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HomeMy WebLinkAboutAEGIS ITS, INC. (FORMERLY ECONOLITE TRAFFICE ENGINEERING AND MAINTENANCE, INC.) 3C-2013t t v INSURANCE NOT ON FILE WORK MAY pROCEED CLERK OF COUNCIL 9 DATE; 10 - 9 - 1-3 THIRD AMENDMENT TO AGREEMENT A -2012- 207 -01 THIS THIRD AMENDMENT TO AGREEMENT is entered into on September 23, 2013, by and between Aegis ITS Inc., 'formerly Econolite ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2009 -124, dated August 17, 2009, (hereinafter "said Agreement ") by which Consultant has provided maintenance on the citywide traffic signal system and street light system, B. By Amendment A- 2009 -124 -001, dated December 15, 2009, the parties amended the fee schedule applicable to services provided pursuant to said Agreement. C. On October 31, 2011, the City approved the assignment of said Agreement to Aegis ITS, Inc. D. On October 1, 2012, the parties executed a Second Amendment to Agreement (A -2012 -207) by which City exercised its first option to extend the term. E. In accordance with the terms and conditions of said Agreement, the City desires to exercise its and final option to extend the term of said Agreement. -VW M WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $650,000, to pay for services provided during the one -year extension period, at the gates and charges set forth in Exhibit B -1, attached hereto and incorporated by this reference. 2. Section 3, TERM, shall be amended to extend the termination date of said Agreement to August 31, 2014. In order to provide continuous uninterrupted service, all services provided by Consultant since September 1, 2013 shall be included within the Scope of Set-vices of this Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. H H IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: �� MA IUD. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney AS EDWIN "WILLIAM" G , P.E. Interim Executive Directo Public Works Agency CITY OF SANTA ANA CARLOSROJAS Acting City Manager AEGIS ITS, INC. Nar �J3�+k vU1 Title: S�9• UIQ° C!S" 06V'T' EXHIBIT B -I FEESCHEDULE SEPTEMBER I, 2013 TO AUGUST 31. 2014 Aegis ITS, Inc. I Routine Maintenance A, Monthly Sarvlca Item Bid Item 1 Traffic Signal 2 pre -tlmed Flashing Beacon Activated Fleshing Crosswalk /Beacons 3 4 2500 lumen lamp 5 6000 Lumen Lamp B. Quarterly Service Item N Bid Item 6 Closed Circuit Television System C. Alternate Routine Maintenance - BI- Monthly Service gem R Bid Item is Traffic Signal 2a Pra_ timed Flashing Beacon 3o Activated Plashing Crosswalk /Beacons It Extraordinary Maintenance Item It Title 7 Superintendent 8 Engineering Technician 9 laboratory Iechnicinn 10 Maintenance Technlcian - Lead 11 Maintenance Technician 12 utility Technicion - Lead 13 Utility Technician 14 Lead High Voltage St. Light Tech 15 Street Light Technician 16 Service Laborer C. Labor and Material Item Bid Item 17 Install 6' diameter circular loop (1.5 loops) 18 install 6' diameter circular loop (6':10 loops) 19 incta116` diameter circular loop (11- 201nops) 20 Insipid' diameter circular loop (over 20loops) 21 Install City furnished NEMA Conflict Monitor 22 IneWg Clty furnished P44 Cabinet 29 Install City furnished type 332 Cabinet 24 Adjust PPB Assembly height 25 Insall(Rwplow complete PPS Assembly 26 Replace PPB with ADA Pre 27 Replace Ped Mead & Construction Module 28 Replace Ped Modulo W/ Countdown Module 29 hsstall/heplace IISN.S w /geflectnrbed Street Name 30 Conduct Signal Conner Op®mtinnai Test 31 Conduct Night Survey upon request 32 Paint t'raffle Signal Cabinet Quantity Unit Prim (new) Sub -total 284 $ 57.05 $ 16,201.80 5 $ 35.70 $ 178.50 7 $ 1530 $ 249.90 369 $ 3.67 it 1,354,97 6 $ 4.49 $ 26.93 Quantity Unit Price (new) Sub -total 52 $ 66.30 $ 3,447W Quantity Unit Price (new) Sub -total 784 7548 $ 21,436.32 5 37.74 $ 198.70 7 37.74 $ 264.11B EA EA EA EA EA EA EA EA EA CA EA FA EA EA EA EA Unit Straight time 80,58 8058 80.58 80.58 72.42 80.58 72.42 9058 7242 67.32 Unit Price 306.00 294.53 267.75 267.75 114.00 1,224,00 1,224.00 66.30 144.84 66.30 382,50 321.30 693.60 816.00 408.00 326.40 Overtime 113.22 11,9.22 1.13.22. 113,22 95.88 1.19.22 95.98 113.22 95.38 96,78 Ooubletime 151.98 151.98 191.98 151,98 136.68 15198 136.68 131.98 136,68 131.58 33 Point Vehicle Head EA $ 62,22 34 Pilot Pedestrian Head EA $ 40.80 35 Paint single -globe theme street light pule FA $ 255.00 36 Pelnt double-glohe theme strne.t light pole EA $ 275.40 37 Paint 30 ft. steel street light pale EA $ 367.20 Ill. Equipment Item P Type of Equipment Cost 38 Pick -up Truck $ 25,90 Jab /trip 39 Service Truck $ 43.66 job /trip 40 Service Ladder /Truck N/A job /trip 41 Boom Udder /Truck $ 43.86 job /trip 4250' Height doom Truck $ SLED joh /trip 43 CraneTruck $ 321.30 job /trip 44 Water Truck N/A jobftrip 45 Dump Truck $ 153.00 job /trip 46 Rig Concrete Saw N/A job /trip 47 Complete Paint Rig $ 510.00 job /trip 48 lack Hammer /Compressor $ 10710 job /trip 49 Trencher and 6xckhoe $ 510.00 AMR Client #:1260332 305ECONOGRO DATE(MMIUDIYYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE _ 4122412013 THIS CERTIFICATE IS ISSUED Ai -A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ —1...,.,.,,......,... ---- ........ .__....__..._....__.___. _..., . the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ilea of such ondorsement(s). BB &T Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 Aegis ITS, Inc. 3360 E. La Palma Ave. Anaheim, CA 92806 .. _.._... 4VVCRNVGO THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED. NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,, N R LTR TYPE OF INSURANCE_ AOULS N R UR WVD _ POLICY NUMBER POt,ICY ELF fMMIODIYYYYI- POLICY B %P MMIDDIYYYY LIMIT A GENERAL LIABILITY 6303193N600TIL13 041271201304127 /201 EACHOCOURRENCE $1000000 DAMAGE TOEYEN'lEOnce PMEEEDMEXI'_(Pnyone 3100 DOD X COMMERCIAL GENERAL LIABILITY person $5000 71 CLAIMS -MADE OCCUR PERSONAL &AOVINJURY $1L000 ODg GENERAL AGGREGATE $2,000,000 GEN'LAGOREGATE LIMITAPP_L15S PER: PRODUCT$ -CbMP /,PAGE $2,000,000 _- COMBINED SINGLET $ $1000,000 A POMCV PROO LOC AVTOMOaILF.LIABILITY 8703193N600TIL13 0412712013 04/2712014�epemelt DODILY INJURY (Per poison) $ X ANY AUTO RONLYINJURY(Pereccident) $ ALL OWNED SOHEOULED AUT09 .__ AUTOS X HIRGDAUTOS X AO GOWNED PROPERTY DAMAGE -- "" $ B X UMBRELLA LIAR X OCcuR 100003863002 04/27/2013 041271201 EACH OCCURRENCE s2,000,000 AGGREGATE 12,000 DDD EXCESS LIAR_ CLAIMS -MADE DEU XRETENTION$0` WORKERS COMPENSATION -- WC"A"L IOThI- X __ta $ _ A ___ U69501609613 _ —___ 04/27/2013 0417.71201 EACH E.L, EACH ACCIDENT__ $1 ODD DOO ANDEMPLOYERS'IJABILITY ANY PROPRIETORIPARTNERl-.XECU FIVE YIN OFFICERIMEMBER EXCLUUDED4 OFFICER NIA In NN) - '[tiP O V�:j �-� A S '-1'x!'4 PARR !A5 S'l.I FORM S�MIdb E,L. UI9EA3E -EA EMPLOYEE $1000000 — E.L. DISEASE - POLICY LIMIT - - - -- -- $1000,000 -- -!- — Ifnye,d.,ioOeundnr O ESCRIPTION OF OPBRAT'ION9 below .i, �__. - - - -- . L } �tr /f LuurExs.,✓�., IV heed DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES(AIISCB ACORD 'At1',gW frti s',g3ltsAgrp,Lrlylgltf� ore epvice fs required) Certificate Holder Is added as Additional Insured per poll c orm #CGD2470805 & Waiver of Subrogation per policy form #CGD4581008 both a part of policy #6303193N60OTI1-13. Certificate Holder is amended to read: The City, its officers, employees, agents, volunteers and representatives RE: Traffic Signal System, Advanced Traffic Management System, and Street Light System Maintenance in and for the City of Santa Ana, City of Santa Ana Attm Vinh Nguyen P.O. Box 1988 / M043 Santa Ana, CA 92702.1988 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD CORPORATION. All rinhfs reserved. ACORD 25 (2010106) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10366303/M10363110 VLMAL COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6303193N600TTL 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFIl 1A - M I' (CONTRACTORS) This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): As per Certificate Holder Name on the attached Certificate of Insurance. PROJECTILOCATION OF COVERED OPERATIONS: As per project description on the attached Certificate of Insurance. 1, WHO IS AN INSURED — (section II) is amended b) The Insurance provided. to the additional In- to Include the person or organization shown In the sured does not apply to "bodily Injury ", "prop• Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liability for "bodily injury", of the rendering of, or failure to render., any professional architectural, engineering or sur- "property damage" or "personal Injury'; and veying services, Including: b) If, and only to the extent that, the Injury or i, 'rho preparing, approving, or failing to damage is caused by acts or omisslons of prepare or approve, maps, shop draw - you or your subcontractor In the performance ings, opinions, reports, surveys, field or- of "your work" on or for the project, or at the ders or change orders, or the preparing, location, shown in the Schedule. The person approving, or failing to prepare or ap- or organization does not qualify as an addl- prove, drawings and specifications; and tional insured with respect to the Independent acts or emissions of such person or organiza- 16. Supervisory, inspection, architectural or tion, engineering activities. 2. The Insurance provided to the additional insured c) The Insurance provided to the additional in- by this endorsement Is limited as follows: sured does not apply to "bodily Injury" or a) In the event that the Limits of Insurance of "property damage" caused by 'your work" and Included In the "products- completed op- this Coverage Part shown In the Declarations erations hazard" unless a "written contract exceod the limits of liability required by a requiring Insurance' speclflcally requires you "written contract requiring Insurance" for that to provide such coverage for that additional additional Insured, the insurance provided to insured, and then the Insurance provided to the additional insured shall be limited to the the additional insured applies a to such " limits of liability required by that "written con- "bodily Injury" or "property damage" that tract requiring insurance ". This endorsement f or curs before the end of the period of time for shall not Increase the limits of Insurance de- which the "written contract requiring Insur- scribed In Section III — Limits Of Insurance, ance" requlres you to provide such coverage CG 02 47 08 05 0 2005 The 5t. Paui Travelers Companies, Inc. Page 1 of 2 COMMEROIA4 GENERAL LIABILITY or the end of the polloyperlod, whIchever I$ -1. fnnmedlatoly record the specific$ of the earlier', claim or vault" and the date received; Pd 3. The insurance provided to tho, additional Inquired II, Notify Lis as soon as practicable. byllifs endorsement is excess War Any'VOIld and The additional Insured must tea to It that we collectible "other insurance", whether pnttrary, receive written notice, of the claim, or "suit" as excess, coiritIngerit or on any other basis. that is soon as prscticable� avalla£iO to the additional Insured for a loss we cover under this ondoWmont, flowovOr, If, a o) The additional Insured MqBj Immediately "written contract req0trIng insurance" for that ad- send as o0plos of all legal papers received In ditlonal Insured specifically raqwi I resi that this in- conrioation.w1fli the olaim of "atit', cooperate stirance Apply on a,primary basis or a primary with us in the InviattigAtion or settlement of claim or defense against the and and, non-oontributory basis, this, Insurance Is prl- Ific, ritary to "other also Available W the addi- otherwise comply with all policy conditlob& tion,al Insured which covers that person or orgarif- d) The additional Insured must tender the der A or organization Is an Additional in- 4. As 4 condition, of Coverage pfov[ded to the additional insured by this endorsortnoril,' a) The aiddltionat Insured must ,flue us written notice as soon as practicable of an ,occur- ronod or an offense which may result In a claim, To the extent possible, such notice should include; I. Now, when and where the "occurrence" or offense look place; It, The narries and addresses of any Injured persons and witnesses; and, III, The natwo and location of any lnjvy or damage arising nut of the "occurrence" or offenso, ln) If a claim is rnada or 'sult!' Is Woughl against the addhlonaf 4h8ured, the additional insured must: i1 the shoal aa dabia to the IrISUred which pavers that petsM or organizaion as a, named insured as dq6iidbod In paragraph 3, aktaval S. The following det I Inition Is added to $EOTION V. DEPKT46: "Written contract roquIrIng insurance" mean& that part .of Any written contract or Agreement tinder which you are requir ' ad to include a person or orgarlizaton as ac additional in- sured on this 0overarle, Part, provided that m After the signing and exooution of the contract or agreement by you; b. While that Red of the contract or ,agreement is in affect; and c, Before the and of the policy period, Page 2 of 2 0 2005 The SL Paul Travelers Companies, Inc. CG x247 00 05 COMMERCIAL OUNERAI, I.IADILITY 2. 'The following - replaces Porgagraph 6, of SEC, TION III— LIMITS Or INSUKANM, subject to 5. abovo the oarnagp To Prom. roG Ranted 76 You LIrflR 14 the most we will pay Linder Coverage A for darn 11 go$ because of "propony, darriiijel to, any ono piremises while, rentad to you, or temporedly Occupied tor, Tbo You Limit the or any or Thia Ofirriago, To PrerrY180S Rarrod To You [limit will be the higher at M $300,000• or b. this 0overage Part for'Damage To. Prom- lees Rented"ro You Limit, 4. Too following roplaces Porpqrsph 2, of tire (Winiflon of "Insured contrnO In tarn; OVFINI- TIONS SoctIon; a, A contract for -1 Ianse,pf proPilses, How- ever, that portion of the contract for a leoso of premises that Indemnities any person , or QtVnIzatIon for damage to promIses While mritpd to you, or tempa- raylly ocouiaJod by you with permission at the owner, caused by, (1) Fire; (2) Rxplosun: (3) Ughtning; (4) Smake resulting fran such fire, ox- pjoslon, or lightning, or Wofer, is Tiot ail Irtmired contract!': 5. The following replaces Paragraph 4.b,(1)(b) Of SECTION IV ­ COMMERCIAL GENERAL LIABILITY CONDITIONfih (b) That Is insurance for prerfft08 ranted to you, or tompotarily occuplod by you with the perfnisqjorl of the owner; E, :)$LAriKCTWAIVEk'OF,3uBRO)SATION The followIng is added to ParaGraph 8,, Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS! , We *live any right of recovery we me have against a y person or orginzatich bscl I Se of payment's Is we n)nke for Injui.,y ors damage arlstng out Of fyeml8os o.vyllod or ocooplort by or rented or loaned to you; ongoing operations porlOrmad by pit or on yoin 6ahaif, done under a oonfr4Q1 with that person or organizatim, llybvr work% or year produptu"; We waive this right whore you hava sped to do so as 'pan of a written contrast, exosutted by you prior to loss, F, BLANKET ADDITIONAL INSURED — QWNEft The following la, added to SECTION 11 — WHO W AN IN$ULIIIEDt Any person or Organization that is 0 premsO$ O\Wrree., mahagor or lesser arid that yeo h6VO ogrood 'in a written contract of agreement' tc, rtame.as an additional Instired on it)!$ Oaveraga part is ail insuhed, but only With respect to liability rot, "bodily injury", "propany damaje�', "personal Injury" or "advoTtlslng Injury" fhat a, 11iadliy Injury" or "property domaqo` caused by ail iloodtirrerroo,- that takes place, or "peril Soh� ,Irl,,j,,, ' "' or "advertising injury" cArisled by art offorlgo (list Is committed, after you have signed and oxeruled that dont`MU Of @DrOv- frenl; and b. Arises out of the ownership, J110inten11100 or use of tiler pan of any promises teased to you, The Inmirance pjsr,,Ided to such promises owner, trignigor or lessor rs Subject 'to- ifle folowing pm- vlstons: a. The limits of Insurance proVidod to siidi pr6ulljor; owper, tranager or lessor will be jitt, halts which you agreed to proves in, the written oontrPet or agroomer% or the 11hilts shown on the Opolirstlons, of INS Covoratirc Part, whirthaver are ieM b, lho niIuranca provided to such. premises owner, manager or lessor doss not apply to (1) I-Dooily injury" or "properly damago" osused by an IhRt f0i3Ofr place, or I.personal injury" or "advortising injury. caused by an offease, that Is con)- mitted, after yon cease to be a tenant 10 that promises; or (2) Structural pltor0ons, now construction or derriolitiorl operations porformod by or on page 4 of 9 v mmytlx Trovorera convanlae, lrlci dGG D4 5P'. 10 08