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SR 12-13-2022 5J City Council Report City Council Meeting: December 13, 2022 Agenda Item: 5.J 1 of 4 To: Mayor and City Council From: Edward F King, Director, Department of Transportation, Transit Maintenance Subject: Award Bid for Maintenance and Repair of SMDOT's Liquefied/Compressed Natural Gas (L/CNG) Fueling Station Recommended Action Staff recommends that the City Council: 1. Award Bid #4429 to Clean Energy for maintenance and repair services to Santa Monica Department of Transportation’s natural gas fueling facility; 2. Authorize the City Manager to negotiate and execute an agreement with Clean Energy, in an amount not to exceed $1,344,710 including a $122,246 contingency and a 4% cost escalator in years two through five, over a five-year period with future year funding contingent on Council budget approval; 3. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities), of the California Environmental Quality Act (CEQA) Guidelines. The bid award for the maintenance and repair of SMDOT’s fueling station would not result in any modifications to existing liquified or compressed natural gas facilities. Executive Summary The Santa Monica Department of Transportation (DOT), as Big Blue Bus, operates 176 compressed natural gas (CNG) transit buses powered by renewable natural gas produced by capturing methane releases from landfills. The fueling facility that serves DOT’s fleet of CNG transit buses requires regular maintenance and repairs to ensure that it remains operational and serves CNG vehicles from other departments throughout the City in addition to DOT’s vehicles. Staff recommends that Bid #4429 be awarded to Clean Energy and that the City negotiate and execute an agreement with Clean Energy for the maintenance and repair 5.J Packet Pg. 287 2 of 4 of the natural gas fueling station at the Big Blue Bus facility for a five-year period in an amount not to exceed $248,270 for the first year with the total five-year contract not to exceed $1,344,710 which includes a 10% contingency and a 4% cost escalator. Discussion The liquid/compressed natural gas (L/CNG) fueling station at the Big Blue Bus facility plays a critical role in supporting the department’s core mission of providing safe, reliable, and efficient transportation services. DOT purchases 100% domestically produced, Renewable Bio-Liquid Natural Gas (RLNG) for use in its fleet of transit buses and CNG non-revenue vehicles. This fuel is derived from harvested landfill methane and is processed through a filtration and refining process that ensures few impurities to produce a clean burn. This fuel is delivered as liquified natural gas (LNG) and is stored in tanks at its L/CNG fueling station until converted to CNG and dispensed to vehicles during the fueling process. The L/CNG system incorporates complex, sensitive components, some of which require lead times of up to six months to replace. The fueling system experiences normal wear and tear through its operation and the handling of cryogenic LNG stored below -177 degrees Fahrenheit and high-pressure CNG gas. To ensure these parts are not worn prematurely, it is necessary to perform maintenance and service on the fueling equipment. This contract would ensure that DOT can receive prompt repair services for its fueling facility to avoid disruption to the fueling of transit buses and other City CNG vehicles. The vendor would be responsible for providing qualified personnel and any original equipment manufacturer (OEM) parts or components needed to perform repairs. All installations are required to comply with applicable federal, state, and local laws and regulations. DOT has traditionally contracted the maintenance and repair of its L/CNG fueling facility due to the specialized technical expertise needed to perform the work. The “Contract and As-Needed Staffing Review Policy, Practice, Recommendations” report submitted to Council on January 13, 2015, recommended that fueling facility maintenance be contracted out due to the specialized technical nature of the work which is outside of the 5.J Packet Pg. 288 3 of 4 core service mission of the DOT. The report also noted that the capital and equipment requirements of maintaining the fueling facility and the risk posed by improper maintenance or repairs resulting in a fuel leak or substantial fueling downtime further support this work remaining a contracted service. Based on the need for specialized training and equipment, staff recommends the award of Bid #4429 to Clean Energy. Vendor/Consultant Selection Best and Only Bidder Clean Energy Corporation Submittals Received Selection Criteria Clean Energy $ 1,344,710 Municipal Code SMMC 2.24.180 Evaluation Criteria Price, quality of services offered, ability to perform all services, bidder experience, and history of providing these services to the Department of Transportation Bid Data Date Posted Posted On Advertised in (City Charter & SMMC) Vendors Downloaded Date Publicly Opened 8/23/2022 City’s Online Bidding Site Santa Monica Daily Press 16 9/19/2022 Additional Vendor Outreach and Justification to Award Procurement conducted additional outreach to vendors who downloaded the bid to see why they did not submit a bid and did not receive any responses. Clean Energy's bid cost represented a reasonable increase over the current contract pricing. Additionally, Clean Energy has a positive history of providing timely and thorough maintenance and repairs to SMDOT's L/CNG fueling station. Based on these criteria, Clean Energy is recommended as the best bidder. Environmental Review The award of this bid for maintenance and repair service is categorically exempt from the California Environmental Quality Act (CEQA) under section 1530. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consist of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The award of this bid for the maintenance and repair of SMDOT’s fueling station 5.J Packet Pg. 289 4 of 4 would not result in any modifications to existing liquefied or compressed natural gas facilities. Natural Gas fueling facilities currently exist and the proposed bid award would not expand or materially change existing fueling operations. Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines. Financial Impacts and Budget Actions Staff seeks authority to approve funding from the Big Blue Bus Fund to award a contract with Clean Energy for maintenance and repair to SMDOT’s L/CNG fueling station. Contract Request FY 2022-23 Budget Department/CIP Account # Total Contract Amount Request Amount $116,270 60600011.550016 $629,755 $132,000 C6004830.689000 $714,955 Total $1,344,710 Future year funding is contingent on Council budget approval. Prepared By: David Nanjo, Administrative Analyst Approved Forwarded to Council Attachments: A. Clean Energy Oaks 5.J Packet Pg. 290 CITY OF SANTA MONICA OAKS INITIATIVE NOTICE NOTICE TO APPLICANTS, BIDDERS, PROPOSERS AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS, OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You mayobtain a full copy of the Initiative’s text from the City Clerk. This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit”to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica. All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period. In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.”If the “public benefit”is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit”covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months. 5.J.a Packet Pg. 291 Attachment: Clean Energy Oaks (5410 : Award Bid for Liquified/Compressed Natural Gas (L/CNG) Fuel Station Maintenance) CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Public benefits include: 1. Personal services contracts in excess of $25,000 over any 12-month period; 2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period; 3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period; 4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period; 5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000; 6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or 7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period. Name(s) of persons or entities receiving public benefit: Name(s) of trustees, directors, partners, and officers: Name(s) of persons with more than a 10% equity, participation, or revenue interest: Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY: Bid/PO/Contract # ____________________________ Permit # ___________________________ Chad Lindholm Senior Vice President February 8, 2022 david.canales@cleanenergyfuels.com (949) 437-1000 Clean Energy Andrew J. Littlefair, Mitchell W. Pratt, Robert M. Vreeland, and Barclay F. Corbus None 5.J.a Packet Pg. 292 Attachment: Clean Energy Oaks (5410 : Award Bid for Liquified/Compressed Natural Gas (L/CNG) Fuel Station Maintenance)