HomeMy WebLinkAboutAGENDA REPORT 2021 0505 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of May 5, 2021
ACTION Approved Staff Recommendation.
(Roll Call Vote: 4-0, Councilmember Castro
Absent).
BY B. Garza.
H. Consider Amendment No. 2 to Siemens Mobility, Inc., for Streetlight Turnkey
Services for an Increase in the Amount of $17,834.07; and Consider a Budget
Line-Item Adjustment of $21,911.95 from Expense Line 2415-311-00000-51000 to
2415-312-C0050-55200; and Consider a Partial Release of Retention in the
Amount of $35,027.96. Staff Recommendation: 1) Authorize the City Manager to
sign Amendment No. 2 to the Agreement with Siemens Mobility, Inc., increasing
the not-to-exceed amount of $762,462.18 to $780,296.25, subject to final language
approval of the City Manager; and 2) Approve a budget line-item adjustment
transferring $21,911.95 from expense line 2415-311-00000-51000 to expense line
2415-312-C0050-55200; and 3) Approve releasing retention of $35,027.96 to
Siemens Mobility, Inc. (ROLL CALL VOTE REQUIRED) (Staff: Shaun Kroes)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Shaun Kroes, Public Works Manager
DATE: 05/05/2021 Regular Meeting
SUBJECT: Consider Amendment No. 2 to Siemens Mobility, Inc., for Streetlight
Turnkey Services for an Increase in the Amount of $17,834.07; and
Consider a Budget Line-Item Adjustment of $21,911.95 from Expense
Line 2415-311-00000-51000 to 2415-312-C0050-55200; and Consider a
Partial Release of Retention in the Amount of $35,027.96
SUMMARY
Staff is requesting that City Council authorize the City Manager to sign Amendment No.
2 for Siemens Mobility, Inc. (Siemens) for Streetlight Turnkey Services; increasing the
total not-to-exceed amount by $17,834.07 from $762,462.18 to $780,296.25. The
expenditure increase is to complete converting the decorative high pressure sodium
(HPS) streetlights on High Street to light emitting diode (LED). Staff is also requesting a
budget line-item adjustment of $21,911.95 from expense line 2415-311-00000-51000 to
2415-312-C0050-55200 to provide partial funding of the High Street HPS streetlight
conversion to LED, thus reducing General Fund (1000) expenditures. Additionally, staff
is requesting that City Council approve releasing retention of approximately $35,027.96
to Siemens for their work related to converting the majority of the City’s streetlights and
safety lights from HPS to LED. The request for release of retention prior to formally
approving the notice of completion is due to the extended length of time in selecting a
LED fixture for the decorative streetlights on High Street.
BACKGROUND
On November 30, 2018, the City executed an Agreement with Siemens Mobility, Inc.
(Siemens), for streetlight turnkey services for the purpose of acquiring streetlights from
Southern California Edison (SCE) and then converting them from high pressure sodium
(HPS) to light emitting diode (LED) fixtures. The purchase of the streetlight poles from
SCE and conversion of the streetlights from HPS to LED is intended to reduce costs to
the City. Since the conversion of most of the streetlight poles from HPS to LED, the City
has seen approximately a 30% reduction in billing. The first phase of the service was
performing a system-wide field audit of approximately 2,627 SCE poles, identifying which
poles could be purchased from SCE. The first phase also included Siemens developing
Item: 10.H.
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up to five photometric studies of roadways, such as major arterial roadways, collector
streets, residential streets, commercial streets, and industrial streets. The studies and
evaluation of typical roadway geometries guided Siemens and the City in determining
fixture selection and design process. Eventually, the City acquired 2,229 SCE poles, with
a combined 2,363 fixture heads (including decorative lights on High Street, single-mast
poles and double-mast poles).
The City took ownership of approximately 2,219 poles in September 2019, and the
remaining 10 poles later in the year. Staff originally expected the conversion of HPS to
LED lights to occur within the first two months of acquisition of the streetlights; however,
selection of the LED fixture took longer than expected as the City extended the length of
time that sample LED fixtures were under display for a thorough evaluation by staff and
the community. An additional fixture was added (increasing the total number of models
from 3 to 4). A fixture comparison document was provided to the City January 13, 2020,
and after a follow-up meeting with Siemens staff, a revised fixture selection was submitted
on January 22, 2020. During February 2020, the City worked with Siemens to select a
pole tag design. During the last two weeks of February, Siemens updated their supplier
quotes and prepared the fixture selection document as well as initiated pole tag orders.
The final fixture design Agreement was signed by the City on March 5, 2020, which laid
out the final fixture selection for procurement.
During Siemens’ purchase order process, suppliers began to warn Siemens of potential
delivery delays due to the Coronavirus Disease 2019 pandemic (COVID-19) and
ultimately Siemens’ supplier confirmed lead times were running longer than expected due
to closures at manufacturing plants. During the first week of April, Siemens was informed
that the Leotek facility (fixture manufacturer) had been shut down. Delivery and
installation of the LED fixtures, known as “cobra heads”, began the week of June 8, 2020
and was completed September 10, 2020.
During the evaluation and selection of the cobra head fixtures, Siemens and City staff
worked together to identify an additional 108 HPS City safety lights at intersection traffic
signals. The safety lights are very similar to regular streetlights but are powered and
controlled from the traffic signal cabinet at the intersection. Their lighting pattern is a little
different than a typical streetlight due to the geometry of an intersection. In an effort to
achieve economies of scale and achieve additional savings in electricity costs, those 108
HPS lights were added to the list of fixture exchanges for a cost of $35,840.70. City
Council approved the Agreement cost increase on June 17, 2020, through Amendment
No. 1 to the Agreement, increasing the total not-to-exceed amount of $726,621.48 to
$762,462.18.
DISCUSSION
The conversion of the decorative lights on High Street remains to be completed. Initially,
the City began the process of evaluating a specialized LED fixture for the decorative lights
on High Street on September 11, 2020; however, comments received from the first
demonstration light were that the light generated a glare that was greater than the glare
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generated from the existing HPS lights. Staff returned to Siemens and requested that
they investigate an alternative light. Additionally, staff asked Siemens to investigate a light
fixture that would also include an external electrical outlet that would enable the City to
install additional lighting for special events. Siemens identified a model from a different
manufacturer (Acuity) that they believed would have a reduced glare. They also
incorporated an electrical receptacle at the base of the fixture. City staff ordered the
second demonstration light on December 2, 2020. Unfortunately, the specialized
demonstration light had a lengthy lead time for production and during the initial installation
that occurred on January 15, 2021, it was discovered that a piece of the fixture had been
sized wrong and would not fit on the City’s streetlight pole. A similar sizing problem
occurred again after another light fixture was sent to Siemens at the beginning of March.
Siemens was able to receive and install a properly fitted decorative LED fixture on a High
Street streetlight on April 6, 2021.
Based on feedback received, staff is recommending that the City move forward with
installation of decorative LED lights on High Street using the Acuity decorative LED light
(2nd demonstration light). The light would be installed on the remaining 44 streetlight
poles on High Street. Siemens has provided a price quote of $74,834.07 (also includes
installation of 45 pole tags for identification and includes a 3% contingency) for
procurement and installation of the remaining 44 decorative LED lights. The current
Agreement with Siemens anticipated a cost of $40,556.24 for 45 decorative lights on High
Street. There is also a remaining contingency balance of $16,411.89 for a combined
Agreement balance of $56,968.14. Staff is requesting that Siemens’ Agreement be
increased an additional $17,834.07 to a revised not-to-exceed amount of $780,296.25.
Staff notes that the increase in costs for decorative LED lights on High Street includes the
addition of the acorn globe (for a consistent look/replacement of old decorative globe),
the addition of an electrical outlet on all the streetlight poles, selection of a different
manufacturer (due to glare concerns of the original demonstration light), as well as
general increases in costs between 2018 and 2021.
During discussions with Siemens about additional demonstration lights for High Street,
Siemens staff inquired about the possibility of the City releasing retention amounts (5%
of previous payments for service) for the conversion of the City’s cobra head streetlights
and safety lights. Their inquiry was due to the extended length of time between
completion of installation of those respective LEDs (completed by September 10, 2020)
and the length of time in selecting a decorative LED light for High Street. City staff
reviewed the Public Contract Code (PCC) for guidance, particularly with regard to
definitions of completion of work. Section 7107(c)(3) of the PCC notes that completion
could be defined as cessation of labor on the work of improvement for a continuous period
of 100 days or more, due to factors beyond the control of the contractor. Work on the
cobra head streetlights and safety lights ended on September 10, 2020 and is essentially
completed. Section 7107(c)(1) also notes that if “…beneficial use…” of the improvement
(in this case, the new LED illumination and energy cost savings of the conversion) has
taken place, then the work could be considered completed and the retention could be
released. Staff is recommending releasing to Siemens the retention not related to
converting the streetlights on High Street to LED.
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FISCAL IMPACT
Table 1: Project Expenditure Breakdown for FY 2020/21 Expenditures*
Fund Expense Line
Expense Line
Description
Current
FY 20/21 Contractor
General 1000-312-C0050-55200 Infrastructure 215,984.58$
(215,984.58)$ Siemens
Balance -$
TDA 8a 2412-311-M0033-55200 Infrastructure** 88,690.00$
(35,840.70)$ Siemens (Amendment 1)
(29,627.60)$ (different project expenses)
Balance 23,221.70$
Gas Tax 2415-312-C0050-55200 Infrastructure*** 21,911.95$
(4,077.88)$ Siemens
(17,834.07)$ Siemens (Amendment 2)
Balance -$
-$ Total Balance (excluding M0033) *$506,559.02 of Siemens expenditures in FY 2019/20 not reflected in above spreadsheet.
**$35,840.70 spent on converting 108 traffic safety lights at City intersections (traffic signal improvements).
***$21,911.95 Budget Line-Item Adjustment from expense line 2415-311-00000-51000 to 2415-312-
C0050-55200.
Converting the remaining 44 decorative LED streetlights on High Street is projected to
cost $74,325.00. This includes $72,160.00 for the 44 decorative fixtures, $463.50 for 45
pole tags (identification numbers) and $2,178.71 for a 3% contingency. Siemens’ current
Agreement (including $94,777.00 in contingency) has a remaining balance of $56,968.14
that can be contributed towards the $74,802.21. This leaves an additional $17,834.07 in
total increased expenditures. Staff is proposing to increase Siemens’ total not-to-exceed
Agreement amount by an additional $17,834.07; for a total not-to-exceed amount of
$779,819.04.
Staff is proposing to perform a budget line-item adjustment, transferring $21,911.95 from
expense line 2415-311-00000-51000 (Gas Tax) to expense line 2415-312-C0050-55200.
This transfer will reduce demand on the City’s General Fund (1000) for the additional
$17,834.07 and cover a remaining balance of $4,077.88 needed to fund the original
Siemens Agreement amount.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council’s Strategy 5, Goal 2, Objective 3 (5.2.3):
“Complete Purchase and Convert Streetlights.”
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STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Authorize the City Manager to sign Amendment No. 2 to the Agreement with
Siemens Mobility, Inc., increasing the not-to-exceed amount of $762,462.18 to
$780,296.25, subject to final language approval of the City Manager; and
2. Approve a budget line-item adjustment transferring $21,911.95 from expense line
2415-311-00000-51000 to expense line 2415-312-C0050-55200; and
3. Approve releasing retention of $35,027.96 to Siemens Mobility, Inc.
Attachment: Siemens Mobility, Inc. Amendment No. 2
483
ATTACHMENT
AMENDMENT NO. 2
AGREEMENT BETWEEN THE CITY OF MOORPARK AND SIEMENS MOBILITY,
INC., FOR STREETLIGHT TURNKEY SERVICES
This Amendment No. 2 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Siemens Mobility, Inc., a corporation (“Contractor”),
for streetlight turnkey services (“Agreement”), is made and entered into on this ___ day
of ____________________, 202__.
RECITALS
WHEREAS, on November 30, 2018, the City and Contractor entered into an
Agreement to have the Contractor provide construction and other services related to
acquisition and light emitting diode (LED) retrofit for the streetlighting system in the City
of Moorpark; and
WHEREAS, on August 13, 2020, the City and Contractor executed Amendment
No. 1, amending the Agreement to include conversion of one hundred eight (108) high
pressure sodium (HPS) City Safety lights to LED at the City’s intersections controlled by
City-owned traffic signals and increased the compensation for services to be performed
by Contractor from seven hundred twenty-six thousand six hundred twenty-one dollars
and forty-eight cents ($726,621.48) by a value of thirty-five thousand eight hundred forty
and seventy cents ($35,840.70) for a total contract value of seven hundred sixty-two
thousand four hundred sixty-two dollars and eighteen cents ($762,462.18); and
WHEREAS, Contractor has provided an updated price quote to complete
conversion of forty-four (44) decorative HPS streetlights on High Street to LED, with a
that includes costs for the conversion in the amount of seventy-four thousand three
hundred twenty-five dollars ($74,325.00), as detailed in Exhibit F; and
WHEREAS, the current Agreement between the City and Contractor has a
remaining balance of fifty-six thousand nine hundred sixty-eight dollars and fourteen
cents ($56,968.14) and requires a contract increase of seventeen thousand eight
hundred thirty-four dollars and seven cents ($17,834.07); and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from seven
hundred sixty-two thousand four hundred sixty-two dollars and eighteen cents
($762,462.18) by a value of seventeen thousand eight hundred thirty-four dollars and
seven cents ($17,834.07) for a total contract value of seven hundred eighty thousand
two hundred ninety-six dollars and twenty-five cents ($780,296.25), and document said
agreement to amend by jointly approving Amendment No. 2 to the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 1, TERM, is amended by replacing this section in its entirety as follows:
“The term of the Agreement shall be from the date of City Council
approval on November 7, 2018, until completion of the work identified in 484
Amendment No. 2 to Agreement between City of Moorpark and Siemens Mobility, Inc. Page 2
the Scope of Services and in conformance with Exhibits C, D, E and F,
unless this Agreement is terminated or suspended consistent with Section
6 of this Agreement.”
II. Section 2, SCOPE OF SERVICES, is amended by replacing paragraphs one (1),
two (2), and three (3) of the section in their entirety as follows:
“City does hereby retain Contractor in a contractual capacity to
provide construction and other services related to acquisition and retrofit
for the streetlighting system in the City of Moorpark, as set forth in Exhibit
C: Contractor’s Bid Proposal, which exhibit is attached hereto and
incorporated herein by this reference as though set forth in full and
hereinafter referred to as the “Proposal” and as set forth in Exhibit D: City
Request for Proposal Documents, which exhibit is attached hereto and
incorporated herein by this reference as though set forth in full and
hereinafter referred to as “Bid Documents” and as set forth in Exhibit E:
Price Schedule for Additional LED Safety lights to be Installed at
Intersections with City-owned Traffic Signals, which exhibit is attached
hereto and incorporated herein by this reference as though set forth in full
and hereinafter referred to as “Safety Lights” and as set forth in Exhibit F:
Price Schedule for Decorative LED Streetlight Fixtures to be Installed at
City-Owned Streetlight Poles on High Street, which exhibit is attached
hereto and hereinafter referred to as “Decorative LED Fixtures”. Where
said services as set forth in Exhibits C, D, E, and F are modified by this
Agreement, or in the event there is a conflict between the provisions of
Exhibit C, Exhibit D, Exhibit E, Exhibit F and this Agreement, the language
contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit
C, Exhibit D, Exhibit E, and Exhibit F. Contractor shall complete the tasks
according to the schedule of performance which is also set forth in Exhibit
D.
Compensation for the services to be performed by Contractor shall
be in accordance with Exhibit C, Exhibit E and Exhibit F. Compensation
shall not exceed the rates or total value of six hundred eighty-five
thousand five hundred nineteen dollars and twenty-five cents
($685,519.25) as stated in Exhibit C, Exhibit E and Exhibit F, plus a
contingency of ninety-four thousand seven hundred seventy-seven dollars
($94,777.00) for a total contract value of seven hundred eighty thousand
two hundred ninety-six dollars and twenty-five cents ($780,296.25) without
a written amendment to the agreement executed by both parties. Payment
by City to Contractor shall be as referred to in this Agreement.”
III. Section 5, PAYMENT, is amended by replacing paragraph one (1) in its entirety
as follows:
“The City agrees to pay Contractor monthly, in accordance with the
terms and the schedule of payment as set forth in Exhibit C, Exhibit D,
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Amendment No. 2 to Agreement between City of Moorpark and Siemens Mobility, Inc. Page 3
Exhibit F, and Exhibit F attached hereto and incorporated herein by this
reference as though set forth in full based upon percentage of completion
of the Scope of Work in Exhibit C, Exhibit D, Exhibit E, and Exhibit F. This
amount shall not exceed six hundred eighty-five thousand five hundred
nineteen dollars and twenty-five cents ($685,519.25) as stated in Exhibit
C, Exhibit E and Exhibit F, plus a contingency of ninety-four thousand
seven hundred seventy-seven dollars ($94,777.00) for a total contract
value of seven hundred eighty thousand two hundred ninety-six dollars
and twenty-five cents ($780,296.25) for the total term of the Agreement
unless additional payment is approved as provided in this Agreement.”
IV. Section 27, PRECEDENCE, is amended by replacing this Section in its entirety
as follows:
“Contractor is bound by the contents of City’s Bid Documents (Exhibit D),
Proposal (Exhibit C), Safety Lights (Exhibit E), and Decorative LED
Fixtures (Exhibit F) attached hereto and incorporated herein by this
reference as though set forth in full. In the event of conflict, the
requirements of the City’s Bid Documents and this Agreement shall take
precedence over those contained in the Proposal, Safety Lights, and
Decorative LED Fixtures.”
V. Remaining Provisions:
Except as revised by this Amendment No. 2, all of the provisions of the
Agreement shall remain in full force and effect.
In Witness Whereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK SIEMENS MOBILITY, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Steven Teal
Director of Services
_______________________________
Michael Hutchens
Operations Manager
Attest:
_______________________________
Ky Spangler
City Clerk
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Amendment No. 2 to Agreement between City of Moorpark and Siemens Mobility, Inc. Page 4
EXHIBIT F
PRICE SCHEDULE FOR
DECORATIVE LED STREETLIGHT FIXTURES TO BE INSTALLED AT
CITY-OWNED STREETLIGHT POLES ON HIGH STREET
Description
Unit
Price Qty
Extended
Price Comment
Acuity Acrylic Washington
Postlite Fixture including
tenon extension bracket and
photocell $1,640.00 44 72,160.00$
$40,556.25 previously
approved "Exhibit C".
Pole Tag $10.30 45 463.50$
Contingency (3%)2,178.71$
$16,411.89 in existing
contingency available
74,802.21$
56,968.14$
Subtotal
Previous Approved Allocation
487