CC - Item 6C - Amendment No. 2 to the Traffic Signal Maintenance Services Agreement - St. Francis ElectricROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER�,� .
DATE: NOVEMBER 13, 2018
SUBJECT: AMENDMENT NO. 2 TO THE TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT -ST. FRANCIS ELECTRIC
SUMMARY
In November 2016, the City received responses to a Request for Proposal for Traffic Signal Maintenance Services. Subsequently, in January 2017, the City entered into an agreement with St. Francis Electric for maintenance and servicing of the City's traffic signals for an initial two-year term that ends on December 31, 2018. Furthermore, in January 2018, Amendment No. 1 was entered into that increased the annual contract amount to $106,950. Although the Agreement allows for an annual option to renew for an additional 2-year term, staff would like to extend the agreement for an additional 6-month term to bring the contract in-line with the fiscal year budget process, and which would allow time for the Public Works Director to determine whether to continue with the current contractor or seek out a new request for proposal process.
STAFF RECOMMENDATION
Staff recommends that the City Council:
1.Approve the attached Amendment No. 2 to the Traffic Signal Maintenance Services Agreementwith St. Francis Electric for a not to exceed cost of $74,500 during the six (6) month term and anoption to extend for one additional 12-month period; and
2.Authorize the City Manager to execute Amendment No. 2 to the Agreement.
DISCUSSION
St. Francis Electric has been providing traffic signal maintenance services for the City since January 2017. Current staff have determined that for the past two years, St. Francis has demonstrated the technical competency and responsiveness needed for the City, and are fully satisfied with their services.
AGENDA ITEM NO. 6.C
City Council Meeting November 13, 2018 Page 2 of3
During the past 10-months of services, staff has been making an extraordinary effort to remain within the contracted amount. Although the full 12-month term has not been reached, staff has projected (based on averages) to expend approximately $78,000 by the end of the term, in comparison to the $106,950 contract amount. Much of this limited expenditure is due to; 1) Not having any major unexpected traffic signal knock downs or repairs, such as vehicle accidents and power surges making control boxes inoperable, 2) Public Works maintenance staff having conducted some of the minor repairs on the speed feedback signs, and 3) Postponing needed backup battery replacements and non-urgent repairs.
In forecasting the needed amount for the next 6-month period, staff considered the monthly maintenance and inspection services costs per the fee schedule contained within the Agreement, current repairs to be scheduled, and un-scheduled repair and response services which are on an on-call and as-needed basis. Scheduled repairs are usually the result of an issue found during the monthly inspection, and unscheduled response and repairs are usually related to unexpected accidental damages or power surges.
Staff has made a projection using the fee schedule for monthly maintenance, the average of 201 ?'s scheduled repair costs, and allocating $10,000 for unscheduled response and repairs. Using this methodology, staff is requesting a not to exceed amount of $74,500 for the 6-month period.
Projected 6-Month Expense January 1 thru June 30, 2018
Monthly Scheduled Unscheduled
Maintenance Response/Repairs Response/Repairs
January $ 4,447.25 $ 6,267.99
February $ 4,447.25 $ 6,267.99
March $ 4,447.25 $ 6,267.99
April $ 4,447.25 $ 6,267.99
May $ 4,447.25 $ 6,267.99
June $ 4,447.25 $ 6,267.99
TOTALS $ 26,683.50 $ 37,607.91 $ 10,000.00 $ 74,291.41
TYPE QUANTITY FEE EACH MONTHLY 6-MONTHS
Traffic Signa Is 43 $ 79.25 $ 3,407.75 $ 20,446.50
In-Pavement Crosswalk Flashers 15 $ 31.50 $ 472.50 $ 2,835.00
Speed Feedback Signs 18 $ 31.50 $ 567.00 $ 3,402.00
TOTALS $ 4,447.25 $ 26,683.50
FINANCIAL IMPACT
Sufficient funds have been budgeted and are available in the fiscal year 2018/19 budget for traffic signal
maintenance services.
City Council Meeting November 13, 2018 Page3 of3
STRATEGIC PLAN IMPACT -None
ENVIRONMENTAL REVIEW -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared and Submitted By:
Greg S. Tsujiuchi
Assistant City Manager
Attachment(s):
A.Traffic Signal Services Amendment No. 2B.Traffic Signal Services Amendment No. 1C.Traffic Signal Services Agreement
SECOND AMENDMENT
TO THE TRAFFIC SIGNAL MAINTENANCE
SERVICES AGREEMENT (ST. FRANCIS
ELECTRIC)
This SECOND AMENDMENT AGREEMENT ("Second Amendment") is made and entered into this 13th day of November, 2018 ("Effective Dale"), by and between the City of Rosemead, a municipal organization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and St. Francis Electric. with its principal place of business at
1420 Citrus Street, Riverside, California 92507 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
WHEREAS, City and Contractor entered into an agreement on January 30, 2017, for
Traffic Signal Maintenance Services (the "Original Agreement"); and
WHEREAS, City and Contractor entered into a First Amendment on January 9, 2018, to amend Section 3.3.1 "Compensation" of the Traffic Signal Maintenance Services
Agreement; and
WHEREAS, the Original Agreement is set to expire on December 31, 2018; and
WHEREAS, under the Original Agreement the City and the Contractor may mutually agree to extend the term of this Agreement for up to two years.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.1.2 "Term" shall be amended to read:
3.1.2. Term. Unless earlier terminated in accordance with Section 3.5.1 of this Agreement, the Term of this Agreement shall be for a period of six (6) months with an option to renew for one additional twelve (12) month period. The Term shall commence after City Council approval, upon receipt and approval of all required bonds and insurance and final execution of the Agreement by both parties, hereby set on:
SECTION 2. Section 3.3.1 "Compensation", as amended, shall be further amended to read:
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this
Agreement and shall not exceed Seventy-Four Thousand Five Hundred
Dollars ($74,500) during the extended six (6) month term of this
Agreement, as per the fee schedule submitted as part of the Contractor
proposal (Exhibit A).
SECTION 3. All other terms, condition, and provisions of the Original Agreement not in
conflict with this Second Amendment, shall remain in full force and effect.
SECTION 4. The City Clerk shall certify to the adoption of this Second Amendment and
hereafter the same shall be in full force and effect.
IN WITNESS WHEREOF, City and Contractor have caused this Second Amendment to be
executed by their duly authorized representatives as of the day and year first above written.
CITY OF ROSEMEAD
BY:
Gloria Molleda, City Manager
Attest:
City Clerk
BY:
Rachel Richman, City Attorney
2
ST. FRANCIS ELECTRIC
BY:
Name: Andy Amador
Title: Vice President
(If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED)
BY:
Name: Guy Smith
Title: Secretary
FIRST AMENDMENT TO TRAFFIC SIGNAL MAlNTENANCE SERVICES AGREEME;NT (ST. FRANCIS ELECTRIC)
Ua-o.to51J!
This FIRST AMENDMENT ("Amendment") is made and entered into this 9111 dayof January, 2018, ("Effective Date") by and between the City of Rosemead ("City"), a municipal organization, ,ind St Francis Electric ("Contractor").
WHEREAS, City and Contractor entered into an agreement on January 30, 2017, for
. Traffic Signal Maintenance Services (the "Agreement"); and
WHEREAS, the parties discovered an error in the Agreement as it relates to Compensation section 3.3.1 and this Amendment is needed to correct that inadvertent
·Eirror.
NOW, THEREFORE, the Parties agree as follows:
SECTION 1. Section 3.3.1 "Compensatfon" shaH be amended to read:
3.3.1 Compensation. Contractor shall receive coo1pensation, including
authorized reimbursements, for all Services. rendered under this Agreement, as specified in the attached proposal (i.e. hourly rates, expenses, etc.), but not to exceed Fifty-Three Thousand Four Hundred Seventy-Five Dollars ($53,475.00) for Preventative Maintenance Services
and Fifty-Tllree 'thousand Four Hundred Seventy-Five Dollars ($53,475.00) for Repair Services for a total amount of $106,950.00 per year for the first two years, with an annuaf option to renew for additional two (2) years. Such payments shall be made on an as-needed basis as
directed by the City. Extra Work may be authorized, as described below, and ff authorized, will be compensated at the rates and manner set forth in
tl1is Agreement.
SECTION 2. All other terms, condition, and provisions of the Original Agreement not in
conflict with this Addendum, shall remain in full force and effect.
S1;:CTION 3. · The City Clerk shall certify to the adoption of this Addendum and hereafter
1he sarne shall be in full force and effect.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written.
C.ITY OF ROSEMEAD
BY: l -�lllli 9\ �\&cl l'"Gforia MolledaCity Manager
::teM
J/9 MMCOonohue City Clerk
Ap· proved as to Form; -·-·1 /7 . .'!' ,•. ·-L/]·, ( t· . By:·;��!f�i•fifa11m,i' = Burke, Williams & Sorensen, LLP City Attorney
ST. FRANCIS ELECTRIC
p· ·,
TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT (ST. FRANCIS ELECTRIC)
1.PARTIESANDDATE.
c,1-r&o a I ,
-� _,.. . This Agreement is made and entered into this 3c> day of ]Cu)1JA� , 20 n(Effectlve Date) by and between the City of Rosemead, a municipal oanization organized under the laws of the state of California with its principal place of business at 8838 E Valley Blvd., Rosemead, California 91770 ("City'') and St. Francis Electric with its principal place of business at 1420 Citrus Street, Riverside, CA 92507 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2.RECITALS.
·,,2.1 Contractors. Contractors desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in thts Agreement. Contractor represents that it Is experienced in providing Traffic Signal Maintenance services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project. City desires to engage Contractor to render such ongoing.general public works and professional services ("Servic�s") as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Traffic Signal Maintenance services necessary for the Project ("Services"). The Services and hourly rates are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed In accordance with, this
., ST. FRANCIS ELECTRIC Page2 of11
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations:
·3.1.2 Term. The term of this Agreement shall be from Effective Dateshown aoove to December 31, 2018 unless earlier terminated as provided herein. ·Contractor shall complete the Services within the terrn of this Agreement, and shall meetany other established schedules and deadlines.
3.2 ResponsiJ>ilities ofContractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor $hall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under thfs Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent,. a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of
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3,3 Fees and Payments.
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3;4 Accounting Records.
3.5 General Provisions.
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual r1ghts by custom, estoppal, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 lnvalidlty; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to ·solicit or secure this Agreement. Further, Contractor ·warrants that it has not paid nor has it agreed to pay any company or person, other thana bona fide employee working solely for Contractor, any fee, commlssion, percentage,brokerage fee, gift or other consideration contingent upon or resulting from the award or·making of this Agreement. Contractor further agrees to file, or shall cause its employeesor subcontractors to file, a statement of Economic Interest with the City's Filing Officer asrequired under state law in the performance of the Services. For breach or violation of. this warranty, City shall have the right to rescind this Agreement without liability. For theterm of this Agreement, no member, officer or employee of City, during the term of his orher service with City, shall have any direct interest in this Agreement, or obtain anypresent or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Emp[oyment. Contractor represents that it is an equal opportunity employer and it shall not dfscriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall-include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-Insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement Contractor has all requisite power and. authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
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3.6 Subcontracting.
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CITY OF ROSEMEAD
By:'13�R . ........-,..N-BIII R. Manis, City Manager
Attest:
� c/tycierk
Approved as to Form:
ST. FRANCIS ELECTRIC.
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