CITY OF SIMI VALLEY
MEMORANDUM
A
pril 10, 2023
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: REINSTATEMENT AND FIRST AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF SIMI VALLEY AND TRILLIUM USA COMPANY,
LLC FOR THE COMPRESSED NATURAL GAS (CNG) FUELING
UPGRADE, CP960281, SPECIFICATION NO. SV 20 -13R,
FAIN: CA- 2020- 221-00
STAFF RECOMMENDATION
S
taff recommends that the City Council approve the attached reinstatement and f irst amendment to the contract (page 3) between the City of Simi Valley and Trillium USA Company, LLC (Trillium) for the Compressed Natural Gas (CNG) Fueling Upgrade, CP960281, Specification No. SV 20-13R, FAIN: CA-2020-221-00, extending the term to June 30, 2023, adding additional services to the Scope of Work, and increas ing the contract amount by $44,000.00.
BACKGROUND AND OVERVIEW
O
n December 7, 2020, Trillium was awarded a contract in the amount of $1,262,611.73 to upgrade the Compressed Natural Gas (CNG) Fueling facility at the Transit Maintenance Facility. The project included replacing an existing compressor, installing high pr essure storage vessels, upgrading the fuel dispensing system, upgrading the lighting system, repairs to improve safety, functionality, and reliability, and installing a SCADA software system.
A
t the time, another contractor, Natural Gas Systems, Inc. ( NGS), was providing the maintenance of the CNG compressors. However, with completion of the upgrade project, NGS declined renewing their maintenance contract due to their lack of familiarity with the newly installed compressor and software.
FINDINGS AND ALTERNATIVES
T
he Transit CNG fueling facility requires regularly scheduled and, if needed, emergency maintenance. With the withdrawal of NGS, staff met with Trillium to discuss preventive maintenance of the CNG facility. Trillium confirmed that they are able to service the CNG facility, including both compressors, and submitted a maintenance proposal for a short - term period until staff can solicit bids for a new service contract.
T
he contract with Trillium expired on March 31, 2023, and it is proposed that the contract be reinstated. The proposed first contract amendment would extend the term to June 30, 2023, add additional services (preventive and emergency maintenance) to the Scope of Work, and increase the contract amount by $44,000.
AGENDA ITEM NO.
Consent (4)
The following alternatives are available to the City Council:
1. A
pprove the attached reinstatement and first amendment to the contract between the City of Simi Valley and Trillium USA Company, LLC (Trillium) for the Compressed Natural Gas (CNG) Fueling Upgrade, CP960281, Specification No. SV 20-13R, FAIN:
CA-2020-221-00, extending the term to June 30, 2023, adding additional services to the Scope of Work, and increasing the contract amount by $44,000.00;
2. D
o not approve the Reinstatement and First Amendment;
3. Provide staff with further direction.
S
taff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I
move to approve the reinstatement and first amendment to the contract between the City of Simi Valley and Trillium USA Company, LLC for the Compressed Natural Gas Fueling Upgrade, CP960281, Specification No. SV 20- 13R, FAIN: CA -2020-221-00, extending the term to June 30, 2023, adding additional services to the Scope of Work, and increasing the contract amount by $44,000.00.
SUMMARY
T
he Transit CNG fueling facility requires regularly scheduled and, if needed, emergency maintenance. With the withdrawal of the previous maintenance service provider, st aff met with Trillium to discuss preventive maintenance of the CNG facility. Trillium confirmed that they are able to service the CNG facility and submitted a maintenance proposal for a short-term period until staff can solicit bids for a new service contract. The contract with Trillium expired on March 31, 2023, and it is proposed that the contract be reinstated The proposed first amendment would extend the contract term to June 30, 2023, add additional services (preventive and emergency maintenance) to the Scope of Work, and increase the contract amount by $44,000.00. Staff recommends that the City Council approve a contract reinstatement and first amendment with Trillium to provide CNG facility maintenance services.
___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Jasmin Elepano, Senior Management Analyst
INDEX Page
R
einstatement and First Amendment to Contract ............................ 3 Attachment A Original Trillium USA Company, LLC contract ...........9 2 REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT
BETWEEN THE CITY OF SIMI VALLEY AND TRILLIUM USA
COMPANCY, LLC FOR THE FUELING UPGRADE CP960281,
SPECIFICATION NO. SV 20-13R
T
HIS REINSTATMENT AND FIRST AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 10th day of April, 2023, retroactively effective April 1, 2023 (“Effective Date”) by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and Trillium USA Company, LLC, hereinafter referred to as CONTRACTOR, each a “Party” and collectively, “Parties”.
I. R
ecitals
A. C
ITY and CONTRACTOR entered into a written contract ("CONTRACT") executed by the parties on December 7, 2020 for the CNG Fueling S ystem Upgrade, CP960281, Specification No. SV 20- 13R, FAIN: CA -2020-221-00, which is incorporated herein by reference.
B. T
he CONTRACT expired on March 31, 2023 and the Parties now desire to reinstate said CONTRACT retroactively effective April 1, 2023.
C. I
n accordance with paragraph 9 of the CONTRACT, the Parties now desire to amend the CONTRACT to extend the term for a period of three (3) months, add additional Services to the Scope of Work, and increase the not to exceed amount of the CONTRACT BY $44,000.00, as further set forth below.
N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
I
I. Amendment
1. T
he CONTRACT is hereby reinstated in its entirety and retroactively applied as of the Effective Date, April 1, 2023, except as amended herein below.
2. S
ection 2. Term. is being amended as follows:
“
This term of this CONTRACT is extended from the Effective Date to and i ncluding June 30, 2023.”
3 . Section 5. Obligations of the City. is being amended as follows:
“
D. The amount to be paid by CITY to CONTRACTOR for the Services provided for under this First Amendment to Contract (“First Amendment”) shall not exceed $44,00 0.00 (Not-to-Exceed Amount”) unless otherwise agreed to by the Parties In writing.” 4 . Section 6. Obligations of the Contractor. is being amended to read as follows:
3 “D. CONTRACTOR agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein this First Amendment, as Exhibit A-1”
5. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Ben Gonzales
CONTRACTOR Trillium USA Company
2929 Allen Pkwy., Ste. 4100
Houston, TX 77019
Phone: (713) 332-5757
Staff Contact: Guido Struyk
6. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
4 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
__________
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form:
Trillium USA Company, LLC
By:
David L. Caceres, City Attorney
Print Name:
Approved as to Content: Title:
By:
Brian Paul Gabler, City Manager
Print Name:
Title:
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
5 {00177992.DOCX;3}7
Exhibit A-1
Services
Scope of Work & Preventative Maintenance Fees:
Customer will pay Trillium a monthly fixed fee of $2,900 for the Services described in this exhibit (Exhibit A) Trillium will provide a site visit once every two weeks to complete all the tasks as noted in the Preventative Maintenance Services task list below.
Remote Monitoring:
Trillium will provide 24 hour a day, 7 days a week remote monitoring of the owner’s station, which includes the following activities:
o Reviewing all station alarms and resetting remotely when possible, according to manufacturer recommendations. o Notifying station contact immediately when station is inoperable or wi thin a day, if station is still operable, but requires maintenance.
o Responding to customer questions regarding station and dispenser operation.
PREVENTATIVE MAINTENANCE SERVICES
Activity Equipment Frequency
Complete Site Visit Reports Station Biweekly
Visual Site Inspection Station Biweekly
Check Fittings for Gas Leaks Station Biweekly
Monitor/Record Station Operating Parameters Station Biweekly Check Equipment Fault History Station Biweekly
Service Air Dryer Air Compressor Quarterly
Check Frame Oil Pressure Compressor Biweekly
Check Frame Oil Level Compressor Biweekly
Check Lubricator Block Indicator Compressor Biweekly
Check Packing Vents Compressor Biweekly
Check for Gas Leaks Compressor Biweekly
Check for Oil Leaks Compressor Biweekly
Check Operating Pressures and Temps Compressor Biweekly Check Lube Oil Level Compressor Biweekly
Check for Abnormal Noise Compressor Biweekly
Check for Abnormal Vibration Compressor Biweekly
Check and Confirm Safety Shutdown Function Compressor Biweekly Lubricate Motors Compressor Monthly
Lubricate Fan Bearings Compressor Monthly
Check Dispensers for Gas Leaks (fast fill if applicable) Dispensers Biweekly Check Hoses and Nozzles Dispensers Biweekly
Drain Oil From Dispensers Dispensers Biweekly
Check Dryer Dryer Biweekly
Drain Dryer Liquid Dryer Biweekly
6 {00177992.DOCX;3}8
Exhibit B
*Trillium will coordinate with a 3rd party for the annual generator inspection and load bank test. This will be billed in accordance with the prices listed in Exhibit C.
SITE(S)
SITE ADDRESS: 490 West Los Angeles Ave, Simi Valley, CA 93065
SYSTEM
COMPONENT EQUIPMENT
Compressors SULZER Skid A, Greenfield
Gas Dryer 1 Gas Dryer
Controls & Networking ESD Button/Valve & FX, ANGI Motor Starter Panel, Master Control Panel, Remote Communication Panel Dispensers 20 Single hose K‐Rail Slow‐fill Despenser Posts, 1 ANGI 2‐Hose Fast Fill Dispenser Storage 3 CP Industries Storage Vessels (Base), 3 CP Industries Storage Vessels (Alternate) Electrical Gear ANGI Priority Valve Panel, Defueling Panel, Electrical Switchboard, Generator Caterpiller D150‐10 150Kw
7 {00177992.DOCX;3}9
Exhibit C
SERVICE RATES – TRILLIUM OPERATIONS
Description Rate
Base Labor (Per Mechanic, Hourly) $130.00
Overtime Labor (Per Mechanic, Hourly) $195.00
Parts and Consumables List Plus 10%
Travel $1.25 per Mile
SERVICE RATES – NON‐OPERATIONS TRILLIUM EXPERT
Description Rate
Should a Non‐Operations’ Trillium expert need to perform work, outside the preventative maintenance services
outlined in this agreement, Owner will be billed as
indicated on the right.
Base Labor (Per Expert, Hourly) $250.00
Overtime Labor (Per Expert, Hourly) $300.00
Parts List Plus 10%
Travel and/or Room & Board Cost Plus 15%
SERVICE RATES – THIRD‐PARTY VENDORS
Description Rate
Should Trillium have to use a third‐party vendor to provide work and/or consumables at the Owner's station, outside the preventative maintenance services outlined in this
agreement, Owner will be billed as indicated on the right.
Labor (Base & Overtime) Cost Plus 15%
Parts Cost Plus 15%
Travel Travel and/or Room & Board at cost
ADDITIONAL SERVICES
Base Labor is work and travel performed during regular business hours defined as Monday through Friday, 8:00 AM to 5:00 PM local time, and excludes holidays
Overtime Labor is work and travel performed outside of regular business hours Work performed outside regular business hours will incur a four‐hou r minimum charge and will be billed at Overtime Labor rates Additional Services include, but are not limited to the following:
o Emergency call‐outs and labor/repair service(s) that arise as a result of impaired station performance o Equipment or station repairs not included in the Preventative Maintenance task identified above, including ru n time‐ based service, equipment overhauls, and customer caused repairs (i.e. drive‐offs) o All parts, materials and consumables used while performing Preventative Maintenance or Additional Services (Any customer supplied parts, materials and consumables will not be billed.) o Dryer regeneration, as needed
o Annual odorizer service, where applicable
o Any Landscaping, sn
ow removal, or trash removal services, as requested
Waste oil and Dryer Effluent will be disposed of by Customer
8 ATTACHMENT A
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45