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HomeMy WebLinkAbout4.3 Amendment to the Agreement with Western Pacific Signal, LLC (2)STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to the Agreement with Western Pacific Signal LLC Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider a second amendment to the agreement with Western Pacific Signal, LLC, to extend the agreement term and to increase the not-to-exceed compensation amount for traffic signal operations and signal communication upgrades. STAFF RECOMMENDATION: Adopt the Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC. FINANCIAL IMPACT: The proposed second amendment to the contract services agreement with Western Pacific Signal, LLC, will extend the term of the agreement from June 30, 2021 to June 30, 2023 and will increase the not-to-exceed amount from $200,000 to $360,000. The additional funds will be provided through one or more of three sources: developer deposit accounts, available budget in the Citywide Signal Communications Upgrade project, CIP No. ST0713, or the Traffic Division Operating Budget. No budget change is necessary. DESCRIPTION: On July 17, 2018, the City Council adopted Resolution No. 90-18 (Attachment 3) approving a contract services agreement with Western Pacific Signal, LLC (WPS) to support the expansion of the City’s traffic signal communications network along major arterials. The City Council also approved WPS as a sole source vendor for various traffic signal accessories and communications devices. On November 19, 2019, the City Council adopted Resolution No. 117-19 (Attachment 4), approving a first amendment to the agreement with WPS to increase the original not-to-exceed compensation amount of $105,000 to $200,000. 31 Page 2 of 2 Staff has worked with WPS to integrate various Intelligent Transportation System (ITS) elements, interconnect signals along major corridors, and establish communications between the Traffic Operations Center located in City Hall and various traffic signals throughout the City. WPS has also delivered and provided technical installation support and onsite technical training on numerous ITS devices and related software, including local signal controllers, traffic central management software, and vehicle detection equipment. Staff worked in coordination with various developers and WPS to expand network communications to several traffic signals along Dublin Boulevard, Dougherty Road, San Ramon Road, Fallon Road, Central Parkway, and Village Parkway. Staff has identified additional needs for communication devices, specialized traffic signal systems, and communications expertise. The proposed second amendment will allow WPS to support Staff on the Citywide Signal Communications Upgrade project, CIP No. ST0713, which provides for continual upgrade of traffic signal communication systems, network switches, signal controllers, and battery backup units. WPS will also assist in the maintenance and replacement of the aging traffic signal hardware, communication devices, and network. The proposed second amendment will extend the term of the current agreement from June 30, 2021 to June 30, 2023. The amendment will also increase the total not-to-exceed compensation amount from $200,000 to $360,000. If approved, the second amendment will support the expansion and maintenance of the traffic signal communications network along major corridors. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC 2) Exhibit A to the Resolution – Amendment #2 to the Agreement 3) Resolution No. 90-18 4) Resolution No. 117-19 32 Attachment 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SECOND AMENDMENT TO THE CONTRACT SERVICES AGREEMENT WITH WESTERN PACIFIC SIGNAL, LLC WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 90-18 approving a Contract Services Agreement (Agreement) with Western Pacific Signal, LLC (WPS) to support expansion of the communications network along major arterials; and WHEREAS,on November 19, 2019, the City Council adopted Resolution No. 117-19, approving the first amendment to the Agreement, increasing the original compensation amount of $105,000 to $200,000; and WHEREAS,Staff and WPS worked in expanding the traffic signal communications network along several major arterials and desires to continue to support expansion and maintenance of the traffic signal communications network; and WHEREAS,due to the expansion in the scope of work the current not-to-exceed amount for the Agreement needs to be increased to $360,000; and WHEREAS, the term of service of the Agreement needs to be extended from June 30, 2021 to June 30, 2023 to support the additional scope of work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second Amendment to the Contract Services Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk 33 Page 1 of 4 AMENDMENT #_2_ TO CONTRACTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESTERN PACIFIC SIGNAL WHEREAS, on July 18, 2018, the City of Dublin (hereinafter referred to as "CITY") and Western Pacific Signal (hereinafter referred to as " CONTRACTOR ") entered into a Contracting Services Agreement to support expansion of the citywide communication networks along major arterials (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on November 19, 2019 Exhibit B of the Agreement was modified to increase the not-to-exceed amount to $200,000; and WHEREAS, the existing project scope and agreement are complete and staff desires additional services to support continued expansion of the citywide communication network along major roadways and the CITY and CONTRACTOR now desire to amend both Exhibit A and Exhibit B of the AGREEMENT; and WHEREAS, the CITY and CONTRACTOR now wish to amend the AGREEMENT to modify sections 1.1, 2 and 6.1; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, the date of completion specified in Exhibit A- REVISED, and Contractor shall complete the work described in Exhibit A-REVISED on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 2)Section 2 shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed Three Hundred and Sixty Thousand Dollars ($360,000), notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A- Revised, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 Attachment 2 34 Page 2 of 4 payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 6.1 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. CONTRACTOR further acknowledges that CONTRACTOR performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the CONTRACTOR performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 35 Page 3 of 4 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 36 Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN NAME OF CONTRACTOR By: _____________________________ By: _____________________________ Linda Smith, City Manager Donald R. Shupp, Principal Dated: ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 37 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 1 April 15, 2021 Ms. Sai Midididdi, T.E., Associate Civil Engineer (Traffic) City of Dublin Engineering - Transportation 100 Civic Plaza – City Hall Dublin, CA 94568 Re: Proposal to Provide Ongoing Support Services in support of the City Communications Master Plan Dear Ms. Midididdi, Western Pacific Signal (“WP Signal”) is excited to provide continue fulfillment our traffic communications network services to support the ongoing City Communications Upgrade for ITS devices along the Dublin Blvd. corridor, and elsewhere. Details are found within the attached Scope of Services attachment. Sincerely, Donald R. Shupp President EXHIBIT A - REVISED Scope of Work DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 38 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 2 SCOPE OF SERVICES Vendor shall provide traffic signal network integration support and services, specific to the City of Dublin Intelligent Transportation System (ITS). The City shall assign work order tasks to direct the vendor to maintain, troubleshoot, and expand specified ITS field infrastructure between signalized intersections and City Hall, essential to support the City Advanced Traffic Management System (ATMS). VENDOR QUALIFICATIONS & BACKGROUND Western Pacific Signal (“WP Signal”) is a local Bay Area-based traffic signal systems integrator and signal control product distributor. WP Signal has been an active and reliable vendor to the City of Dublin for the past 20 years. WP Signal has furnished and supported the City a variety of traffic signal controller assemblies and associated broadband signal interconnect communications equipment. The vendor has successfully provided technical support, training, and on-site assistance for traffic signal system various upgrade projects throughout the City. The vendor is also a long-term transportation consultant to several other local public agencies, including the County of Alameda, which provides the electrical maintenance to City traffic signals and street lights. WP Signal customer service resources, and technical support team have shown mastery in the practice of network design, coordinated signal controller timing operations, vehicle detection technology, and electrical traffic cabinet troubleshooting in past City projects. The vendor has demonstrated each of these skills in previous City contracts, and has shown to be uniquely qualified in offering a locally-based support team with a diversity of these skills, and a timely response time needed to maintain the critical infrastructure of Dublin ITS. VENDOR SUPPORT AND DISTRIBUTION CAPABILITIES The vendor is currently either an exclusive or preferred authorized distributor within the City of the following brands of signal control equipment in current or future use by the City: 1. Econolite Control Products, including ISS AutoScope Detection Systems 2. Centracs Mobility Automated Traffic Signal Performance Measures (ATSPM) 3. EtherWAN Systems ITS Network switches and routers 4. Actelis Networks ITS Network switches and routers 5. Encom Wireless broadband radio transceivers 6. Emtrac Preemption & Transit Priority GPS and Radio equipment 7. JSF Technologies school zone flashers and pedestrian safety beacons DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 39 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 3 8. Alpha Technologies (EnerSys) Battery Backup Systems (BBS) 9. Leotek Electronics LED traffic signal lamps & LED streetlights SUPPORT OBJECTIVE AND NEEDS Vendor shall provide timely and critical-need technical support, associated with ATMS operations and communication to our intersection controllers. These critical services assure communication and monitor City traffic signal systems. These systems provide several key benefits to the Dublin and it’s citizens, including: •Real-time monitoring and adjustment of the City Adaptive Signal Control System, known as Signals-as-a-Service (SaaS). •Improved safety by providing enabling the traffic engineer to make remote changes and adjustments to signal timing. •System generated field alerts, and associated report generation, to determine existence of maintenance or operational issues needing review or remedy. •Graphically monitoring the signal operations and corridor congestion levels, in real time. •Applying these changes and best practices to maintain our ITS signal operations at optimum levels. This readiness state helps reduce average travel times for local traffic and transit vehicles, while maintaining safer travel conditions for bicyclists, motorized scooters, and pedestrian community. SCOPE OF WORK AND TASK ASSIGNMENTS The Scope of Services to be provided by WP Signal include, but are not limited to: 1. Configuration and network management of various Servers, Hub switches, which provide real-time data connection to the City Transportation Management Center (TMC). 2. Training and implementation of best practices for secured network and cybersecurity auditing of these essential public safety assets. 3. Signals-as-a-Service (SaaS) Monitoring and Reporting of the Dublin ATMS central control for alarms, alerts, and equipment malfunctions to City staff and contracted on-call signal maintenance technicians. DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 40 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 4 4. Network load balancing, and redundant ring configuration of Industrial field- hardened Network Edge switches (Fiber, Copper, Cellular, and Radio-based broadband equipment). 5. ITS Network integration, documentation, and testing of City-owned twisted pair copper and City-owned fiber-optic Signal Interconnect Cable (SIC). 6. Technical support, and documentation maintenance for Ethernet-based Internet of Things (IoT) based traffic signal field equipment, specific to the Dublin ITS field devices. including IP, subnet masks, UDP port assignments, and firmware upgrades. Covered Dublin ITS field equipment shall include: a. Traffic Signal Controllers and electrical cabinet enclosures b. Network switches, routers, and radios for public safety applications c. Video and Radar-based Vehicle / Bicycle Detection Systems d. Vehicle Count Stations and Wireless travel time hubs e. CCTV Video Cameras for traffic monitoring f. Malfunction Management Units (MMU) safety monitor devices g. Battery Backup System (BBS) Inverters and event logging devices h. Emergency Vehicle Preemption (EVP) Phase Discriminator controllers i. Transit Signal Priority (TSP) Phase Discriminator control units j. Accessible Pedestrian System (APS) stations & Interface controllers k. Rectangular Rapid Flashing Beacon (RRFB) and Warning signs l. Streetlight power controls and event monitor devices === DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 41 EXHIBIT B-REVISED Compensation Schedule The not to exceed amount total for this agreement $200,000$360,000 is for the following technical support and equipment supply: Technical Support: Year Cost for Three Five Years FY 18 - 19 $15,000.00 FY 19 - 21 $35,000.00 FY 2021 - 2023 $40,000.00 Equipment Supply: Year Cost per Year for Equipment FY 18 - 19 $ 30,000.00 FY 19 - 20 $ 60,000.00 FY 20 - 21 $ 60,000.00 FY 2021- 2022 $ 60,000.00 FY 2022 - 2023 $ 60,000.00 Total Cost: $ 200,000.00$360,000.00 Invoicing Requirements All invoices shall be sent to City electronically, to the following email address: PWaccounting@dublin.ca.gov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm’s accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be submitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15th of that year. DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 42 Attachment 3 43 44 $WWDFKPHQW 45 46 47 48 49 50