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HomeMy WebLinkAboutC35030A & C - PD Cvc Ctr Electric Vehicle Charging StationContract No. C35030A X-M CITY OF PALM DESERT SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: APPROVE CONTRACT WITH CLEAN FUEL CONNECTION, INC. FOR INSTALLATION OF A DC FAST CHARGER AT THE PALM DESERT CIVIC CENTER ELECTRIC VEHICLE CHARGING STATION AND AMEND CHARGING STATION AGREEMENT TO REFLECT NRG EV SERVICES, LLC (EVgo) SUBMITTED BY: Frankie Riddle, Director of Special Programs APPLICANT: City of Palm Desert DATE: May 12, 2016 CONTENTS: Contract Recommendation By Minute Motion, 1. Approve Contract with Clean Fuel Connection, Inc. to undertake the infrastructure installation aspect of the DC Fast Charger Installation Project at the Palm Desert Civic Center; and 2. Approve Charging Services Agreement with NRG EV Services, LLC (EVgo). Strateqic Plan Obiective N/A Discussion At its meeting of February 11, 2016, City Council approved the Charging Services Agreement with Clean Fuel Connection, Inc. (Contractor), a subsidiary of NRG EV Services, LLC (EVgo). The Agreement includes the operation and maintenance aspects of the charger, as well as the installation costs and hiring of vendors and contractors to undertake necessary infrastructure aspects of the project. However, after further discussions with Clean Fuel Connection, clarification and appropriate approvals are necessary to ensure that the City has the proper contracts in place to complete this project. As such, a separate contract with Clean Fuel Connection to perform necessary infrastructure work is required, as well as to formally amend the Charging Services Agreement to own, operate, and maintain charging station to reflect NRG. As an update, City staff has met with Clean Fuel Connection and Southern California Edison staff to discuss project details. SCE has submitted its plan pertaining to the design of the installation for electric conduit. The Contractor has ordered the DC Faster Charger which is anticipated to be delivered by mid -May. Once received, the Contractor will commence work at project site by end of May, unless delivery of the charger is delayed. Staff recommends Council approval as noted above. Contract No. C35030A STAFF REPORT CONTRACT WITH CLEAN FUEL CONNECTION FOR DC ELECTRIC VEHICLE FAST CHARGER PROJECT MAY 12, 2016 PAGE 2 Fiscal Analvsis Project previously approved. As such there will be no impact to the General Fund. Submitted By: Fra®RiddleDircial Programs Reviewed: Rudy Acosta Assistant City Manager Approval: ,Jair-McCarthy Q7ri n City Manage Contract No. C35030A C - AGREEMENT THIS AGREEMENT is made and entered into this 12 day of May, 2016, by and between City of Palm Desert, California, hereafter called "CITY" and NRG EV SERVICES, LLC (EVgo)/dba: Clean Fuel Connection, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. Proiect Name Palm Desert Electric Vehicle DC Fast Charaer Proiect, CONTRACT NO. C35030A, in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) Public Works Contractor Registration Certification; (c) The Performance Bond; (d) The Payment Bond; (e) Any Change Orders issued; (f) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (g) The Determination of Prevailing Wage Rates for Public Work, (h) Addenda No(s) . All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: Panes ('_1 a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. C. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $500.00 per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above ❑^^7 n 7 referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Provisions Required by Law and Contractor Compliance. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal state and local laws, rules and regulations, including but not limited to the provisions of the California Labor Code and the California Public Contract Code. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: IAVIA Signature to be notarized TITLE: CITY: BY: TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: FRANKIE RIDDLE DIRECTOR OF SPECIAL PROGRAMS ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert. CA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY Pane r-1 CONTRACTOR ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) SS. County of ) On , 20 , before me,, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature