03.12 Third Amendment Traffic Signal Emergency Response Serv �,��p��.9
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��� :c�* AGENDA ITEM
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G'�.••�°�4r�s,,e�-';:
`bU��°� J u ne 11, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Christopher Cash, Public Works Directo /
REVIEW: City Mana r Finance (�
1. SUBJECT
Third Amendment to Agreement with Siemens Industry, Inc., to provide emergency
response services for traffic signals and street lighting systems.
2. SUMMARY
Following a competitive procurement in August 2016, the City entered into a contract,
Agreement 6378, with Siemens Industry, Inc., to provide emergency response services
for traffic signals and street lighting systems. This Third Amendment would extend the
term of Agreement 6378 by one year, from August 2019 to August 2020.
3. RECOMMENDED ACTION
Approve Third Amendment to Agreement 6378 with Siemens Industry, Inc., for
emergency response services for traffic signals and street lighting systems in an amount
not-to-exceed $80,000 and authorize the Mayor and City Clerk to execute on behalf of
the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $80,000 and will be funded through the
General Fund (100).
5. STRATEGIC PLAN GOALS
� Goal1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
In August 2016, Siemens Industry Inc., (Siemens) was awarded a contract, Agreement
6378, on a competitive basis, for emergency response services for traffic signals and
street lighting systems.
The contract provisions allow for three one-year extensions beyond the initial one-year
term, if mutually agreed upon by both parties. This is the third, and final, contract
ITEM �� � 06/11/2019
extension, which would enable Siemens to continue providing critical emergency traffic
signal and street lighting systems services until August 2020. The Contractor has
requested a 2% fee increase, which is also allowable under the contract provisions.
Emergency traffic signal and street lighting services are those beyond the scope of routine
maintenance, and generally require specialized equipment and resources that are not
economical for the city to provide for itself. The types of incidents that constitute an
emergency condition include signal or street light"knock-downs,"failure or malfunction of
the traffic signal system, interruption of normal signal operation due to vehicle collisions,
power outages, and other similar circumstances. Under these conditions, the contractor
will provide its own resources and materials to immediately restore traffic signal
operations in a safe and efficient manner.
Staff recommends the annual extension of Siemens' contract to ensure continuation of
emergency response services until August 2020. Siemens has the expertise and
resources to adequately serve the City's needs. Moreover, Siemens has demonstrated
responsiveness and effectiveness in performing the requirements of this contract.
7. ATTACHMENTS
1. Third Amendment to AGR-6378
2. Siemens' Letter of Request for contract Extension and Fee Increase
ITEM 2 06/11/2019
THIRD AMENDMENT
TO
CONTRACT
THIS THIRD AMENDMENT TO CONTRACT (the "Third Amendment") is made and
entered into as of , 2019, by and between the CITY OF ORANGE, a
municipal corporation ("City"), and SIEMENS INDUSTRY, INC., a Delaware corporation,
("Contractor"), with reference to the following:
A. City and Contractor entered into that certain Contract (Agreement No. 6378) dated as
of August 9, 2016 (the "Original Contract"); and
B. City and Contractor later amended the Original Contract by that certain First
Amendment to Contract, dated as of June 13, 2017 (Agreeinent No. 6378.1) (the "First
Amendment"), to revise the Scope of Services, extend the term and increase the compensation; and
C. City and Contractor later amended the Original Contract by that certain Second
Amendment to Contract, dated as of August 14, 2018 (Agreement No. 6378.2) (the "Second
Amendment"), to extend the term and increase the compensation. The Original Contract, the First
Amendment, and the Second Amendment are incorporated herein by this reference; and
B. City and Contractor desire to further amend the Original Contract to extend the term
and increase the compensation.
NOW, TI3EREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor hereby agree that all references in
this Third Amendment are deemed and construed to refer to the Original Contract, as implemented
by this Third Amendment.
Section 3. Third Extension Term. Upon expiration of the Second Extension Term on
August 8, 2019, Article I (3) of the Original Contract is hereby amended to reflect the Third
Extension Term commencing on August 9, 2019 and terminating on August 8, 2020.
Section 4. Comqensation. The total not-to-exceed compensation for the services to be
rendered as set forth in Article III of the Original Contract is increased by EIGHTY THOUSAND
DOLLARS and 00/100 ($80,000.00) and Article III is hereby amended in its entirety to read as
follows:
i
"Contractor's total compensation for all services performed under this Contract
shall not exceed TWO HiJNDRED THOUSAND DOLLARS and 00/100
($200,000.00) as full compensation for furnishing all materials and doing all the
Work contemplated and embraced in this Contract; also for all loss or damage
arising out of the nature of the Work, or from the acts 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 the City, and all risks of every
description connected with the Work, also for all expenses incurred by or in
consequence of the suspension or discontinuance of the Work, and for well and
faithfully completing the Work, and for the whole thereof, in the manner and
according to Exhibit "C", and requirements of the Authorized City Representative
under them."
Section 5. Integration. This Third Amendment amends, as set forth herein, the Original
Contract, the First Amendment, the Second Amendment and, except as specifically amended hereby,
the Original Contract and all amendments shall remain in full force and effect. To the extent that
there is any conflict or inconsistency between the terms and provisions of this Third Amendment and
the terms and provisions of the Original Contract and/or the amendments, the terms and provisions
of this Third Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank;signatures on next pageJ
2
IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day
first above written.
"CONTRACTOR" CITY"
SIEMENS INDUSTRY, INC., CITY OF ORANGE, a municipal corporation
a Delaware Corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
ATTEST:
�By.
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (I) the Chairman of the Board, the President or a Vice-President,AND (2) the SecYetary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more thah
one corporate office,please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreemen� A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement,must be provided to the City.
3
�' �� ��� Siemens Industry Inc.
1026 E:Lacy Ave
Anaheim,Califomia fl2805
714.456.9902
714.456.9905 Fax
www.usa-siemens.corn/mobiliry
May 16,2019
Jimmy Rocha
l'raffic Operations Superintendent
Ciry of Orange
300 E.Chapman Ave.
Orange,CA 92866
Subject:On Call Emergency Malntenance Contract extenston&(2.0%)CPI Increase Request
Dear Mr:Rocha,
Please consider this letter as a fonnal request for the Third extension of our current"On Call"Emergency
Maintenance Contract We are requesting an extension for an additional year which wfll extend the current
contract through August S�,2020.At this time,we are reques6ng an inc�ease based upon the current CPI
(2.0°/a)which.we have atlached for your reference.An updated rate schedule ts attached.Pfease note that
the current rate schedule will remain in place unti(the end of the current Extension August 8,2019.
We feel we have completed another successful and mutually beneficfal year with the C(ty of Orange.We
thank you for your business and we are looking forward to continue servicing the Gity of Orange.
Thank You,
�1=-.°' A��-
��
If you have any questions please feel free to call me.
Jeffrey A.Pierce
Service Operations Supervisor
Siemens Industry,inc.MOlITS/CS
7he foregoing offer is hereby accepted this,�_day of�2019.
CI'IY OF ORANGE
By:
Title: �^����
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City of Orange � , _ _.. .; - . _
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�Traffrc;SignalEmergencyResponse:Services -: ` ' ~
4/19/2019 Proposed Rates ,, '
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Labor .
• • s `� 9 z920 2 0:-% . .
r ,2079 2620 2 0% � : �Ul,
� Currerit Inci easeItegula► Cqrrent 2019 ZOZQ 2 U%o Cdrrent `
`` !Descri tion ';= � `-Re ulai,:1'ime �--T�me $ �� � ,: ,:+ Increase ' _
-.. g . -� . ,. ,_ ,Oyertime ,„ � Ov;el't�me ;; Pie.mium Time 'Pxe►ii�um Ttme:.:, .
Supeiintendent � � .$ 102.00 '$ 104:04 N/A: �
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Workmg:Foreman :'. ; $ 102.00 $. 104.04: $ 134:64 $ p37.33 $ N/ 163:2:0 :$ i66,d6 .
Signal.MaintenancaWcsrker
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:$ 969:Q � , 98:89 .$ 127:$0. $ 730:05 $ 158:10 $ 16�.;�6
Sfr�et Ligtit Maintenance Workcr $ 76:50 $ 78:03'` $ 9]:$G $ 93.64 $ I 12:20 $ 114:�14
Latiorer:.. . $ 74.4� $ 75::95: $_ 90;87. .$ 92.69 $ .. . 107:I0. $. 109.24.
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