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Resolution No. 098291 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 9829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. FOUR TO TRAFFIC SIGNAL MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF VERNON AND REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. WHEREAS, on October 20, 2004, the City Council of the City of Vernon adopted Resolution No. 8576 approving a Traffic Signal Maintenance Contract (the "Agreement") with Republic Electric to provide maintenance on traffic signals maintained by the City and those new signals that may from time to time be installed by the City during the life of the Agreement; and WHEREAS, on February 16, 2005, the City Council of the City of Vernon adopted Resolution No. 8679 approving an Amendment No. One to the Agreement to add arbitration and forum provisions; and WHEREAS, on January 3, 2007, the City Council of the City of Vernon adopted Resolution No. 9206 approving an Amendment No. Two to the Agreement to extend the Agreement to January 25, 2008, and to provide for a change of name to Republic Intelligent Transportation Services, Inc. ("Republic ITS"); and WHEREAS, on January 22, 2008, to City Council of the City of Vernon adopted Resolution No. 9528 approving an Amendment No. Three to the Agreement to extend the Agreement to January 25, 2009, and to grant a Consumer Price Index ("CPI") adjustment of 75% which equals 2.6% for labor and equipment; and WHEREAS, the Director of Community Services & Water has recommended that the City extend the Agreement for an additional year and grant a Consumer Price Index ("CPI") adjustment of 75% which equals 0.75% for labor and equipment in accordance with Section 24 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11the Agreement; and WHEREAS, the City and Republic ITS desire to amend the Agreement to provide for the extension and CPI fee adjustment; and WHEREAS, the City Council of the Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the best interest and necessity to enter into an Amendment to the Agreement with Republic ITS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment No. Four to the Traffic Signal Maintenance Contract with Republic ITS, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Agreement. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: The City Council of the Vernon hereby directs the City Clerk, or her designee, to transmit one fully executed Agreement to: Republic ITS Attention: James A. Wagner, Vice President 371 Bel Marin Keys Blvd., Suite 200 Novato, CA 94949 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 26th day of January, 2009. ATT STY'�/-""Z) A" r MAN UELA GIRON, -it Y Clerk Name: Leonis C. Malburg Title: Mayor /-Maate-r--P-r-o-q'efrr - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORN,IA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9829 was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday-, January 26, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) kl��z /�L - -- - MANUELA GIR N, City Clerk - 4 - 1 AMENDMENT NO. FOUR TO TRAFFIC SIGNAL MAINTENANCE CONTRACT 2 3 THIS AMENDMENT NO. FOUR TO THE TRAFFIC SIGNAL MAINTENANCE 4 CONTRACT (this "Amendment") is made, entered into and executed in 5 duplicate originals, either copy of which may be considered and used 6 as the original hereof,for all purposes, as of this 26th day of 7 January, 2009, in the City of Vernon, County of Los Angeles, 8 California 9 BY AND BETWEEN THE CITY OF VERNON (hereinafter 10 referred to as the "City") 4305 Santa Fe Avenue 11 Vernon, CA 90058 12 AND REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. (hereinafter referred 13 to as "Republic ITS") 371 Bel Marin Keys Blvd., Suite 200 14 Novato, CA 94949 15 RECITALS 16 17 WHEREAS, the City and Republic Electric are parties to a 18 Traffic Signal Maintenance Contract 2005 (the "Agreement") dated on or 19 about January 25, 2005, wherein Republic Electric is to provide routine 20 and extraordinary maintenance on traffic signals maintained by the City 21 and those new signals that may from time to time be installed by the 22 City during the life of the Agreement; and 23 WHEREAS, the City and Republic Electric entered into an 24 Amendment No. One to the Agreement on or about February 16, 2005, to 25 add language that was inadvertently omitted from the Agreement; and 26 WHEREAS, Republic Electric has represented that its name has 27 changed to Republic Intelligent Transportation Services, Inc., 28 ("Republic ITS"); and VA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: Entire Agreement. The provisions of this Amendment shall constitute the entire agreement of the parties hereto with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: Jeff A. Harrison, City Attorney By: CITY OF VERNON Mayor / Mayor Pro-Tem REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. 5 Print Name: Title By: Print Name: Title: -3- Revised Current I Unit Aescri tiop Unit Price 75% CPI Price Traffic Signal Monthly Maintenance $ 66.82 $ .50 $ 67.32 I,nhm,Rnfn .4rlmdvla Engineering Technician $ 71.82 $ .54 j $ 72.36 -Engineering Technician - Overtime $ 100.55 $ .75 $101.30 Signal Technician $ 70.55 $ .53 $ 71.08 Si al Technician - Overtime S 97.47 $ .73 $ 98.20 Utility Technician $ 70.55 $ .53 $ 71.08 Utility Technician - Overtime $ 97.47 $ .73 $ 98.20 Signalman S 70.55 $ .53 $ 71.08 -Signalman - Overtime $ 97.47 $ .73 $ 98.20 Lab Technician $ 30.78 $ .23 $ 31.01 Lab Technician - Overtime $ 46.17 $ .35 $ 46.52 Laborer $ 66.69 $ .50 S IS 67.19 Laborer- Overtime $ 91.31 S .68 91.99 Fmlin)nPnd Rfdv .Vrhoditlp Service Truck $ 18.47 $ .14 S 18.61 Hydraulic Man Lift (Bucket Under 32') $ 28.73 $ .22 $ 28.95 -Hydraulic Man Lift (Bucket Over 321) S 38.99 $ 79 $ 39?8 Compressor w/ Tools $ 15.39 $ .12 $ 15.51 Concrete Saw I Water Truck S 41.04 $ .31 1 $ 4135 Bos•roN - DALLAS • Los ANGLLLS - SACRAmr:N7'o - SAN DiLco • SAN FRANCISCO LJ 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 4, 2009 Republic ITS Attn: James A. Wagner, Vice President 371 Bel Marin Keys Blvd., Suite 200 Novato, CA 94949 Re: Traffic Signal Maintenance Contract - Amendment No. Four Dear Mr. Wagner: Transmitted herewith is a fully executed Amendment No. Four as referenced above, approved by City Council on January 26, 2009, through Resolution No. 9829. If you have any questions regarding this matter, please call Mr. Kevin Wilson at 323/583-8811 ext. 245. Very truly yours, t �G lr� Ne GiZ Y City Clerk NG:dj c: S. Kevin Wilson Purchasing Department Resolution No. 9829 Agreement File No. 09-017 E-�cfusivefy Industriaf AMENDMENT NO. FOUR TO TRAFFIC SIGNAL MAINTENANCE CONTRACT THIS AMENDMENT NO. FOUR TO THE TRAFFIC SIGNAL MAINTENANCE CONTRACT (this "Amendment") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 26th day of January, 2009, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, CA 90058 AND REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. (hereinafter referred to as "Republic ITS") 371 Bel Marin Keys Blvd., Suite 200 Novato, CA 94949 WHEREAS, the City and Republic Electric are parties to a Traffic Signal Maintenance Contract 2005 (the "Agreement") dated on or about January 25, 2005, wherein Republic Electric is to.provide routine and extraordinary maintenance on traffic signals maintained by the City and those new signals that may from time to time be installed by the City during the life of the Agreement; and WHEREAS, the City and Republic Electric entered into an Amendment No. One to the Agreement on or about February 16, 2005, to add language that was inadvertently omitted from the Agreement; and WHEREAS, Republic Electric has represented that its name has changed to Republic Intelligent TransportationServices, Inc., ("Republic ITS"); and 1 WHEREAS, the City'and Republic ITS entered into an Amendment 2 No. Two to the Agreement on or about January 3, 2007, to extend the 3 Agreement until January 25, 2008; and 4 WHEREAS, the City and Republic ITS entered into an Amendment 5 No. Three to the Agreement on or about January 22, 2008, to extend the 6 Agreement until January 25, 2009; and 7 WHEREAS, Republic ITS and the City desire to amend the 8 Agreement and any amendments thereto to extend the Agreement for an 9 additional year from January 25, 2009 to January 25, 2010 and to 10 provide for a fee adjustment .75% for labor and equipment according to 11 Section 24 of the Agreement, under the same terms and conditions. 12 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 13 SET FORTH HEREIN: 14 SECTION 1: Extension. The Agreement, as amended, is 15 hereby extended for a one (1) year period from January 25, 2009 to 16 January 25, 2010, under the same terms and conditions and City shall 17 pay Republic ITS a fee adjustment of 75% of the Consumer Price Index 18 which equals .75% for labor and equipment, a copy of the revised 19 pricing list reflecting the adjustment is attached hereto as Exhibit A 20 and incorporated by reference. 21 SECTION 2: Approval by City. This Amendment shall be 22 executed by a duly authorized representative of City following 23 approval of the terms of this Amendment by City in accordance with 24 City policies and procedures. 25 SECTION 3: Remainder of Agreement. Except as specifically 26 modified herein, all terms and conditions of the Agreement are 27 unmodified and remain in full force and effect, and are hereby 28 ratified by the parties. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: Entire Agreement. The provisions of this Amendment shall constitute the entire agreement of the parties hereto with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to be executed by and through their authorized officers on the date, month and year first written above.. CITY OF VERNON By: — Leonis Malburg Mayor /--Mat,s�g ram— n- ATTLS MA UELA GIRON, it Clerk APPROVE S TO FORM: JEV Aarrison, City Attorney REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. By:- Print Name :' JAM Title: p G' oy)"m Print Name: Title: V` r L 45-C -3- EXHIBIT A Revised , Current 1 Unit Description Unit Price .75%p CFI Price Mainfenance Rate Schedule Traffic Signal Mont hly Maintenance $ 66.82 $ .50 $ 67.32 Labor Rate Schedrrle Engineering Technician $ 7I.82 $ .54 $ 72.36 Technician , Overtime $ 100.55 $ .75 $101.30 -Engineering Signal'1'echnician $ 70.55 $ .53 S 71.08 Technician - Overtime $ 97.47 $ .73 $ 98 20 -Signal Utility Technician $ 70.55 $ .53 $ 71.08 Technician - Overtime $ 97.47 $ .73 $ 98.20 -Utility - Signalman $ 70.55 $ .53 $ 71.08 Signalman - Overtime $ 97.47 $ .73 $ 98.20 Lab Technician $ 30.78 $ .23 $ 31.01 Lab Technician - Overtime $ 46.17 $ .35 $ 46.52 Laborer S 66.69 $ .50 $ 67.19 Laborer - Overtime $ 91.31 $ .68 $ 91.99 Rouimneut Rate Schedule I I Service Truck $ 18.47 $ .14 S 18.61 Hydraulic Man Lift (Bucket Under 32') $ 28.73 $ .22 $ 28.95 Hydraulic Man Lift(Bucket Over 32') $ 38.99 $ 29 $ 39.28 Compressor w/ Tools $ 15.39 $ .12 $ 15.51 Concrete Saw / Water Truck $ 41.04 $ .31 $ 41.35 BOs'roN • DALLAS Los 11NGELI:S • SACRAhir-N7-0 • SAN DIGGO SAN FRANCISCO AN J 1 WHEREAS, the City and Republic ITS entered into an Amendment 2 No. Two to the Agreement on or about January 3, 2007, to extend the 3 Agreement until January 25, 2008; and 4 WHEREAS, the City and Republic ITS entered into an Amendment 5 No. Three to the Agreement on or about January 22, 2008, to extend the 6 Agreement until January 25, 2009; and ' 7 WHEREAS, Republic ITS and the City desire to amend the 8 Agreement and any amendments thereto to extend the Agreement for an 9 additional year from January 25, 2009 to January 25, 2010 and to 10 provide for a fee adjustment .75% for labor and equipment according to 11 Section 24 of the Agreement, under the same terms and conditions. 12 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 13 SET FORTH HEREIN: 14 SECTION 1: Extension. The Agreement, as amended, is 15 hereby extended for a one (1) year period from January 25, 2009 to 16 January 25, 2010, under the same terms and conditions and City shall 17 pay Republic ITS a fee adjustment of 75% of the Consumer .Price Index 18 which equals .75% for labor and equipment, a copy of the revised 19 pricing list reflecting the adjustment is attached hereto as Exhibit A 20 and incorporated by reference. 21 SECTION 2 Approval by City. This Amendment shall be 22 executed by a duly authorized representative of City following 23 approval of the terms of this Amendment by City in accordance with 24 City policies and procedures. 25 SECTION 3: Remainder of Agreement. Except as specifically 26 modified herein, all terms and conditions of the Agreement are 27 unmodified and remain in full force and effect, and are hereby 28 ratified by the parties. -2-