EXECUTIVE SUMMARY MAYOR AND BOARD OF ALDERMEN

Submitted By: Jason A. Michael Presented By: Jason A. Michael Other Staff Present:

Date: September 4, 2018

Meeting Dates

Workshop: N/A Business Meeting: N/A Public Meeting: September 20, 2018

Agenda Item: Approval of an agreement with GreenTech Fuel Management, Inc. for Generator Maintenance and issuance of a purchase order in the amount of $60,200.00 fol' FY19. (RFP FY19-F)

Background Information: The City owns 23 standby generators that serve backup electrical power to critical facilities such as water treatment facilities, emergency communications infrastructure, the Air Traffic Control Tower, etc. The routine engine maintenance services outlined in this agreement will help ensure readiness and reliability. The City does not currently have personnel on staff to provide this essential service.

Fiscal Impact: We anticipate an annual cost of $60,200 for FY19 thru FY23 (5-year agreement), which will be charged to various funds/budget accounts as follows:

General Fund

Water & Sewer Fund

Airport Fund Parking Fund

Storm Water Fund

(001-2111-211-5520200) $4,750.00 (001-3111-311-5520200) $3,300.00 (602-3411-343-5520200) $9,650.00 (602-3331-333-5520200) $10,150.00 (602-3311-331-5520200) $5,900.00 (602-3412-344-5520200) $13,550.00 (604-3712-371-5520200) $2,800.00 (605-3624-363-5520200) $1,850.00 (605-3625-363-5520200) $1,850.00 (607-3531-356-5520200) $6,400.00

Total: $60,200.00

Recommendation: Staff recommends approval of the agreement and issuance of a purchase order in the amount of$60,200.00 for FY19.

Supporting Documentation: Agreement, Executive Summary Checklist

Director: Zack Kershner Date: 09/06/2018

Item 2

Concurrence Needed:

~Legal: o Budget:

o Finance:

IniMals vtlti '.,· / : .. '. / (' i,V

t8J Purchasing: KLB o Public Works Operations: __ _

o Engineering:

o Parks and Recreation:

o Planning:

o Police:

o Human Resources:

o Economic Development:

o Other:

Email o o o t8J o o o o o o o o

EXECUTIVE SUMMARY CHECK LIST

FOR AWARD OF FORMAL SOLICITATIONS

(INVITATION TO BID - REQUEST FOR PROPOSALS - REQUEST FOR QUALIFICATIONS)

AGENDA ITEM: Approval of an agreement with GreenTech Fuel Management, Inc. for Generator Maintenance and issuance of a purchase order in the amount of $60,200.00 for FY19. (RFP FY19-F)

DATE OF PUBLIC MEETING: 9120/2018

DEPARTMENT SUBMITTING: Water and Sewer Facilities Management

DATE SUBMITTED: 9/4/18

A formal solicitation, Request for Qualifications FYI9-F, was issued for Generator Maintenance Services.

1. RFQ FY19-F was advertised in the Frederick News-Post for tlu'ee days on July 6, 7 and 8, 2018. The cost for advertisiug was $276.00.

2. The solicitation was posted on The City of Frederick Purchasing webpage and e­Maryland Marketplace.

3. Twelve companies downloaded the solicitation from the Purchasing website and e­Maryland Marketplace notified 155.

4. Four companies attended an optional pre-proposal meeting.

5. Five proposals were received.

6. Purchasing reviewed the proposals for compliance with the solicitation requirements.

7. A selection committee comprised of Water and Sewer Facility Maintenance staff completed evaluations of all submitted proposals in accordance with the requirements of the RFQ.

8. The highest rated proposal inclusive of pricing was determined to be the one submitted by GreenTech Fuel Management,Inc.

Agreement Generator Maintenance

RFQ FY19-F

THIS AGREEMENT, MADE AND ENTERED into this day of ,2018, by and between The City of Frederick, a municipal corporation of the State of Maryland (hereinafter referred to as the "City") and Green Tech Fuel Management, Inc. (hereinafter referred to as "Consultant") for the purpose of performing Generator Maintenance for various pieces of equipment at various locations within The City of Frederick.

The parties hereto acknowledge that they understand the terms and conditions set f01ih herein, and that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:

ARTICLE I - SCOPE OF WORK

The professional services to be performed by the Consultant under this Agreement shall be as set f01ih in Request for Qualifications (RFQ) FY19-F, Generator Maintenance, and the Consultant's Proposal dated August 2, 2018.

ARTICLE II - PERIOD OF PERFORMANCE

The period ofperformance for this Agreement shall be a five (5) year term effective upon Notice of Award through June 30, 2023. The first year is guaranteed, all subsequent years will be pending allocated funding, satisfactory completion of prior year work and mutual agreement.

ARTICLE III - RELATIONSHIPS

In the performance of the services described herein, the Consultant shall act solely as an independent contractor, and nothing herein 01' implied herein shall at any time be construed as to create the relationship of employer and employee, partnership, principal and agent, or joint adventurer between The City of Frederick and the Consultant.

The Consultant will report and coordinate duties with the Project Manager, Mr. Jason Michael, Superintendent of Water and Sewer Facilities Maintenance (WSFM) or his designee.

In carrying out the services to be provided pursuant to this Agreement, the Consultant will also work with City Staff and any other agency, organization or individual necessary to complete the services described in the Scope of Work.

All notice requests and authorizations provided for herein shall be in writing and shall be delivered or mailed, addressed as follows:

To the City: Jason Michael, Superintendent ofWSFM 111 Airp01i Drive East Frederick, Maryland 21701 jmichael@cityoffrederick.com 301-600-1809

To the Consultant: Adam Burch, President 1675 Hosfeld Drive

1

Agreement Generator Maintenance

RFQ FYI9-F

Westminster, Maryland 21157 adam@greentechfuel.com 410-299-7461

ARTICLE IV - PERSONAL SERVICES; ASSIGNMENT

The work and services provided for herein shall be performed by the Consultant, and no other person shall be engaged upon such work or services by the Consultant except upon the written approval of the City, provided, however, that this provision shall not apply to secretarial, clerical, and similar incidental services needed to assist the Consultant in performance ofthis Agreement. The Consultant shall not hire City of Frederick employees to perform any pOliion of the work or services provided for herein. Neither this Agreement nor any interest or claims hereunder shall be assigned or transferred by the Consultant to any party or parties, except with the written consent of the City.

ARTICLE V - OWNERSHIP OF REPORTS, DRAWINGS, SPECIFICATIONS, ETC.

All repotis, drawings, designs, specifications, notebooks, tracings, photographs, negatives, finding, recommendations, data and memoranda of every description relating to the services described herein and in completion thereof, shall be the property of the City and shall be confidential. The Consultant shall not disclose such information and procedures without the written approval of the City, which approval shall not be unreasonably withheld.

ARTICLE VI - RELEASE OF INFORMATION

The Consultant shall not, without the written approval of the City, disclose to others, publish, or authorize anyone to publish any technical or confidential information acquired in the course of doing work or rendering services under this Agreement.

ARTICLE VII - BASIS OF PAYMENT

The total amount to be paid by the City to the Consultant for the services performed shall be in accordance with the Consultant's Proposal Form dated August 2,2018 which is attached hereto and incorporated herein as "Attachment A."

A single purchase order will be generated for each year of the Agreement. Invoices shall be submitted on a monthly basis for completed work in reference to that single purchase order.

All taxes applicable to the proceeds received by the Consultant hereunder shall be the liability of the Consultant; the City shall not hold nor pay amounts for Federal, State or Municipal income tax, Social Security, employment or Worker's Compensation.

All Invoices shall be subject to review and approval by the Project Manager. Invoices for service shall list the days during which work and services were performed pursuant to this Agreement.

The City may withhold final payment hereunder until the requirements set f01ih in the Scope of Services have been fulfilled and until the City is satisfied that the Consultant has complied with the obligations specified in

2

Agreement Generator Maintenance

RFQ FYI9-F

this Agreement. All invoices and correspondence relative to this Agreement must contain the Agreement number appearing herein.

ARTICLE VIII - CONFORMANCE WITH PROPOSAL

It is understood that the materials andlor work required herein are in accordance with the Proposal dated August 2,2018 submitted by the Consultant pursuant to RFQ FYI9-F, Generator Maintenance, on file in the Purchasing Office of the City. All documents submitted by the Consultant in relation to said proposal, and all documents promulgated by the City for inviting proposals are, by reference, made a patt hereof as if set forth herein in full.

ARTICLE IX - TERMINATION

The City and the Consultant shall have the right to terminate this Agreement on no less than fifteen (15) days written notice should the other party fail to substantially perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating the termination. The City shall have the right to terminate this Agreement without cause upon fifteen (15) days written notice.

ARTICLE X - INDEMNIFICATION

Consultant shall indemnify, protect, defend, and hold harmless the City and its elected and appointed officers, employees, and agents ("City Indemnitees") from and against all liability, claims, demands, damages, losses, liens, causes of action, suits, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees and costs of defense), of any nature, kind, or description claimed, assetted, or prosecuted by any person or entity whomsoever, to the extent caused by: (i) the negligent, acts, errors, or omissions, by Consultant, its agents, pattners, employees and sub-Contractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, or (ii) the material breach of this Agreement, except to the extent that any claims or damages are caused by the negligence, willful misconduct or material breach of this Contract by the City Indemnitees.

This indemnity obligation shall survive the termination or expiration of this Agreement, but shall not otherwise extend any applicable statute of limitations or statute of repose. This indemnity obligation shall be in addition to, and not in lieu of, any and all other liability which the Consultant has or may have to any patty indemnified hereunder or to third parties as a matter of law. Consultant's obligations hereunder shall not be limited by any insurance coverage required by this Agreement. .

ARTICLE XI - INSURANCE

The Consultant shall within ten (10) days after notice of award submit proof of insurance in accordance with the specifications set forth in the RFQ. The requirements contained herein, as well as City's review or acceptance of insurance maintained by the Consultant are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Consultant under the Agreement.

ARTICLE XII - MISCELLANEOUS PROVISIONS

1) This Agreement shall be governed by, constlUed, and enforced in accordance with the laws of the State of Maryland.

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Agreement Generator Maintenance

RFQFYI9-F

2) The Consultant and the City respectively bind themselves, their partners, successors, assigns and legal representatives to the other patty to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all terms and conditions of this Agreement.

3) This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect.

4) This Agreement cannot be changed or modified, unless by written agreement signed by all parties hereto.

5) Non-Discrimination: The Consultant shall not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, veteran status, disability, sexual orientation, gender identity, genetic information, or any other legally protected group in employment or in the provisions of services.

6) Waiver: Unless otherwise agreed in writing, neither patty's waiver of the other's breach of any term or condition contained in this Agreement shall be deemed a waiver of any subsequent breach of the same or any other term of condition of this Agreement.

ARTICLE XIII - LICENSING

Consultant warrants that they possess all licenses and cettificates necessary to perform required work and is not in violation of any laws. Consultant also warrants that their licenses and certificates are current and will be maintained throughout the duration ofthe Agreement.

ARTICLE XIV - ASSIGNMENT

Contractor shall not delegate, sublet or subcontract any patt of the work under this Agreement or assign any monies due them hereunder without first obtaining the written consent of the City.

ARTICLE XV - SAFETY PRECAUTIONS

Precaution shall be exercised at all times for the protection of persons, including employees, and property. The safety provisions of all applicable laws and building and construction codes shall be observed.

4

Agreement Generator Maintenance

RFQ FYI9-F

IN WITNESS WHEREOF, WITNESS the hands and seals of the undersigned parties hereto on the day and year first above written.

GreenTech Fuel Management, Inc.

WITNESS: _______ _

Adam Burch, President

The City of Frederick

WITNESS: ________ _ Michael C. O'Connor, Mayor

Reviewed and Approved For Legal Sufficiency:

City Attorney

5

Agreement Generator Maintenance

RFQ FY19-F

Acknowledgment of Officer of Owner

On this day of ,20_, before me personally came Michael C. O'Connor, Mayor, to me personally known and known to me to be the Mayor, the same person who executed the foregoing Contract as such official, and that said Michael C. O'Connor, Mayor, duly acknowledged to me that he executed the same pursuant to the power and authority vested in him by The City of Frederick and that said signature is so affixed pursuant to authority vested in him.

State of ---------------------------

Countyof ________________________ __

Notary Public ______________________ _

My Commission Expires _____________ __

Acknowledgment of Contractor

On this day of , 20_, before me personally came and appeared -,--____ ---,-____ ----~------- to me known or properly identified, who, being by me duly sworn, did depose and say that he/she is the of , the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation, that one of the seals affixed to said instlUment is such seal; that it was so affixed by order of the directors of said corporation, and that he/she signed their name thereto by like order.

State of ________________________ ___

County of ________________________ __

Notary Public ______________________ _

My Commission Expires ______ --,---______ __

6

Generator Maintcuance RFQ FYI9·F

IfWc havc read and understand the requirements of this Request for QU<llifications lor Gencrator Maintenance unddo hereby propose to complete the work specified in accordance with this rcquest and all attachments, exhibits, ctc. Fcc proposals shall include all travel and per diem cost. It is further understood that the City may choose whether or not to incorporate each locationfgenerator in this Agreement on an individual basis.

A, Field Service Repair hourly rate schedule nil inclusive, that shall be guamntecd for the term of the conlmCI 10 be submillcd as attachment \0 this Proposal Form,

B. Fixed % cost over list for parts and materials that shall be guaranteed for the term oflhe contract. _1_0_%

C ITEM DESCRIPTION FIXED ANNUAL TOTAL

.

1- Wastewater Treatment Plant 100 Treatment Plant Rd, $9,650.00 Frederick, MD 21701

2. Monocacy Water Treatment Plant 1950 N. Market St.,

$3,300.00 Frederick, MD 21701

3. linganore Water Tre~tment Plant 6436 Plant Rd., Frederick,

$3,000.00 MD 21701

4. Fishing Creek Reservoir 5733 Mountalndale Rd.,

$1,700.00 Thurmont, MD 21788

5 .. Ballenger Creek Interconnect 315A Ballenger Center Drive, Frederick, MD 21703 $2,150.00

6. lester Dingle BPS 5111 Christopher's Crossing, $2,900.00 Frederick, MD 21702

28

7.

8.

9.

10.

11-

12.

13.

14.

15.

L.

Generator ~'f~intcnnl1cc RFQ FYI9·F

Whittier BPS 2273 West Greenleaf Dr., Frederick, MD 21702 $3,000.00

Amber Meadows Pump Station 160 Thomas Johnson Dr., $2,550.00 Frederick, MD 21702 DPW Pump Station 111 Airport Dr. East, Frederltk,MD 21701 $2,550.00

Monarch Ridge Pump Station 737 Monarch Ridge Rd., $2,550.00 Frederick, MD 21702

Rosenstock Pump Station 1680 Monocacy Blvd.,

$1,850.00 Frederltk, MD 21701

Tllco Dr. Pump Station 1547 Tllco Dr" Frederick,

$1,750.00 MD21704

-West Patrick St. Pump Station 161 West Patrick St.,

$2.300.00 Frederltk, MD 21701

Storm Water Pump Station 1&2 42 East Patrick St.,

$3,700.00 Frederick, MD 21701

Storm Water Pump Station 3 407 Sagner Ave., Frederick, MD21701 $2,700.00 750 KW - Detroit

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16. Municipal Office Annex/Parking Deck 4 140 West Patrick St., Frederick, MD 21701

17. Parking Deck 5 125 East Ail Saints St., frederick, MO 21701

lS. Frederick Airport Tower 111 Airport Or. East, Frederick, MD 21701

19. Vernon Ave. Water Tank 750 Vernon Ave., Frederick, MD 21701

20. Police Tn:dning Facility 6454 Plant Road Frederick, MD 21701

21. DPWMaln Campus 111 Airport Drive tast Frederick, MD 21701

TOTAL FOR LINE mMS 1·21

Generator ~·1ailltenancc RI'Q FY 19·1'

$1,850.00

$1,850.00

$2,800.00

$2,200;00

$2,550.00

$3,300.00

$60,200.00

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CITY OF FREDERICK BID RFQ FY19-F

ADDITIONAL PRICING Labor Travel Charge

G.enerator Tech Electrician

Helper

SUBLET VENDORS Parts FUEL TESTING

FtJeIPo/ishing -----

Service Minimums: Service Calls- 3 Hour Minimum

Emergency Calls- 4 Hour Minimum

Flat Rate

$lOO/trip

10% markup 10% markup

$lSO/test

$1.25/Gal/on - ...

Hourly Rate Emergency Rate Notes

Combines with repairs only 1 charge

$105 $160

$125 $190 $50 $75

over vendor cost

over actual costs

I Plus filters I

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