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2024/05/28 City Council Resolution 2024-034 RESOLUTION NO. 2024-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 3 TO THE MAINTENANCE AGREEMENT WITH DC ELECTRIC GROUP, INC. FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $300,000, DECLARING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,AND RELATED ACTIONS WHEREAS, in May 2023,the City Council approved a maintenance agreement. and an amendment for a total amount of$250,000 with DC Electric Group, Inc.; and WHEREAS,the amount of traffic signal component replacement,traffic signal knockdown responses, non-routine signal maintenance, and signal troubleshooting have been significant enough to require amending the current DC Electric Contract amount by an additional $50,000, for a total of$300,000 per year for traffic signal maintenance and emergency response; and WHEREAS, staff recommends executing a third amendment to the contract with DC Electric to authorize up to $300,000 total for maintenance services for this fiscal year and each fiscal year after while the contract is in place; and NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a third amendment to the maintenance agreement by and between DC Electric, a commercial electrical contractor, and the City of Rohnert Park, a municipal corporation, for the services as shown in Exhibit"A", subject to minor modifications by the City Manager or City Attorney. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize the City Manager to take all actions necessary to effectuate this approval including executing the third amendment to the maintenance agreement with DC Electric, Inc. BE IT FURTHER RESOLVED that the items contemplated in the amended maintenance agreement are exempt under CEQA Guideline 15301, as the work consists of only minor alterations, repair, and maintaining operations to existing infrastructure. DULY AND REGULARLY ADOPTED this 28th day of May, 2024. CITY OF R ERT PARK ATTEST: Susan H. Adams, Mayor izabe h Machado, ssistant City Clerk 1 AP OV TO Michelle M. Kenyon, it orney Exhibit A ELWARD: RODRIGCEZ: ALle. SANBORN: 1e GIUDICE:C t e ADAMS: AYES: ( S ) NOES: ( f ) ABSENT: ( � ) ABSTAIN: (� )� Resolution 2024-034 Page 2 of 2 Resolution Exhibit A OAK #4865-6802-7836 v1 1 THIRD AMENDMENT TO AGREEMENT BETWEEN DC ELECTRIC GROUP, INC. AND THE CITY OF ROHNERT PARK FOR TRAFFIC SIGNAL MAINTENANCE, EMERGENCY REPAIR SERVICES This Third Amendment to the Agreement for Traffic Signal Maintenance and Emergency Repair Services (“Third Amendment”) is made this 28th day of May, 2024, by and between the DC Electric Group, Inc. (“Contractor”) and the City of Rohnert Park (“City”). RECITALS WHEREAS, the City entered into an agreement for Traffic Signal Maintenance and Emergency Repair Services with Contractor, dated May 26, 2020 (the “Agreement”); and WHEREAS, the Agreement provides for maintenance and repair services for certain traffic signals for a three- (3-) year term ending on May 26, 2023 with an extension allowance, and emergency services as outlined in Exhibit A of the Agreement; and WHEREAS, in May 2023, the City Council extended the Agreement until May 26, 2025; and WHEREAS, the Agreement plus the First and Second Amendments stated that total compensation shall not exceed $250,000, including repairs and emergency services as needed, without further authorization from the City, as outlined in Exhibit B of the Agreement; and WHEREAS, City and Contractor would like to amend the compensation for work to include an additional $50,000 for increased routine maintenance, emergency response, and USA Locate services for a total Agreement amount not to exceed $300,000. NOW, THEREFORE, IT IS AGREED, as follows: 1. Compensation. Attachment 2 is hereby amended to increase the Unit Cost: The fiscal year not-to-exceed limit specified in Exhibit B is increased from $250,000 to $300,000, starting fiscal year 23/24: Compensation to Contractor under this Agreement, as amended by this Third Amendment, shall not exceed $300,000 per fiscal year (July to June) without further written approval by the City. Attachment 2 of the Agreement shall be billed on a time and materials basis in accordance with the “Compensation for Extra Work” provisions of Exhibit B of the Agreement. 2. Agreement in Full Force and Effect. Except as modified by the terms of this Amendment, all other terms and conditions of the agreement shall remain in full force and effect. OAK #4865-6802-7836 v1 2 NOW, THEREFORE, the City and Contractor execute this Amendment effective as of the date first written above. CITY OF ROHNERT PARK DC ELECTRIC GROUP, INC. By:_________________________________ By:___________________________ Marcela Piedra, City Manager Title: Per City Council Resolution _____________ Date: Approved May 28, 2024 ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Approved as to form: ______________________________ City Attorney Signature on file with Clerk's Office