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1998-142-Authorizing The Execution Of An Agreement With Natural Fuels Corporation For The Construction Of Project 9921RESOLUTION 1998 - 142 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NATURAL FUELS CORPORATION FOR THE CONSTRUCTION OF PROJECT 9921 - COMPRESSED NATURAL GAS FUELING STATION WHEREAS, bids were sought in conformance with State and Town law, and Natural Fuel Corporation was determined as the lowest bidder for Project 9921 - Compressed Natural Gas Fueling Station; and WHEREAS, on July 6, 1998 Council adopted a resolution approving plans, specifications, and established a $225,000 budget for Project 9921; and WHEREAS, project budget 40OG9921 includes a 9% contingency; and WHEREAS if contingency is not used for unforeseen issues during construction, staff request to use unspent funds to upgrade fuels dispensing system as per alternate bid item; and WHEREAS total cost of alternate bid item is $7,923. THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to enter into an agreement with Natural Fuels Corporation for the construction of Project 9921 - Compressed Natural Gas Fueling Station (attached) as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 8th day of September, 1998, by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS: None ABSENT: Randy Attaway ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: —fu e" CLERK OF THE TOWN OF LOS G TOS LOS GATOS, CALIFORNIA Section 7 AGREEMENT THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and Natural Fuels Corporation (hereinafter referred to as "Contractor "). Owner and Contractor, for the consideration hereinafter named, agree as follows: 7 -01. SCOPE OF WORK Contractor shall furnish all materials and perform all of the work for the construction of PROJECT #9921 - SKID MOUNTED NATURAL GAS COMPRESSION STATION in accordance with the Contract Documents. 7 -02. CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by Owner, and for all risks of every description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay Two Hundred and Six Thousand Three Hundred Sixty Six dollars ($206,366.00), which shall supersede any other amount specified in the contract documents. 7 -03. CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fully set forth and described in the Contract Documents. All parts of the Contract Documents are intended to be correlated so that any work called for in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The Contract Documents are defined in section 8 -01(a) of these Specifications and are incorporated herein by reference the same as though set out in full. 7 -04. BEGINNING OF WORK Following the execution of this agreement and the approval of bonds and insurance policies and certificates, Owner shall issue a notice to proceed with the work. Commencing work or the entrance of equipment or materials on the site of the work by Contractor before receipt of the notice to proceed is at the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage or injury sustained by Owner or third persons resulting therefrom. 7 -05. TIME OF COMPLETION Exhibit A As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by Owner, and for all risks of every description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay Two Hundred and Six Thousand Three Hundred Sixty Six dollars ($206,366.00), which shall supersede any other amount specified in the contract documents. 7 -03. CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fully set forth and described in the Contract Documents. All parts of the Contract Documents are intended to be correlated so that any work called for in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The Contract Documents are defined in section 8 -01(a) of these Specifications and are incorporated herein by reference the same as though set out in full. 7 -04. BEGINNING OF WORK Following the execution of this agreement and the approval of bonds and insurance policies and certificates, Owner shall issue a notice to proceed with the work. Commencing work or the entrance of equipment or materials on the site of the work by Contractor before receipt of the notice to proceed is at the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage or injury sustained by Owner or third persons resulting therefrom. 7 -05. TIME OF COMPLETION The work called for herein shall be fully completed within the time limit set forth in the Special Conditions. 7 -06. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shall remedy any defects due to faulty materials and /or workmanship and pay for any damages to other work and /or existing facilities resulting therefrom which shall appear within a period of two years from the date of recording of the Notice of Completion. 7 -07. LIQUIDATED DAMAGES The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and Section 8 -06(c) of these Specifications pertaining to liquidated damages. The work called for herein shall be fully completed within the time limit set forth in the Special Conditions. 7 -06. CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN Contractor shall remedy any defects due to faulty materials and /or workmanship and pay for any damages to other work and /or existing facilities resulting therefrom which shall appear within a period of two years from the date of recording of the Notice of Completion. 7 -07. LIQUIDATED DAMAGES The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and Section 8 -06(c) of these Specifications pertaining to liquidated damages. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 1g . TOWN OF LOS GATOS By Town Manager CONTRACTOR By Title Business Address Contractor's License Number APPROVED AS TO FORM: ORRY P. KORB Town Attorney ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 1 g . TOWN OF LOS GATOS By Town Manager CONTRACTOR By Title Business Address Contractor's License Number APPROVED AS TO FORM: ORRY P. KORB Town Attorney ATTEST: MARIAN COSGROVE Town Clerk, Town of Los Gatos NATURAL, CORPORATE PROFILE Natural Fuels was incorporated in March, 1990 and is owned by Public Service Company of Colorado and Colorado Interstate Gas Company (a subsidiary of the Coastal Corporation). Natural Fuels Corporation (NFC) was formed to further the natural gas market by promoting the use of Natural Gas Vehicles (NGVs). The mission of NFC is to extend its current position as the nation's premier alternative fuel company while continuing to capitalize on operational leadership to provide the industry with market development expertise, proprietary equipment and technical knowledge. NFC will continue long -term market commitment including financial resources, regulatory /legislative participation and research & development. Natural Fuels is firmly backed by Colorado's largest utility along with a major gas pipeline company. Both parent companies are dedicated to natural gas market development. Being owned by these two major companies gives NFC the stability to provide constant and consistent support. Natural Fuels Corporation has 50 employees dedicated to customer satisfaction. A 24 -hour hot line with technicians available to answer support questions demonstrates a strong commitment to the industry. NFC's station packages are completely manufactured at the corporate facility in Denver, CO. All controls are manufactured in house for greater quality assurance, as well as greater. compatibility. This gives Natural Fuels the advantage when it comes to system integration. All fuel station packages have to pass a rigorous full load test procedure before they are shipped to the customer. NFC is concerned with all aspects of using Compressed Natural Gas (CNG) as a vehicular fuel. From the natural gas pipeline to the vehicle combustion system, NFC has the-experience to value engineer a complete fuel station package. Natural Fuels not only designs and builds fuel station equipment but sells and promotes vehicles using CNG as a motor fuel. NFC state -of- the -art conversion center has converted over 2,000 vehicles to CNG. This vast experience has given Natural Fuels Corporation the ability to fully understand the CNG fueling process. Natural Fuels is the owner /operator of 40 natural gas fueling stations throughout the state of Colorado, Wyoming, and Nebraska. NFC has partnered with Total Petroleum to provide public natural gas fueling at 12 TOTAL retail stations. NFC has provided Compressed Natural Gas (CNG) fuel and vehicle experience to a variety of bus operators over the last 4 Attachment 2 NATURAL FUELS CORPORATIONT,M 5855 STAPLETON DRIVE NORTH DENVER, COLORADO 802163312 303.322.1600 FAX 303.322.4644 years. This involvement has been through programs with the Denver Regional Transportation District (RTD) and a variety of shuttle bus operators at Denver's Stapleton International Airport. In 1993 the bus experience was dramatically increased as a major program was undertaken at the new Denver International Airport (DIA). This station operation experience has given NFC the added advantage in the retailing market. Besides the 12 TOTAL stations, Natural Fuels runs an additional 19 public retail stations which operate 24 hours a day, 7 days a week. NFC has the sole responsibility for the operation and maintenance for all these stations which qualifies the experience necessary to develop maintenance and operation guidelines. Experience has had a major impact on the way NFC designs fuel stations to withstand the demands of a retail station. Natural Fuels' stations are designed to provide the maximum performance while minimizing the maintenance costs. Natural Fuels Corporation is concerned with the total cost involved in the operation of a CNG fueling station. This has led NFC to build its own system components. Natural Fuels patented its own retail dispenser cabinet on Dec. 21, 1993. With a full line of dispenser models consisting of the fleet cabinet style, Schlumberger retail and the NFC retail dispenser, all manufacturing is done at the corporate facility. NFC sells equipment both domestically and internationally. One of the fleet cabinet dispensers is currently operating at an Amoco retail station in Cairo, Egypt. In conjunction with the dispensers, NFC manufactures all control panels and gas handling panels. Each panel is fully tested to ensure the best quality. Natural Fuels Corporation is a licensed Original Equipment Manufacturer (OEM) for Ingersoll -Rand and Ariel natural gas compressors. Natural Fuels completely packages the compressors with all necessary equipment and controls to provide a fully integrated station package. This complete fabrication allows NFC to fully test the entire package. For maximum station on -line time, each component must be fully compatible. When a station is fully tested and integrated, the installation and startup time of the station is decreased. With the elimination of component compatibility problems, station operation is greatly simplified. This leads to lower capital and operational costs. Each system component is manufactured to the highest standard in the industry. All Ariel packaging meets American Petroleum Institute API 11P Specification for Packaged Reciprocating Compressors for Oil and Gas Production Services as well as the American Society of Mechanical Engineers ASME 831.3 Chemical Plant and Petroleum Refinery Piping specifications. Packaging also conforms to the National Fire Protection Association NFPA 52 Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems and the National Electric Code (NEC). Natural Fuels also follows our own set of stringent standards. These standards