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08.g. Agreement with Lee Wilson ElectricMEMORANDUM TO: CITY COUNCIL FROM: DOUG PERRIN, DIRECTOR OF RECREATION AND MAINTENANCE SERVICES Df. SUBJECT: CONSIDERA'I'ION OF FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT WITH LEE WILSON ELECTRIC DATE: JUNE 12,2012 RECOMMENDATION: It is recommended that the City Council approve and authorize the City Manager to execute an amendment extending the Contractor Services Agreement with Lee Wilson Electric Company, Inc (Lee Wilson), for traffic signal maintenance. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Last year, the City of Arroyo Grande ("City") paid approximately $18,180 in expenses related to traffic signal maintenance services and $27,836 in traffic signal repairs. The proposed extension maintains the same rates and charges. The City currently has $13,245 remaining in its budget for FY 2011-12 and has budgeted $45,200 for FY 2012-1 3. Minimal staff time will be required to adrr~inister this contract. BACKGROUND: The City contracts for services to maintain fourteen (14) existing traffic signals. Signal maintenance includes routine inspection of the equipment, including the signal heads, lamps, inductor loops, pedestrian push buttons and cleaning of the signal control cabinet. At its April 13, 2010 meeting, the City Council approved a two (2) year agreement with Lee Wilson Electric to provide traffic signal maintenance. That agreement included the option of three (3) one (1) year options to renew. Lee Wilson Electric has been performing this service for the last twenty-one (21) years and staff recommends that a one year amended extending the agreement with Lee Wilson Electric be approved based on their knowledge and experience with the City's traffic signal system, past performance and timely emergency response. The amendment will allow Lee Wilson to exercise the remaining two (2) one (1) year extensions without further amendment to the Agreement. Agenda Item 8.g. Page 1 CITY COUNCIL CONSIDERATION OF AN AMENDMENT TO CONTRACTOR SERVICES AGREEMENT FOR LEE WILSON ELECTRIC FOR MAINTENANCE OF TRAFFIC SIGNALS JUNE 12,2012 PAGE 2 ANALYSIS OF ISSUES: The previous Agreement commenced on May 1, 2010 and expired on April 30, 2012. On May 8, 2012, the City received a letter from Lee Wilson Electric Company (Attachment 2) indicating that they would like to extend the Agreement for one additional year. The City proposes to amend the Agreement to clarify the mariner in which Lee Wilson is to exercise the options to renew and confirm that any extensions are subject to the same terms and conditions as the Agreement. Any future extensions will not require any further Council approval. The City has the option of terminating the Agreement at any time and for any reason upon ten (10) days prior notice. ALTERNATIVES: The following alternatives are provided for the City Council's consideration: 1. Approve the attached amendment to the service agreement with Lee Wilson Electric, Inc.; 2. Modify as appropriate and approve the amendment to the service agreement; 3. Do not approve the amendment to the service agreement and direct staff to prepare an RFP to be distributed to selected contractors; or 4. Provide direction to staff. ADVANTAGES: The proposed amendment clarifies the manner in which the options to extend are exercised and confirms that such extensions are subject to the same terms and conditions as the Agreement. In addition, approval will allow for uninterrupted maintenance of the City's fourteen (14) traffic signals. DISADVANTAGES: There are no disadvantages identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, June 7, 2012. The Agenda and report were posted on the City's website on Friday, June 8, 2012. No public comments were received. Attachments: 1. First Amendment to Contractor Services Agreement 2. Letter from Lee Wilson Agenda Item 8.g. Page 2 FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT This FIRST AMENDMENT TO CONTRACTOR SERVICES AGREEMENT ("First Amendment") is made and entered into this day of 2012, by and between the CITY OF ARROYO GRANDE, a California Municipal Corporation ("City"), and LEE WILSON ELECTRIC COMPANY, INC., a California Corporation with ("Contractor"). The City and Contractor are sometimes referred to herein as the "Parties". WHEREAS, on May 1, 201 0, the City and Contractor entered into a Contractor Services Agreement (the "Agreement") wherein Contractor agreed to provide City with traffic signal maintenance services subject to the terms and conditions set forth in the Agreement. A true and correct copy of the Agreement is on file with the Administrative Services Department and is incorporated herein by this reference as though set forth in full; and WHEREAS, the Agreement included three (3) one (1 ) year options to extend; and WHEREAS, on May 8, 2012, the City received a request from Contractor to extend the Agreement for one (1 ) additional year; and WHEREAS, by this First Amendment, the parties wish to amend the Agreement to incorporate the one (1) year extension requested by Contractor and allow Contractor to exercise the remaining two (2) one (1) year extensions without further amendment to the Agreement. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. 2. The terms and conditions set forth in the Agreement are hereby revived subject to the amendments set forth herein. 3. Section 1, entitled "TERM" shall be amended in its entirety as follows: "This Agreement shall commence on May 1, 2010 and shall remain and continue in effect until April 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. This Agreement also allows two (2) one (1) year options to extend. Contractor shall be able to exercise said options to extend by providing City with written notice thereof no later than fifteen (15) days prior to the Agenda Item 8.g. Page 3 ATTACHMENT 1 expiration of the term of this Agreement. Unless otherwise agreed to by the parties, each option to extend shall be subject to all terms and conditions hereof." 4. Except as modified herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this First Amendment has been duly executed as of the date first set forth above. CITY OF ARROYO GRANDE: LEE WILSON ELECTRIC COMPANY, INC. By: Steven Adams, City Manager Lee Wilson President ATTEST: Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Agenda Item 8.g. Page 4 'B =LEE WILSON= - ELECTRIC COMPANY\ P.O. BOX 250 ARROYO GRANDE, CALIFORNIA 93421-0250 ESTABLISHED 1929 1151 EL CAMIN0 REAL PHONE (805) 489-4216 FAX (805) 489-0248 May 8,2012 City of Arroyo Grande Administrative Services Department 214 E. Branch Street Arroyo Grande, CA 93420 RE: Traffic Signal Maintenance Annual Contract Gentlemen, Lee Wilson Electric Company, Inc. would like to extendthe pricing on our contract dated from May 1,2010 through April 30,2012 for one additional year. Please contact our office if this is acceptable with the City of Arroyo Grande at your earliest convenience. Sincerely, LEE WILSON ELECTRIC CO., INC. By: A CALlFORNlA CORPORATION STATE LICENSE #85 1738 Agenda Item 8.g. Page 5 ATTACHMENT 2 THIS PAGE INTENTIO NALLY LEFT BLANK Agenda Item 8.g. Page 6