing any onsite T& M work.
T& M rates are modified annually on January V according to the Consumer Price Index.
Trillium' s regular business hours are Monday thru Friday, 8: 00 AM to 5: 00 PM local time and exclude holidays. Any onsite work performed outside regular business hours will incur a four hour minimum charge.
Additional Work beyond
Additional Work beyond Base
Base Work, but during
Work, but outside regular
Base Labor regular business hours 95
business hours hru Fr
Friday
142. 50
S: OOAM to S: OOPM,
8: OOAM, Mondayy thru ay
Friday)
and on weekends) will be
Monday t
charged a 4 hour minimum
Parts& Consumables
Parts and consumables purchased by Trillium will be billed to Owner as indicated on List o
the right plus 5/ o
Travel
Travel Costs
Should an expert need to' travel to the location of the station, Owner will be billed as Costs indicated on the right plus
15%
Travel Time Travel time will be billed on a
per mile bases as indicated on the right.
0.85 per mile
ATTACHMENT 3
SCHEDULE OF ACTIVITIES
Trillium City of Manteca
CNG Station Maintenance Services
r
As,n.: cwnWW Trillium Response
Preventative Station Maintenance Matrix
Station Maintenance Schedule
Maintenance Activity
Visual site inspection
Monitor/ record station operation
Check equipment fault history
Check for unusual noises and operating conditions
Check skids for gas leaks
Check compressor oil level
Check for oil leaks
Inspection/ replacement of compression system filters
Clean and inspect fast fill dispensers and nozzles
Clean and lubricate breakaway couplings
Check hoses and nozzles
Complete reports
Drain oil from skid recovery stem
Drain condensate pot
Verify ro er function of alarm and ESD system
Inspect lubrications stem and compressor oil
Drain dryer liquid
Drain oil from dispensers
Cycle dryer
Lubricate motors
Lubricate fan bearings
Service air dryer
Change compressor coalescing filter
Change dispenser coalescing filters
Change air compressor oil
Check/ drain storage vessels
Check/ tighten fan belts
Calibrate dew point sensors on dryer
Service gas dryer
Change dryer filters
Check all compressor safety shutdowns
Check ESD operation
Check all station shutdowns
Check dryer safety shutdowns
Test dispenser hoses
Check/ test pressure relief valves
Station safety audit
Trillium City of Manteca
CNG Station Maintenance Services
r VUwbra,,,omg,
Trillium Response
Expanded Compressor Recommended Maintenance
Trillium Maintenance Schedule
Reciprocating Compressor Recommended Maintenance
Maintenance Activity
b
Check Frame Oil Pressure
Check Frame Oil Level
Check Lubricator Block Indicator
Check Packing Vents
Check for Gas Leaks
Check for Oil Leaks
Check Operation Pressures and Temps
Check Lube Oil Level
Check for Abnormal noise
Check for Abnormal Vibration
Check and Confirm Safety Shutdown Function
Change Oil Filter
Change Oil( or as needed)
Check Crankcase for Foreign Material
Check/ Re- Torque Base Bolts
Check/ Replace High Pressure Piston Rings
Check Main Bearing Clearance
Check Crosshead Guide Clearance
Ins ect/ Re lace Valves
Inspect Cylinder Bore
Inspect/ Replace Piston Rings
Inspect/ Replace Piston Rods
Rebuild Cylinder Packing Cases
Inspect/ Re-Ali Inspect/ Re-Alip Coupling
Check/ Record Rod Run Out
Check/ Replace DNFT
Pressure Test Lubricator Distribution Blocks
Check Auxiliary Gears and Chain
Rebuild Oil Wiper Cases
Check Main/ Connect Rod Bearing Clearance
Check Crosshead Guide Clearance
Check Crosshead Pin Busin
Check Piston Ring Groove
Replace Main and Connecting Rod Bearings
Replace Lubricator Distribution Blocks
Replace Crosshead Bushings
ATTACHMENT 4
Insurance Requirements for Most Contracts
Notfor Professional Services or Construction Contracts) INsuRANCE RE.ouiRE.ME.NTS
Contractor shall procure and maintain for the duration ofthe contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance ofthe work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Limits ofInsurance: The Contractor shall maintain limits no less than:
Commercial General LiabilitX
Commercial General Liability Insurance with$ 2, 000,000 minimum limit per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit.
Commercial General Liability Additional Insured Endorsement namingthe followingas additional insure d on 2001 or earlier& sued endorsement 62rmsoreyuivalent City ofManteca,its officers, officials, employees, agents, and volunteers".
Automobile Liability
Ifthe vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with,limits no less than:
Automobile Liability Insurance with$ 1, 000, 000 minimum limit per accident for bodily injury and property damage.
Automobile Liability Additional Insured Endorsement naming the following as additional insured:
City ofManteca, its officers, officials, employees, agents, and volunteers".
Worker' s Compensation
As required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than$ 1, 000,000 per accident for bodily injury or disease.
Professional Liabilitx(Errors and omissions)
Insurance appropriates to the Contractor' s profession, with limit no less than$ 1, 000, 000 per occurrence or claim,$ 2, 000,000 aggregate
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as additional insured' s as respect to: liability arising out of work or operations performed by or on behalf ofthe Contractor including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance( at least as broad as ISO form CG 20 101185 or if not available, through the addition of both CG 20 10 and CG 20 37, or equivalent if a later edition is used).
2. For any claims related to this contract, the Contractor' s insurance coverage shall be primary insurance as respects the City,its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Contractor' s insurance and shall not contribute with it. 05/ 14
3. The applicant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty( 30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received an approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor' s obligation to provide them. The City of Manteca reserves the rightto require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptabilito fInsurers
Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver ofSubrogation
Contractor hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue ofthe payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature ofthe risk, prior events, insurance coverage, or other special circumstances. 05/ 14
DID F77 E' M
CERTIFICATE OF LIABILITY 9'2019YYY1 INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this 2 certificate does not confer rights to the certificate holder in lieu of such endorsement( s). 15
PRODUCER CONTACT C
Aon Risk Services Southwest, Inc.
NAME:
Houston TX Office PHONE A/ C. Ext): ( 866) 283- 7122 aC No ( 800) 363- 0105 M
5555 San Felipe E- MAIL 6
Suite 1500 ADDRESS:
Houston Tx 77056 USA
INSURER( S) AFFORDING COVERAGE NAIC#
INSURED INSURER A: Ironshore Specialty Insurance Company 25445 Trillium USA Company LLC INSURER B: ACE American Insurance Company 22667 PO Box 26210
Oklahoma City OK 73126 USA INSURER C: ACE Fire Underwriters Insurance Co. 20702 INSURER D: Indemnity Insurance Co of North America 43575 INSURERE: National Fire & Marine Ins Co 20079
INSURERF: Westchester Fire Insurance Company 10030
COVERAGES CERTIFICATE NUMBER: 570079277688 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
ADD INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDD/ YYYY MM/ DD/YYYY LIMITS B
X COMMERCIAL GENERAL LIABILITY XSLG EACH OCCURRENCE 1, 000, 000
CLAIMS- MADE X OCCUR
SIR applies per policy terns & conditions
1, 000, 000
PREMISES Ea occurrence
MED EXP( Any one person) Excluded
PERSONAL& ADV INJURY 1, 000, 000 m
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 8, 000, 000 cli
X POLICY JE0 LOC PRODUCTS- COMP/OPAGG 8, 000, 000
0 OTHER: on
B ISA H25287083 12/ 01/ 2019 12/ 01/ 2020 COMBINED SINGLE LIMIT n
AUTOMOBILE LIABILITY 5, OQQ, QOQ
Ea accident
x ANY AUTO BODILY INJURY( Per person) Z
OWNED
SCHEDULED BODILY INJURY( Per accident) d
AUTOS ONLY
AUTOS
PROPERTY DAMAGE V HIREDAUTOS NON- OWNED
ONLY AUTOS ONLY Per accident
61 E
X UMBRELLA LIAB R
42UM030948001 12/ 01/ 2019 12/ 01/ 2020 EACH OCCURRENCE 10, 000, 000 U OCCUR
EXCESS LIAB
SIR applies per policy terns & conditions
AGGREGATE 10, 000, 000
DED I X RETENTION
D WORKERS COMPENSATION AND WLRC66037538 12/ 01/ 2019 12/ 01/ 2020 XPER STATUTE THBEMPLOYERS' LIABILITY Y/ N wLRC66037575 12/ Ol/ 2019 12/ Ol/ 2020 ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT 1, 000, 000 C
OFFICERWEMBEREXCLUDED? N/ A SCFc66037617 12/ 01/ 2019 12/ 01/ 2020 Mandatory in NH) E. L. DISEASE- EA EMPLOYEE 1, 000, 000 If Yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT 1, 000, 000— A Env Site Liab 002568601 12/ 01/ 2018 12/ 01/ 2021 Aggregate 10, 000, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) fti MCS90 and CA9948 are included on the above referenced Automobile Liability policy. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the Auto Liability and General Liability policies. A waiver of IL--" Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the workers Compensation, Auto Liability and General Liability policies. Coverage evidenced herein is Primary and Non- Contributory to other insurance available to an Additional Insured, but only in accordance with the policy' s provisions.
CERTIFICATE HOLDER CANCELLATION t.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF MANTECA AUTHORIZED REPRESENTATIVE
its officers, officials, employees,
agents and volunteers
1001 W. CENTER STREET
MANTECA CA 95337 USA
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD 3 ADDITIONAL INSURED — OWNERS, LESSEES OR
CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION
Named Insured Endorsement Number
Love' s Travel Stops& Country Stores, Inc. 1
Policy Symbol
I
Policy Number Policy Period Effective Date of Endorsement XSL G71233509 12/ 01/ 2019 to 12/ 01/ 2020
Issued By( Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This Endorsement modifies insurance provided under the following:
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization s : Location( s) Of Covered Operations
Any Owner, Lessee or Contractor whom you have agreed All locations where you are performing operations to included as an additional insured under a written for such additional insured pursuant to any such contract, provided such contract was executed prior to written contract. the date of loss.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to include as an additional insured the person( s) or organizations) shown in the Schedule, but only with respect to liability for " bodily injury", " property damage" or personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured( s) at the location( s) designated above.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to" bodily injury" or" property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or XS- 21168a( 04/ 13) Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2
2. That portion of" your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
Authorized Representative
XS- 21168a( 04/ 13) Copyright, Insurance Services Office, Inc., 2012 Page 2 of 2
SCHEDULE OF NAMED INSURED ENDORSEMENT ( WITHOUT JOINT VENTURES EXCLUSION) Named Insured Love' s Travel Stops & Country Stores, Inc. Endorsement Number 55 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G71233509 12/ 01/ 2019 TO 12/ 01/ 2020
Issued By( Name of Insurance Company)
ACE American Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
The Named Insured in the Declarations is amended to read:
12 Timberland, LLC
AlyCo, LLC
Atrium, LLC
Biosphere Fuels, LLC
CarolineCo, LP
FrancieCo, LP
Gemini Holding Company, LLC
Gemini Motor Transport, LP
Love Family Ventures, LLC
Love' s Country Stores of California
Love' s Hospitality LLC
Love' s of Nevada, LLC
Love' s Solutions LLC
Love' s Storage Solutions, LLC
Love' s Travel Stops & Country Stores, Inc.
Love' s Hospitality of CA, LLC
Love' s of Louisiana, L. L. C.
Love' s Real Estate Holding, LLC
Love' s St. Louis Adelaide LLC
Love' s Storage Solutions of CA, LLC
Love' s Truck Solutions, LLC
Mesa Verde Real Estate, LP
Musket Canada Holdings, Inc
Musket Canada, Inc.
Musket Canada, ULC
Musket Corporation
Musket of Texas, Inc.
Musket Refining, LLC
Pronto
Roserock Holdings, LLC
RV Village, Inc.
Speedco, Inc.
TJL Management Company, Inc.
Trillium Transportation Fuels, LLC
Trillium USA Company, LLC
M S 2 0866 ( ) 12/ 17 OChubb. 2016. All rights reserved. Pageg 1 of 2
SCHEDULE OF NAMED INSURED ENDORSEMENT ( WITHOUT JOINT VENTURES EXCLUSION) and any organization
a) over which you or any of your subsidiaries currently maintains any ownership interest provided there is no other similar insurance available to that organization; or
b) over which any of the scheduled entities exercises management control during the policy period; and any organization you newly acquire or form and over which you maintain majority ownership or a minority interest provided:
a) there is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 15 days after the policy period.
As respects newly acquired or formed organizations:
1. Coverage A does not apply to " bodily injury" or " property damage" that occurred before you acquired or formed the organization; and
2. Coverage B does not apply to " personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
MS20866 ( 12/ 17) Chubb. 2016. All rights reserved. Page 2 of 2 3 NON- CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number
Love' s Travel Stops & Country Stores, Inc. 3
Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G71233509 12/ 01/ 2019 to 12/ 01/ 2020
Issued By( Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
Schedule
Organization Additional Insured Endorsement
Any additional insured with whole you have agreed to provide such non- contributory insurance, pursuant to and as required under a written contact executed prior to the date of loss If no information is filled in, the schedule shall read: All persons or entities added as additional insureds through an endorsement with the term Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA:
If other insurance is available to an insured we cover under any of the endorsements listed or described above the " Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is primary ( subject to satisfaction of the " retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your" retained limit" still applies to such loss, and we will only pay the Additional Insured for the " ultimate net loss" in excess of the " retained limit" shown in the Declarations of this policy.
Authorized Representative
XS- 20288a ( 05/ 14) Chubb. 2016. All rights reserved. Page 1 of 1