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HomeMy WebLinkAboutC24881 Extension On-call Citywide Traffic Signal SupportREQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Approve Extension of Contract No. C24880 and Award C24881 to Republic ITS for On -Call Citywide Traffic Signal Support Services SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Republic ITS 1266 N. La Loma Circle Anaheim, CA 92806 DATE: October 12, 2006 CONTENTS: Letter of request from Republic ITS Name change letter from Republic ITS Agreement Recommendation: By minute motion, approve the extension of Contract No. C24880 by awarding C24881 to Republic ITS (formerly Republic Electric) of Anaheim, California for on -call traffic signal support services for fiscal year 2006-07, in an amount not to exceed $80,000.00, and authorize the City Manager to execute the same. Discussion: The use of outside consultants to supplement City staff in completing routine and/or specialized tasks is necessary for the smooth and efficient functioning of the City's traffic signal systems. On February 9, 2006 City Council awarded Contract No. 24880 to Republic Electric for on -call citywide traffic signal support services, in an amount not to exceed $40,000.00 and for the term of February 9 to June 30, 2006. By way of that same staff report, City Council authorized the City Manager to extend the agreement for up to one year. The Public Works Department has contacted Republic ITS regarding an extension; both parties are in agreement to extend the contract, granting a 5% increase in cost on all consumer products. Approve Extension Contract No. 24880 Republic ITS Page 2 of 2 October 12, 2006 Funds are available for this work in account number 110-4250-433-3325. Therefore, staff recommends that City Council approve the extension of Contract No. C24880 by awarding Contract No. C24881 to Republic ITS for fiscal year 2006-07, in an amount not to exceed $80,000.00, and authorize the City Manager to execute the same. Prepared By: Department Head; 'dark Diercks, P. . Transportation Engineer Approval: 41.410. Homer Croy ACM for D Carlos L. Orte City Manager MD/dhl pment Services Mark Greenwdod, P.E. Director of Public Works Paul S. Gibson Finance Director CITY COUNCIL APPROVED RECEIVED MEETING DATE AYES: NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File TION: DENIED OTHER City Clerk's Office G:\PubWorks\Staff Reports1200610ctober 1214 Extend Contract Republic ElectricWpprove Extension C24880 Republic E/ectnc.doc Contract No. C24881 AGREEMENT THIS AGREEMENT is made and entered into the City of Palm Desert on this 12th day of October, 2006, by and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY", and Republic Intelligent Transportation Services, Inc. (Republic ITS), referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on October 12, 2006, the CITY approved Contract No. C24881 to extend Contract No. C24880 for traffic signal maintenance services for City WHEREAS, pursuant to said invitation, CONTRACTOR submitted a proposal, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be from October 12, 2006 through June 30, 2007 or to such later date as may be agreed in writing between parties. (2) CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive an amount not to exceed the total sum Eiahtv Thousand Dollars and no/100 ($80,000.00) as set forth in the Contract Documents and adopted by the CITY. Method of payment shall be as agreed upon per the submitted proposal as incorporated by this reference. (3) CONTRACTOR'S OBLIGATION For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to furnish the services and to do everything required by this Agreement and the Specific Terms and Conditions. (4) HOLD HARMLESS AND INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold harmless The City of Palm Desert, its officials, officers, employees, representatives, and agents from and against all claims lawsuits, liabilities or damages of whatsoever nature arising out of our connection with, or relating in any manner to, any act or omission of CONTRACTOR, his agents, employees, and subcontractors and employees thereof in connection with, the performance or non- performance of this Agreement. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the City of Palm Desert, its official, officers, Page 1 of 6 Contract No. C24881 employees, agents, and representatives as to any such claims, lawsuits, liabilities or damages. (5) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by the CONTRACTOR and approved by the City Council of the CITY. (6) TERMINATION. If, during the term of this Agreement, 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; which notice must give CONTRACTOR a three-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation 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 said event, CONTRACTOR shall be entitled to the reasonable value of its services 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 offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion of 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 compensation quoted in its bid. The City Council may terminate the contract with 30 days written notice for any reason. (7) INCORPORATED BY REFERENCE. The Request for Proposal, dated December 25, 2005 and the Response to Request for Proposals, Traffic Signal Maintenance Support, dated January 20, 2006, prepared by Republic Electric, is attached as Appendix A and is hereby incorporated in and made a part of this Agreement. The Letter "On -Call Maintenance Contract Renewal 2006-07" dated September 20, 2006 prepared by Republic ITS is hereby incorporated in and made a part of this Agreement. (8) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically Page 2 of 6 Contract No. C24881 incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (9) ANTI -DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (10) AUDIT. CITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. (11) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, return receipt requested, addressed as follows: Office of the City Clerk CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 (12) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (13) AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. (14) INSURANCE 14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 14.2 Minimum Insurance Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against Page 3 of 6 Contract No. C24881 claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage. 14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employers' Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; 14.2.2 Minimum Limits of Insurance: Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this Contract/location and shall be $2,000,000; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease; 14.3 Insurance Endorsements: The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: 14.3.1 General Liability: (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work: and (2) the insurance coverage shall be primary and non-contributing insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. 14.3.2 Automobile Liability: (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contactor is responsible; and (2) the insurance coverage shall be primary Page 4 of 6 Contract No. C24881 insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. 14.3.3 Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. 14.4 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 14.5 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontracts shall be subject to all of the requirements stated herein. This section intentionally left blank; signature page to follow. Page 5 of 6 Contract No. C24881 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. CITY OF PALM DESERT A Municipal Corporation JIM FERGUSON, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY Republic ITS CONTRACTOR APPROVED AS TO CONTENT: MARK GREENWOOD, P .E. DIRECTOR OF PUBLIC WORKS Page 6 of 6 Republic ITS Intelligent Transportation Services September 20, 2006 Mr. Robert Becerra City of Palm Desert 73-510 Fred Waring Dr. Palen Desert, Ca. 92260-2578 Subject: On Call Maintenance Contract Renewal 2006-07 Dear Mr. Becerra: Republic Electric would like to request an extension on our agreement with the City for the on call maintenance of their traffic signals for an additional year. We would like to extend the existing agreement, however. due to the increase of gas prices we would like to increase the cost using a 5% CPI on all consumer products. We are all looking forward to a long working relationship with the City of Palm Desert and you. If there is anything I can assist you with, please feel free to call. incerely, J Petrie Project Manager Republic ITS Riverside Office (951) 784-6600 Phone (951) 784-6700 Fax (951) 784-6600 - Fax (951) 784-6700 - 2240 Business Way - Riverside, Ca. 92501 BOSTON - DALLAS • LOS ANGELES - SACRAMENTO - SAN FRANCISCO rr Republic ITS Intelligent Transportation Services Republic Electric has changed its name! September 1, 2006 Our new name is Republic Intelligent Transportation Services, Inc. — Republic ITS for short. For many years we have been much more than just an electrical contractor. Our name change reflects the result of our evolving business activities. In addition to traffic signal and street lighting maintenance (which remain at the core of our business) we have grown and developed a full-fledged Traffic Engineering and Consulting Services division. We also provide two facilities to support traffic signal component testing, repair and certification services. As a result of our longstanding, excellent relationships with many manufacturers of signal and streetlight equipment, we are also able to act as a materials distributor for you. Please watch for more information regarding our Materials Distribution business in the near future. This diverse, yet complementary set of services goes far beyond what an electrical contractor can offer. Our name change reflects our ability to provide you this expanded set of services. Republic ITS is not just an electrical contractor that handles streetlights and traffic signals. Republic ITS is an industry leading transportation services company, positioned to intelligently support all of your traffic and streetlight needs. For more information about our Engineering and Consulting Services, and our Test and Repair Services, contact us at 1-800-LIGHTS-ON (800-544-4876) or visit our website at www.RenubliclTS.com. Our dedicated management team and strong corporate structure remains unchanged. Our phone numbers and addresses are the same. Our email addresses have been updated from "electric" to "ITS". For your convenience, the old email addresses will continue to work for some time. As always, you can count on Republic ITS to provide the same outstanding services you have come to expect! Sincerely, S(KW IAA* &Vf Wade White President Dennis Walther V.P. Field Operations Jim Wagner V.P. Engineering (415) 884-3000 • Fax (415) 884-4800 • 371 Bel Nlarin Keys, Suite 200 • Novato, CA 94949 Boston • Dallas • Los Angeles • Sacramento • San Dicgo • San Francisco