CC SR 20180515 I - Econolite Agmt Amendment for Traffic Signal MaintenanceRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/15/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action authorizing an amendment to the Traffic Signal
Maintenance Contract agreement with Econolite Systems.
RECOMMENDED COUNCIL ACTION:
(1) Authorize Amendment No. 1 to the Traffic Signal Maintenance Contract
agreement with Econolite Systems to increase the contract by $129,000.
FISCAL IMPACT: $0. The request is to increase only the contract amount, not the
budgeted amount.
Amount Budgeted: $121,910
Additional Appropriation: N/A
Account Number(s): 202-400-3120-5201 ($10,000)
211-400-0000-5201 ($111,910)
ORIGINATED BY: Nadia Carrasco, Assistant Engineer
REVIEWED BY: Elias K. Sassoon, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No.1 to the Traffic Signal Maintenance Contract agreement
with Econolite Systems (page A-1)
BACKGROUND AND DISCUSSION:
On October 3, 2017, the City Council awarded a Traffic Signal Maintenance
Agreement to Econolite Systems in the amount of $121,910. This contract allows for
extraordinary maintenance and routine preventative maintenance, monthly inspection
of signal equipment, safety lighting and signal operations to 15 signalized
intersections, 5 flashing beacons and one pedestrian-activated signalized crossing.
Extraordinary maintenance includes signal malfunctions, emergency response,
damaged lights, pole and equipment repairs and replacement.
Although no additional appropriation is required as the City is expecting a credit from
Econolite, the contract amendment is needed to be able to continue with the
provisions of the current contract and to perform the following necessary work:
1
Econolite Traffic Signals Maintenance Agreement
Maintenance Type Location Cost
CO
M
P
L
E
T
E
D
Replacement of various traffic signal
equipment/components due to a traffic
collision
Crenshaw Blvd & Indian Peak Rd $ 32,400
PR
O
P
O
S
E
D
Installation of an Emergency Vehicle
Pre-Emption Equipment Indian Peak & Crenshaw Blvd $ 10,500
Installation of two traffic signal
controllers at two locations
Hawthorne Blvd & Granvia Altamira
Hawthorne Blvd & PVDW $ 12,600
Signal modification improvements to
allow U-turn movement for west bound
traffic along Hawthorne Blvd. onto
Highridge Rd.
Hawthorne Blvd & Highridge Rd $ 22,000
Installation of a battery back-up w/
external cabinet PVDS & Terranea Way $ 11,500
M
a
i
n
t
.
Op
e
r
a
t
i
o
n
s
Regular Maintenance Operations for
the remainder of the FY 17-18 Citywide $ 40,000
Total Contract Amendment $129,000
It is the City’s practice to do its due diligence to collect for damages due to traffic
collisions whenever possible. However, this process is lengthy and the reimbursement
might take months or years.
Staff recommends that the City Council approve Amendment No. 1 to increase the
contract for traffic signal maintenance services from $121,910 to $250,910, an increase
of $129,000. This will provide City Staff with the necessary funds to continue with
normal contract operations and to complete the remaining traffic signal repairs and
improvements. This is a one-time change to the contract for the remainder of FY17-18.
And thus, the original contract amount of $121,910 will resume for FY18-19. This
amendment to the agreement has been reviewed and approved by the City Attorney’s
Office.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Discuss other options which may be appropriate in lieu of Staff’s
recommendation.
2
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
(“Amendment”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and
Econolite Systems (“Contractor”) is effective as of the 17th day of April, 2018.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated October 3, 2017 (“Agreement”) whereby Contractor agreed to provide Traffic Signal
Maintenance Services for the project entitled Traffic Signal Maintenance Contract FY 2017-2018
Through FY 2021-2022.
B. City and Contractor now desire to amend the Agreement to increase the not-to-exceed
amount for Fiscal Year 2017-2018 by $129,000 to $250,910.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in strike through).
(a) Section 2.1, Contract Sum, is hereby amended to read as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit
“C” and incorporated herein by this reference. The total compensation, including
reimbursement for actual expenses shall not exceed Four Hundred Eighty Seven
Thousand Six Hundred Forty Dollars ($487,640) Two Hundred Fifty Thousand
Nine Hundred and Ten Dollars ($250,910) (the “Contract Sum”), unless additional
compensation is approved pursuant to Section 1.10.”
(b) Section VI. of Exhibit “C”, Schedule of Compensation, is hereby amended to
read as follows:
“VI. The total compensation for fiscal year 2017-2018, ending June 30, 2018, shall
not exceed $121,910 $250,910. The total compensation for the full term of the
Agreement shall not exceed $487,640 $250,910, as provided in Section 2.1 of the
Agreement.”
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the
date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean
the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
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arising under the Agreement. Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is not
in default of any material term of the Agreement and that there have been no events that, with the
passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment, Contractor
is not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and
deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is
formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does
not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
Susan M Brooks, Mayor
ATTEST:
_________________________________
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
Dave Aleshire, City Attorney
CONTRACTOR:
ECONOLITE SYSTEMS
By: ________________________________
Name:
Title:
By: ________________________________
Name:
Title:
Address: ____________________________
______________________________
______________________________
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
STATE OF CALIFORNIA )
COUNTY OF XXXX )
On ______________________ before me,
Date Here Insert Name and Title of Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY
under the laws of the State of California
that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
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