TRAN2331.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
A
ugust 28, 2023
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT FOR MAINTENANCE SERVICES OF THE
COMPRESSED NATURAL GAS FUELING FACILITY AND ANCILLARY
EQUIPMENT, SPECIFICATION NO. SV 23 -29 AND AUTHORIZE THE
CITY MANAGER TO APPROVE ANY SUBSEQUENT CONTRACT
AMENDMENTS
STAFF RECOMMENDATION
It i
s recommended that the City Council:
1. Aw
ard the attached contract (page 4) to Clean Energy in the not-to-exceed amount of $459,508 for maintenance services of the C ompressed Natural Gas Fueling Facility Ancillary Equipment, Specification No. SV 23-29; and,
2. A
uthorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to grant up to two (2) one-year extensions.
BACKGROUND AND OVERVIEW
The
Compressed Natural Gas (CNG) Fueling Facility at the Simi Valley Transit (SVT) yard operates 24 hours per day to provide CNG fueling needs for the City’s buses and paratransit vehicles. Continuous periodic maintenance services and repairs are necessary to ensure the fueling facility and the ancillary equipment function at their intended efficiency. The existing maintenance contract will expire on September 1, 2023, and the City is in need of a new service contract.
FINDINGS AND ALTERNATIVES
On
May 22, 2023 , staff solicited bids for a three year contract for the maintenance services of the CNG facility and ancillary equipment . A Notice Inviting Bid s (NIB) was published in the Ventura County Star and posted on the City’s website. P lans and specifications were made available at the Public Works counter , and sent to plan rooms and contractors.
AGENDA ITEM NO.
Consent (4)
TRAN2331.SR.JD
On June 12, 2023, two bids were received, with the following results:
CONTRACTOR BID
Clean Energy, Newport Beach, CA $459,508
Trillium USA Company, LLC, Houston, TX $510,016
The low bid submitted by Clean Energy was reviewed by staff and was deemed responsive. Clean Energy has over 26 years of CNG fueling station maintenance services experience. Clean Energy has successfully assumed the operation of other CNG stations, such as those owned by LA Metro, Washington Metropolitan Area Transit Authority, and Gold Coast Transit. Clean Energy’s local technicians are trained and certified and are within 30 minutes of driving distance from the SVT yard. In addition, the business references provided by Clean Energy demonstrate its long-term commitment to CNG maintenance services.
Considering all of the above, Clean Energy possesses the necessary qualifications and experience for the project and is a responsible bidder.
The new contract, effective September 1, 2023, will cover a three-year term (Initial Term) with two (2), one (1) year renewal options. The scope of work includes preventive maintenance of two (2) CNG compressors, regular monitoring and maintenance of the CNG fueling facility, and all ancillary equipment. The contract’s not-to-exceed amount for the Initial Term is $459,508, averaging $153,169 per year, which is included in the existing FY2023-24 Budget.
The following alternatives are available to the City Council:
1. Award the attached contract (page 4) to Clean Energy in the not-to-exceed amount of $459,508 for maintenance services of the Compressed Natural Gas Fueling Facility Ancillary Equipment, Specification No. SV 23-29;
2. Authorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to grant up to two (2) one-year extensions;
3. Provide staff with other direction.
Staff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move to award a contract to Clean Energy of $459,508 for maintenance services of the CNG fueling facility and ancillary equipm ent, Specification No. SV 23 -29 and authorize the City Manager to approve subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to grant up to two (2) one-year extensions. 2 TRAN2331.SR.JD
SUMMARY
On May 22, 2023, staff initiated soliciting bids for the maintenance services of the CNG fueling facility and ancillary equipment . Two bids were received, and Clean Energy submitted the lowest responsive and responsible bid of $459,508. Staff recommends that the City Council award a contract to Clean Energy to service the CNG facility and the ancillary equipment and authorize the City Manager to approve subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to grant up to two (2) one-year extensions..
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Tan Koehler, Management Analyst
INDEX Page
Contract ............................................................................................ 4 3 TRAN2331.CON.FINAL.JD
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
CLEAN ENERGY FOR MAINTENANCE SERVICES OF THE
COMPRESSED NATURAL GAS FUELING FACILITY AND
ANCILLARY EQUIPMENT, SPECIFICATION NO. SV 23-29
THIS CONTRACT is made and entered into in the City of Simi Valley on this 1st day of September 2023, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and Clean Energy, a California corporation, hereinafter referred to as CONTRACTOR.
RECITALS
WHEREAS, on May 23, 2023 , CITY invited bids for the Maintenance Services for the Compressed Natural Gas (CNG) fueling facility and ancillary equipment per Specification No. SV 23-29; and
WHEREAS, pursuant to the bid invitation, CONTRACTOR submitted a bid which was accepted by CITY for the said project.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT shall be for three (3) years, from September 1, 2023 to August 31 , 2026. C ITY may, at its sole discretion, renew the CONTRACT for two (2) additional one(1)-year renewal terms. The CITY shall notify CONTRACTOR of its intent to exercise said option by advising CONTRACTOR in writing on or before sixty (60) days prior to CONTRACT expiration date.
3. Description of Supplies, Equipment, Materials, or Services. This CONTRACT is for maintenance services of the CNG fueling facility and ancillary equipment. Contractor agrees to perform the services more specifically set forth in the “Bid Specifications” attached hereto and incorporated herein as Exhibit “A”.
4. Compensation and Payment.
A. The CITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices bid by CONTRACTOR, multiplied by the actual CITY authorized quantities received and accepted by CITY as contained in the (Summary Bid Submission Form or other pricing as appropriate) attached hereto and incorporated herein as Exhibit “B”.
4 TRAN2331.CON.FINAL.JD
B. The total compensation payable to CONTRACTOR by CITY for services under this CONTRACT shall not exceed the sum of $459,508 (the “Not- To-Exceed Amount”) for the initial term, and shall be earned as the work is completed. Payment will be made based on the rates contained as set forth in Exhibit “B” attached hereto and incorporated herein. CONTRACTOR acknowledges that CONTRACTOR is not guaranteed to receive the Not-To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT unless otherwise agreed to by the parties in writing. The CONTRACTOR shall notify the CITY of its intent to adjust rates for any contract extensions or renewal options in writin g on or before sixty (60) days prior to CONTRACT expiration date. Upon approval from the CITY, u nit prices for the Fixed Monthly Charge, Annual Manufacturer Recommended Preventative Maintenance charge, and Fixed hourly rate for callouts from the CITY shall be adjusted in accordance with the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles, Long Beach, Anaheim, CA areas for the previous 12-month period (September 1
st to August 31), but shall not exceed three (3) percent.
C. After CONTRACTOR has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONTRACTOR based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not -to- Exceed Amount unless otherwise agreed to by the parties in writing.
D. Payments to the CONTRACTOR shall be made within 30 days after receipt of an original invoice from the CONTRACTOR and acceptance of the parts and/or services by CITY”.
5. CONTRACTOR Representations and Obligations.
A. CONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CONTRACTOR shall indemnify, defend, and hol d CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CONTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
5 TRAN2331.CON.FINAL.JD
E. The CONTRACTOR shall keep a tally of the cost for the work ordered by CITY. The CONTRACTOR shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.
F. Prevailing wage: The CONTRACTOR shall comply with all applicable California laws related to prevailing wage, including but not limited to California Labor Code 1720 et seq. and all other California prevailing wage laws and regulations, and all requirements, regulations or decisions of the California Department of Industrial Relations (DIR) related thereto. CONTRACTOR further stipulates to follow all requirements and pay any penalties due, if any, under Section 1813 of the California Labor Code.
CONTRACTOR and all Subcontractors must be registered
and remain registered with the Department of Industrial Relations (DIR) throughout the term of the CONTRACT in accordance with the California Labor Code (“Labor Code”), in particular Labor Code Section 1771.1, and any successor or replacement provision thereto. CONTRACTOR further agrees that it will follow all requirements and obligations set forth in Labor Code Section 1776.
6. Audit.
A. At any time during normal business hours and as often as the CITY may deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least three (3) years after termination or final payment under this CONTRACT. This paragraph shall survive for three (3) years after termination of this CONTRACT.
B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR.
7. Hold Harmless and Indemnification
. CONTRACTOR shall defend,
indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/ liability insurance policies and endorsements of the CONTRACTOR. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. Notwithstanding anything to the contrary, neither CITY nor CONTRACTOR shall have any liability to the other for any 6 TRAN2331.CON.FINAL.JD
special, consequential, or incidental damages, except in connection with a claim made against CONTRACTOR by a third party, provided that such claim is within the scope of the indemnity obligations of CONTRACTOR under this CONTRACT. This paragraph shall survive the termination of this CONTRACT.
8. Amendments. Any amendments, modifications, or variations from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the CITY and CONTRACTOR.
9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
10. Termination. If, during the term of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written n otice to CONTRACTOR. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. Notwithstanding anything to the contrary, if CONTRACTOR is prevented from or delayed in performing its duties under this CONTRACT due to an excusable reason as that term is set forth in Section 11 of Exhibit D, then CONTRACTOR shall be excused from performance hereunder to the extent provided by Section 11 of Exhibit D . For Convenience: CITY may terminate this contract, in whole or in part, at any time by written notice to the CONTRACTOR when it is in the Government's best interest. The CITY shall be liable to the CONTRACTOR only for those fees accrued by the CONTRACTOR to the date CONTRACTOR receives the notice of termination. In such event, CONTRACTOR shall be entitled to the reasonable value of its services. In no event, however, shall CONTRACTOR be entitled to receive in excess of the CONTRACT amount.
11. Complete CONTRACT . This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically 7 TRAN2331.CON.FINAL.JD
incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto. The order of precedence among the documents shall be a) Exhibit D; b) this CONTRACT; and e) Exhibits A, B, and C, from highest to lowest precedence.
12. Time of Performance
. Time is of the essence in this CONTRACT.
13. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens her eunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void.
14. Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party.
15. Insurance. CONTRACTOR shall, at CONTRACTOR’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.
CONTRACTOR shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.
16. Third-Party Contract Clauses . As the maintenance of the CNG Fueling Facility and Ancillary Equipment will be financed by funds from the Federal Transit Administration, CONTRACTOR is required to comply with the Third -Party Contract clauses, attached hereto and incorporated herein as Exhibit “D”, as well as any required federal forms necessary as set forth in SPECIFICATION NO. SV 23 -29 or federal requirements.
17. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
18. Non-Appropriation of Funds . Payments due and payable to CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
19. Taxpayer Identification Number . CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
20. Permits and Licenses . CONTRACTOR, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate 8 TRAN2331.CON.FINAL.JD
permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
21. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
22. Statement of Experience . CONTRACTOR warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONTRACTOR also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONTRACTOR’S professed expertise and experience in performing such Services. In addition, CONTRACTOR understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONTRACTOR pursuant to this CONTRACT. As a consequence, CONTRACTOR waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONTRACTOR pursuant to this CONTRACT.
23. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
CITY Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Ronald K. Fuchiwaki
CONTRACTOR
Clean Energy
4675 MacArthur Court, Suite 800
Newport Beach, CA 92660
Attn: Robert M. Vreeland
Attn: Deputy General Counsel
9 TRAN2331.CON.FINAL.JD
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: Clean Energy
By:
David L. Caceres, City Attorney
Print Name: Robert M. Vreeland
Approved as to Content: Title: Chief Financial Officer
By:
Brian Paul Gabler, City Manager
Print Name: Mitchell W. Pratt
Title: Chief Operating Officer
Johanna Medrano
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
10 TRAN2331.CON.FINAL.JD
EXHIBIT A
BID SPECIFICATIONS
MAINTENANCE SERVICES OF THE COMPRESSED NATURAL GAS FUELING FACILITY AND ANCILLARY EQUIPMENT, SPECIFICATION NO. SV 23-29
SUMMARY OF SPECIFICATIONS
The City of Simi Valley (CITY), Department of Public Works /Transit, is seeking bids for the Maintenance Services of Compressed Natural Gas Fueling Facility and Ancillary Equipment. These specifications include: 1) preventive maintenance of two (2) Compressed Natural Gas (CNG) compressors; 2) regular monitoring and maintenance of the CNG fueling facility; and 3) regular monitoring and maintenance of any and all ancillary equipment. A detailed description of the scope of work can be found in the succeeding sections. The CITY prefers that the maintenance services provided by the prospective vendor are manufacturer recommended. Further, the CITY desires to enter into a three (3) year agreement, with an option to renew two (2) one (1) year terms.
The CNG fueling facility is located at the Simi Valley Transit (SVT) yard, located at 490 West Los Angeles Avenue, Simi Valley, CA 93065. T he CNG facility is operational 24-hours per day and provides time fill CNG fueling for the SVT internal fleet of vehicles.
GENERAL INFORMATION AND REQUIREMENTS
A. CONTRACTOR shall provide all m aterials and labor f or the m anufacturer recommended annual preventive maintenance and any additional repairs as needed during the regular monitoring of two (2) CNG com pressors and ensure each compressor is functional at the completion of the major maintenance.
B. CONTRACTOR shall provide regular monitoring and maintenance of the CNG fueling facility and ancillary equipment.
C. CONTRACTOR shall ensure th at one (1) of the two (2) com pressors remains operational at all times to meet SVT’s operational needs. During the progress of the work, should a com pressor shut down due to m echanical f ailure, CONTRACTOR shall w ork continuously and as long as necessary to return th e co mpressor to operation.
D. On ly CONTRACTORS with a minimum of five (5) years’ experience in the field, have the relevant licensing, certification, and training of C NG Co mpressor repair/maintenance will be considered.
E. All parts used must be new or refurbished parts for Greenfield/Sulzer for Compressor A and Ariel JGP/2 for Compressor B as verified and approved by CITY.
PROJECT GOALS AND OBJECTIVES
The intent/purpose of the project is for the CONTRACTOR to complete the manufacturer recommended annual preventive m aintenance of SVT Greenfield for Compressor A and Ariel JGP/2 for Compressor B and to provide regular monitoring and maintenance of 11 TRAN2331.CON.FINAL.JD
the CNG fueling facility and ancillary equipment.
All maintenance work to both CNG compressors must be performed with no negative or adverse impact to the facility’s normal business operations including existing vehicle fueling operations. T he CNG com pressors maintenance work must have minimum impact on surrounding neighbors and property relative to safety hazards, noise, liquid waste, and odors.
DESCRIPTION OF THE CNG FUELING FACILITY AND EQUIPMENT
A. Compressor System
1. Compressor A is a Greenfield/Sulzer compressor, m anufactured by Atlas/Copco. Model C3U 209-54930, three-stage 260 scfm @ 100 psi suctio n pressure, 3600 psig discharge, 100 HP electric motor, air cooled, and blowdown tank.
2. Compressor B is an Ariel JGP/2, 4-Stage Reciprocating Compressor, 296 SCFM capacity @ 105 PSIG, 4,500 PSIG Discharge, 100 BHP, 480 VAC, with 1,800 RPM TEFC Electric Motor.
3. Re
lated skid-mounted equipment includes 200 psig blowdown recovery system, discharge coalescer filter s, suction f ilter, suction pulsation bottle, discharge pulsation bottle, and integrated interstage/aftercooler, fan section, and all related tubing, and piping.
4. T he two (2) motor control panels, which are next to the compressor skids, house the motor starter/controllers, programmable logic controllers, ESD controllers, modems, timers, and electronic temperature compensation systems.
B. Ga s Dryer
1. XEBEC Adsorption USA, Model STR24NGX-2S-150A-480, Single Vessel Desiccant Dryer.
2. Suction side, single tower, heat regenerative system.
3. In cludes bypass capability for off-line servicing, and dew point detector.
C. T ime-Fill System
1. PLC based electronic temperature compensation system f or 3600- psig fills temperature compensated to 70 degrees F.
2. 25 single bank hose post assemblies for time-fill fueling.
3. All hoses equipped with NGV-1, Type 2 nozzles, 3600 psi.
12 TRAN2331.CON.FINAL.JD
D. Controls & Networking
ESD Button/Valve & FX, ANGI Motor Starter Panel, Master Control Panel, Remote Communication Panel.
E. Dispensers
25 Single hose K-Rail Slow-fill Posts, two (2) ANGI 2-Hose Fast Fill Dispenser.
F. Storage
Three (3) CP Industries Storage Vessels (Base), three (3) CP Industries Storage Vessels (Alternate).
G. Electrical Gear
ANGI Priority Valve Panel, Defueling Panel, Electrical Switchboard.
H. Additional Information
1. Three (3) position ESD system, including one (1) located next to the electric generator and two (2) on the exteri or wall of the v ehicle maintenance building across from time-fill NGV parking area.
2. As of April 20, 2023, Compressor A has an estimated total of 25,000 cumulative hours and Compressor B has a total of 519 cumulative hours.
REMOTE MONITORING
A. 24 hours, 7 days a week monitoring
1. Remote monitoring of the station with existing software and hardware for Compressor B, and Compressor A once compressor is upgraded.
2. Review all station alarms and reset remotely, if possible, according to manufacturer recommendations.
3. Notify station contact immediately when station is inoperable, or within a day, if station is still operable but requires maintenance.
13 TRAN2331.CON.FINAL.JD
PROFESSIONAL BI-WEEKLY MONITORING AND MAINTENANCE SCOPE OF WORK
REQUIREMENTS
B. Initial maintenance shall be conducted within one (1) week of Contract Execution by CONTRACTOR and shall consist of a full analysis and inspection of the units with SVT and CITY Maintenance representatives. Any concerns or issues shall be brought to the attention to CITY.
C. Bi-Weekly Professional Monitoring and Maintenance Service
1. Upon arrival, sign in with the Transit Secretary and submit any necessary paperwork.
2. Check for oil leaks.
3. Check oil levels in crankcase and supply and add oil as needed.
4. Check for oil discoloration.
5. Drain oil from dispensers and disposal of oil.
6. Check and, if necessary, drain discharge coalescer filters.
7. Check frame oil level and pressure.
8. Check both compressors for leaks.
9. Check start-up & shut-down pressure of each compressor.
10. Check and record run hours of each compressor.
11. Complete service log for each compressor, making applicable recommendations/comments. Record findings in log book for each compressor.
12. Perform visual inspection of overall system, including drive belts, hoses, hose retractors and hose nozzles.
13. Check condition of each refueling hose and nozzle. Replace if necessary.
14. Check and confirm safety shut down function.
15. Check equipment fault history.
16. Check lubricator block indicator.
17. Check operating pressures and temperatures. Record all pressures and temperatures while machines are running.
18. Check oil and condensation from blowdown vessel.
19. Drain blowdown tank.
20. Drain discharge coalescing filters.
21. Check vehicle fill pressures.
22. Check cooler fins for dirt and/or blockage. Clean if necessary.
23. Check oil and condensation from discharge pulsation bottles. Drain if necessary.
24. Drain mechanical seal bottles/check leak rate.
25. Check fittings and dispensers for gas leaks (fast fill if applicable).
26. Check for abnormal noise and vibration.
27. Check and service dryer.
28. Drain dryer liquid.
29. Lubricate motors and fan bearings.
27. Check packing vents.
28. Monitor/record station-operating parameters.
29. Maintain a written log of at least the following information: m eter 14 TRAN2331.CON.FINAL.JD
hours; inlet gas pressure; interstage and discharge operating pressures; blowdown vessel pressure; ambient temperature; vehicle- fill and reference pressures for one semi fast-fill hose (time-fill hose modified with valve for fast-fill) and twenty-five (25) time-fill hoses.
30. Completed additional services that may be required on a monthly, quarterly, and annual basis as listed per the manufacturers’ specifications and/or as listed in this specification.
D. M onthly Professional Monitoring and Maintenance Service – Additional Tasks.
Listed below are services to be performed monthly. These services are in addition to the services listed above.
1. Check drive belt tension on each compressor and adjust if necessary.
2. Check suction particulate filters.
3. Check particulate filters at discharge.
4. Perform detailed visual inspection f or cracks and leaks at all tube fittings, joints, unions, and dispenser hoses.
5. Maintain a wri tten log of at least the f ollowing information: Load voltage; discharge psig f or all stages; suction operating t emperature at all stag es; discharge operating temperature at all stages, discharge temperatures; compressor oil pressure (operating minus suction equals effective psi); captive receiver pressure (standby minus operating equals pressure rise); compressor oil t emperature (temp into cooler, t emp out of cooler, t emp com pressor crankcase); compressor switch settings: 1) hardwire shut-downs (high discharge pressure, high suction pressure, low suction pressure, high discharge t emperature); 2) PLC shut- downs (high suction pressure, low suction pressure, high discharge t emperature); and 3) P LC controls (compressor start pressure, compressor stop pressure).
6. Verification of the f ull functionality of the compressor shut down notification syst em.
E. T hird M onth of Professional M onitoring and M aintenance Service – Additional Tasks.
Listed below are services to be performed in the third month of the contract.
These services are in addition to
the services listed above.
1. Check the operation of the “breakaways” at the dispenser. Inspect and lubricate quick disconnects.
2. Check the set points and operation of all pressure and temperature switches.
3. Check belt tension.
4. Tighten compressor skid bolts.
5. Check 480-volt terminals in the MCC.
6. Inspect inlet filters.
7. Tighten valve drive mechanism screws.
15 TRAN2331.CON.FINAL.JD
8. Check vehicle priority valve set pressure.
9. Check operation of ESD valves.
10. Check operation of pneumatic actuators.
F. Sixth M onth of Professional M onitoring and M aintenance Service – Additional Tasks.
Listed below are services to be performed in the sixth month of the contract.
These services are in addition to the services listed above.
1. Test all shutdown switches and systems.
2. Test all dispenser hoses for electrical continuity and inspect time-fill “breakaway” assemblies.
3. Tighten compressor skid bolts.
4. Tighten valve drive mechanism screws.
5. Verify temperature-compensated vehicle fill pressure.
6. Check operation of pneumatic actuators.
7. Steam clean/power wash compressor area, removing oil residue, if necessary.
G. Ni nth M onth of Professional M onitoring and M aintenance Service – Additional Tasks.
Listed below are services to be performed in the ninth month of the contract.
These services are in addition to
the services listed above.
1. Check safety valves at compressor stations and dryer.
2. Check condition and tension of V-belts.
3. Grease drive motors.
4. Replace suction filter elements.
5. Replace interstage and discharge separator elements.
H. Tw elfth Month of Professional Monitoring and Maintenance Service – Additional Tasks.
Listed below are services to be performed in the twelfth month of the contract.
These services are in addition to
the services listed above.
1. Change compressor oil and filter.
2. Check piston ring wear (oil rise in cylinders).
3. Clean oil reservoir and oil strainer.
4. Check suction and discharge filters.
5. Grease motor drive.
6. Check compressor valves and replace inner parts, as necessary.
7. Check and replace dryer filter elements.
8. Recalibrate dryer moisture probes.
16 TRAN2331.CON.FINAL.JD
ANNUAL MANUFACTURER RECOMMENDED PREVENTIVE MAINTENANCE OF TWO (2) CNG COMPRESSORS (1. GREENFIELD/SULZER, AND 2. ARIAL JGP/2)
Annual manufacturer preventive maintenance must be performed by Contractor in September of each calendar year.
A. Upon arrival at SVT, sign in with the Transit Secretary.
B. Contractor w ork on the compressors, w hich consist of a Greenfield/Sulzer Compressor and an Ariel JGP/2 Compressor. Compressor, shall include, but not be limited to the following:
1. Replace all concentric valves in each of the stages on both compr essors.
2. Replace all gaskets on both compressors.
3. Replace all filters and filter elements on both compressors.
4. Replace all drive belts on both compressors.
5. Change oil on both compressors.
6. Site cleanup and debris removal.
7. Removal and disposal of all waste and liquids accumulated during the project.
8. Complete service log for each compressor, making applicable recommendations/comments.
9. Before leaving the f acility, sign out and leave all paperwork w ith the T ransit Secretary.
PERFORMANCE TESTING
SVT will provide CNG vehicles for test filling purposes at the com pletion of the annual manufacturer recommended preventive m aintenance. Any equipment failures or safety incidents that may occur during this period will be the sole responsibility of the CONTRACTOR.
SVT’s SAFETY RULES & SAFETY EQUIPMENT
The CONTRACTOR must observe and obey all safety rules and regulations prescribed by CAL-OSHA.
UNSCHEDULED CALL-OUTS FOR SERVICE
The CONTRACTOR will respond by phone to all calls for service within one (1) hour during normal working hours (8:00 a.m. – 5:00 p.m.) and within three (3) hours, after hours, weekends, and holidays. CITY will not consider premium pay for call-outs or other service calls.
STATION HOSE REPLACEMENTS SCOPE OF WORK
The CONTRACTOR shall replace a total of 26 hoses as needed for wear and tear. The description of the hose is as follows: Seventeen (17) feet, FP 0.250 inches NGV1 T2 P36, and snap tight with no retractor.
17 TRAN2331.CON.FINAL.JD
CITY RESPONSIBILITY
CITY will provide the following specific services in support of the project:
A. CITY will reserve the right to approve and inspect all vendor equipment and parts selected by the CONTRACTOR.
B. CITY will w ork with CONTRACTOR to coordinate and approve CONTRACTOR work schedule for performing professional maintenance services.
FIXED PRICING
This contract includes fixed pricing as follows:
A. Fixed monthly and annual maintenance price.
B. Fixed hourly billing rate for unexpected repairs (premium rates do not apply).
C. Parts and Materials billed at list price less a 10% discount. This does not include compressor oil, which will be supplied and disposed of by Clean Energy as part of Fixed Monthly Charge.
D. Fixed annual preventive maintenance labor total.
18 TRAN2331.CON.FINAL.JD
EXHIBIT B
PRICING SCHEDULE
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
CLEAN ENERGY FOR MAINTENANCE SERVICES OF THE
COMPRESSED NATURAL GAS FUELING FACILITY AND
ANCILLARY EQUIPMENT, SPECIFICATION NO. SV 23-29
19 TRAN2331.CON.FINAL.JD
20 TRAN2331.CON.FINAL.JD
EXHIBIT “C”
INSURANCE REQUIREMENTS
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
CLEAN ENERGY FOR MAINTENANCE SERVICES OF THE
COMPRESSED NATURAL GAS FUELING FACILITY AND
ANCILLARY EQUIPMENT, SPECIFICATION NO. SV 23-29
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance 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. Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code, which require every employer to be insured against liability for Workers' Compensation.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
5. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well 21 TRAN2331.CON.FINAL.JD
as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
- The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Simi Valley, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or 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 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this project/contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Simi Valley, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation, which any insurer of said Contractor may acquire against City by virtue of the 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 City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
22 TRAN2331.CON.FINAL.JD
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 23 TRAN2331.CON.FINAL.JD
EXHIBIT “D”
REQUIRED FTA THIRD PARTY CONTRACT
CLAUSES
CONTRACT BETWEEN T HE CITY OF SIMI VALLEY AND
CLEAN ENERGY FOR MAINTENANCE SERVICES OF THE
COMPRESSED NATURAL GAS FUELING FACILITY AND
ANCILLARY EQUIPMENT, SPECIFICATION NO. SV 23-29
This project will be financed by funds from the Federal Transit Administration (FTA).
Accordingly, the following third- party contract clauses are applicable to all contracts.
Federal requirements apply to this contract and if those requirements change then the most recent requirements shall apply to the project as required.
By signing and submitting the Summary Bid Submission form with BID, BIDDER certifies that they have read, understand and will comply with the Federal contract requirements identified below.
1. Fly America Requirements:
a) Definitions. As used in this clause—
1) “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
2) “United States” means the 50 States, the District of Columbia, and outlying areas.
3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C.
Chapter 411.
b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencies , and others use U.S. -flag air carriers for U.S.
Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign- flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign- flag air carrier if a U.S. -flag air carrier is available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S. -flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
24 TRAN2331.CON.FINAL.JD
Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.- flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.
2. Energy Conservation:
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).
3. Clean Air Act and Federal Water Pollution Control Act:
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:
Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
25 TRAN2331.CON.FINAL.JD
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
4. Restrictions on Lobbying:
Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section.
(c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.
(d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
Certification a
nd disclosure.
(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:
(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or
(2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.
26 TRAN2331.CON.FINAL.JD
(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:
(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or
(2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000,
Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section.
(c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or,
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section:
(1) A subcontract exceeding $100,000 at any tier under a Federal contract;
(2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or,
(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement,
Shall file a certification, and a disclosure form, if required, to the next tier above.
(e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency.
(f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All 27 TRAN2331.CON.FINAL.JD
liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required
certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S. Code.
(g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, c overing activities occurring between December 23, 1989, and the date of award or commitment.
However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days.
(h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.
5. Access to Records and Reports:
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract in accordance with 2 CFR § 200.337.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.
6. Federal Changes:
The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the grant agreements between the City of Simi Valley and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Failure by the Contractor to so comply shall constitute a material breach of this Contract. 28 TRAN2331.CON.FINAL.JD
7. Davis-Bacon and Copeland Anti-Kickback Acts
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti - Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis -Bacon Act, 40 U.S.C. §§ 3141- 3144, and 3146- 3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
8. Contract Work Hours and Safety Standards Act
a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the workweek.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:
29 TRAN2331.CON.FINAL.JD
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontr acts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
9. No Government Obligation to Third Parties:
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
30 TRAN2331.CON.FINAL.JD
10. Program Fraud and False and Fraudulent Statements and Related Acts:
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deem s appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
11. Termination:
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs.
Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, 31 TRAN2331.CON.FINAL.JD
events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor.
Any such termination for default shall not, in any way, operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
12. Debarment and Suspension:
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined, by the AGENCY, that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the 32 TRAN2331.CON.FINAL.JD
Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
13. Civil Rights Laws and Regulations:
The following Federal Civil Rights laws and regulations apply to all contracts.
1. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:
a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits disc rimination in employment or business opportunity.
b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.
2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.
3. Nondiscrimination on the Basis of Age . The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.
4. Federal Protections for Individuals with Disabilities . The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.
33 TRAN2331.CON.FINAL.JD
Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. \
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 34 TRAN2331.CON.FINAL.JD
5. Promoting Free Speech and Religious Liberty . The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
14. Violation and Breach of Contract
Disputes:
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency.
This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute:
Unless otherwise directed by the agencies authorized representative, contractor shall continue performance under this contract while matters in dispute are being resolved.
Claims for Damages:
Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
Remedies:
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located.
Rights and Remedies:
Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
15. Disadvantaged Business Enterprises (DBEs):
It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.
35 TRAN2331.CON.FINAL.JD
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. §
26.13(b).
P
rime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).
F
inally, for contracts with defined DBE contract goals, each FTA Recipient must include in each prime contract a provision stating that the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).
16. Incorporation of Federal Transit Administration (FTA) Terms:
The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
17. Prompt Payment:
The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.
T
he Contractor must promptly notify the Agency, whenever a DBE subcon tractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and 36 TRAN2331.CON.FINAL.JD
perform that work through its own forces or those of an affiliate without prior written consent of the Agency.
18. Americans with Disabilities Act (ADA):
The Contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act.
In addition, the Contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, an y subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.
37