TF2306.SR.JD
CI
TY OF SIMI VALLEY
MEMORANDUM
Ma
y 1, 2023
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: APPROVAL OF FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND ECONOLITE SYSTEMS, INC., TO PROCURE
SERVICE AND MAINTENANCE FOR TRAFFIC SIGNAL PREVENTATIVE
MAINTENANCE, EMERGENCY REPAIR, AND NON- EMERGENCY
MAINTENANCE
STAFF RECOMMENDATION
It is
recommended that the City Council:
1. Approve the attached first c ontract amendment ex tending the term of the Econolite Systems, Inc. contract for two years, from July 1, 2023 to June 30, 2025, for a total not-to-exceed the amount of $580,000 for service and maintenanc e for traffic signal preventative maintenance, emergency repair, and non-emergency maintenance, and;
2. Approve $82,400 for the installation of eight traffic signal cabinets to the amended contract with Econolite Systems, Inc., for a combined not-to-exceed total of $662,400.
BACKGROUND AND OVERVIEW
The City entered into a contract with Econolite Systems, Inc. (Econolite) on June 7, 2021, to maintain City traffic signals and equipment. The current contract is set to expire on June 30, 2023, with one (1) additional two-year extension option.
As part of the contract, Econolite routinely repairs or replaces traffic signal poles, signal heads, signal indications, traffic signal cabinets, and other appurtenances . Through the use of this contract, staff wishes to replace eight traffic signal cabinets, the equipment for which has already been purchased. Econolite has indicated that the work will cost $82,400. In order to accomplish this, a contract amendment of $82,400 is also requested for a total not-to-exceed amount of $ 662,400. Sufficient funds are available in the proposed FY 2023-24 Public Works budget for maintenance.
AGENDA ITEM NO.
Consent (9)
TF2306.SR.JD
FINDINGS AND ALTERNATIVES
S
taff recommends that the current contract with Econolite be amended to extend the term of the contract period from July 1, 2023, to June 30, 2025, for a total not-to-exceed amount of $580,000 to continue to provide a high- quality and modern traffic control system. In addition, staff plans to replace eight of the oldest traffic signal cabinets currently installed throughout the City with equipment purchased during a prior fiscal year. To maintain an efficient and reliable traffic signal system, it is necessary to routinely replace aging and/or failing traffic signal equipment, including cabinets. The traffic signal cabinet is the main point of failure for a traffic signal, as it is the final point of connection for all field wiring, electrical power, and the traffic signal controller that regulates operations.
St
aff determined that the existing maintenance contract with Econolite is the most appropriate course of action . Econolite currently maintains the City’s traffic signal equipment and occasionally replaces traffic signal cabinets that are knocked down.
Further, the proposed scope of work is within the bounds of the current maintenance contract.
T
o accommodate the installation of the eight traffic signal cabinets within the current maintenance contract, staff also requests an $82,400 amendment to the existing maintenance contract. Econolite has indicated that the work will cost $82,400. As the work will exceed the contractually obligated maximum of $58 0,000 over two years, Staff is requesting an amendment to the contract maximum of $82,400, for a total of $662,400.
T
he following alternatives are available to the City Council:
1. Approve the first contract amendment extending the term of the Econolite Systems, Inc. contract for two years from July 1, 2023, to June 30, 2025, for a total not-to-exceed the amount of $580,000 for service and maintenanc e for traffic signal preventative maintenance, emergency repair, and non-emergency maintenance, and;
2. Approve $82,400 for the installation of eight traffic signal cabinets to the amended contract with Econolite, for a combined not-to-exceed total of $662,400.
3. Do not approve the First Amendment and provide s taff with further direction.
S
taff recommends Alternative No. 1 and 2
SUGGESTED BOARD MOTION
I
move to approv e the first contract amendment with Econolite Systems Inc., extending the term for two years from July 1, 2023, to June 30, 2025, increasing the not-to-exceed amount to $580,000, and approve $82,400 for the installation of eight traffic signal cabinets, for a combined not-to-exceed total of $662,400. 2 TF2306.SR.JD
SUMMARY
The City entered into a contract with Econolite Systems Inc. on June 7, 2021, to maintain the City’s traffic signal system . Staff recommends extending the term of the Econolite Systems, Inc. contract for two years from July 1, 2023, to June 30, 2025, for a do- not-exceed amount of $580,000. Staff is also recommending approval for $82,400 for the installation of eight traffic signal cabinets , for a combined not-to-exceed total of $662,400.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Justin Link, Principal Engineer
INDEX Page
First Amendment to Contract ........................................................... 4 3 TF2306.CON.JD
FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF
SIMI VALLEY AND ECONOLITE SYSTEMS, INC., TO
PROCURE SERVICE AND MAINTENANCE FOR TRAFFIC
SIGNAL PREVENTATIVE MAINTENANCE, EMERGENCY
REPAIR, AND NON-EMERGENCY MAINTENANCE
THIS FIRST AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 1
st day of May 2023, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and ECONOLITE SYSTEMS, INC., a California Corporation, hereinafter referred to as CONSULTANT, each a “Party” and collectively “Parties”.
I. Recitals
A. CITY and CONSULTANT entered into a written contract ("CONTRACT") executed by the Parties on June 7, 2021, for the performance of service and maintenance for traffic signal preventative maintenance, emergency repair, and non- emergency maintenance , which is incorporated herein by reference.
B. In accordance with paragraph seven of the CONTRACT, the Parties desire to extend the term of the CONTRACT for two years for the period July 1, 2023, to June 30, 2025 and increase the not to exceed amount by $662,400 for added services.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Section 1. Term,
is amended to read as follows:
“ The term of the CONTRACT shall be extended for two (2) years from July 1, 2023, to June 30, 2025 (“Extended Term”).”
2. Section 3. Compensation and Payment
, is being amended to read as follows.
“ A. The CITY shall be obligated to pay CONTRACTOR based upon the unit and/or lump sum prices in the Amended Schedule of Fees, Exhibit “A” attached hereto this First Amendment to the CONTRACT(“First Amendment”), and E ight Traffic Signal Cabinet Installation, as more fully described in Exhibit “B” attached hereto this First Amendment.
…
C. Not to Exceed Amount for Extended Term: In no event shall the total amount paid for the Extended Term exceed the amount of $580,000 for service and maintenance for traffic signal preventative maintenance, and $82,400 for the installation of eight traffic signal cabinets, as set forth in Exhibit “B” , for a combined total of $662,400 under this First Amendment . U nless otherwise 4 TF2306.CON.JD
agreed to by the P arties in wri ting, the total not -to-exceed of the CONTRACT amount is $1,242,400.
3. Mailing Address . The mailing address of each P arty to this CONTRACT AMENDMENT is as follows:
CITY Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Fuad Shamout
Senior Engineer/Capital Projects
(805) 583-6788
CONSULTANT Econolite Systems
1250 N. Tustin Avenue
Staff Contract:
Christopher Flores, Regional Vice President
(714) 630-3700
4. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Econolite Systems
David L. Caceres, City Attorney By:
Approved as to Content: Print Name:
Title:
Brian Paul Gabler, City Manager
By:
Print Name:
Johanna Medrano,
Deputy Administrative Services Director Title:
Budget & Purchasing
5 TF2306.CON.JD
Ronald K. Fuchiwaki, Public Works Director
6 TF2306.CON.JD
EXHIBIT “A”
AMENDED SCHEDULE OF FEES
FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF
SIMI VALLEY AND TWINING, INC., FOR ON-CALL PAVEMENT
ENGINEERING, MATERIAL TESTING AND INSPECTION
SERVICES, RFQ NO. PW 22-05
7 TF2306.CON.JD
EXHIBIT “B”
EIGHT TRAFFIC SIGNAL CABINET INSTALLATION
FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF
SIMI VALLEY AND TWINING, INC., FOR ON-CALL PAVEMENT
ENGINEERING, MATERIAL TESTING AND INSPECTION
SERVICES, RFQ NO. PW 22-05
Los Angeles @ Rory
existing location is a 332 cabinet with a type II service.
Scope of work- Furnish a base extender to mount type “P” cabinet Modify existing foundation adding concrete to existing foundation for extender base footprint, use RED bolts with epoxy to secure bolts.
After Concrete cure, remove existing 332 cabinet install extender base and City supplied Type “P” cabinet, turn on cabinet
Los Angeles and 5
TH
Existing type “P” cabinet
Scope of Work - remove and replace exiting cabinet with City Supplied type “P” cabin et Resurface existing base with crack filling epoxy
1 ST and Agnew
Remove existing cabinet install City supplied Type “P” cabinet
Royal and Vaquero
Remove existing cabinet install City supplied Type “P” cabinet
Cochran and Justin
Existing type “M” cabinet
Scope of work- dowel existing foundation, form and pour concrete for Type “P” foundation adding anchor bolts as needed.
After Concrete cure, remove existing “M” cabinet, install City supplied Type “P” cabinet, turn on cabinet
Winifred and Cochran
Existing location is a type “G” cabinet on pedestal
Scope of work - demo existing slab, pour foundation footprint for Type “P” base extender, install anchor bolts.
After Concrete cure, remove existing “G” cabinet install extender base and City supplied Type “P” cabinet, turn on cabinet.
El Monte and Royal
Existing location is a type “G” cabinet on pedestal
Scope of work - demo existing slab, pour foundation footprint for Type “P” base extender, install anchor bolts
After Concrete cure, remove existing “G” cabinet install extender base and City supplied Type “P” cabinet, turn on cabinet
8 TF2306.CON.JD
Los Angeles and Church
Existing location is a 332 cabinet with a type II service. Scope of work - Furnish a base extender to mount type “P” cabinet Modify existing foundation adding concrete to existing foundation, use RED bolts with epoxy to secure bolts. After Concrete cure, remove existing 332 cabinet install extender base and City supplied Type “P” cabinet, turn on cabinet City forces to trim tree/bushes for access.
Description Total
Los Angeles and Rory $12,514
Los Angeles and 5th $7,715
1st and Agnew $6,500
Royal and Vaquero $6,500
Cochran and Justin $9,960
Winifred and Cochran $12,820
El Monte and Royal $14,954
Los Angeles and Church $11,437
Total $82,400
9 TRC21006.CON.DB
CONTRA
CT BETWEEN THE CITY OF SIMI VALLEY , AND
ECONOLITE SYSTEMS, INC., TO PROCURE SERVICE
AND MAINTENANCE FOR TRAFFIC SIGNAL
PREVENTATIVE MAINTENANCE, EMERGENCY REPAIR,
AND NON-EMERGENCY MAINTENANCE
THI
S CONTRACT is made and entered into in the City of Simi Valley on this 7th d ay of June, 2021, by and between the CITY OF SIMI VALLEY, municipal corporation, hereinafter referred to as CITY, and ECONOLITE SYSTEMS, INC., a California corporation, hereinafter referred to as CONTRACTOR, each a “Party,” and collectively, “Parties”.
RECITALS
WHER
EAS, the CITY wishes to procure service and maintenance for Traffic Signal Preventative Maintenance, Emergency Repair, and Non-Emergency Maintenance; WHER
EAS, CONTRACTOR has a valid contract with another
governmental agency (City of Thousand Oaks, Contract No. DPW: 821-30) under which CONTRACTOR provides Traffic Signal Preventative Maintenance, Emergency Repair, and Non-Emergency Maintenance Services (the “Cooperative Contract”); and NOW
, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. Term. The term of this CO NTRACT shall be from July 1, 2021 , through the 30 th day of June 2023 or until completion of all of the CONTRACTOR’S obligations under this CONTRACT and its accompanying exhibits. This contract may be extended one (1) additional two- year term upon mutual written consent of the City Manager and the CONTRACTOR, but in any event no longer than June 30, 2025, as set forth in the City of Thousand Oaks contract dated June 9, 2020, Section 6 attached hereto and incorporated herein as Exhibit “A”.
2. Description of Supplies, Equipment, Materials, or Services. This CONTRACT is for the procurement service and maintenance for Traffic Signal Preventative Maintenance, Emergency Repair, and Non- Emergency Maintenance.
CONTRACTOR agrees to supply the item(s) more specifically set forth in the C ity of Thousand Oaks contract dated June 9, 2020, Page 16, Scope of Work , attached hereto and incorporated herein as Exhibit “A”.
3. Compensation and Payment.
A. The C
ITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices in Schedule of Fees, Exhibit “B”, Schedule “A”.
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ATTACHMENT A
10 2
B. Pay
ments to the CONTRACTOR shall be made within 30
days after receipt of an original invoice from the CONTRACTOR and accept ance of the goods and/or services by CITY.
C. In n
o event shall the total amount paid for this CONTRACT
exceed $580,000 (the “Not-To-Exceed Limit”) unless otherwise agreed to by the P arties in writing. CONTRACTOR acknowledges that CONTRACTOR is not guaranteed to receive the Not-To-Exceed Limit or any particular or minimum amount of compensation or work under this CONTRACT
4. CONTRACTOR Representations and Obligations.
A. CO
NTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
B. CO
NTRACTOR shall obey all Federal, State, local, and
special district laws, ordinances, and regulations.
C. CONT
RACTOR shall indemni fy, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.
D. CONT
RACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
5. Audit.
A. At
any time during normal business hours and as often as the CITY may reasonably deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. CIT
Y shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR.
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6. Hold Harmless and Indemnification. CONTRACTOR shall defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY , its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses , or damages arising out of this CONTRACT. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of this CONTRACT.
7. Amendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONTRACTOR.
8. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
9. Termination. If, during the term of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to C ONTRACTOR. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the reasonable value of its services pursuant to the applicable price or rate schedules in this CONTRACT (but in any event not to exceed the “Not -To-Exceed Limit) performed from the beginning of the period in which the breach occurs up to the day it received CITY 'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the N ot-To- Exceed limit.
10. Complete CONTRACT; Order of Precedence. This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the DocuSign Envelope ID: 9F40B089-F7E6-471A-935C-BF9DDBCBF6FE 12 4
Part
ies hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or repr esentation be binding upon the P arties hereto. In interpreting this CONTRACT, this CONTRACT shall take precedence over the Cooperative Contract.
11. Time of Performance. Time is of the essence in this CONTRACT.
12. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.
13. Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.
14. Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each Party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
15. Non-A ppropriation of Funds . Payments due and payable to CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY/DISTRICT has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
16. Taxpayer Identification Number . CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.
17. Permits and Licenses. CONTRACTOR, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.
18. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.
19. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither Party to this CONTRACT shall refuse to accept such mail; the P arties to this CONTRACT s hall promptly inform the other Party of any DocuSign Envelope ID: 9F40B089-F7E6-471A-935C-BF9DDBCBF6FE 13 5
change o
f address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:
CITY Cit
y of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Justin Link, Principal Engineer
(805) 583-6884
CONTRA
CTOR Econolite Systems, Inc.
1250 N. Tustin Avenue
Anaheim, CA 92807
Staff Contact: Rodney Mathis
(714) 630-3700
IN WI
TNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date.
Atte
st: City of Simi Valley, A Municipal
Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley
Appr
oved as to Form:
David L. Caceres
Interim City Attorney
Approved as to Content:
Brian Paul Gabler
City Manager
Econolite Systems, Inc.
By:
Print Name:
Title:
By:
Print Name:
Title:
Alison M. Phagan
Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
DocuSign Envelope ID: 9F40B089-F7E6-471A-935C-BF9DDBCBF6FE Vice President,Finance & Corporate Controller
Craig Christensen
Vice President
Rodney Mathis
14 EXHIBIT “A”
CONTRACT BETW
EEN THE CITY OF SIMI VALLEY AND
ECONOLITE SYSTEMS, INC., TO PROCURE SERVICE
AND MAINTENANCE FOR TRAFFIC SIGNAL
PREVENTATIVE MAINTENANCE, EMERGENCY REPAIR,
AND NON-EMERGENCY MAINTENANCE
CITY OF THOUS
AND OAKS CONTRACT DATED
JUNE 9, 2020
TERM: Section 6, Page 4
DESCRIPTION OF SERVICES: Scope of Work, Page 16
INSURANCE: Section 9, Page 6
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COST
INFORMATION
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
ECONOLITE SYSTEMS, INC., TO PROCURE SERVICE
AND MAINTENANCE FOR TRAFFIC SIGNAL
PREVENTATIVE MAINTENANCE, EMERGENCY REPAIR,
AND NON-EMERGENCY MAINTENANCE
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