HomeMy WebLinkAboutWRCOG & Siemens Mobility & Siemens Industry PSA First Amendment to Appendix #4 11-12-2019 FIRST AMENDMENT TO
APPENDIX#4
City of Lake Elsinore
This First Amendment to the Appendix #4 to the Amended and Restated Western
Riverside Council of Governments Professional Service Agreement ("First Appendix
Amendment") is made as of 2 day of W 2019 by and between the Western
Riverside Council of Governments, a California public agency ("WRCOG"), Siemens
Mobility, Inc., a Delaware corporation ("SMI"), Siemens Industry Inc., Intelligent Traffic
Systems, a Delaware corporation ("Siemens Industry") and the City of Lake Elsinore
("Member Agency"). The WRCOG, SMI, and Member Agency are sometimes individually
referred to as "Party" and collectively as "Parties."
RECITALS
WHEREAS, the WRCOG and Siemens Industry Inc., Intelligent Traffic Systems, a
Delaware corporation ("Siemens Industry") entered into a Professional Services Agreement
("Original Agreement") on December 18, 2017.
WHEREAS, the WRCOG and Siemens Industry amended and restated the Original
Agreement on March 27, 2018, to include additional language ("Agreement").
WHEREAS, the WRCOG, Siemens Industry and Member Agency executed Appendix#4
to the Agreement ("Original Appendix") on November 1, 2018.
WHEREAS, the WRCOG and SMI now wish to amend the Appendix to include a CPI
increase and the transfer and assignment of the Appendix.
TERMS
NOW, THEREFORE the parties enter into this First Amendment to the Appendix:
1. Transfer and Assignment of Appendix. The Appendix previously held by Siemens
Industry is transferred and assigned to SMI. SMI hereby expressly and unconditionally assumes
all the rights, duties and obligations of Siemens Industry under the Appendix. SMI hereby
agrees to observe and fully perform all of Siemens Industry's obligations under the Appendix,
and to be subject to all the terms and conditions thereof.
2. CPI Increase. Section 4 is hereby added to the Appendix to read as follows:
4. CPI Increase. In recognition of the general increase in the
cost of doing business, the parties agree to an increase in the
compensation rates as of July 1st of each calendar year
(commencing July 1, 2019), in an amount equal to the increase in
the U.S. Department of Labor Consumer Price Index "CPI" for the
previous calendar year (January 1 through December 31) for all
urban consumers in the Riverside County, California area;
provided that the CPI adjustment shall be rounded up to the nearest
First Amendment to Appendix #4 -Lake Elsinore
20323.00024\3 2133 825.3
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full dollar, and further provided that the CPI adjustment shall not
exceed five percent (5%) for any year. Notwithstanding any
provision herein to the contrary, SMI may request, on or before
March 31 st of each year, an increase in the rates over and above the
CPI adjustment upon a showing of good cause for such increase;
provided that the approval or disapproval of any such request shall
be made by the WRCOG in its sole and absolute discretion.
3. Amendment of Exhibits. The Parties hereto agree to replace Exhibit "A" (Scope of
Services), Exhibit `B" (Schedule of Services), and Exhibit "C" (Compensation) attached to the
Original Appendix with the attached Exhibits.
4. Modification: No alteration or variation of the terms of this First Amendment to the
Appendix shall be valid unless made in writing and signed by the parties hereto.
5. Continuation of Existing Provisions. Except as amended by this First Amendment,
all provisions of the Appendix shall remain in full force and effect and shall govern the actions
of the parties under this First Amendment.
Signature page follows
First Amendment to Appendix#4 -Lake Elsinore
2032 3.00024\32133 825.3
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Dated this { ,Z of p4ern►Gf2019.
WRCOG SMI
By: P"j,r--- w By:J"/dtt Uowyyj
Ric c Bishop, Executive Nrector Name:Ayotat WX%g-A
Its:ba�AwW64,k3 r9i get tAlV,
APPROVE TO FORM:
APPROVED AS TO FORM:
By: AL �
a By:
G eral Counsel Name:
Its:
Siemens Industry
Member Agency
By: By:
By:
ame: City M er
Its: �U iTf
ATTEST:
APPROVE A TO FORM:
By:
By: walc City Clerk
Name: 4yc q3 E
Its: C&0 ITS APPRO D AS TO F
By: — Ab4o ,
Ci Attorney
Signature page to First Amendment to Appendix#4 -Lake Elsinore
20323.00024\32133 825.3
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EXHIBIT"A"
SCOPE OF SERVICES
Siemens Intelligent Traffic System proposes the following scope of work for services related to
the street lights located in the Western Riverside Council of Governments (WRCOG) subregion.
These services include the turnkey services related to installation of LED street lights and the
ongoing operations and maintenance of the street light systems for member jurisdictions. These
services are extended to the street lights currently owned by the member jurisdictions, those to
be purchased from Southern California Edison and any additional assets that are installed within
the contract period. Siemens extends this contract for 5 years for date of execution, with the
option for additional extension if agreed upon by all parties. All services included in the Scope
of Services will be billed per the rates outlined in Exhibit C.
Project Development
The Project Development phase includes several key elements that must take place for member
jurisdictions to effectively acquire street lights from Southern California Edison (SCE), efficiently
convert to LED technology and begin operating and maintaining the system.
1. SCE Coordination- Facilitate the "Cut-Over" Process with SCE
Siemens will assist WRCOG and member jurisdictions in communication and scheduling with
Southern California Edison representatives during the acquisition phase. Siemens will
coordinate the development of an agreed upon schedule and geographic plan for the associated
field work and cutover of assets from SCE to member jurisdictions. Specific scope includes:
• Participation in SCE calls
• Develop cut over schedule and work flow with SCE subcontractors
• Provide review of"fielding" data from SCE and associated subcontractors
• Update Street light database to include new street lights previously not included in
valuations and other associated data corrections/modification/additions.
• Track billing adjustments from SCE as street lights are acquired
• Support WRCOG and its member jurisdictions with the Inventory, Inspection and
Transition Activities as identified in the City's Purchase and Sales Agreement
(Agreement) with SCE
2. Street light pole tagging and field verification
Siemens will install street light pole tags during the installation of the LED street light fixture. The
tags will either be furnished by WRCOG, member jurisdiction or by Siemens. The associated
pole tags will be designed and approved with jurisdiction/regional street light numbering
sequence by WRCOG and/or jurisdiction staff. Siemens will install pole tags and update the
web based WRCOG database of information for each pole, referencing the associated pole
number.
Siemens will verify street light asset attributes during the LED installation utilizing the web based
WRCOG database. The information to be reaffirmed in the database upon conversion shall
Appendix 4 — Lake Elsinore— Exhibit A
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include condition of asset, GPS coordinates for each asset, pole type, pole height, arm length,
luminaire type, wattage, lamp type, voltage, general pole condition, service feed type: overhead
or underground, city and SCE pole structure number (in the case the numbers are different) and
description of point of demarcation between jurisdiction and SCE facilities.
3. Procurement Support- LED Material Selection and Design (optional)
Siemens can provide support in the process of selecting and procuring fixtures for the project
and provide recommendations to the City for final approval. This service includes identifying
material vendors, soliciting proposals from vendors and performing a detailed evaluation of
material proposals submitted.
Fixture selection is typically based on a variety of factors that ultimately will lead to identification
of the best solution for the customer. Some of the factors considered are:
• Fixture efficiency
• Demonstrated durability
• Material cost
• Availability/production lead times
• Design functionality
• SCE rebate eligibility
• Life-cycle cost
Concurrent with the evaluation of fixture alternatives, Siemens can provide additional design
support. This includes evaluating basic standard lighting configurations which exist on various
street types throughout a jurisdiction. This includes reviewing current existing light levels,
performing photometric analysis and recommended replacement fixture standards to apply
throughout the conversion process. The process of ordering and staging replacement LED
fixtures will be greatly aided by establishing these conventions. These services will be billed at
a time and material basis per the labor rates outlined in Exhibit C. In the event that Siemens
provides procurement services, Siemens will waive the fees associated with this service.
Project Implementation
The implementation phase addresses the various tasks needed to convert each newly acquired
street light with a suitable LED fixture and process all data, billing and rebate applications.
Siemens will develop a City specific project plan which will include pre-construction meetings,
staging of material, installation, and other acquisition and retrofit project milestones.
1. Procurement Support- LED Material Purchasing (optional)
Siemens can direct purchase associated material for the .project as approved by the WRCOG
and member jurisdiction. This procurement support extends to all associated materials, such as
LED fixtures, photocells, pole tags, lighting controls, poles, mast arms and all other associated
street light system components. Siemens can receive, warehouse and manage all material prior
to installation and process all warranty information with manufacturers as needed. Warranty
Appendix 4 — Lake Elsinore — Exhibit A
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information will be retained by Siemens with appropriate copies provided to the member
jurisdiction for future use.
2. LED Fixture Installation
Siemens will coordinate and complete all aspects of the conversion of HID fixtures to LED
fixtures. This includes coordinating with WRCOG staff regarding procurement, receiving
materials at a jurisdiction facility during typical working hours, providing equipment and labor for
the complete installation of LED fixture and associated materials and field update of WRCOG
provided web based GIS database.
Prior to beginning conversion efforts, Siemens will coordinate all traffic control requirements with
the member jurisdiction to gain approval for approved methods for various street configurations,
including allowable working hours on arterials, in commercial areas and in residential
neighborhoods. MUTCD standards will be adhered to.
Installation progress will be tracked on a daily basis by the project's Siemens Field Supervisor
and Project Manager, and a brief status report that includes project status and any current
issues will be provided to WRCOG and the jurisdiction on a weekly basis.
3. House Side Shield Installation
Siemens will install manufacturer approved house-side shields on LED street lights, as
instructed by member jurisdiction. All requests for shields will be reviewed and approved by
member jurisdiction staff prior to installation. Siemens can collaborate with member jurisdiction
on specific strategies for implementing house side shields during the LED conversion. Siemens
will install house-side shield on up to 10% of new LED street lights upon request, within the first
year. Full cost of material and labor included in retrofit costs.
Siemens recommends that house side shields for LEDs be installed at sites where HPS fixtures
currently have them. The like-for-like replacement can increase customer satisfaction and
reduce the amount of visits to the same location.
4. HID Fixture Disposal
Siemens will be responsible for all fixture disposal and recycling. Disposal of existing luminaries
and any other discarded materials will follow all applicable California Recycle and Disposal
Laws. Siemens will produce a recycling plan, to be approved by the member jurisdiction.
Following disposal, a manifest of disposal will be provided to the member jurisdiction, that
specifies what was recycled, what was sent to the landfill, and how hazardous material was
disposed of. Siemens reserves the right to select disposal and recycling firms. This includes use
of approved bins and locations for temporary holding locations of fixtures, etc. All disposal
costs, fees, etc. are included in the retrofit costs.
5. Record Documents
Fallowing the completion of the implementation phase and City acceptance, Siemens will
generate project close out documentation. This includes (but is not limited to) the following:
Appendix 4 — Lake Elsinore— Exhibit A
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• Final Installation Data
• A summary report of the LED installation database information updated throughout the
installation. This is based on the WRCOG provided web based database.
• As-built documentation (as-needed)
• As-built schedule of the project and a comparison of the actual installation vs. the
• scheduled baseline.
• A summary of any scope changes that occurred
Siemens will prepare and submit the final rebate documentation to the utility. In addition,
Siemens will verify that the billing rate change has been submitted and accepted, and that the
utility bill is correct.
Once the rebate is secured, the billing is verified then a final project closeout report will be
generated. This will consist of a complete inventory database of the installed system with GIS
locations and attributed of the LED street light system. Furthermore, this report will also include
the final results of the rebate allocation, the energy savings to date and the final estimated
energy savings for future years, summarizing the final results of the project.
Maintenance Phase
This phase will begin once a member jurisdiction pays SCE for a group of assets. This will be
done in phases to be determined by SCE„ the City and Siemens.
The maintenance phase will transition from initial maintenance of the existing poles with HID
fixtures to maintenance of existing poles with new LED fixtures as the project progresses.
Siemens will provide maintenance services for all fixtures acquired by the City from SCE and
provide a monthly bill prorating the fixtures acquired throughout the previous month, by
technology and fixture type.
General Maintenance will consist of all operations and repairs starting at the pull box or bottom
of street light pole where the fuse holder or secondary power source necessary to keep all
street lights operations, and associated wiring within the street light circuit.
1. Customer Service
Siemens will develop and implement a customer service portal for each member jurisdiction to
effectively manage all incoming street light inquiries from public and from the member
jurisdiction. General customer services include:
• 24/7 telephone and web based reporting service
Web portal access for member jurisdiction and designated representatives
• Quarterly repo rti ng/su rn maries of customer inquiry activity
• Customer service feedback survey
Appendix 4 — Lake Elsinore — Exhibit A
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2. Routine Street light Maintenance Duties
A base monthly fee is established for maintenance of the street light system on a per month, per
light basis. Siemens will respond to standard maintenance calls within 5 working days. The fee
will reflect the total number of lights being served along with and adjustments for special
fixtures/poles.
Routine Maintenance tasks include but are not limited to:
• RMA of LED Fixture (Shipping and handling)
• Warranty management of defective LEDs
• Traffic Control
• General Cleaning During Call Out
• Outage Nights Checks
• Photocell Replacement
• Fuse Replacement
• Fuse Holders Replacement
Hand Hole Covers (up to 0.05% of stock, annually)
• False Calls
The fee is expected to be all inclusive, with the sole exceptions being those items identified in
the extraordinary maintenance section. Annual services include:
• System problem assessment/diagnostics
• Repair and replacement of damaged/inoperable fixture material
o For HID fixtures this can include repair or replacement of constituent parts. Such
as lamps, ballasts, starters, reflectors, diffusers, etc.
o For LED fixtures this can include repair or replacement of constituent parts. Such
as drivers, lenses, and LED arrays. Typically LED fixtures will be covered under
warranty and will be processed accordingly.
• Photocell repair and maintenance
• Hand hole cover replacement of standard hand hole covers. Limited to 0.05% of stock
annually.
• Coordination with 3rd party attachment licensees
• Quarterly review of system operation (night check)
• General cleaning of fixture during maintenance call out
• Customer service portal operations
• LED fixture warranty processing
3. Extraordinary Street light Maintenance Duties
Siemens recognizes that there will be situations that can and will occur during the maintenance
phase of the project that are best addressed individually based on the actual occurrence and
not covered under a monthly fixture price. Items such as accidents resulting in the street lights
being damaged and replaced or the need for specialized shielding devices are expected to
Appendix 4 — Lake Elsinore — Exhibit A
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occur, though the frequency may vary considerably. These items are being defined as
extraordinary maintenance and not included in the base monthly fee for standard maintenance.
The following items have specifically been identified as extraordinary maintenance:
• 2417 emergency response and securing field location for basic public safety. This would
typically include pushing pole out of the right-of-way or from private property, taping off
the area of the debris, capping/taping live wires, checking street light circuit and
documenting all work activities for insurance purposes.
• Pole knockdown repair. Services can include:
o removal of all associated spoils and debris from original installation
o installation of new street light pole and associated system components
o installation of associated foundation
o Adjacent concrete repair/cap replacement
• House side shield installation (if occurs after year one)
• Overhead wiring replacement
• Pole graffiti abatement
• Pole painting
• USA Dig Alert services
Appendix 4 —take Elsinore— Exhibit A
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EXHIBIT"B"
SCHEDULE OF SERVICES
Streetlight Timeline
Acquisition SCE sends CPUC Financial SCE Phase 1 Phase 2 (if Phase 3 (if Phase 4 (if
Process to CPUC approval Closing Transition Transition needed) needed) needed)
date Start (retrofit
start
Retrofit,O&M,LED fixture,and Retrofit,O&M Finance Closing LED fixture delivery date GOAL
financing GOALS service selection and LED
GOAL selection GOAL
Lake Elsinore Complete 3/31/2018 11/1/2018 6/7/2019 Est. Sept. 2019
Appendix 4 — Lake Elsinore— Exhibit B
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'12:)�'d I A ENS
May 29, 2019
Mr. Tyler Masters
Western Riverside Council of Governments
3390 University Avenue, Suite 450
Riverside, CA 92501-3315
Subject: Amended and Restated Western Riverside Council of Governments
Professional Services Agreement (Proposal No. 17-04) Consumer Price Index
Adjustment (2.8%)
Extension Term: July 1, 2019—June 30, 2020
Labor, Materials and Equipment Pricing Sheet
EXHIBIT"C"
Billing Rates
Item IDescription I unit cost
Project Development
This includes the labor for installation of a unique pole ID tag
Street light for each pole.Pole tags will be affixed to poles with adhesive,
1 pole ID tag no riveting or drilling will be performed.The pole tags will be $lo.00/pole
installed at the same time as the LED fixture conversion.
Project Implementation
This includes the costs for labor,equipment(trucks,lifts,
LED tools,traffic control,etc.)and materials needed to
replace existing cobra head fixtures with a new LED 2 Replacement fixture.Includes update of WRCOG database with model $s�•00/Each
Cobra head
number installed and installation date.This also
included the cost for disposal of HID materials.
This includes the cost for labor,equipment(trucks,lifts,
tools,traffic control,etc.)and materials needed to
LED replace existing post top fixtures with a new LED fixture.
3 Replacement Includes update of the database with model number $114.00/Each
Decorative installed and installation date.The cost per pole shall
not include the cost of the actual fixture.
This includes the costfor labor,equipment(trucks,lifts,
House side tools,traffic control,etc.)and incidental materials
4 shield needed forthe installation.Includes update of the $64.00/Each
installation database.The cost does not include the cost of the
Separate cal1l1 shield itself.
Appendix 4 — Lake Elsinore— Exhibit C
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5 EMEV\
Routine Maintenance-Pre-LED Conversion
This includes the monthly costs for maintenance of all
HPS cobra head fixtures during the period from
HPS Fixture acquistion of poles through retrofit with new LED fixture.
Costs include all labor,materials and equipment needed
Maintenance to keep the existing fixtures functioning properly until
5 Cobra(labor, $1.59/Each
the new LED fixtures are installed.This includes all
materials, anticipatred costs for repairs and maintenance during
equipment) that time including bulb replacements,ballast
replacements,field calls etc.as assumed and prorated
across the HPS inventory.
This includes the monthly costs for maintenance of all
HPS post top fixtures during the period from acquistion
HPS Fixture of poles through retrofit with new LED fixture.Costs
Maintenance- include all labor,materials and equipment needed to
Post Top keep the existing fixtures functioning properly until the
6 Acorn(labor, new LED fixtures are installed.This includes all $3.60/Each
materials, anticipatred costs for repairs and maintenance during
equipment) that time including bulb replacements,ballast
'replacements,field calls etc.as assumed and prorated
across the HPS inventory.
HPS house This includes the cost for each HPS house side shield
side shield installation that maybe requested during the pre-
Installation retrofit stage.Costs include all labor,equipment and
7 (labor, materials including the cost of the shield.These would $65.79/Each
materials, be billed on an individual basis(not monthly or per pole
equipment) being maintained).
This includes the cost for all regular maintenance and
LED Fixture associated tasks to maintain the cobrahead fixtures in
8 Maintenance the street light system.Detailed scope is included in the $0.67/each/month
Cobra head Part 1.Scope of Work document above.
This includes the cost for all regular maintenance and
LED Fixture associated tasks to maintain the post top fixtures in the
9 Maintenance street light system.Detailed scope is included in the Part $2.06/each/month
Decorative 1.Scope of Work document above.
This includes the costs for labor,equipment(trucks,lifts,
tools,traffic control,etc.)and materials needed to
LED replace existing cobra head fixtures with a new LED
10 Replacement fixture.Includes update of WRCOG database with model $5�.60/Each
Cobra head number installed and installation date.This also
included the cost for disposal of HID materials.
This includes the costs for labor,equipment(trucks,lifts,
tools,traffic control,etc.)and materials needed to
LED replace existing posttop fixtures with a new LED fixture.
11 Replacement includes update of database with model number $117,19/Each
Decorative installed and installation date.The cost per pole shall
not include the cost of actual fixture.
Appendix 4 — Lake Elsinore— Exhibit C
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HE11 dERI
This includes the costs associated with the insallation of
a house side shield on a LED fixture excluding the cost of
the actual shield.The costs should include labor,
House side equipment,tools and incidental materials needed to
12 shield $65.79/Each
complete a standard installation.This assumes a
installation standard cobra head style fixture and a factory standard
shield available for purchase(does not include custom
installations and decorative fixtures).
Extraordinary Maintenance
(Reference pricing only-this scope will be quoted on time and material basis)
This includes the costs associated with the replacement
of an entire street light pole,luminaire arm,fixture and
wiring typically associated with a street light kockdown
that does not require replacement of the foundation.
Knockdown 1 This is based on the following assumptions:a 30 foot,
pole marbelite pole with a standard 150 watt equivalent LED
13 replacement cobra head fixture.The City understands that there will
p be considerable variation in costs for these repairs under $4,728.80/Each
No
foundation the contract and anticipates work being authorized
individually through a quote process.These repairs will
not be completed as past of an initial emergency
response.Costs are based on a single replacement with
work completed during normal work hours scheduled
within the requested repair interval.
lThis includes the costs associated with the replacement
of an entire street light pole,luminaire arm,fixture and
wiring typically associated with a street light kockdown
that does not require replacement of the foundation.
This is based on the following assumptions:a 30 foot,
pole vn Kn marbelite pole with a standard 150 watt equivalent LED
pole cobra head fixture.The City understands that there will
14 replacement be considerable variation in costs for these repairs under $7,118.90/Each
with the contract and anticipates work being authorized
foundation individually through a quote process.Theses repairs will
not be completed as part of an initial emergency
response.Costs are based on a single replacement with
work completed during normal work hours scheduled
within the requested repair interval
Pull box lid This includes the cost of labor,materials and equipment
15 to purchase,supply and replace a pull box lid with a $169.62/Each
replacement
fiberlyte lid due to damage or missing lid.
This includes the estimated cost per pole to remove or
cover reported graffiti.Costs include labor,equipment
Pole graffiti and materials needed to complete each individual
26 abatement abatement assuming time required to abate graffiti is $66.82/Each
less than 30 minutes.Work limited to under4SF and/or
lower than 7ft.
Appendix 4 — Lake Elsinore — Exhibit C
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HE, R FRINi
Total cost to repair or replace damaged overheard
wiring.Cost provided per foot of wire being replaced.
Overhead Costs include labor,equipment and materials to
17 wiring
complete the repair during normal working hours.The $15.42/foot,or lump
replacement City understands that there will be considerable sum as quoted
variations in costs forthese repairs under the contract
and anticipates work being authorized individually
through a quote proce55.
This includes the costs on a per occurrence(per pole)
basis for all labor,equipment and materials needed to
prep and paint a standard metal street light pole
is Pole painting (assume 30 foot).it is assumed that a minimum of 5 $152.41/Each
poles and a maximum of 20 poles would be scheduled
_ for painting as a group.
Siemens typically prices this service out on a per
occurrence basis.This includes the following:Siemens
19 USA Dig Alert technician identifies the point of demarcation on site $2.31.30/Each
using field equipment.This is typically limited to
approximately 100-150linear ft per call out.
1. Labor Regular Time* Overtime* Premium Time*
Maintenance
$107.94 $138.78 $164.48
Superintendent
Foreman $107.94 $138.78 $164.48
Electrician $100.74 $128.50 1 $149.06
Laborer $87.38 $118.22 $138.78
Energy Engineer $185.04 N/A N/A
2. Equipment Rate per Hour
Bucket Truck $28.78
Service Truck $25.70
3. Material Mark up (from actual invoice cost)
Street light LED Retrofit
Installation Materials 15%
Street light Maintenance Materials 15%
* Work hours are as follows:
o Regular Hours—7:30am to 4:00pm Monday Thru Friday except Holidays
o Overtime
1. Monday thru Friday after 4:00pm (for the first four hours)
2. Saturday for the first 12 hours worked
o Premium Time
1. Monday thru Saturday After 12 working hours
2. Sunday& Holidays all day(24 hours)
Appendix 4—Lake Elsinore— Exhibit C
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