05 Staff Report -Signal and Street Light Maintenance~pW H 0
lpS GAMS
DATE:
TO:
FROM:
SUBJECT
MEETING DATE: 6/19/06
ITEM NO.
COUNCIL AGENDA REPORT
JUNE 14, 2006
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
SIGNAL AND STREET LIGHT MAINTENANCE
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE CONTRACT AGREEMENT WITH
REPUBLIC ELECTRIC TO PROVIDE SIGNAL AND STREET LIGHT
MAINTENANCE SERVICES IN THE TOWN OF LOS GATOS
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute an amendment (Exhibit
A) to the contract agreement (Attachment 2) with Republic Electric to provide signal and street light
maintenance services in the Town of Los Gatos.
BACKGROUND:
The Town of Los Gatos has been using contractors to assist the Town in the Traffic Signal and Street
Light Preventive Maintenance and Repair Program. These contractors are reviewed each year by the
appropriate Town department and staff to insure that we are satisfied with the services provided and
that Town residents receive quality service.
On September 19, 2005, the Town Council authorized the Town Manager to execute a contract
agreement with Republic Electric to provide signal and street light maintenance services. Their
contract will expire on June 30, 2006.
Staff prepared a request for proposals and interviewed three firms last year and selected Republic
Electric as the most qualified firm with very competitive rates to provide the maintenance service
for the Town.
PREPARED BY: OHN E. CURTIS
Director of Parks and Public Works
Reviewed by: Assistant Town Manager Attorney Clerk Administrator
Finance ~ _ Community Development Revised: 6/14/06 2:59 pm
Reformatted: 5/30/02 N:AMEACOUNCIL REPORTS\republic.electricsignal.maint.agr.2006-2007.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SIGNAL AND STREET LIGHT MAINTENANCE
JUNE 14, 2006
DISCUSSION:
Republic Electric has been working for the Town for several years and is very familiar with the
Town and its signal and street light related issues. The Town is happy with their services and desires
to continue working with this contractor. Republic Electric is the most qualified company with the
most resources and the lowest maintenance cost to the Town.
CONCLUSION:
It is recommended that the Council adopt the attached Resolution authorizing the Town Manager
to execute an amendment to the Contract Agreement to extend the agreement with Republic Electric
for one more year. The billing rates for Republic Electric will be adjusted for FY 2006-07 by the
Consumer Price Index (CPI) at 3.16%, which is consistent with similar contracts and rate increases
we have for FY 2006-07 (Attachment 4).
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of the
State CEQA guidelines.
FISCAL IMPACT:
Sufficient funds are available for this agreement in the FY 2006/07 adopted budget - Streets Program
5050.
Attachments:
1. Resolution approving amendment to the contract agreement (Exhibit A) with Republic Electric
2. Original Contract Agreement dated October 12, 2005
3. Cost Proposal for Annual Maintenance Cost and Unit Cost for Various Repair Items
4. Email (PDF) file from Republic Electric dated June 13, 2006
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AMENDMENT TO THE CONTRACT AGREEMENT WITH
REPUBLIC ELECTRIC
TO PERFORM SIGNAL AND STREET LIGHT MAINTENANCE
IN THE TOWN OF LOS GATOS
WHEREAS, it is necessary for the Council to secure a contractor to provide Signal
and Street Light Maintenance services in the Town of Los Gatos; and
WHEREAS, the Town Council has selected the firm of Republic Electric to provide
contract services in connection with Signal and Street Light Maintenance services and desires to
extend their contract for one more year; and
WHEREAS, the billing rates for Republic Electric will be adjusted for FY 2006-07
by the Consumer Price Index (CPI) at 3.16%,
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town of
Los Gatos hereby approves the attached amendment to the Contract Agreement (Exhibit A) with the
firm of Republic Electric to provide services in connection with Signal and Street Light
Maintenance; and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute said amendment to the Contract Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos held on the I9`" day of June, 2006, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS Attachment I
LOS GATOS, CALIFORNIA
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this day of
2006, by and between the Town of Los Gatos, State of California, herein called "Town," and
Republic Electric, herein called "[Contractor]."
RECITALS
A. Town and Contractor entered into an agreement to provide Signal and Street Light
Maintenance services on October 12, 2005 ("Agreement"), a copy of which is attached hereto
as (Exhibit A) and incorporated herein by reference.
B. The Amendment is necessary to assist the Town in the Traffic Signal and Street Light
Preventive Maintenance and Repair Program.
AMENDMENT
1. The Agreement is hereby amended to extend the agreement for a period of one more year
from July 1, 2006 through June 30, 2007.
2. The Agreement is hereby amended to adjust the billing rates for Republic Electric for FY
2006-07 by the Consumer Price Index (CPI) at 3.16%.
3. All other terms and conditions of the Agreement of October 12, 2005 remain in full force and
effect.
IN WITNESS WHEREOF, the Town and Contractor have executed this Amendment to
the Agreement as of the date indicated on page one (1).
Town of Los Gatos, by:
By: Republic Electric
371 Bel Marin Keys Boulevard - #200
Novato, CA 94949-5699
Debra J. Figone, Town Manager
Town of Los Gatos
Recommended by:
John E. Curtis (Signature)
Director of Parks and Public Works
Approved as to Form:
Orry P. Korb, Town Attorney (Print Name)
ATTEST:
Marlyn Rasmussen, Clerk Administrator
Exhibit A
IT
TOWN OF LOS GATO5
Form of Contract Agreement I i I H j
For ORD yD ;
TRAFFIC SIGNAL AND STREET LIGHT PREVENTATIVE )NIAINTENANCE AND
REPAIR RESo
PROGRAM 2005-06
This Agreement is made and entered into this /2 day of 2005 by and between the Town
of Los Gatos (hereinafter called Town) and Republic Electric (hereinafter called Republic).
Witnesseth, that the Town and Republic, for the considerations hereinafter named, agree as
follows:
I - Scope of Work
Republic hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled: Signal and Street Light Maintenance Services, 200512006, all in
accordance with the requirements and provisions of the Contract Documents as defined in the
Special Provisions (Exhibit B) which are hereby made a part of this Agreement.
II - Time of Completion
(a) The work to be performed under this Contract shall be commenced with five (5) calendar
days after the date of written notice by the Town to Republic to proceed.
(b) The work shall be completed between September 1, 2005 and June 30, 2006, and after tlhe
date of such notice and with such extensions of time as are provided for in the General
Conditions.
(c) At the discretion of the Town, this contract can be renewed for up to three subsequent
two year terms at the same costs with Republic's consent.
III - Liquidated Damages
It is agreed that, if the work required by the contract is not finished or completed within the
specified time limits as set forth in the Special Provisions and the contract, damage will be
sustained by the Town, and that it is and will be impracticable and extremely difficult to ascertain
and determine the actual damage which the Town will sustain in the event of and by reason of
such delay; and it is therefore agreed that Republic will pay to the Town, $500 per hour, as
specified in the special provisions; and Republic agrees to pay said liquidated damages herein
provided for, and further agrees that the Town may deduct the amount thereof from any moneys
due or that may become due Republic under the contract.
IV -Insurance
Section 4.1 - Republic's Insurance
Republic shall maintain throughout the term of the agreement the following insurance coverage,
and upon request shall provide Republic certificates of policies evidencing the following
coverage:
1. Workers' compensation coverage in accordance with the laws of the State of Service.
2. Commercial general liability insurance with the following minimum limits of liability:
• $1,000,000 Each occurrence
• $2,000,000 General aggregate Attachment
• $2,000,000 Products aggregate
® 1~ t nnn nnn Dares,, l -A
I Contractual liability insurance with minimum Limits of S 1,000,000.
4. Comprehensive automobile liability insurance with the minimum limits of liability at
x,1,000,000 combined single limit.
All insurance policies shall be written by reputable companies, authorized to issue insurance in
the State where work is performed, and shall name Republic as an additional insured party by
primary insured endorsement to such policies. Each policy shall provide that it will not be
canceled or amended except after thirty (30) days advance written notice to Republic, mailed to
the address indicated in the Agreement.
V - Indemnification and Liability
Section 5.1 - Indemnification by Republic
Not withstanding the provisions of Section 5.4 herein, Republic shall be liable for any claim,
lawsuit, or damage to the property or facilities of the Town that results from an error or omission
by Republic. Republic shall indemnify, defend and hold harmless the Town and its officers,
directors, affiliates, agents, and employees from and against all claims, actions, damages, losses,
and expenses, including reasonable attorneys' fees and disbursements, arising out of or resulting
from a breach of this Agreement or the performance of the services performed under this
Agreement, provided that such claim, actions, damage, loss or expense is caused in whole or in
part by any act or omission of Republic, or any subcontractor of Republic, or anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
Section 5.2 - Third Party Claims
Promptly after the receipt by a party to this Agreement of notice of any claim, action, suit or
proceeding by any person who is not a party to this Agreement (collectively, an "Action") which
is subject to indemnification, such party (the "Indemnified Party") shall give reasonable written
notice to the party from whom indemnification is claimed (the "Indemnifying Party." The
Indemnified Party's failure to so notify the Indemnifying Party of any such matter shall not
release the Indemnifying Party, in whole or in part, from its obligation to indemnify under this
Agreement, except to the extent the Indemnified Party's failure to so notify actually prejudices
the Indemnifying Party's ability to defend against such action. The Indemnified Party shall be
entitled, at the sole expense and liability of the Indemnifying Party, to exercise full control of the
defense, compromise or settlement of any such action unless the Indemnifying Party, within a
reasonable time after the giving of such notice by the Indemnified Party, shall:
1. Admit to the Indemnified Party, the Indemnifying Party's liability to the Indemnified Party for
such action under the terms of the Agreement.
Notify the Indemnified Party in writing of the Indemnifying Party's intention to assume the
defense, and;
Retain legal counsel reasonably satisfactory to the Indemnified Party to conduct the defense of
such action.
PaaP 2 of S
M
The indemnified Party and the Indemnifying Party shall cooperate with the party assuming the
defense, compromise or settlement of any such action in any manner that such party reasonably
may request. If the Indemnifying Party so assumes the defense of any such action, the
Indemnified Party shall have the right to employ separate counsel and to participate in (but not
control) the defense, compromise, or settlement, but the fees and expenses of such counsel shall
be the expense of the Indemnified Party unless:
a. The Indemnifying Party has agreed to pay such fees and expenses.
b. Any relief other than the payment of money damages is sought against the Indemnified party
or
c. The Indemnified Party shall have been advised by its counsel that there may be one or more
legal defenses available to it, which are different from or additional to those available to the
Indemnifying Party, and in any such case the fees and expenses of such separate counsel shall
be borne by the Indemnifying Party.
No Indemnified Party shall settle or compromise or consent to entry of any judgment with respect
to any such Action for which it is entitled to indemnification hereunder without the prior written
consent of the Indemnifying Party, unless the Indemnifying Party shall have failed, after
reasonable notice, to undertake control of such action in the manner provided above in this
section. No Indemnifying Party shall, without the written consent of the Indemnified Party, settle
or compromise or consent to entry of any judgment with respect to any action in which any relief
other than the payment of money damages is sought against any Indemnified Party unless such
settlement, compromise or consent includes as an unconditional term thereof the giving by the
claimant, petitioner or plaintiff, as applicable, to such Indemnified Party of a release from all
liability with respect to such action.
Section 5.3 - Liability for Damaged Facility
In the event of any damage to Town property, which in the opinion of the Town may be related to
the services performed hereunder, Town shall immediately (after making the site safe) but no
later than 12 hours notify Republic to investigate such damage, and Republic shall submit a
written investigation report to Town within 10 business days. If Republic is notified of damage
later than 12 hours, Republic will still investigate but will not be held liable to Town's property.
Should the investigation reveal that the damage resulted directly from an error or omission of
Republic, or because Republic failed to perform work within reasonable accuracy as defined
herein, Republic shall reimburse Town for repair and restoration costs of said facility not to
exceed $1,000 per incident. Republic shall not be responsible for down time/delays due to any
facility damages.
VI - The Contract Sum
The Town will pay to Republic Electric for the performance of the Contract annual maintenance
costs of $74,109 per total number of traffic signals and street lights as shown on (Exhibit B).
Any work outside of the regular scheduled maintenance shall be paid based of unit costs for
various items as shown on (Exhibit B).
VII -Payments
Republic shall bill the Town monthly for routine preventive maintenance, and as performed for
all other work.
VIII - Acceptance and Final Payment
(a) upon receipt of written notice that the work is ready for final inspection and acceptance,
the Engineer shall within 5 days make such inspection.
(b) Before final payment is due, Republic shall submit evidence satisfactory to the Engineer
that all payrolls, material bills, and other indebtedness connected with work have been
paid, except that in case of disputed indebtedness or liens Republic may submit, in lieu of
evidence of payment, a surety bond satisfactory to the Town guaranteeing payment of all
such disputed amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all claims by
the Town, other than those arising from any of the following: (1) unsettled liens; (2)
faulty work appearing within 12 months after final payment; (3) requirements of the
specifications; or
(4) manufacturers' guarantees. It shall also constitute a waiver of all claims by Republic,
except those previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof is materially
delayed through no fault of Republic, and the Engineer so certifies, the Town shall upon
certificate of the Engineer, and without terminating the Contract, make payment of the
balance due for that portion of the work fully completed and accepted.
Such payment shall be made under the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
IN WITNESS WHEREOF, Town and Republic have caused their authorized representatives to
execute this Agreement the day and year first written above.
TOWN OF LOS GATOS: REPUBLIC:
i'`'ce-v ~ ✓ \ r-~--i
C5
Debra Y.'Fi' one ~S nature)
Town Mana"er s
RECOMMEND BY:
(Print Name) V P
Soh E. Curtis
Di ctor of Parks and Public Works
-;3-+1 2~,j, , 1 ~s , ~2co
(Address, City, State, Zip) ,r
APPROVED AS TO FORM:
-O'rry P. Korb
Town Attorney
6A-7:)r ( S
(Contractor's License Number)
ATTEST:
Marlyn as sen /Z'//
Clerk Administrator
Los Gatos TS and SL Maintenance - RFP
Proposed FY 06-07 Rates
A. STREETLIGHT MAINTENANCE AND REPAIR - FLAT RATES
1. Monthly Rates $ 1.33 per streetlight
B. TRAFFIC SIGNAL PREVENTATIVE MAINTENANCE - FLAT RATES
Option 1
1. Monthly PM $ 101.10
2. Semiannual PM (Including Monthly) $ 204.26
3. Annual PM (Including Semiannual) $ 616.90
Option 2
1. Monthly PM $ 67.05
2. Semiannual PM (Including Monthly) $ 170.21
3. Annual PM (Including Semiannual) $ 582.85
C.
LABOR RATES FOR EXTRA WORK
RT
1.5X
2X
Traffic Signal Maintenance Electrician - Foreman
$
96.97
$ 137.20
$ 177.44
Traffic Signal Maintenance Electrician
$
86.65
$ 121.73
$ 155.77
Laborer
$
55.71
$ 82.53
$ 82.53
D.
EQUIPMENT RATES FOR EXTRA WORK
Hourly
Per Job
Bucket Truck
$
25.79
$ 103.16
Crane
$
56.74
$ 206.32
Dump Truck
$
15.47
$ 61.90
Compressor with tools
$
15.47
$ 61.90
E.
MISC. STREETLIGHT SERVICES
1. Convert Merc. Vapor Fixture to HPS
$
283.69
EA
2. Annual Relamping - Lamp and Photocell
$
39.20
EA
F.
MISC. TRAFFIC SIGNAL SERVICES
1. Cabinet Test/Certify - 21 day
$
980.02
EA
2. Loops
a. 6x6
1. 1 to 4
$
618.96
EA
2. 5 to 8
$
500.33
EA
3. 9 or more
$
438.43
EA
b. 6x15
$
-
1. 1 to 4
$
928.44
EA
2. 5 to 8
$
902.65
EA
3. 9 or more
$
876.86
EA
c. 6x30
$
-
1. 1 to 4
$
1,237.92
EA
2. 5 to 8
$
1,134.76
EA
3. 9 or more
$
1,083.18
EA
d. 6x2 - bicycle loop 1 to 4
$
618.96
EA
3. LED Modules (Gelcore or approved eq.)
$
-
a. For Non-PV Heads
$
-
1. Red
$
115.54
EA
2. Yellow
$
125.86
EA
Attachment 3
Los Gatos TS and SL Maintenance - RFP
Proposed FY 06-07 Rates
A. STREETLIGHT MAINTENANCE AND REPAIR - FLAT RATES
1. Monthly Rates $ 1.33 per streetlight
B. TRAFFIC SIGNAL PREVENTATIVE MAINTENANCE - FLAT RATES
Option 1
1. Monthly PM $ 101.10
2. Semiannual PM (Including Monthly) $ 204.26
3. Annual PM (including Semiannual) $ 616.90
Option 2
1. Monthly PM $ 67.05
2. Semiannual PM (Including Monthly) $ 170.21
3. Annual PM (Including Semiannual) $ 582.85
C.
LABOR RATES FOR EXTRA WORK
RT
1.5X
2X
Traffic Signal Maintenance Electrician - Foreman
$
96.97
$ 137.20
$ 177.44
Traffic Signal Maintenance Electrician
$
86.65
$ 121.73
$ 155.77
Laborer
$
55.71
$ 82.53
$ 82.53
D.
EQUIPMENT RATES FOR EXTRA WORK
Hourly
Per Job
Bucket Truck
$
25.79
$ 103.16
Crane
$
56.74
$ 206.32
Dump Truck
$
15.47
$ 61.90
Compressor with tools
$
15.47
$ 61.90
E.
MISC. STREETLIGHT SERVICES
1. Convert Merc. Vapor Fixture to HPS
$
283.69
EA
2. Annual Relamping - Lamp and Photocell
$
39.20
EA
F.
MISC. TRAFFIC SIGNAL SERVICES
1. Cabinet Test/Certify - 21 day
$
980.02
EA
2. Loops
a. 6x6
1. 1 to 4
$
618.96
EA
2. 5 to 8
$
500.33
EA
3. 9 or more
$
438.43
EA
b. 6x95
$
-
1. 1 to 4
$
928.44
EA
2. 5 to 8
$
902.65
EA
3. 9 or more
$
876.86
EA
c. 6x30
$
-
1. 1 to 4
$
1,237.92
EA
2. 5 to 8
$
1,134.76
EA
3. 9 or more
$
1,083.18
EA
d. 6x2 - bicycle loop 9 to 4
$
618.96
EA
3. LED Modules (Gelcore or approved eq.)
$
-
a. For Non-PV Heads
$
-
1. Red
$
115.54
EA
2. Yellow
$
125.86
EA
Attachment 3
June 13, 2006
City of Los Gatos
Attn: Jesse Pu
P.O. Box 655
Los Gatos, CA 95031
Dear Mr. Pu,
Pursuant to paragraph 3.1 of the contract for Traffic Signal Maintenance between
Republic Electric and the City, Republic Electric is authorized to adjust our pricing
annually to account for inflation. Republic Electric has calculated the CPI rate increase
for the upcoming fiscal year based on April 2005 to April 2006, as shown below. All
other pricing for additional work performed under the contract will be adjusted similarly.
Enclosed please find a copy of the CPI data used as the basis of our calculation.
2005-2006
% Increase
2006-2007
per Intersection
based CPI
per Intersection
Bi-Monthly Rate
Data
Bi-Monthly Rate
$98.00
3.16%
$101.10
If you should have any questions regarding this price increase, or our methods of
calculation, please do not hesitate to contact me at 415-884-3000. We look forward to
continuing to serve the City of Los Gatos.
Sincerely,
Tricia Companey
Accounts Receivable Specialist
Attachment 4
R 1 115 1 S. N