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HomeMy WebLinkAboutE-7 Staff Report - MSA 2nd Amendment for CrosstownCONSENT ITEM E-7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: MAY 2, 2022 SUBJECT: APPROVAL OF SECOND AMENDMENT FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND CROSSTOWN ELECTRICAL & DATA INC. BACKGROUND: On May 1, 2019 the City entered into a maintenance services agreement with Computer Service Company (CSC), currently known as Crosstown Electrical & Data Inc. for citywide traffic signal maintenance. The agreement expires on April 30, 2022. However, the agreement allows for two optional one (1) year term extensions. The proposed actions will approve an amendment to the Traffic Signal Maintenance Services Agreement, extending the contract for one (1) year through April 30, 2023. RECOMMENDATIONS: Staff recommends the City Council take the following actions: 1)Approve the Second Amendment to the Maintenance Services Agreement between the City of Azusa and Crosstown Electrical & Data Inc.; and 2)Authorize the City Manager to execute the contract amendment, in a form acceptable to the City Attorney, on behalf of the City. APPROVED CITY COUNCIL 5/2/2022 Approval of Second Amendment for Maintenance Services Agreement between the City of Azusa and Crosstown Electrical & Data Inc. May 2, 2022 Page 2 ANALYSIS: On May 1, 2019, City Council awarded the traffic signal maintenance services agreement to Computer Services Company (CSC). CSC had been providing quality traffic signal maintenance services through March 31, 2020, in which CSC was then acquired by Crosstown Electrical & Data Inc. (Crosstown). Crosstown continued to utilize the same CSC staff and operate out of the same facility here in the City of Azusa. The City owns and is responsible for the operation and maintenance of 48 traffic signals, 12 flashing beacons, and 17 vehicle speed feedback signs throughout the City. These traffic devices are currently maintained by Crosstown. The Second Amendment of the Maintenance Services Agreement seeks to extend the term for one-year with an optional one-year extension in May of 2023. FISCAL IMPACT: The flat rate fee for routine preventative monthly maintenance services is $50,472 annually. All calls for emergency and scheduled repair services will incur the material and labor rates listed in the agreement. Funding for this agreement was included in the FY2021-22 approved budget under the Gas Tax Fund account (12-55-661-000-6493). The required budget for Fiscal Year 2022-23 will be requested through the annual budget approval process. Prepared by: Reviewed by: Christina Curiel Robert Delgadillo, P.E. Public Works Project Manager Director of Public Works/City Engineer Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Second Amendment to Maintenance Services Agreement 2) Traffic Signal Maintenance Services Agreement - Executed 3) First Amendment to Maintenance Services Agreement - Executed 4) Notice of Acquisition – Crosstown Electrical & Data, Inc. 1 SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND CROSSTOWN ELECTRICAL & DATA INC. ARTICLE 1. PARTIES AND DATE This second amendment to the Maintenance Services Agreement (“Second Amendment”) is entered into on the _____ day of May, 2022, by and between the City of Azusa, a municipal corporation organized under the laws of the State of California, with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and Crosstown Electrical & Data Inc., with its principal place of business at 5463 Diaz Street, Irwindale, California 91706 (“Contractor”). ARTICLE 2. RECITALS 2.1 WHEREAS, the City and Contractor entered into a three (3) year Maintenance Services Agreement dated May 1, 2019 (“Agreement”) for Contractor to provide Traffic Signal maintenance and repairs (“Services”) for the City of Azusa; and 2.2 WHEREAS, On April 1, 2020, the City amended the Original Maintenance Services Agreement between the City of Azusa and Crosstown Electrical & Data, Inc., formerly Computer Services Company, for City-wide traffic signal maintenance services: and 2.3 WHEREAS, Section 3.1.2 of Agreement requires written approval of an extension of the original three-year term: and 2.4 WHEREAS, the City now desires to amend the existing Maintenance Services contract for one year or until April 30, 2023; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE TO THE FOLLOWING: 1.3.1. Scope of Services and Terms. The first paragraph of Section 3.1.2 is hereby replaced, in its entirety, with the following: 3.1.2 Term. The term of this Agreement shall be from May 1, 2022 to April 30, 2023, as allowed by adding one additional year extension, unless earlier terminated as provided herein. One additional one-year extension may be granted. Contractor shall complete the Services within the terms of this Agreement, and shall meet any other established schedules and deadlines. The Parties, may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 2.Continuing Effect of Agreement: Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after Attachment 1 2 the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment. 3. Adequate Consideration: The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment. 4. Counterparts: This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment as of the date first written above. CITY OF AZUSA Crosstown Electrical & Data, Inc. By: By: Sergio Gonzalez David Heermance City Manager President Attest: By: Jeffrey Lawrence Cornejo, Jr. City Clerk Approved as to Form: By: Best Best & Krieger LLP City Attorney Attachment 2 Attachment 3 Attachment 4