HomeMy WebLinkAbout10 - Amendment to Agreement for On-Call Streetlight Electrical Repair ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q4�:09 City Council Staff Report
April 26, 2022
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011,
mvukojevic@newportbeachca.gov
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst
jrosenbaum@newportbeachca.gov
PHONE: 949-644-3057
TITLE: Amendment No. One to Agreement for On -Call Streetlight Electrical
Repair Services with Yunex, LLC (formerly Siemens Mobility, Inc.)
ABSTRACT:
The City of Newport Beach (City) requires a contractor for emergency streetlight electrical
repairs to ensure public safety and expedient repairs when a streetlight pole is damaged.
The current contract expires July 31, 2022. The Utilities Department is proposing the
execution of Amendment No. One with Yunex, LLC to continue to provide these services
for an additional three years.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. One with Yunex LLC, for on-call streetlight electrical repair
services to extend the contract term for an additional three years to July 31, 2025, and
authorize the Mayor and City Clerk to execute the Amended Agreement.
DISCUSSION:
The City has approximately 6,000 streetlights that range from 240 to 5,000 volts, which
occasionally require contractor abilities to make as -needed repairs or replacement.
Although most repairs are performed by City staff electricians, the City requires a
contractor that can quickly mobilize crews and equipment. The contractor can handle the
high voltage electrical equipment, such as service cabinets, circuits and streetlight poles.
Its staff responds to emergency streetlight pole knockdowns, which includes removing
streetlight debris, de -energizing circuits and making the area safe until the streetlight can
be repaired or replaced. In 2021, there were 24 streetlight poles and three service
cabinets that were replaced due to vehicular accidents. Additionally, the contractor is
used to replace circuitry, streetlights and service cabinets on an as -needed basis.
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Amendment No. One to Agreement for On -Call Streetlight Electrical Repair Services
with Yunex, LLC (formerly Siemens Mobility, Inc.)
April 26, 2022
Page 2
The Utilities Department originally entered into an agreement in 2017 with Siemens
Mobility Inc. after a competitive process. Siemens recently reorganized and assigned its
existing agreement to its subsidiary, Yunex LLC. That agreement will expire July 31,
2022. The staff and project manager have remained intact, and the company has
performed satisfactorily. It also performs traffic signal maintenance and repairs under an
existing agreement with the Public Works Department.
Staff recommends approval of an Amendment No. One which will extend the contract
term for an additional three years and provide for a minimal cost -of -living adjustment to
the billing rates. The original contract's authorized compensation amount's remaining
balance has sufficient funds to cover the adjusted billing rates over the additional three
years. Therefore, no additional contract compensation monies are being requested for
Amendment One.
FISCAL IMPACT:
The adopted budget includes sufficient funding for these services. It will be expensed
primarily to the General Fund, Streetlight Division's Maintenance and Repairs account in
the Utilities Department, 0109063-811017.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A —Amendment No. One On -Call Maintenance/Repair Services Agreement
with Yunex LLC., for Streetlight Electrical Repair Services
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ATTACHMENT A
AMENDMENT NO. ONE TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH YUNEX, LLC FOR
ON-CALL STREELIGHT ELECTRICAL REPAIR SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
26th day of April, 2022 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and YUNEX LLC, a
Delaware limited liability company ("Contractor"), whose address is 9225 Bees Caves
Road, Austin, Texas 78733, and is made with reference to the following:
RECITALS
A. On July 25, 2017, City and Siemens Industry, Inc., a Delaware corporation entered
into an On -Call Maintenance/Repair Services Agreement ("Agreement"), to
provide On -Call Streetlight Electrical Repair Services.
B. On September 4, 2018, City consented to assignment of the Agreement from
Siemens Industry, Inc. a Delaware corporation to Siemens Mobility, Inc., a
Delaware corporation.
C. On March 7, 2022, City consented to assignment of the Agreement from Siemens
Mobility, Inc. to Yunex LLC, a Delaware limited liability company.
D. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to July 31, 2025 and to update the Schedule of Billing Rates attached
hereto as Exhibit B.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on July 31, 2025, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One, shall collectively be known as "Exhibit B."
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3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Yunex LLC Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: -�
on C. Harp v �.(,. vi -
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONTRACTOR: YUNEX LLC, a
Delaware limited liability company
Date:
Steve Teal
Director, Service
Date:
Ancha] Bansal
Commercial Manager, Service
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
Yunex LLC Page 3
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EXHIBIT B
SCHEDULE OF BILLING RATES
Yunex LLC Page B-1 10-6
EXHIBIT B
SCHEDULE OF BILLING RATES
(Effective April 26, 2022)
Standard Labor
Rate
Minimum Call Out Time
Regular Work Hours
$108.001 Hour
2 Hours
After -Hours
$143.001 Hour
2 Hours
Weekends
$143.001 Hour
2 Hours
Holidays
$171.001 Hour
2 Hours
Pole Knockdown Disposal
Fee
$200.00
Rate
Equipment/Truck
Crew Truck
$25.001 Hour
Boom Truck
$55.001 Hour
Bucket Truck/Crane
$30.001 Hour
Materials Markup
10%
The billing rates contained herein include all essentials necessary for the performance of
the duties specified in the Scope of Work, including, but not limited to: insurances,
related equipment, traffic control and safety, etc.
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