HomeMy WebLinkAbout2/21/2018 - STAFF REPORTS - 1.O. 40�?ILLM 8.0
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C �/FO q RN�P City Council Staff Report
Date: February 21, 2018 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT SERVICES
AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL
TRAFFIC SIGNAL MAINTENANCE SERVICES
From: David H. Ready, City Manager
Initiated by: Department of Engineering Services
SUMMARY
This action requests Council approval of Amendment No. 1 to the Contract Services
Agreement with St. Francis Electric, LLC, a California limited liability company, to
increase the maximum annual contract amount by $225,000 to a maximum annual
amount of $605,000 for traffic signal and electrical system maintenance services at the
City's various traffic signals.
RECOMMENDATION:
1. Approve Amendment No. 1 to Contract Services Agreement No. 6858 with St.
Francis Electric, LLC, a California limited liability company, increasing the maximum
annual contract amount by $225,000 for a maximum annual contract amount of
$605,000 for Traffic Signal Maintenance Services; and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A search of records available through the Secretary of State of California shows that
Articles of Organization for St. Francis Electric, LLC, a California limited liability
company were filed on December 11, 2014. A Statement of Information filed on
December 29, 2014, identifies Guy Smith as the CEO, and A&G Infrastructure, Inc., and
St. Francis Electric, Inc., as its Managers.
A Statement of Information filed on September 19, 2017, for St. Francis Electric, Inc., a
California corporation, identifies Robert Spinardi as the CEO, and Karla Brauer as
Secretary/CFO, with Robert Spinardi as the Director.
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City Council Staff Report
February 7, 2018- Page 2
Approve Amendment 1 to A6858
According to information provided by St. Francis Electric, LLC, its ownership consists of
the following: 70% interest by St. Francis Electric, Inc., (100% owned by Robert
Spinardi); and 30% interest by A&G Infrastructure, Inc., (50% owned by Andrew
Amador, 50% owned by Guy Smith).
STAFF ANALYSIS:
On June 1, 2016, City Council approved Contract Services Agreement (A6858) with St.
Francis Electric, LLC, to provide On-Call Traffic Signal Maintenance Services
throughout the City. Through this contract, St. Francis Electric provides 24 hour / 7 day
per week on-call routine preventive maintenance, emergency repairs, and non-
emergency maintenance of all of the City's various traffic signals and equipment.
On-call traffic signal maintenance services are established a fixed cost for routine
preventative maintenance of traffic signals at a per location cost, as well as their labor
and equipment rates, and mark-up, for unscheduled work, extra work and all other
emergency repairs reimbursed at a time/materials cost basis.
However, the vast majority of traffic signal maintenance services performed for for the
City occur as emergency work. This emergency work consists of responding to reports
of malfunctioning signals, lights out, installing new equipment as requested and traffic
accidents. Emergency services are reimbursed on the basis of the agreed Schedule of
Fees for labor and equipment included in the contract.
The annual cost for traffic signal maintenance services fluctuates depending upon the
nature and type of signal malfunction or repairs, and traffic accidents affecting the City's
traffic signal equipment. Historically, the City has established an annual budget of
$380,000 for traffic signal maintenance services. Typically those funds are sufficient to
cover routine monthly preventive maintenance and a moderate level of emergency
response services typically related to one or two accidents affecting the City's traffic
signals.
In this last year, there have been an extraordinarily high number of traffic collisions
requiring emergency repairs and replacements. Traffic collision related repairs,
replacements and service costs have reached a total of $184,068.34 which is not
accommodated in the annual budget established for typical on-call traffic signal
maintenance. In this case, an additional budget of $225,000 will be necessary to
accommodate the remainder of the fiscal year, and assumes no further traffic collisions
will occur.
When a traffic collision occurs resulting in injury or property damages the Police
Department prepares a traffic collision report, which documents the location and time of
incident, all parties involved, insurance company information, and the cause as
identified by the Police Department. This report is used as supporting documentation for
property damage claims submitted to the responsible party's insurance company in
order to recover expenses. Once the repairs are complete all related invoices are
collected and an invoice is submitted to the insurance company for payment. This
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City Council Staff Report
February 7, 2018-Page 3
Approve Amendment 1 to A6858
process can typically take anywhere from three months up to a year or more depending
on the extent of the damages, time required to receive and install any replacement
equipment, number of claims filed, and the subrogation process with the insurance
company.
This last year, there were nine traffic collisions which resulting in traffic signal "knock-
down's" requiring emergency repair and replacement to return the traffic signals into
operation. The traffic collisions have caused $184,068.34 in emergency repairs to date,
with final costs estimated at approximately $225,000.
Location Cross Street Date of Incident Costs
Indian Canyon lRamon Road 8/16; 10/16; 1/18 1 $ 66,812.59
3 Traffic Collisions
E. Palm Canyon Camino Real 1/15/2017 $ 35,592.50
Gene Autry Trail Via Escuela 5/17; 8/17 $ 49,343.00
Indian Canyon Racquet Club 7/30/2017 $ 21,804.25
Ramon Road Paseo Dorotea 7/19/2017 $ 1,429.25
Golf Club Tahquitz Creek Golf Course 7/18/2017 $ 159.75
Indian Canyon JGranvia Valmonte 9/17/2017 $ 8,927.00
Total 1 $ 184,068.34
Staff is coordinating recovery of costs associated with these traffic collisions, and it is
necessary to approve an amendment to the contract services agreement with St. Francis
Electric to provide for payment to St. Francis Electric for these emergency repairs.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA'). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing;
therefore, the traffic signal maintenance services to be provided to the City under the
proposed contract are considered categorically exempt from CEQA.
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City Council Staff Report
February 7, 2018- Page 4
Approve Amendment 1 to A6858
FISCAL IMPACT:
As the traffic signal emergency repair costs are related to liability claims for which the City
will attempt to recover through the responsible drivers' insurance, it is recommended that
the additional budget of $225,000 be allocated from the City's Risk Fund (Fund 540).
Following receipt of insurance proceeds from the responsible drivers, these funds will be
returned to the Risk Fund.
Sufficient funds are budgeted and available in the Risk Fund, Account No. 540-5904-
48685.
SUBMITTED
1
Th mas Garcia, P.E. Marcus L. Fuller, MPA, P.E., P.L.S
City Engineer Assistant City Manager
David H. Ready, Esq., Ph.D.
City Manager
Attachment(s):
1. Amendment No. 1
ATTACHMENT ?
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AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
AGREEMENT No. 6858
Traffic Signal Maintenance Services
This Amendment No. 1 to the Contract Services Agreement (A6858), ("Amendment No.
1"), is made and entered into this day of , 2018, by and between the
City of Palm Springs, a California charter city and municipal corporation, ("City'), and St.
Francis Electric, LLC, a California limited liability company, ("Contractor"). City and Contractor
are individually referred to as "Parry" and are collectively referred to as the "Parties."
RECITALS
A. City has determined that there is a need for routine traffic signal maintenance
services, emergency traffic signal repair services, non-emergency traffic signal maintenance,
and new traffic signal equipment upgrade and installation, (as needed) associated with the
City's traffic signals, flashing beacon assemblies, "In Pavement" illuminated cross-walks, and
Rectangular Rapid Flashing Beacons (RRFB's) and related traffic signal improvements,
(hereinafter"Traffic Signal Maintenance").
B. On June 1, 2016, the City Council approved a Contract Services Agreement
(A6858) with Contractor to provide Traffic Signal Maintenance, with a maximum annual
expenditure authority of$380,000.
C. In the 2017/2018 fiscal year, there were an increased number of traffic collisions
causing damage to various traffic signals, requiring Contractor to perform emergency traffic
signal repairs, resulting in an increased cost of$250,000 for Traffic Signal Maintenance.
D. It is necessary to increase the maximum annual expenditure authority for
Contract Services Agreement (A6858) with Contractor to provide for Traffic Signal
Maintenance to accommodate the increased costs for emergency traffic signal repairs.
E. City wishes to amend Contract Services Agreement (A6858) to increase the
maximum annual expenditure authority by $225,000 to a maximum of $605,000 commencing
with the fiscal year beginning July 1, 2017, pursuant to this Amendment No. 1.
In consideration of these promises and mutual agreements, City agrees to retain and
does hereby retain Contractor and Contractor agrees to provide services to the City as follows:
AGREEMENT
SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference
herein as material terms relied upon by the Parties in agreeing to and executing this
Amendment No. 1.
SECTION 2. Section 2.1 Maximum Contract Amount is hereby amended as follows:
The following sentence is hereby added to the end of the first paragraph to read as
follows: "For the fiscal year commencing on July 1, 2017, the Maximum Contract Amount is
increased by $225,000 for a Maximum Contract Amount of$605,000."
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SECTION 3. Section 9.3 Covenant Against Discrimination is hereby replaced in its
entirety to read:
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical condition (each a
"prohibited basis"). Contractor shall ensure that applicants are employed, and that employees
are treated during their employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement,
Contractor certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship; and further, that Contractor
is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040,
including without limitation the provision of benefits, relating to non-discrimination in city
contracting.
SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract
Services Agreement (A6858), unless specifically modified herein, shall continue in full force
and effect. In the event of any conflict or inconsistency between the provisions of this
Amendment No. 1 and any provisions of the Contract Services Agreement (A6858), the
provisions of this Amendment No. 1 shall in all respects govern and control.
SECTION 5. Corporate Authority. The persons executing this Amendment No. 1 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 Amendment No. 1 on behalf of said party, (iii)
by so executing this Amendment No. 1, such party is formally bound to the provisions of this
Amendment No. 1, and (iv) the entering into this Amendment No. 1 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 have executed this Amendment No.1 as of the
dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready,
City Manager
APPROVED AS TO FORM: ATTEST:
By: By:
Edward Z. Kotkin, Anthony J Mejia, MMC
City Attorney City Clerk
"CONTRACTOR"
St. Francis Electric, LLC, a California
limited liability company
Date: By:
Signature
Printed Name/Title
Date: By:
Signature
Printed Name/Title
Check one: _Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of
Board, President, or any Vice President. The second signature must be from the Secretary,
Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of J}
On before me,
Oero Hoe mseA Name arc ore 61 as CHOW
personally appeared
FlemeNl W 6gna(N
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/me subsonl3ed to the
within Instrument and acknowledged to me that
he/sIvAhey executed the same in his/herAher authorized
capacity(ies), and that by htisther/their sigriatuie(s)on the
Instrument the person(s), or the entity upon behalf of
which the person(s)acted,exlxx,ded the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph I
true and correct.
WITNESS my hand and official seal.
Signature
vgoe Wry Sal Mao Signature W Norry 14iefc
OPWNAL
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Cepecity(les)Clalmed by Signer(s)
Signer's Name: Signers Name:
❑ Individual ❑Individual
❑ Corporate Officer—Tltle(s): O Corporate Ofer—Title(s):
❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General
❑ Attomey in Fact ❑Attorney in Fact
❑ Ti ustee Top bl ftrnb Mm ❑Trustee Top of theft hms
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other:
Signer Is Representing: Signer Is Representing:
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